published_or_final_version / Public Administration / Master / Master of Public Administration

A theme which currently dominates environmental regulation in Canada is for a strengthening of the "polluter pays" approach to environmental regulation. This trend sees those who impair the environment held increasingly financially responsible for their actions through such mechanisms as a new generation of statutory liabilities which include liability for environmental response and cleanup charges, the requirement of security in the event of environmental contamination, and the creation of statutory civil causes of action designed to assist claimants in recovering for losses resulting from environmental contamination. These mechanisms are supplemented by an increasing willingness by the courts to give serious consideration to innovative new approaches by private claimants to hold polluters civilly accountable for toxic tort related claims. As a result, those in Canada with potential exposure to this new generation of environmental liabilities will inevitably turn to the insurance industry for coverage. Ironically, it is these same new liabilities which will make it increasingly difficult for insurers to provide the desired coverage. Further, in the event that such coverage is provided, insurers will be required to be especially diligent in evaluating and delineating those environmental risks which they are prepared to cover. Many industrial and commercial enterprises will require environmental impairment insurance in order to carry out operations subject to environmental risk. Insurers providing environmental insurance in this context will effectively find themselves cast into the somewhat unlikely role of environmental regulators within Canadian society. For more than fifty years the insurance industry in Canada has provided a wide range of insurance products for liability resulting from impairment of the natural environment. In developing and marketing environmental impairment insurance products the insurance industry has primarily relied upon the risk-based analysis which it has historically utilized to provide coverage for more traditional insurance products such as fire, automobile, and marine insurance. However, it is submitted that the attempts by the industry to provide environmental impairment insurance has been fraught with problems, and the success of the products which have been provided has been limited. This in turn raises serious questions as to the ability of the insurance industry to assume responsibility for the regulation of environmental impairment in the future. It is the primary hypothesis of this thesis that the insurance industry has experienced significant difficulties in providing environmental impairment liability insurance in Canada, and that these difficulties are due in large part to the inability of the industry to accurately predict the incidence of loss associated with environmental impairment in Canada. Further, the difficulties with prediction experienced by the insurance industry are primarily the result of its failure to take into account perceptions of environmental risk by the Canadian public and by environmental decision-makers. Finally, this inability to accurately predict has been accompanied by the failure of the insurance industry to recognize the problem, resulting in overconfidence by the industry with respect to its environmental impairment liability products.

In 1992, the Americans completed its withdrawal from the Philippines, ending almost a century of U.S. military presence. However, it was soon discovered that the U.S. left behind several contaminated sites at its former military bases in the Philippines due to inadequate hazardous waste management. It appears that the U.S. Department of Defense failed to implement clear and consistent environmental policies at Clark and Subic. The U.S. maintains that it is under no obligation to undertake further cleanup at its former installations inasmuch as the Philippines has waived its right to do so under the basing agreement. It will be argued that the Philippines made no such waiver under the Manglapus-Schultz Agreement. Thus, the U.S. remains responsible under international law for the resulting environmental damage at its former bases. States have the responsibility under customary international law to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states. A state will be responsible if it breaches this international obligation. It will be argued that the U.S. breached its obligation under international law when activities within its effective control caused significant environmental damage to areas forming part of Philippine territory. Such a breach may also result in the violation of the emerging right to a healthy environment. Existing human rights, such as the right to life and health, right to food and water, right to a safe and healthy working environment and right to information, will be applied from an environmental perspective to determine whether the Filipinos' right to a healthy environment was violated. While a legal claim can be made for the remediation of the environment and compensation of the victims, it will be argued that existing mechanisms for the settlement and adjudication of international claims are inadequate. States are generally reluctant to submit to the jurisdiction of international tribunals and most of these fora do not allow non-state entities to appear before them. Thus, it would be argued that the most promising approach may well be through political and diplomatic means.

Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1990. / "April 1990." Typescript. Includes bibliographical references (leaves 68-116). Also issued in microfiche.

Thesis (M.E.S.)--Evergreen State College, 1991. / Title from title screen (viewed 3/23/2010). Includes bibliographical references (leaves 56-59).

Thesis (LL. M.)--Judge Advocate General's School, 1994. / Title from PDF t.p. (LLMC Digital, viewed on May 13, 2010). "April 94". Includes bibliographical references (p. 76-112).

Thesis (doctoral)--Albert-Ludwigs-Universität Freiburg im Breisgau, 2005. / Includes bibliographical references (p. 271-288).

Thesis (doctoral)--Universität, Göttingen, 2004. / English summary: International liability for damage caused by genetically modified organisms. Copyright by Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V., to be exercised by Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg. Description based on print version record. Includes bibliographical references (p. [393]-410) and index.

Orientador: Hildebrando Herrmann / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Geociências / Made available in DSpace on 2018-08-21T13:53:59Z (GMT). No. of bitstreams: 1 Poveda_ElianePereiraRodrigues_D.pdf: 2743565 bytes, checksum: dbdc1c0ec7e7c6e861d57a15686ac0bf (MD5) Previous issue date: 2012 / Resumo: A mineração é uma atividade que tem como característica intrínseca a modificação da paisagem, implicando potenciais conflitos com outras formas de ocupação territorial. Assim, aspecto importante a ser considerado na mineração é a implementação de instrumentos econômicos (caução, garantias financeiros e seguros ambientais) como mecanismos de viabilização para o cumprimento das obrigações legais e sociais desse setor. É princípio constitucional de o minerador recuperar e/ou reabilitar a área degradada e impactada pela atividade econômica de extração mineral, visando cumprir com a função socioambiental da propriedade com vocação mineral devolvendo-a para usos futuros. Acredita-se que o instrumento econômico "Seguro Garantia" das obrigações ambientais do empreendedor-minerador (recuperação de áreas degradadas e desativação e/ou fechamento de mina) possa contribuir como ferramenta de prevenção e gestão de passivos ambientais para o setor. Para tanto, a pesquisa se pauta no estudo de seguros ambientais buscando sua viabilidade e inovação no seguro garantia na modalidade ambiental respeitada a livre iniciativa de mercado e legislação de seguros vigente no ordenamento jurídico pátrio. O seguro de garantia das obrigações de fazer do titular do direito minerário ou dos compromissos administrativos ou judiciais assumidos pelo empreendedor-minerador no licenciamento ambiental da atividade representaria mais um serviço a ser oferecido pela indústria de seguros às empresas de mineração, com vistas ao cumprimento socioeconômico e ambiental de suas obrigações legais e sociais. O emprego interdisciplinar do instrumento nas políticas públicas desde a fase de concessão pública do título mineral até o licenciamento ambiental da atividade de mineração constitui inovadora ferramenta de gestão ambiental pública. Isto porque tem a premissa de garantir o fiel cumprimento das obrigações de fazer intrínsecas da atividade de significativo impacto socioambiental. Se devidamente implementado nas políticas públicas poderá constituir indicador de sustentabilidade para o setor, em razão de estabelecer medidas mitigadoras de dano ambiental em assegurar a reabilitação das áreas degradadas pela atividade em todo o ciclo de vida do empreendimento conferindo maior credibilidade e transparência perante os órgãos gestores / Abstract: Related to the Mining activity, one of its intrinsic characteristics is the landscape transformation, which implies into potential conflicts with other types of territorial occupation. In this regard, during the existence of a Mining project is necessary to consider the implementation of economic instruments such as guaranty, financial guarantees and environmental insurance as mechanisms in order to safeguard the compliance with all legal and social obligations related to the Mining sector. According to the Brazilian Constitutional Carta, the Mining entrepreneur has the duty to recover and to remediate every degraded area impacted by the Mining activity. The main objective of this constitutional rule is to preserve the socio-environmental function of property, which makes possible other future uses to a recovered and/or remediated area. The research purposes to demonstrate the relevance of the "Surety Bond" for the Mining Sector, because it is an efficient economic instrument to be used by the mining entrepreneur when he is demanded to comply with environmental law obligations during the processes of degraded areas recovery and closed mine sites. Particularly, the "Surety Bond" may contribute to the Mining sector as a tool to both steps of prevention and management of environmental damages. The methodology involves the analysis of "Environmental Insurance" types in order to identify, under the Brazilian Insurance Legislation, the aspects of viability and innovation (with respect to the free initiative of market) for the "Surety Bond" in the environmental modality. During the Mining sites' environmental licensing processes, Environmental Public Agencies requires: i) the obligation to recovery and minimize the environmental damages; or ii) other obligations included in judicial or administrative commitments signed between the parties themselves. Considering that and also the Brazilian insurance laws and related policies, the preliminary research results indicate that "Surety Bond" may be offered by the insurance industry to the Mining enterprises in order to comply with socio-economic and environmental legislation. Finally, taking in account the Surety Bond's interdisciplinary characteristics, it's registered its importance for public policies as sustainability indicator for cities planning and as a mitigator of environmental damage during all mine life cycle / Doutorado / Geologia e Recursos Naturais / Doutora em Ciências

A theme which currently dominates environmental regulation in Canada is for a strengthening of the "polluter pays" approach to environmental regulation. This trend sees those who impair the environment held increasingly financially responsible for their actions through such mechanisms as a new generation of statutory liabilities which include liability for environmental response and cleanup charges, the requirement of security in the event of environmental contamination, and the creation of statutory civil causes of action designed to assist claimants in recovering for losses resulting from environmental contamination. These mechanisms are supplemented by an increasing willingness by the courts to give serious consideration to innovative new approaches by private claimants to hold polluters civilly accountable for toxic tort related claims. As a result, those in Canada with potential exposure to this new generation of environmental liabilities will inevitably turn to the insurance industry for coverage. Ironically, it is these same new liabilities which will make it increasingly difficult for insurers to provide the desired coverage. Further, in the event that such coverage is provided, insurers will be required to be especially diligent in evaluating and delineating those environmental risks which they are prepared to cover. Many industrial and commercial enterprises will require environmental impairment insurance in order to carry out operations subject to environmental risk. Insurers providing environmental insurance in this context will effectively find themselves cast into the somewhat unlikely role of environmental regulators within Canadian society. For more than fifty years the insurance industry in Canada has provided a wide range of insurance products for liability resulting from impairment of the natural environment. In developing and marketing environmental impairment insurance products the insurance industry has primarily relied upon the risk-based analysis which it has historically utilized to provide coverage for more traditional insurance products such as fire, automobile, and marine insurance. However, it is submitted that the attempts by the industry to provide environmental impairment insurance has been fraught with problems, and the success of the products which have been provided has been limited. This in turn raises serious questions as to the ability of the insurance industry to assume responsibility for the regulation of environmental impairment in the future. It is the primary hypothesis of this thesis that the insurance industry has experienced significant difficulties in providing environmental impairment liability insurance in Canada, and that these difficulties are due in large part to the inability of the industry to accurately predict the incidence of loss associated with environmental impairment in Canada. Further, the difficulties with prediction experienced by the insurance industry are primarily the result of its failure to take into account perceptions of environmental risk by the Canadian public and by environmental decision-makers. Finally, this inability to accurately predict has been accompanied by the failure of the insurance industry to recognize the problem, resulting in overconfidence by the industry with respect to its environmental impairment liability products. / Law, Peter A. Allard School of / Graduate