scholarly journals Liability for environmental damage and insurance coverage under German law

2020 ◽  
Author(s):  
Manfred Wandt
Keyword(s):  
Insurance Coverage ◽  
German Law ◽  
Environmental Damage ◽  
Environmental Consequences ◽  
Energy Company ◽  
Environmental Liability ◽  
Liability Law ◽  
The Status ◽  
Recent Developments ◽  
The Individual

Abstract“Protection of the environment“ and “sustainability“ are more significant than ever. The legal system contributes an important share to the protection of the environment. However, an overview of the German private environmental liability law shows that conventional tort law is not a suitable basis for civil liability for the environmental consequences of officially approved emissions of greenhouse gases. In general, one of the main problems of private environmental liability law lies in proving the individual causality of the conduct of an emitter, as the lawsuit of a Peruvian homeowner against a German energy company pending before the Higher Regional Court of Hamm illustratively demonstrates. The outcome of this lawsuit, which may have an outstanding significance for the status and development of private environmental liability law in Germany, is awaited with great anticipation. The article also briefly examines recent developments in private environmental liability law outside Germany and the question to what extent insurance can be an instrument to protect the environment.

GROUNDS FOR INITIATING INDIVIDUAL INSOLVENCY PROCEEDINGS UNDER THE LEGISLATION OF UKRAINE AND GERMANY

2018 ◽  
Author(s):  
Rodion Poliakov ◽  
Keyword(s):  
Positive Impact ◽  
German Law ◽  
Legal Regulation ◽  
Unsuccessful Attempt ◽  
Judicial Practice ◽  
The Status ◽  
Bankruptcy Code ◽  
The Individual ◽  
Insolvency Proceedings ◽  
Qualitative Characteristics

The article examines the grounds for initiating individual insolvency proceedings, which are regulated by Ukrainian and German law, as well as current positions of judicial practice in this area. Proposals are made to improve the provisions of the Bankruptcy Code of Ukraine and the Law of Ukraine «On Judicial Fees», which will have a positive impact on the legal regulation of insolvency of individuals and law enforcement practice in this area. It is established that in Ukraine the legislator uses not only the principle of insolvency or threat of insolvency to open an insolvency of a citizen, as is the case with a legal entity, but also payment inability. The author notes that using the principle of insolvency, the Ukrainian legislator in one case indicates the minimum amount of debt, and in another sets only the terms of suspension of payments and the minimum percentage of arrears, and in determining the threat of insolvency and payment inability does not provide any quantitative and qualitative characteristics. It is suggested that debtors must have the property in necessary amount to cover court costs when initiating insolvency proceedings. It is proposed to establish a court fee for filing an application for insolvency proceedings, differentiating its size depending on whether the individual debtor has the status of an individual-entrepreneur. It is noted that under German law, the procedure of insolvency of individuals may be opened at the request of both the debtor and the creditor. It is established that the opening of individual insolvency proceedings in Germany is possible only if there are additional grounds, such as: unsuccessful attempt of pre-trial settlement of debt within six months before the filing of the application for initiation of proceedings; availability of a certificate issued by a special entity and certifying a failed attempt of a pre-trial settlement; submission of an application for discharge from residual debt or an application for refusal of such discharge.

Recent developments in French environmental law: Recognition and implementation of ecological damage in French tort law

2019 ◽  
Vol 21 (4) ◽  
pp. 309-317
Author(s):  
Julie Foulon
Keyword(s):  
Environmental Law ◽  
Tort Law ◽  
Environmental Damage ◽  
New Approach ◽  
Legal Personality ◽  
Ecological Damage ◽  
Environmental Liability ◽  
Recent Developments ◽  
Environmental Loss ◽  
The Eu

As a consequence of increased pressure on environment in Europe and beyond, the extent and variety of forms of environmental damage has broadened widely over the last decades. One key way to tackle this problem is, evidently, to ensure that damage that arise is properly repaired. Whilst provisions to secure environmental liability have been implemented in the EU context through the Environmental Liability Directive, the effectiveness of this Directive is still limited. In France, in order to surpass current impasses, the 2016 Biodiversity Law was recently enacted (adopted on August 8th, 2016), which creates a specific regime in French civil law for remedying ecological damage (defined as damage caused to nature itself). Three years after the introduction of France’s new approach to ecological damage, the present article reflects on the legal innovations and challenges of the reform, and explains how the new regime proceeds to remedy ecological damage. A key challenge here, as will be discussed, is that nature as such has not been recognised as having legal personality under the French legal system, which has traditionally been a key hurdle for securing compensation for environmental loss in the first place under tort law.

Ukrainian community life of believers

2008 ◽  
pp. 110-134
Author(s):  
Pavlo Yuriyovych Pavlenko
Keyword(s):  
Religious Life ◽  
Main Task ◽  
Community Life ◽  
Religious Activity ◽  
Existence Of God ◽  
Religious System ◽  
Real Presence ◽  
The Status ◽  
Intimate Relations ◽  
The Individual

The cornerstone of any religion is its anthropological concept, which seeks to determine the essential orientations of man, to outline the ideological framework of its existence, to represent the idea of ​​its essence, purpose in earthly life. The main task of the religious system is the act of involving and subordinating man to the spiritual divine realm as the realm of the transcendental existence of God. Belief in the real presence of the latter implies a new understanding of oneself, which ultimately leads the religious individual to the desire to be involved in this transcendental existence, to have intimate relations with him, to have a consciousness inherent in God. Note that in this context, all human being is interpreted as a certain arena for this realization. Therefore, the religious life of the individual acquires the status of religious activity.

Victorian Pain

2017 ◽  
Author(s):  
Rachel Ablow
Keyword(s):  
Nineteenth Century ◽  
Victorian Literature ◽  
Social Life ◽  
Charles Darwin ◽  
Harriet Martineau ◽  
The Status ◽  
History Of ◽  
The Individual ◽  
Natural Philosophers ◽  
First Time

The nineteenth century introduced developments in science and medicine that made the eradication of pain conceivable for the first time. This new understanding of pain brought with it a complex set of moral and philosophical dilemmas. If pain serves no obvious purpose, how do we reconcile its existence with a well-ordered universe? Examining how writers of the day engaged with such questions, this book offers a compelling new literary and philosophical history of modern pain. The book provides close readings of novelists Charlotte Brontë and Thomas Hardy and political and natural philosophers John Stuart Mill, Harriet Martineau, and Charles Darwin, as well as a variety of medical, scientific, and popular writers of the Victorian age. The book explores how discussions of pain served as investigations into the status of persons and the nature and parameters of social life. No longer conceivable as divine trial or punishment, pain in the nineteenth century came to seem instead like a historical accident suggesting little or nothing about the individual who suffers. A landmark study of Victorian literature and the history of pain, the book shows how these writers came to see pain as a social as well as a personal problem. Rather than simply self-evident to the sufferer and unknowable to anyone else, pain was also understood to be produced between persons—and even, perhaps, by the fictions they read.

Foundations and Introduction of Islamic Economics: Role and Trends

2020 ◽  
Vol 3 (3) ◽  
pp. 121-138
Author(s):  
Dr. Bilal Ahmad Khan
Keyword(s):  
Modern Science ◽  
Central Position ◽  
Islamic Philosophy ◽  
Moral Training ◽  
Human Ability ◽  
The Status ◽  
Distribution Of Resources ◽  
The Rich ◽  
Specific Concept ◽  
The Individual

Islamic economics based on specific concept of universe and the creation of man is contradictory to the concept adopted and accepted by modern science. Islamic economics postulates although ability and expertise is required for progress and growth but distribution of resources completely dependent on it would be cruel, inhuman and bereft of kindness, and lead to oppression. Islamic economics does not favor making human ability and expertise the fulcrum of resource distribution. It should be kind, considerate and based on justice and fairness. This is because according to Islamic philosophy, ownership is considered to be a trust from Allah which has been bestowed on the rich so that they may utilize it correctly. In Islamic economics the role of the individual, has inclinations and his aims and objectives occupy a central position and are vitally important. He is definitely a rational being but his level of rationality is not confined to the calculations of cost and profit. An individual does not want merely to obtain monetary profit and physical pleasure and leisure but he also wants and aims for something beyond what the material world has to offer. The main aim of the study is to find out the relationship between Islam and economics. In Islamic economics the comprehensive moral training of the individual, his technical and educational ability, his aims and his priorities are of primary importance. According to Islamic economics the means of acquiring wealth has the same importance as wealth itself. Dishonesty, abuse of trust and earning of wealth through fraudulent ways and means may perhaps increase the status of an individual but the society suffers because of it on the whole. This leads to an unjust and oppressive economic system.

Recycling and Reuse in the Roman Economy

2020 ◽  
Keyword(s):  
Building Materials ◽  
Computational Modelling ◽  
Late Antique ◽  
Roman Economy ◽  
Wide Range ◽  
The Status ◽  
Recent Developments ◽  
Methodological Approaches ◽  
First Time ◽  
Site Types

The recycling and reuse of materials and objects were extensive in the past, but have rarely been embedded into models of the economy; even more rarely has any attempt been made to assess the scale of these practices. Recent developments, including the use of large datasets, computational modelling, and high-resolution analytical chemistry, are increasingly offering the means to reconstruct recycling and reuse, and even to approach the thorny matter of quantification. Growing scholarly interest in the topic has also led to an increasing recognition of these practices from those employing more traditional methodological approaches, which are sometimes coupled with innovative archaeological theory. Thanks to these efforts, it has been possible for the first time in this volume to draw together archaeological case studies on the recycling and reuse of a wide range of materials, from papyri and textiles, to amphorae, metals and glass, building materials and statuary. Recycling and reuse occur at a range of site types, and often in contexts which cross-cut material categories, or move from one object category to another. The volume focuses principally on the Roman Imperial and late antique world, over a broad geographical span ranging from Britain to North Africa and the East Mediterranean. Last, but not least, the volume is unique in focusing upon these activities as a part of the status quo, and not just as a response to crisis.

Aspects of Jewish Reception of the Ketuvim (Writings)

2018 ◽  
pp. 429-447
Author(s):  
Alan Cooper
Keyword(s):  
Teaching And Learning ◽  
The Status ◽  
The Individual

This chapter discusses three aspects of Jewish reception of the Ketuvim (Writings or Hagiographa): the status and authority of the Ketuvim in relation to the Torah (Pentateuch) and the Nevi’im (Prophets); the study and liturgical use of Ketuvim, focusing on the so-called Five Scrolls (hamesh megillot) and the Book of Psalms; and the character of traditional commentary on selected books, including recommendations for further reading. The Ketuvim were considered sacred and inspired, but at a lower level of inspiration than the Torah and the Prophets. They were regarded as diverting and edifying, but insufficiently authoritative to support the promulgation of law, which was the fundamental concern of rabbinic teaching and learning. On the whole, Jewish commentators seek to find consistency in the interpretation of the individual books, “taming” their originality in order to conform their meanings both to the rest of Scripture and to normative Jewish teachings.

International Treaties and The German Constitution

2019 ◽  
pp. 171-190
Author(s):  
Stefan Kadelbach
Keyword(s):  
German Law ◽  
Foreign Affairs ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Basic Law ◽  
The Status ◽  
German Constitution ◽  
Federal Constitutional

This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.

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