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International Litigation Trends in Environmental Liability: A European Union-United States Comparative Perspective"

Otero García-Castrillón, Carmen (2011) International Litigation Trends in Environmental Liability: A European Union-United States Comparative Perspective". Journal of Private International Law, 7 (3). pp. 551-581. ISSN 1744-1048

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Abstract

In times where environmental concerns take a predominant role and corporate social responsibility is at the forefront of various legal debates, the fact that the laws and/or the judicial proceedings -to establish it and to order remedies- in the country of damage could be inadequate or even non-existent, makes it appropriate to reflect on the opportunities provided by the international litigation system of the European Union (EU) as compared to the system of the United States (US). Responding to the recent case law, this paper reflects on the international environmental litigation trends from a private international law perspective, analysing the jurisdiction and conflict of laws issues that, within this field, interact with a number of international civil liability conventions. In this regard, the complex determination of the applicable law and the liability limitations in the EU do not prevent the conclusion that, due to recent jurisdiction and applicable law trends in the US, international environmental litigation may be turning to the eastern side of the Atlantic.

Item Type:Article
Uncontrolled Keywords:Environmental torts, Jurisdiction, Applicable law, United States of America, European Union
Subjects:Social sciences > Law > European Union
ID Code:14078
Deposited On:28 Dec 2011 12:10
Last Modified:06 Feb 2014 09:58

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