Liability for Environmental Damage in the Antarctic
This paper considers how a liability regime should be drafted to encourage operators and sates to comply with the regime. In summary this paper makes the following recommendations: (a) (b) (c) (d) Scope of application: First, a liability regime should include all activities covered by the 1991 Proto...
Main Author: | |
---|---|
Format: | Other/Unknown Material |
Language: | English |
Published: |
2002
|
Subjects: | |
Online Access: | http://hdl.handle.net/10092/14256 |
id |
ftunivcanter:oai:ir.canterbury.ac.nz:10092/14256 |
---|---|
record_format |
openpolar |
spelling |
ftunivcanter:oai:ir.canterbury.ac.nz:10092/14256 2023-05-15T13:49:25+02:00 Liability for Environmental Damage in the Antarctic Rusbatch, Katie 2002 application/pdf http://hdl.handle.net/10092/14256 English en eng http://hdl.handle.net/10092/14256 All Rights Reserved Theses / Dissertations 2002 ftunivcanter 2022-09-08T13:35:08Z This paper considers how a liability regime should be drafted to encourage operators and sates to comply with the regime. In summary this paper makes the following recommendations: (a) (b) (c) (d) Scope of application: First, a liability regime should include all activities covered by the 1991 Protocol on Environmental Protection to the Antarctic Treaty (PEP), including science and logistic activities. Although a regime will not cover activities such as fishing or whaling, environmental damage caused by fishing vessels should be covered. Second, a comprehensive approach should be taken towards a liability regime. A liability regime should cover all types of environmental damage covered by the PEP, not just environmental emergencies. Definition of damage: An environmental in-Ipact must be 'significant' and 'harmful' to constitute damage. Environmental impacts from activities subject to Environmental Impact Assessments (EIA) procedures should not be excluded from the definition of damage. But a provision should be included that damage does not include impacts that could not have been reasonably predicted. Standard of liability: Strict liability is the appropriate standard for a liability regime for environmental damage in the Antarctic. This standard should not be altered for irreparable damage, states or state entities, and science and logistic activities. Joint and several liability: Joint liability, but not several liability, should be included in a liability regime. This paper considers how a liability regime should be drafted to encourage operators and sates to comply with the regime. In summary this paper makes the following recommendations: (a) (b) (c) (d) Scope of application: First, a liability regime should include all activities covered by the 1991 Protocol on Environmental Protection to the Antarctic Treaty (PEP), including science and logistic activities. Although a regime will not cover activities such as fishing or whaling, environmental damage caused by fishing vessels should be covered. Second, a ... Other/Unknown Material Antarc* Antarctic University of Canterbury, Christchurch: UC Research Repository Antarctic Eia ENVELOPE(7.755,7.755,63.024,63.024) The Antarctic |
institution |
Open Polar |
collection |
University of Canterbury, Christchurch: UC Research Repository |
op_collection_id |
ftunivcanter |
language |
English |
description |
This paper considers how a liability regime should be drafted to encourage operators and sates to comply with the regime. In summary this paper makes the following recommendations: (a) (b) (c) (d) Scope of application: First, a liability regime should include all activities covered by the 1991 Protocol on Environmental Protection to the Antarctic Treaty (PEP), including science and logistic activities. Although a regime will not cover activities such as fishing or whaling, environmental damage caused by fishing vessels should be covered. Second, a comprehensive approach should be taken towards a liability regime. A liability regime should cover all types of environmental damage covered by the PEP, not just environmental emergencies. Definition of damage: An environmental in-Ipact must be 'significant' and 'harmful' to constitute damage. Environmental impacts from activities subject to Environmental Impact Assessments (EIA) procedures should not be excluded from the definition of damage. But a provision should be included that damage does not include impacts that could not have been reasonably predicted. Standard of liability: Strict liability is the appropriate standard for a liability regime for environmental damage in the Antarctic. This standard should not be altered for irreparable damage, states or state entities, and science and logistic activities. Joint and several liability: Joint liability, but not several liability, should be included in a liability regime. This paper considers how a liability regime should be drafted to encourage operators and sates to comply with the regime. In summary this paper makes the following recommendations: (a) (b) (c) (d) Scope of application: First, a liability regime should include all activities covered by the 1991 Protocol on Environmental Protection to the Antarctic Treaty (PEP), including science and logistic activities. Although a regime will not cover activities such as fishing or whaling, environmental damage caused by fishing vessels should be covered. Second, a ... |
format |
Other/Unknown Material |
author |
Rusbatch, Katie |
spellingShingle |
Rusbatch, Katie Liability for Environmental Damage in the Antarctic |
author_facet |
Rusbatch, Katie |
author_sort |
Rusbatch, Katie |
title |
Liability for Environmental Damage in the Antarctic |
title_short |
Liability for Environmental Damage in the Antarctic |
title_full |
Liability for Environmental Damage in the Antarctic |
title_fullStr |
Liability for Environmental Damage in the Antarctic |
title_full_unstemmed |
Liability for Environmental Damage in the Antarctic |
title_sort |
liability for environmental damage in the antarctic |
publishDate |
2002 |
url |
http://hdl.handle.net/10092/14256 |
long_lat |
ENVELOPE(7.755,7.755,63.024,63.024) |
geographic |
Antarctic Eia The Antarctic |
geographic_facet |
Antarctic Eia The Antarctic |
genre |
Antarc* Antarctic |
genre_facet |
Antarc* Antarctic |
op_relation |
http://hdl.handle.net/10092/14256 |
op_rights |
All Rights Reserved |
_version_ |
1766251341795033088 |