The Role of French Environmental Associations in Civil Liability for Environmental Harm: Courtesy of Erika

2008 ◽  
Vol 21 (1) ◽  
pp. 87-112 ◽  
Author(s):  
D. Papadopoulou
Keyword(s):  
Civil Liability ◽  
Environmental Harm

scholarly journals The Role of Literary Artists in Environmental Movements: Minamata Disease and Michiko Ishimure

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Orika Komatsubara
Keyword(s):  
Social Issues ◽  
Environmental Harm ◽  
Case Study Methodology ◽  
Minamata Disease ◽  
Environmental Resistance ◽  
The People ◽  
Poetic Expression ◽  
Study Methodology

By offering new fantasies, perspectives and representations, artists have the power to make people aware of social issues and inspire them to action. This paper describes how artists can offer a vision of environmental resistance by employing fantasy and using tools of poetic expression for communities affected by environmental destruction. This paper employs a case study methodology to examine the Minamata disease victims’ movement in Japan through the lens of environmental justice. As part of this movement, writer Michiko Ishimure created a fantasy called Mouhitotsu-no-konoyo, based in a mythical world and featuring the moral relationships that the people of Minamata, Kumamoto Prefecture, had embraced before modernisation. I will show the importance of this fantasy for the movement, analysing it from two perspectives: those of ningenteki-dori (the human principle) and the invisible fantasy about the mythical world. Ishimure’s fantasy offers a moral message to prevent further environmental harm.  

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

Conclusion

2021 ◽  
pp. 261-270
Author(s):  
Arden Rowell ◽  
Kenworthey Bilz
Keyword(s):  
Environmental Law ◽  
Building Blocks ◽  
Psychological Research ◽  
Environmental Harm ◽  
Environmental Laws ◽  
Policy Makers ◽  
Psychological Analysis ◽  
Law And Psychology ◽  
The Relationship

Throughout this book, we have sought to identify what we see as the basic building blocks for environmental law and psychology, and for applying a psychological analysis to specific environmental laws. To that end, we have identified key ways we believe that psychological research can help in understanding and predicting why, when, and how people think about and respond to environmental harm. We have also argued that a psychological approach to environmental law and policy, which takes account of this research, can help the law more effectively shape human behavior to desired ends—whatever those ends might be. This conclusion flags a set of questions, projects, and data needs that could help policy makers and attorneys to even better understand and predict the impacts of environmental law as well as develop more effective (and in some cases cheaper) environmental laws and regulations. This includes the possibility of using law to debias; the relationship between politics and the psychology of environmental law; how environmental law might be updated in light of psychological analysis; and the role of the ongoing COVID-19 pandemic within environmental law and psychology.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

scholarly journals Istota tajemnicy ubezpieczeniowej ze szczególnym uwzględnieniem odpowiedzialności za jej naruszenie

2021 ◽  
Vol 33 (2) ◽  
pp. 227-240
Author(s):  
Izabela Wysocka ◽  
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Civil Liability ◽  
Administrative Law ◽  
Public Law ◽  
Tort Liability ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Insurance secrecy is a public law institution that has been introduced to the private system. The purpose of this institution is to protect constitutional guarantees such as the right to privacy, and also to protect human rights. This fact gives rise to the entity’s broad liability for breach of insurance secrecy. You can see civil liability as a contractual breach and tort liability. In addition, the entity obliged to maintain insurance secrecy that violates this obligation may be affected by criminal liability, the basis of which is found in several acts. It is also worth highlighting the role of administrative responsibility, in which a breach of the obligation of confidentiality is treated as an administrative tort. Due to the above, the essence of insurance secrecy is to provide protection under civil, criminal and administrative law.

scholarly journals Role of Foreseeability in Imposition of Civil Liability

2021 ◽  
Vol 2 (20) ◽  
pp. 268-286
Author(s):  
Edijs Brants
Keyword(s):  
Strict Liability ◽  
Theoretical Perspective ◽  
Civil Liability ◽  
Article Analysis ◽  
Points Of View ◽  
Insight Into

The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foresee­ability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict liability. Likewise, the article analysis the role of foreseeability during determination of preconditions to civil liability, for example, by introducing it into the concepts of “fault” and “causation”. The aspects referred to in this article are predominantly analysed from the theoretical perspective. The article references various legal sources from different countries, which allows other legal scholars to use the conclusions offered herein.

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