Soil Protection in French Environmental Law

2006 ◽  
Vol 3 (3) ◽  
pp. 204-212 ◽  
Author(s):  
Frédéric Bourgoin
Keyword(s):  
Soil Contamination ◽  
Environmental Law ◽  
Public Policies ◽  
Pollution Prevention ◽  
Case Law ◽  
Protection System ◽  
Recent Case ◽  
Soil Protection ◽  
Industrial Sites

AbstractIn France the absence of a comprehensive soil protection system was in part compensated by public policies issued by the Ministry for Environment and environmental authorities. The effect of these policies was to establish pollution prevention and monitoring criteria as well as public registers for (potentially) polluted industrial sites. The industrial regime (Installations Classées pour la Protection de l'Environment, 'ICPE') has been a key instrument in the development of soil protection, not only in the context of prevention but also in terms of liability for soil contamination which, in the absence of specific legislation, has relied on other liability regimes. The last fifteen years has also seen a rash of often contradictory case law, in particular concerning the definitions of liable persons and remediation levels. However, these definitions, in particular concerning liable persons, appear to have been settled by recent case law.

What are the duties of an outgoing trustee?

2020 ◽  
Author(s):  
Stephen Alexander ◽  
Michael Edwards
Keyword(s):  
Case Law ◽  
Recent Case ◽  
England And Wales ◽  
Royal Court ◽  
Trust Company

Abstract The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in this area are relatively well-defined, as per the Trusts (Jersey) Law 1984 (the Trusts Law) and a not inconsiderable body of case law derived from the Royal Court in Jersey as well as of the courts of England and Wales. However, it is useful to both professional trustees and legal practitioners alike when the Court provides further elucidation. The Geneva Trust Company case centred around the transfer of trust records for the D Discretionary Trust (the DDT) from the former trustee, Geneva Trust Company SA (formerly known as Rawlinson & Hunter Trustees SA) (the Former Trustee) to the current joint trustees, Fort Trustees Limited and Balchan Management Limited (collectively, the Current Trustees).

scholarly journals Hopeless Cases: In Defence of Compensating Litigants at the Advocate's Expense

1999 ◽  
Vol 30 (1) ◽  
pp. 295 ◽  
Author(s):  
Duncan Webb
Keyword(s):  
Public Policies ◽  
Case Law ◽  
Professional Standards ◽  
Dividing Line

The dividing line between novel litigation and cases which are an abuse of process and a waste of time can be a difficult one to draw.  Some would argue that the tension between these two public policies is reason enough not to award costs against an advocate bringing or defending "hopeless" causes.  The author, however, is of the view that the jurisdiction to award such costs is justified in the interests of protecting clients and maintaining professional standards.  An analysis of the case law reveals that the power is used sparingly and, if there is any doubt, the court will favour the advocate.

scholarly journals REPONSABILIDADE SOLIDÁRIA: um importante instrumento para as políticas públicas ambientais

2014 ◽  
Vol 17 (2) ◽  
pp. 455
Author(s):  
Robson Ivan Stival ◽  
Belmiro Valverde Jobim Castor ◽  
Valdir Fernandes Fernandes
Keyword(s):  
Data Analysis ◽  
Environmental Law ◽  
Public Policies ◽  
Environmental Policies ◽  
Environmental Issue ◽  
Joint Liability ◽  
Interdisciplinary Field ◽  
Bibliographic Data ◽  
Deductive Method ◽  
The Law

Este artigo situa-se no campo interdisciplinar e trata do instituto jurídico da responsabilidade solidária a partir das perspectivas do Direito Ambiental e das Políticas Públicas. Tem por objetivo destacar a importância da solidariedade, pelo viés jurídico, para as Políticas Públicas ambientais.A pesquisa é teórica, descritiva e exploratória, com análise de dados bibliográficos pelo método dedutivo. São estabelecidas relações entre as Políticas Públicas, os novos paradigmas apartir da questão ambiental e a responsabilidade solidária.Palavras-chave: Direito Ambiental; Políticas Públicas; Responsabilidade solidária.JOINT LIABILITY: an important tool for environmental public policiesAbstract: This article lies in interdisciplinary field and deals with the law institute of the liability from the perspectives of environmental law and public policies. Aims to highlight the importance of solidarity, by legal bias, for public environmental policies. The research is exploratory and descriptive, theoretical, with bibliographic data analysis by the deductive method. Relationships are established between public policies, new paradigms from the environmental issue and the joint and several liability.Keywords: Environmental Law, Public policies, Joint liability.

scholarly journals Policy, Regulations and Standards in Prognostics and Health Management

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Kai Goebel ◽  
Ravi Rajamani
Keyword(s):  
Best Practices ◽  
Common Ground ◽  
Health Management ◽  
Public Policies ◽  
Pollution Prevention ◽  
Prognostics And Health Management ◽  
Organizational Policies ◽  
Prevention Act ◽  
Maintenance Policies ◽  
Legal Constraints

As the field of PHM matures, it needs to be aware of the regulations, policies, and standards that will both impose boundaries as well as provide guidance for operations. All three - regulations, policies, and standards - provide information on how to design or operate something, but with different degrees of enforceability. Policies include both public policies as well as organizational policies. Operators may be required to adhere to public policies(say, an environmental policy which provides guidance for the pollution prevention act (the latter is a US law)) whereas organisational often reflect policies that come out of strategic considerations within private organizations (such as maintenance policies). Regulations (such as aeronautics or nuclear energy) typically impose binding rules of engagement and are imposed by regulatory bodies that are responsible for a particular field. Standards, in contrast, are community-consensus guidelines that are meant to provide benefit to the community by describing best practices. Adoption of such guidelines is entirely voluntary but may provide benefits by not having to reinvent the wheel and for finding common ground amongst other adopters. Awareness of both guidelines and barriers will enable practitioners in adopting best practices within the legal constraints. This paper provides an overview of the current regulations, policies, and standards in the field of Prognostics and Health Management.

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2012 ◽  
Vol 50 (2) ◽  
pp. 437
Author(s):  
Caireen E Hanert ◽  
James R Maclean
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Contract Law ◽  
Employment Law ◽  
Conflict Of Laws ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of Aboriginal law, leases, joint operating agreements, surface rights, environmental law, contract law, taxation, privilege, employment law, conflict of laws, and limitations law.

Sign in / Sign up

Export Citation Format

Share Document