This essay examines in great depth a variety of legal issues relating to environmental liability under European Union law. First of all, an overview is given of existing international instruments in this field (such as the so-called Lugano Convention) and their impact on European Union law; secondly, the European Liability Directive is analysed (and its merits and drawbacks duly accounted for); thirdly, the use of private international law tools (both internationally and in European Union law) is taken into consideration and an argument is made in favour of an ad-hoc private international law rule relating to environmental torts in the proposed "Rome II" regulation. A final paragraph discusses (and supports) the possibility of introducing conflict-of-jurisdiction rules specific to the environment.

Liability for Environmental Torts in Europe: The Case of Pursuing Effective Legal Uniformity

MUNARI, FRANCESCO;SCHIANO DI PEPE, LORENZO
2005

Abstract

This essay examines in great depth a variety of legal issues relating to environmental liability under European Union law. First of all, an overview is given of existing international instruments in this field (such as the so-called Lugano Convention) and their impact on European Union law; secondly, the European Liability Directive is analysed (and its merits and drawbacks duly accounted for); thirdly, the use of private international law tools (both internationally and in European Union law) is taken into consideration and an argument is made in favour of an ad-hoc private international law rule relating to environmental torts in the proposed "Rome II" regulation. A final paragraph discusses (and supports) the possibility of introducing conflict-of-jurisdiction rules specific to the environment.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11567/205925
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