Environmental Protection and the Common Law

Hardback

Main Details

Title Environmental Protection and the Common Law
Authors and Contributors      Edited by John Lowry
Edited by Rod Edmunds
Physical Properties
Format:Hardback
Pages:288
Dimensions(mm): Height 234,Width 156
Category/GenreConservation of the environment
ISBN/Barcode 9781901362930
ClassificationsDewey:344.046
Audience
Undergraduate
Postgraduate, Research & Scholarly
Professional & Vocational

Publishing Details

Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Publication Date 20 June 2000
Publication Country United Kingdom

Description

Within the broad framework of the common law of tort, the torts of nuisance and the rule in "Rylands v. Fletcher" are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference, and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall, there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the interrelationship between the private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include academics in the relevant fields of public and private law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

Author Biography

John Lowry LLB,LLM, FRSA, is Professor of Law at University College London.

Reviews

...there is much here that environmental lawyers will find instructive, stimulating and controversial. This book offers much for present lawyers to reflect upon. Stephen Tromans -- Stephen Tromans * Journal of Environmental Law *