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Environmental Protection and the Common Law

Editor(s): John Lowry, Rod Edmunds
Media of Environmental Protection and the Common Law
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Published: 20-06-2000
Format: PDF eBook (?)
Edition: 1st
Extent: 288
ISBN: 9781847310859
Imprint: Hart Publishing
RRP: £70.20
Online price : £63.18
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About Environmental Protection and the Common Law

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.

Table Of 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

Reviews

“...there is much here that environmental lawyers will find instructive, stimulating and controversial. This book offers much for present lawyers to reflect upon.
Stephen Tromans
” –  Stephen Tromans, Journal of Environmental Law

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