Book contents
- Liability for Environmental Harm to the Global Commons
- Cambridge Studies on Environment, Energy and Natural Resources Governance
- Liability for Environmental Harm to the Global Commons
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Instruments
- Abbreviations
- 1 Introduction
- 2 Purposes of, and Approaches to, International Liability
- 3 Definition and Valuation of Compensable Environmental Damage
- 4 Allocation of Liability for Environmental Harm in Areas beyond National Jurisdiction
- 5 Standards of Liability
- 6 Standing to Bring Claims for Environmental Harm in Areas beyond National Jurisdiction
- 7 Access to Remedies
- 8 Insurance and Compensation Funds
- 9 Conclusion
- Bibliography
- Index
5 - Standards of Liability
Published online by Cambridge University Press: 24 August 2023
- Liability for Environmental Harm to the Global Commons
- Cambridge Studies on Environment, Energy and Natural Resources Governance
- Liability for Environmental Harm to the Global Commons
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Instruments
- Abbreviations
- 1 Introduction
- 2 Purposes of, and Approaches to, International Liability
- 3 Definition and Valuation of Compensable Environmental Damage
- 4 Allocation of Liability for Environmental Harm in Areas beyond National Jurisdiction
- 5 Standards of Liability
- 6 Standing to Bring Claims for Environmental Harm in Areas beyond National Jurisdiction
- 7 Access to Remedies
- 8 Insurance and Compensation Funds
- 9 Conclusion
- Bibliography
- Index
Summary
A threshold question for designing liability rules is the degree of fault required to impose liability. This chapter begins with a discussion of the policy considerations that underlie the policy choice between strict liability and due diligence approaches to liability and an examination of the distributive implications of this choice. The chapter then describes the approaches to standards of liability found in the law of state responsibility and civil liability regimes, before examining the specific fault requirements that structure liability in the Antarctic, deep seabed and high seas regimes.
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- Liability for Environmental Harm to the Global Commons , pp. 133 - 158Publisher: Cambridge University PressPrint publication year: 2023