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| | SSRN-Civil or Administrative Law to Prevent and Restore Environmental Harm? by Lucas Bergkamp |
 | | The working document's regime would impose strict liability on operators of listed activities for biodiversity damage, water pollution, and personal injury caused by environmental harms, and fault liability on operators of non-listed activities but only for biodiversity damage. |
 | | It analyzes the nature of the proposed regime (civil-public law), and discusses its scope and definitions, the objective of liability and the strict/fault liability distinction, the proposed joint and several liability rules, the rules governing restoration of environmental damage, access to justice, and some miscellaneous issues. |
 | | Such an administrative law regime, which could be made part of the pertinent existing EC legislation, would be able to ensure that significant habitat damage and water pollution damage is remedied. |
| papers.ssrn.com /sol3/papers.cfm?abstract_id=283824 (458 words) |
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