Environmental protection and the common law / edited by John Lowry and Rod Edmunds.

Format:

Book

Contributor:

Edmunds, Rod, editor.

Lowry, John P., editor.

Language:

English

Subjects (All):

Common law.

Environmental law--Great Britain.

Environmental law.

Liability for environmental damages.

Physical Description:

1 online resource (300 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2000.

Language Note:

English

Summary:

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

Contents:

1. VICTORIAN FOUNDATIONS?

Professor Raymond Cocks, Keele University

2. NUISANCE, THE MORALITY OF NEIGHBOURLINESS, AND ENVIRONMENTAL PROTECTION

James Penner, London School of Economics and Political Science

3. CONTROLLING ATMOSPHERIC POLLUTION: A TEST CASE FOR TORT

John Murphy, University of Manchester

4. FROM THE INDIVIDUAL TO THE ENVIRONMENTAL: TORT LAW IN TURBULENCE

Professor Robert G Lee, Cardiff Law School

5. TORT AND ENVIRONMENTAL PLURALISM

Professor Keith Stanton and Christine Willmore, University of Bristol

6. STATUTORY LIABILITY FOR CONTAMINATED LAND: FAILURE OF THE COMMON LAW?

Owen McIntyre, The Law Society of Ireland, Dublin (formerly of the University of Manchester)

7. NUISANCE AND ENVIRONMENTAL PROTECTION

Karen Morrow, University of Durham

8. MARKING THE BOUNDARY: THE RELATIONSHIP BETWEEN PRIVATE NUISANCE, NEGLIGENCE AND FAULT

Paula Giliker, Queen Mary and Westfield College, London

9. STIGMA DAMAGES, AMENITY AND THE MARGINS OF ECONOMIC LOSS: QUANTIFYING PERCEPTIONS AND FEARS

John Lowry, University of Warwick and Rod Edmunds, University of Sussex

10. TOWARDS A EUROPEAN TORT LAW ON THE ENVIRONMENT? EUROPEAN UNION INITIATIVES AND DEVELOPMENTS ON CIVIL LIABILITY IN RESPECT OF ENVIRONMENTAL HARM

Martin Hedemann-Robinson, Brunel University and Mark Wilde, University of Hertfordshire

11. ENVIRONMENTAL PROTECTION AND THE ROLE OF THE COMMON LAW: A SCOTTISH PERSPECTIVE

Professor Jeremy Rowan-Robinson and Donna McKenzie-Skene, University of Aberdeen

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786610808267

9781472562104

1472562100

9781280808265

1280808268

9781847310859

1847310850

OCLC:

476004907