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The Treatment Of Environmental Damage In Regulation Rome II

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Chapter Summary

Article 7 does not define environmental damage as such, but a definition can be found in Recital 24, stating that environmental damage should be understood as meaning adverse change in a natural resource, such as water, land or air, impairment of a function performed by that resource for the benefit of another natural resource or the public, or impairment of the variability among living organisms. It should be recalled in this context that non-contractual obligations arising out of nuclear damage, which naturally may cause serious harm to the environment, are totally excluded from the scope of the Rome II Regulation by its Article 1(2) (f). Environmental damage is sometimes caused by the operations of a local company belonging to an international concern, which may give rise to questions regarding the liability of the foreign parent company.

Keywords: environmental damage; non-contractual obligations; Rome II Regulation

10.1163/ej.9789004171930.i-480.77
/content/books/10.1163/ej.9789004171930.i-480.77
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