Responsibility and liability in the context of transboundary movements of hazardous wastes by sea : existing rules and the 1999 Liability Protocol to the Basel Convention /: existing rules and the 1999 Liability Protocol to the Basel Convention. ([2014])

• Record Type: Book
• Further Information: Note: Jan Albers.
• Authors: Albers, Jan
• Contents: Preface; Contents; Abbreviations; 1 Introduction; A. The Factual Perspective: Transboundary Movements of Hazardous Wastes by Sea; B. The Legal Perspective: Existing Rules and the 1999 Liability Protocol to the Basel Convention; C. The Structure of This Book; 2 The International Trade in Hazardous Wastes and Its Economic Background; A. Hazardous Wastes: Properties and Economic Importance; I. Sources and Composition of Hazardous Wastes; II. Volumes of Generated Hazardous Wastes; III. Forms of Waste Treatment and Disposal; IV. The Commercial Value of Hazardous Wastes; V. Summary. B. The Transboundary Movement of WastesI. Reasons for the Emergence of Hazardous Waste Movements; II. Quantities and Typical Patterns of Hazardous Wastes Movements; III. The Involvement of Waste Brokers and Waste Dealers; IV. Illegal Traffic and Shipments Off the Official Path; V. Summary; C. The Interests Involved; I. Private Parties; II. State Interests; III. Hazardous Waste Trade as ''Environmental Racism''?; IV. Summary; D. The Risk Potential of Hazardous Waste Movements; 3 The Present Legal Framework; A. The Legal Concept of International Responsibility. I. The Principle of State Responsibility for Internationally Wrongful ActsII. Is There a Need for Autonomous Rules on State Liability for Lawful but Injurious Activities?; 1. ''False Cases of Liability Sine Delicto''; (a) The General Approach; (aa) Obligations of Conduct and Obligations of Result; (bb) Distinction Between Legal Acts and Factual Activities; (cc) Implications for the Application of State Responsibility; (b) Further Enhancements of this Approach; (aa) Equation of Activities and Its Consequences; (bb) A Comprehensive Obligation to Prevent Damage; (c) Summary. 2. ''True Cases of Liability Sine Delicto''(a) Explicit Rules of State Liability; (b) Recognition as a General Principle of International Law?; (c) Implications of the Non-existence of a General Principle of State Liability; 3. The Relationship Between Both Concepts; III. The Importance of Civil Liability Conventions; B. The Contribution of the International Law Commission; I. State Responsibility; II. State Liability; C. State Responsibility in the Context of Transboundary Movements of Hazardous Wastes by Sea; I. Explicit Provisions of State Responsibility in International Treaty Law. 1. The Basel Convention(a) Article 12; (b) Article 8; (c) Article 9; (d) Summary; 2. Other Conventions Relevant to the Trade in and Transport of Hazardous Wastes; 3. The Law of the Sea Convention (UNCLOS); 4. Other Conventions Relevant to the Protection of the Marine Environment; 5. Summary; II. The Customary Principle of State Responsibility; 1. Act of the State; (a) State Organs and Persons Empowered by the State; (b) Persons in Fact Acting for the State; (c) Conduct Ultra Vires; (d) Interstate Attribution; (e) Persons Solely Acting in Private Capacity; (f) Summary.
• Edition: [Aufl. 2015.]
• Publisher Details: Heidelberg : Springer
• Publication Date: 2014
• Copyright Date: 2015
• Extent: 1 online resource (xxv, 370 pages)
• Subjects: 343.096; Hazardous wastes -- Transportation -- Law and legislation; Maritime law; Toxic torts; LAW -- Military; Hazardous wastes -- Transportation -- Law and legislation; Maritime law; Toxic torts; Electronic books
• Languages: German
• ISBNs: 9783662433492; 3662433494
• Related ISBNs: 9783662433485; 97836624334850248
• Notes: Note: Includes bibliographical references.; Note: Online resource; title from PDF title page (SpringerLink, viewed October 13, 2014).
• 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.