Applying National Liability Law to Transboundary Pollution: Some Lessons from Europe and the United States

CHINA AND INTERNATIONAL ENVIRONMENTAL LIABILITY; LEGAL REMEDIES FOR TRANSBOUNDARY POLLUTION, Chapter 6, pp. 121-199, M. Faure, Y. Song, eds., Cheltenham, Edward Elgar, 2008

66 Pages Posted: 12 Nov 2009 Last revised: 23 Oct 2013

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Gerrit Betlem

University of Soputhampton - School of Law

Date Written: November 2, 2009

Abstract

This chapter analyses the possibilities to apply national liability to transboundary pollution. First, it is sketched to what extent international norms or treaties play a role in a specific transboundary liability case. Also, the important question is addressed before which forum a transboundary liability case can be brought and which law will be applied. Then, the question is addressed what actors can bring a liability suit and, more particularly, whether this is restricted to victims suffering actual harm or whether NGOs also should have standing. The question is also addressed what the applicable liability rules are for transboundary environmental harm as well as the applicable remedies. Attention is paid to ongoing litigation in the United States and Europe about the use of citizen suits in a transboundary context. The question is also addressed what the effect may be of following regulation or, more particularly, standards prescribed in a permit when this permit has been granted by a foreign authority. Finally, the question is examined how a victim could eventually execute a judgment that he has obtained in the victim state in a polluter state.

Keywords: transboundary harm, environmental liability, Brussels Convention, international private law, Rome II, standing, strict liability, wrongfulness

JEL Classification: K13, K32, K33

Suggested Citation

Faure, Michael G. and Betlem, Gerrit, Applying National Liability Law to Transboundary Pollution: Some Lessons from Europe and the United States (November 2, 2009). CHINA AND INTERNATIONAL ENVIRONMENTAL LIABILITY; LEGAL REMEDIES FOR TRANSBOUNDARY POLLUTION, Chapter 6, pp. 121-199, M. Faure, Y. Song, eds., Cheltenham, Edward Elgar, 2008 . Available at SSRN: https://ssrn.com/abstract=1498468 or http://dx.doi.org/10.2139/ssrn.1498468

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Gerrit Betlem

University of Soputhampton - School of Law ( email )

Southampton SO17 1BJ
United Kingdom

HOME PAGE: http://www.soton.ac.uk/law/

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