Historical pollution : comparative legal responses to environmental crimes /: comparative legal responses to environmental crimes. (2017)

• Record Type: Book
• Further Information: Note: Francesco Centonze, Stefano Manacorda, editors.
• Other Names: Centonze, Francesco; Manacorda, Stefano
• Contents: Foreword; Acknowledgements; Contents; Editors and Contributors; 1 Preventing and Sanctioning Historical Pollution Beyond Criminal Law: An Introduction; 1 Research Objectives and Methodology; 2 Historical Pollution: A Conceptual Framework; 3 The Empirical Dimension: The Variable Geometry of a Global Phenomenon; 4 Comparing Legal Responses: Remedying Environmental Damage and Compensating Victims; 5 Punishing Historical Pollution: What Role for Criminal Law?; 6 Legacy Pollution: Lessons from the Past and a Challenge for the Future; References. 2 The Contribution of Green Criminology to the Analysis of Historical Pollution1 Towards a Hidden Geography: A Criminological Proposal; 2 Love Canal: A Prototypical Case of Historical Pollution?; 3 Clues About the Phenomenology of Historical Pollution in Italy: Caffaro Industry in Brescia as a Case in Point; 4 The Case of Huelva, Spain: A Situation of Organized Irresponsibility?; 5 Some Relevant Questions Useful for Approaching Historical Pollution; 6 An Opening to the Ambiguity of the Observed Phenomena; 7 What Are the "Discovered" Sensitive Points of a Hidden Geography? 8 The Interdisciplinary Relevance of the Process of Definition9 Assessing the Perceived Seriousness of Environmental Crime: New Paths in Criminological Research; References; 3 Historical Pollution: In Search of a Legal Definition; 1 Necessity for a New Definition; 2 Introducing the Concept of "Historical Pollution" ; 2.1 Pollution and Contamination: Synonymous or not?; 2.2 Epochs and Contexts of "Historical Pollution" ; 2.3 "Historical Pollution" as an Evolutionary Pattern: Static and Dynamic Frameworks in Comparison; 3 The Legal Concerns of Historical Pollution: Coping with Uncertainty. 3.1 Obstacles to Legal Enforcement3.2 Proof of Causation; 3.3 The Mental State Requirements; 4 Historical Pollution and Victimology; 5 Concluding Remarks; References; 4 Historical Pollution and the Prominence of Criminal Law Enforcement in Italy; 1 The Phenomenon of Historical Pollution in Italy; 2 The "Invisibility" in the Seveso Case: What Can We Learn About Historical Pollution?; 3 Understanding the Phenomenon of Historical Pollution: Social, Economic, and Historic Background; 4 The Concept of Historical Pollution: An Overview of the Legal Framework. 5 The Criminal Enforcement of Historical Pollution6 Several Critical Points; 6.1 Causation; 6.2 Mens Rea: Negligence, the Precautionary Principle, and Oblique Intent; 6.3 The Widening of the Range of "Responsible Parties"; 6.4 Statute of Limitation; 7 A Brand New Regulation: Will It Be Enough?; References; 5 Historical Pollution Under Scrutiny in the Italian Criminal Case Law; 1 Analysis of the Case Law; 1.1 The Porto Marghera Petrochemical Plant Case as a Point of Reference (Cassazione penale, sez. IV, 17 May 2006, n. 4675).
• Publisher Details: Cham, Switzerland : Springer International Publishing
• Publication Date: 2017
• Extent: 1 online resource (471 pages)
• Subjects: 344.04/6; Environmental law; LAW -- Administrative Law & Regulatory Practice; Environmental law; Electronic books
• Languages: English
• ISBNs: 9783319569376; 3319569376
• Related ISBNs: 9783319569369; 3319569368
• Notes: Note: Print version record.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.