Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Guillaume Laganière

• Publisher: Hart Publishing
• Year: 2022
• Print ISBN: 9781509951192
• eBook ISBN: 9781509951161
• Edition: 1
• Topic: Law
• Subtopic: Conflict of Laws
• Index: Law

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Table of contents

• Cover
• Title Page
• Preface
• Acknowledgements
• Table of Contents
• List of Abbreviations
• International Materials, Legislation, Jurisprudence and Government Documents
• Introduction
• PART 1: LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW
• PART 2: TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW
• Conclusion
• Bibliography
• Index
• Copyright Page