Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Treatment Of Environmental Damage In Regulation Rome II

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Rome II Regulation on the Law Applicable to Non-Contractual Obligations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation