International civil liability regimes for nuclear, oil transport and industrial activities

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dc.contributor.advisorBankes, Nigel
dc.contributor.authorMihai, Elena
dc.date.accessioned2017-12-18T22:14:35Z
dc.date.available2017-12-18T22:14:35Z
dc.date.issued2010
dc.descriptionBibliography: p. 201-218en
dc.description.abstractThis thesis is concerned with international liability for transboundary consequences arising out of acts not prohibited by international law. Specifically, it considers three civil liability regimes: nuclear liability, oil transport and industrial accidents with consequences for transboundary waters. It explores whether the development of civil liability regimes regulating particular hazardous activities is the appropriate solution to ensure the fulfillment of the duty to prevent harm and the duty to compensate. It also explores whether the three civil liability regimes have changed over the years to provide broader protection and more adequate compensation for the victims of an accident. The thesis concludes that the development of civil particular liability regimes serves two aims: to allow risky but socially important activities to continue and to provide compensation to those who suffer harm. Some elements of these aims are only partially fulfilled. The obligations of prevention and compensation are not equally emphasized and in particular, the three liability regimes are more concerned with compensation for damage after an accident than with preventing it. The liability regimes have changed over the years to bring levels of compensation in line with the damages suffered. However, aspects of damage remain uncompensated. Thus these three civil liability regimes do not totally implement the "polluter pays" principle.en
dc.format.extentvii, 218 leaves ; 30 cm.en
dc.identifier.citationMihai, E. (2010). International civil liability regimes for nuclear, oil transport and industrial activities (Master's thesis, University of Calgary, Calgary, Canada). Retrieved from https://prism.ucalgary.ca. doi:10.11575/PRISM/3889en_US
dc.identifier.doihttp://dx.doi.org/10.11575/PRISM/3889
dc.identifier.urihttp://hdl.handle.net/1880/104890
dc.language.isoeng
dc.publisher.facultyLaw
dc.publisher.institutionUniversity of Calgaryen
dc.publisher.placeCalgaryen
dc.rightsUniversity of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.
dc.titleInternational civil liability regimes for nuclear, oil transport and industrial activities
dc.typemaster thesis
thesis.degree.grantorUniversity of Calgary
thesis.degree.nameMaster of Laws (LLM)
ucalgary.item.requestcopytrue
ucalgary.thesis.accessionTheses Collection 58.002:Box 1950 627942793
ucalgary.thesis.notesUARCen
ucalgary.thesis.uarcreleaseyen
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