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Corporate Accountability in International Environmental Law$
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Elisa Morgera

Print publication date: 2009

Print ISBN-13: 9780199558018

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199558018.001.0001

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The Shortcomings of Traditional Legal Solutions

The Shortcomings of Traditional Legal Solutions

Chapter:
(p.25) 3 The Shortcomings of Traditional Legal Solutions
Source:
Corporate Accountability in International Environmental Law
Author(s):

Elisa Morgera

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199558018.003.0003

This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private companies through home and host State control, international State responsibility, and international environmental regimes for civil liability. Corporate environmental accountability is therefore presented as an immediate way—additional to traditional legal solutions (such as home and host State control, international State responsibility, and international civil liability regimes)—to contribute to equalizing the international protection afforded to foreign direct investment and multinational companies with expectations of reasonably acceptable environmental conduct.

Keywords:   state responsibility, state control, environmental liability, criminal law, private companies

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