Recent developments in French environmental law: Recognition and implementation of ecological damage in French tort law (Record no. 11324)

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100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Foulon, Julie
245 ## - TITLE STATEMENT
Title Recent developments in French environmental law: Recognition and implementation of ecological damage in French tort law
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc Sage,
Date of publication, distribution, etc 2019.
300 ## - PHYSICAL DESCRIPTION
Pages Vol 21, Issue 4, 2019(309-317 p.)
520 ## - SUMMARY, ETC.
Summary, etc As a consequence of increased pressure on environment in Europe and beyond, the extent and variety of forms of environmental damage has broadened widely over the last decades. One key way to tackle this problem is, evidently, to ensure that damage that arise is properly repaired. Whilst provisions to secure environmental liability have been implemented in the EU context through the Environmental Liability Directive, the effectiveness of this Directive is still limited. In France, in order to surpass current impasses, the 2016 Biodiversity Law was recently enacted (adopted on August 8th, 2016), which creates a specific regime in French civil law for remedying ecological damage (defined as damage caused to nature itself). Three years after the introduction of France’s new approach to ecological damage, the present article reflects on the legal innovations and challenges of the reform, and explains how the new regime proceeds to remedy ecological damage. A key challenge here, as will be discussed, is that nature as such has not been recognised as having legal personality under the French legal system, which has traditionally been a key hurdle for securing compensation for environmental loss in the first place under tort law.
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Subject Environmental liability,
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Subject ecological damage,
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Subject French environmental law,
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Subject Nature protection
773 0# - HOST ITEM ENTRY
Host Biblionumber 11304
Host Itemnumber 15506
Place, publisher, and date of publication Sage, 2019.
Title Environmental law review
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier https://doi.org/10.1177/1461452919883441
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Koha item type Articles
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