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Environmental Protection and the Common Law - BLOOMSBURY ACADEMIC

Environmental Protection and the Common Law

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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.

Industry Reviews

...there is much here that environmental lawyers will find instructive, stimulating and controversial.this book offers much for present lawyers to reflect upon. Stephen Tromans Journal of Environmental Law June 2002

Table of Casesp. ix
Table of Legislationp. xix
Victorian Foundations?p. 1
Nuisance, the Morality of Neighbourliness, and Environmental Protectionp. 27
Noxious Emissions and Common Law Liability: Tort in the Shadow of Regulationp. 51
From the Individual to the Environmental: Tort Law in Turbulencep. 77
Tort and Environmental Pluralismp. 93
Statutory Liability for Contaminated Land: Failure of the Common Law?p. 115
Nuisance and Environmental Protectionp. 139
Marking the Boundary: The Relationship Between Private Nuisance, Negligence and Faultp. 161
Stigma Damages, Amenity and the Margins of Economic Loss: Quantifying Perceptions and Fearsp. 179
Towards A European Tort Law on the Environment? European Union Initiatives and Developments on Civil Liability in Respect of Environmental Harmp. 201
Environmental Protection and the Role of the Common Law: A Scottish Perspectivep. 239
Indexp. 267
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781901362930
ISBN-10: 1901362930
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 288
Published: 20th June 2000
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 2.54
Weight (kg): 0.61
Edition Number: 1