Liability for Environmental Harm to the Global Commons

A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.

Neil Craik (Author), Tara Davenport (Author), Ruth Mackenzie (Author)

9781108496223, Cambridge University Press

Hardback, published 7 September 2023

298 pages
28 x 19 x 2.3 cm, 0.661 kg

This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

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.

Subject Areas: Environment law [LNKJ]