Shifts in Compensation for Environmental Damage (Tort and by Michael Faure, Albert Verheij

By Michael Faure, Albert Verheij

This quantity examines the shifts within the reimbursement of environmental harm among deepest and public platforms. contemporary advancements at either the eu and foreign point are awarded with a spotlight at the shifts when it comes to the repayment of oil pollutants, harm coming up because of nuclear injuries and soil toxins specifically felony structures (Belgium, the Netherlands, Germany and the U.S.A.). recognition is additionally paid to shifts among a number of degrees of presidency so far as reimbursement for environmental harm is worried. The authors speak about the character of the actual shift and look at no matter if the shift is often from deepest legislation to public investment. the explanations for the advent of the shifts and their results also are tested in addition to the results of a number of the shifts within the oil toxins regime from an monetary point of view. New advancements, akin to the shift in the direction of voluntary repayment schemes and environmental harm coverage, are awarded and seriously mentioned.

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95 There is a link between the interest of the community and the interests of individuals since a community consists of individuals. Conditions that are necessary for human beings to survive are therefore also conditions to be protected for the sake of the community. 96 Secondly, all private rights are directly protected by the 89 90 91 92 93 94 95 96 M. Kloepfer/T. Brandner (supra fn. 88) 792-793. R. Schmidt, Einführung in das Umweltrecht (1995), 181. See for further information the website of the German Federal Environmental Agency (Umweltbundesamt)

G. von Meijenfeldt, De wettelijke regeling van de bodemsanering (1994), 33. nl> all the houses needed to be demolished and the total costs amounted to some 141 112 38 Michael Faure and Albert Verheij 113 Lekkerkerk became a household word but it only proved to be the proverbial tip of the iceberg. Many sites in the Netherlands turned out to be polluted. Major sources of pollution were gas factories that were built in the 19th and 20th century. Most of them closed down in the 1950s but the polluted soil remained.

111 2. Facts and costs144 Soil pollution is a major problem in the European Union. It is estimated that 16% of the soil in Europe is polluted to varying degrees. In the Netherlands the problem of soil pollution became apparent with the discovery of polluted soil in the city of Lekkerkerk in 1980. In Lekkerkerk newly constructed houses were built on soil that had been polluted with chemicals such as benzene and toluene which increase the chances of developing cancer. Several buildings needed to be demolished and all the inhabitants had to be removed.

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