Environmental Protection and the Common Law
eBook - PDF

Environmental Protection and the Common Law

  1. 288 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Environmental Protection and the Common Law

About this book

Within the broad framework of the common law of tort, the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

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Yes, you can access Environmental Protection and the Common Law by John Lowry, Rod Edmunds, John Lowry,Rod Edmunds in PDF and/or ePUB format, as well as other popular books in Law & Environmental Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2000
Print ISBN
9781901362930
eBook ISBN
9781847310859
Edition
1
Topic
Law
Subtopic
Environmental Law
Index
Law

Table of contents

  1. Half Title Page
  2. Title Page
  3. Title verso
  4. Foreword
  5. Preface
  6. Contents
  7. Table of Cases
  8. Table of Legislation
  9. 1. Victorian Foundations?
  10. 2. Nuisance, the Morality of Neighbourliness, and Environmental Protection
  11. 3. Noxious Emissions and Common Law Liability: Tort in the Shadow of Regulation
  12. 4. From the Individual to the Environmental: Tort Law in Turbulence
  13. 5. Tort and Environmental Pluralism
  14. 6. Statutory Liability for Contaminated Land: Failure of the Common Law?
  15. 7. Nuisance and Environmental Protection
  16. 8. Marking the Boundary: The Relationship between Private Nuisance, Negligence and Fault
  17. 9. Stigma Damages, Amenity and the Margins of Economic Loss: Quantifying Perceptions and Fears
  18. 10. Towards a European Tort Law on the Environment? European Union Initiatives and Developments on Civil Liability in Respect of Envrionmental Harm
  19. 11. Environmental Protection and the Role of the Common Law: A Scottish Perspective
  20. Index