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International Documents on Environmental Liability
International Documents on Environmental Liability brings together 30 official full-text documents in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses – including the latest on: 2003 UNECE Kyiv Liability Protocol 2004 EC Directive on Environmental Liability 2005 Antartica Liability Annex The Authors’ combined capacity as an academic, policy advisor, and practitioner have helped bring forth a publication that reflects their experience of being involved in the development, negotiations and implementation of environmental liability regimes at both an international and European level.
I. European Union -- 1. Environmental Liability Directive (ELD), Environmental Damage Directive (EDD) -- 1.1 General Information -- Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage -- 1.2.1 Annex I – Criteria Referred to in Article 2(1)(A) -- 1.2.2 Annex II – Remedying of Environmental Damage -- 1.2.3 Annex III – Activities Referred to in Article 3(1) -- 1.2.4 Annex IV – International Conventions Referred to in Article 4(2) -- 1.2.5 Annex V – International Instruments Referred to in Article 4(4) -- 1.2.6 Annex VI – Information and Data Referred to in Article 18(1) -- 1.2.7 Commission Declaration on Article 14(2) – Environmental Liability Directive -- II. General -- 2. Lugano Convention -- 2.1 General Information -- 2.2 Convention of 21 June 1993 on Civil Liability for Damage Resulting from Activities Dangerous to the Environment -- 2.2.1 Annex I – Dangerous substances -- 2.2.2 Annex II – Installations or sites for the incineration, treatment, handling or recycling of waste (See Article 2, paragraph 1, sub-paragraph c) -- III. Oil Pollution -- 3. CLC, CLC 1992, 1992 Oil Pollution Convention, 1992 Civil Liability Convention -- 3.1 General Information -- 3.2 International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage -- 3.2.1 Annex – Certificate of insurance or other financial security in respect of civil liability for oil pollution damage -- 3.3 Resolution (Adopted by the Legal Committee of the International Maritime Organization on 18 October 2000): Adoption of amendments of the limitation amounts in the Protocol of 1992 to amend the international convention on civil liability for oil pollution damage, 1969 -- Annex – Amendments of the limitation amounts in the protocol of 1992 to amend the international convention on civil liablity for oil pollution damage, 1969 -- 4. IOPCF, IOPCF 1992, 1992 Fund Convention -- 4.1 General Information -- 4.2 International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage -- 4.3 Resolution (Adopted by the Legal Committee of the International Maritime Organization on 18 October 2000): Adoption of amendments of the limits of compensation in the Protocol of 1992 to amend the international convention on the establishment of an international fund for compensation for oil pollution damage, 1971 -- 4.3.1 Annex – Amendments of the limits of compensation in the protocol of 1992 to amend the international convention on the establishment of an international fund for compensation for oil pollution damage, 1971 -- 5. Supplementary Fund Protocol -- 5.1 General Information -- 5.2 Protocol of 2003 to the International Fund for Compensation for Oil Pollution Damage, 1992 -- 6. Bunker Oil Convention, Bunker Convention -- 6.1 General Information -- 6.2 International Convention of 23 March 2001 on Civil Liability for Bunker Oil Pollution Damage -- 7. Seabed Mineral Resources Convention -- 7.1 General Information -- 7.2 Convention of 1 May 1977 on Civil Liability for Oil Pollution Damage resulting from Exploration for and Exploitation of Seabed Mineral Resources -- IV. Transport of Dangerous Goods (by Sea / on Land) -- 8. HNS -- 8.1 General Information -- 8.2 International Convention of 3 May 1006 on Liability and Compensation in connection with Carriage of Hazardous and Noxious Substances by Sea -- 8.2.1 Annex I – Certicate of insurance or other financial security in respect of liability for damage caused by hazardous and noxious substances (HNS) -- 8.2.2 Annex II – Regulations for the calculation of annual contributions to the general account -- 9. CRTD -- 9.1 General Information -- Convention of 10 October 1989 on Civil Liability for Damage Caused During Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels -- V. Nuclear Risks -- 10. Paris Convention -- 10.1 General Information -- 10.2 Convention on Third Party Liability in the Field of Nuclear Energy (as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982) -- 10.3 Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 (as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982, and by the Protocol of 12 February 2004) -- 11. Brussels Supplementary Convention -- 11.1 General Information -- Convention of 31 January 1963 Supplementary to the Paris Convention on Third Party Liability in the Field of Nuclear Energy (as amended by the additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982) -- 11.2.1 Annex -- 11.3 Convention of 31 January 1963 Supplementary to the Paris Convention on Third Party Liability in the Field of Nuclear Energy (as amended by the additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982, and by the Protocol of 12 February 2004) -- 11.3.1 Annex -- 12. Vienna Convention -- 12.1 General Information -- 12.2. Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage -- 12.3 Vienna Convention as amended by the Protocol of 12 September 1997 to Amend the Vienna Convention on Civil Liability for Nuclear Damage -- 13. CSC -- 13.1 General Information -- 13.2 Convention of 12 September 1997 on Supplementary Compensation for Nuclear Damage -- 13.2.1 Annex -- 14. Joint Protocol -- 14.1 General Information -- 14.2 Joint Protocol of 21 September 1997 relating to the Application of the Vienna Convention and the Paris Convention -- 15. NUCLEAR -- 15.1 General Information -- 15.2 Convention of 17 December 1971 relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material -- VI. Limitation of Liability -- 16. LLMC -- 16.1 General Information -- 16.2 Convention of 19 November 1976 on Limitation of Liability for Maritime Claims -- 16.3 Protocol of 2 May 1996 to amend the Convention on Limitation of Liability for Maritime Claims -- 17. CLNI -- 17.1 General Information -- 17.2 Strasbourg Convention of 4 November 1988 on Limitation of Liability in Inland Navigation -- VII. Transboundary Movements of Hazardous Wastes -- 18. Basel Liability Protocol -- 18.1 General Information -- 18.2 Protocol of 10 December 1999 on Liability and Compensation for Damage Resulting from Transboundary Movements to the Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal -- VIII. International Watercourses -- 19. Kyiv Liability Protocol -- 19.1 General Information -- 19.2 Protocol of 23 May 2003 on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the Transboundary Effects of Industrial Accidents -- 19.2.1 Annex I – Hazardous substances and their threshold quantities for the purpose of defining hazardous activities -- 19.2.2 Annex II – Limits of liability and minimum limits of financial securities -- 19.2.3 Annex III – Arbitration -- IX. Antarctica -- 20. Antarctica Liability Annex -- 20.1 General Information -- 20.2 Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty – Liability Arising From Environmental Emergencies -- 21. CRAMRA -- 21.1 General Information -- 21.2 Convention on the regulation of Antarctica Mineral Resource Activities -- 21.2.1 Annex – An Arbitral Tribunal -- X. International Law Commission -- 22. Responsibility of States for Internationally Wrongful Acts -- 22.1 General Information -- 22.2 Draft Articles on Responsibility of States for Internationally Wrongful Acts -- 23. Prevention of Transboundary Harm from Hazardous Activities -- 23.1 General Information -- 23.2 Draft Articles on Prevention of Transboundary Harm from Hazardous Activities -- 24.
Allocation of Loss in the Case of Transboundary Harm arising out of Hazardous Activities -- 24.1 General Information -- 24.2 Draft Principles on the Allocation of Loss in the Case of Transboundary Harm arising out of Hazardous Activities -- XI. Space -- 25. Space Liability Convention -- 25.1 General Information -- 25.2 Convention of 29 March 1972 on International Liability for Damage Caused by Space Objects -- XII. Armed Conflict -- 26. UN Compensation Commission -- 26.1 General Information -- 26.2 Extract from the Report and Recommendations made by the Panel of Commissioners concerning the Fifth Instalment of ‘F4’ Claims -- XIII. References -- A. Environmental Liability -- B. Genetically Modified Organisms -- C. Nuclear Liability Conventions -- D. Oil Pollution Conventions -- XIV. Index.
by Hannes Descamps, Robin Slabbinck, Hubert Bocken.
Private International Law, International & Foreign Law, Comparative Law