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Liability for Environmental Harm to the Global Commons

Published online by Cambridge University Press:  24 August 2023

Neil Craik
Affiliation:
University of Waterloo, Ontario
Tara Davenport
Affiliation:
National University of Singapore
Ruth Mackenzie
Affiliation:
University of Westminster
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-ND 4.0 https://creativecommons.org/cclicenses/

Liability for Environmental Harm to the Global Commons

This book examines liability for environmental harm in Antarctic, deep seabed and high seas commons areas to highlight a unique set of legal questions: Who has standing to claim for environmental harm in global commons ecosystems? How should questions of causation and allocation of liability be addressed where harm arises from a wide range of activities engaging diverse state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation and access to dispute settlement forums be resolved? Liability for Environmental Harm to the Global Commons provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations and commercial actors, as well as legal and governance scholars. This title is also available as Open Access on Cambridge Core.

Neil Craik is Professor of Law at the Balsillie School of International Affairs, University of Waterloo, Canada. He has published widely in the fields of international and Canadian environmental law and the law of the sea, and is co-editor of Global Environmental Change and Innovation in International Law (Cambridge University Press, 2018).

Tara Davenport is an assistant professor at National University of Singapore (NUS), where she teaches principles of property law, law of the sea and international regulation of shipping. Her research interests are in law of the sea, the global commons and maritime disputes. She is also co-head of the oceans law and policy team at the Centre for International Law and Deputy Director of the Asia-Pacific Centre for Environmental Law at NUS.

Ruth Mackenzie is Reader in International Law at the University of Westminster, where she teaches and researches in the fields of international environmental law, law of the sea and international courts and tribunals. Ruth is a member of the IUCN World Commission on Environmental Law.

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