Onema

Home - Resources - Thematic issues Ecological damage and ecological torts

Ecological damage and ecological torts - 2017

How does society deal with and remediate damage to water and aquatic environments?

 

This book is intended for public and private stakeholders involved in applying or affected by environmental regulations in general and water regulations in particular. It describes the current scientific, legal and operational situation as well as the progress already made and that required to fully take into account ecological damages, on the basis of in-depth scientific and technical knowledge combined with current developments in the human and social sciences.
To facilitate the approach to the necessary information and analysis methods, it is divided into five chapters, corresponding to the five main issues involved in dealing with ecological damages, namely the description, technicalities and assessment of damage, as well as temporal and territorial factors.

    Complete document

 

Chapters

   Covers
   Preface, abstract, summary and introduction
   Bibliography, authors, contributors & acknowledgements
 

Legal basis and liabilities for damage caused to water and aquatic environments

Issues involved in characterising ecological damage

  • Introduction
  • Sources of water law and its evolution toward integrated management designed to limit actions affecting environments
  • The response of the legal system to damage inflicted on nature in order to control behaviour affecting environments
  • The different liability regimes used to remediate torts arising from damage to water and aquatic environments
  • Conclusion
  • Summary

   download this part

When the legal, scientific and technical sectors work together

Technical aspects involved in dealing with ecological damage

  • Introduction
  • The role of scientific and technical legal experts in civil and criminal cases
  • Differentiating between legal experts, knowledgeable persons and witnesses
  • When does an expert take part in a judicial trial?
  • Onema and prosecutors, an example of increasingly well defined conditions for cooperation
  • Conclusion
  • Summary

   download this part

Assessing damage during a trial. From an assessment of damage to an assessment of remedies

  • Introduction
  • The different judicial procedures for damage caused to water and aquatic environments
  • Judicial procedures, a framework for assessments of damage caused to water and aquatic environments
  • Conclusion
  • Summary

   download this part

Territorial considerations in the legal situation and how they apply to ecological damage

  • Introduction
  • Different levels of territorial exposure to ecological damage
  • Different levels of territorial reaction to ecological damage
  • Issues involved in territorial specialisation in environmental litigation
  • Conclusion
  • Summary

   download this part

The time factor in managing ecological damage

  • Introduction
  • Different time factors in the manifestation and effects of ecological damage
  • Time factors involved in preserving environments and in remediating ecological damage
  • Conclusion
  • Summary

   download this part

Contact

  Delphine Loupsans, French Biodiversity Agency