Facilitating (transnational) civil liability litigation for environmental damage by means of treaties: progress, problems, and prospects

Examines the progress made towards concluding international agreements that facilitate claims before national courts for compensation for environmental harm. Discusses the problems in bringing a claim regarding transnational pollution in the absence of a treaty. Reviews existing treaties that deal with harm caused by a particular activity such as nuclear damage, pollution from ships, offshore activities, carriage of dangerous or hazardous goods, and the Lugano Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 1993 that covers environmentally harmful activities generally. Looks at the status of these treaties and compares their compensation schemes and models of liability. Legislation Cited: Convention on Third Party Liability in the Field of Nuclear Energy 1960 Convention on the Liability of Operators of Nuclear Ships 1962 International Convention on Civil Liability for Oil Pollution Damage Resulting from the Exploration for, or Exploitation of, Submarine Mineral Resources 1976 Vienna Convention on Civil Liability for Nuclear Damage 1963 International Convention on Civil Liability for Oil Pollution Damage 1969 International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 Geneva Convention on Civil Liability for Damage caused during Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels 1989 Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal 1999 Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 1993 (Council of Europe) © 2011 Sweet & Maxwell