- Title Pages
- Preface
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- Table of National Legislation
- Abbreviations
- 1 The Definition and Valuation of Environmental Harm: An Overview
- 2 Reparation for Environmental Damage in International Law: Some Preliminary Problems
- 3 The Economic Value of Environmental Damage
- 4 Biodiversity, Intrinsic Value, and the Definition and Valuation of Environmental Harm
- 5 Environmental Damage and Genetically Modified Organisms
- 6 Indigenous Peoples' Subsistence Lifestyle as an Environmental Valuation Problem
- 7 Environmental Damage in the Practice of the UN Compensation Commission
- 8 Environmental Damage and Environmental Impact Assessment
- 9 The Concept of Environmental Damage in International Liability Regimes
- 10 The Relationship between Environmental Damage and Pollution: Marine Oil Pollution Laws in Malaysia and Singapore
- 11 Environmental Damages in the Common Law: An Overview
- 12 Environmental Damage in the Legal Systems of the Nordic Countries and Germany
- 13 Civil Law Approaches to Evaluation of Environmental Damage: Poland
- 14 Definition and Valuation of Environmental Damage: The Contribution of the Scottish Legal System
- 15 The Approach of Mixed Legal Systems: The Case of Mauritius
- 16 Definition and Valuation of Environmental Damage in Turkey
- 17 Environmental Damage Evaluation in Brazil
- 18 Caribbean Environmental Damage and Valuation
- 19 The EC White Paper on Environmental Liability and the Recovery of Damages for Injury to Public Natural Resources
- Index
Environmental Damages in the Common Law: An Overview
Environmental Damages in the Common Law: An Overview
- Chapter:
- (p.213) 11 Environmental Damages in the Common Law: An Overview
- Source:
- Environmental Damage in International and Comparative Law
- Author(s):
Thomas Schoenbaum
- Publisher:
- Oxford University Press
This chapter explores whether and to what extent the common law makes provisions liability for and recovery of environmental damage. The chapter is organized as follows. First, it examines the traditional common law doctrine involving cases of action for injury to land: nuisance, trespass, negligence, and strict liability. It then discusses common law doctrine directed more precisely at the use and protection of natural resources: the public trust doctrine. Thirdly, recent statutory rights to recover environmental damages under American law are summarized. With this, it is possible to draw some conclusions about environmental damage and the common law that are relevant to international practice.
Keywords: common law, environmental damage, liability, natural resources, public trust doctrine, American law, statutory rights
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- Title Pages
- Preface
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- Table of National Legislation
- Abbreviations
- 1 The Definition and Valuation of Environmental Harm: An Overview
- 2 Reparation for Environmental Damage in International Law: Some Preliminary Problems
- 3 The Economic Value of Environmental Damage
- 4 Biodiversity, Intrinsic Value, and the Definition and Valuation of Environmental Harm
- 5 Environmental Damage and Genetically Modified Organisms
- 6 Indigenous Peoples' Subsistence Lifestyle as an Environmental Valuation Problem
- 7 Environmental Damage in the Practice of the UN Compensation Commission
- 8 Environmental Damage and Environmental Impact Assessment
- 9 The Concept of Environmental Damage in International Liability Regimes
- 10 The Relationship between Environmental Damage and Pollution: Marine Oil Pollution Laws in Malaysia and Singapore
- 11 Environmental Damages in the Common Law: An Overview
- 12 Environmental Damage in the Legal Systems of the Nordic Countries and Germany
- 13 Civil Law Approaches to Evaluation of Environmental Damage: Poland
- 14 Definition and Valuation of Environmental Damage: The Contribution of the Scottish Legal System
- 15 The Approach of Mixed Legal Systems: The Case of Mauritius
- 16 Definition and Valuation of Environmental Damage in Turkey
- 17 Environmental Damage Evaluation in Brazil
- 18 Caribbean Environmental Damage and Valuation
- 19 The EC White Paper on Environmental Liability and the Recovery of Damages for Injury to Public Natural Resources
- Index
