Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-05-27T22:53:45.642Z Has data issue: false hasContentIssue false

6 - International Environmental Liability of the Contractor

Published online by Cambridge University Press:  09 November 2023

Linlin Sun
Affiliation:
Zhongnan University of Economics and Law
Get access

Summary

This chapter explores alternatives to international environmental liability of the contractor. First, it argues that, although the insurability of environmental liability in DSM is controversial at a theoretical level, it is less problematic at a practical level. Second, it argues that environmental compensation funds and liability regimes share the same purpose and they are functionally complementary. Yet, funds are based on the notion of solidarity, which is fundamentally distinct from liability regimes. Particularly, it analyses the possible contributing entity/entities to an environmental compensation fund to be established in the DSM context, thereby filling in the gap left by international environmental liabilities. Insurance and compensation fund both derive from the idea of ‘allocation of loss’ which includes players other than the one liable; the practicability of these alternatives depends on the willingness of others to join the compensation regimes. Third, it argues that the administrative approach places regulator at the centre of environmental liability regime, it has practical advantages in comparison with the court-centred civil liability approach. Two scenarios for the application of this approach are examined.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×