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Cross-border environmental damage litigation

Resumen:

Environmental protection is essential to sustainable development. However, private enforcement is not a priority in most legal systems; while it is nowadays possible to seek redress for environmental damage, standing to bring collective actions before courts is not usually granted to NGOs and private persons; although it should be in an attempt to enhan- ce the oversight system over potential and actual polluters. This paper discusses the legal basis upon which the said standing could be established, both at domestic and international levels, as well as the role that cross-border collective redress could play in environmental matters. Accordingly, the paper moves to examine to which heads of international jurisdic- tion could be resorted when it comes to claiming for collective redress, and which would then be the applicable law.

Sumario:

1. Introduction.– 2. Access to justice in environmental matters. 2.1. Origins: Principle 10 of the 1992 Río de Janeiro Declaration on Environment and Development. 2.2. Environ- mental damage in context. 2.3. Standing to claim for environmental damage.– 3. Environ- mental damage and EU private international law. 3.1. Scope of application. 3.2. Interna- tional jurisdiction issues. 3.2.1. Defendant’s domicile, related actions and party autonomy. 3.2.2. Forum delicti commissi. 3.3. Conflict-of-laws issues.– 4. Final Remarks.

Palabra Claves:

civil liability; collective redress; conflict of laws; environmental damage; international jurisdiction; legal standing;

Laura Carballo Piñeiro

World Maritime University

Revista Itálo-española de Derecho procesal

Número: 1-2018

Madrid, 2018

Idioma: Inglés