International law on liability
description
Transcript of International law on liability
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
International law on liability
BA
1
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Damage
2
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Hungary
Baia Mare
Yugoslavia
3
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Damage
Kiev-Protocol
4
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Contained use of organisms Release of organisms into
the environment
Release for experimental purposes with genetically
modified organisms(field trials)
Marketedgenetically modified
organisms (seeds, commodities)
5
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Contained use of organisms
field trials
6
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
organic farmer
GMO-FarmerGMO-Farmer
GMO-Farmer
GMO-Farmer
GMO-Farmer
GMO-Farmer
7
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Council Regulation (EC) No 44/2001 of 22 December on jurisdiction and the recognition and enforcement of Judgements in civil and commercial matters
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
In the courts for thePlace where the harmful
event occurred(Art. 5/3 Lu)
In the courts where thedamaging act or
omission was caused
( ART 2/1 Lu)
Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention)
Choice of courts:
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention)
CH
D
F
I
A
Lie
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Applicable Law
is governed by the relevant Code on Private InternationalLaw of each State
Germany: EGBGB 1986 art. 40 – 44Austria : LDIP 1978 art. 35 and 48Italy : LDIP 1995 art. 62-63Liechtenstein: LDIP 1996 art. 39 and 52France: jurisprudenceSwitzerland : CPIL 1987 art. 138
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Art. 138 Swiss CPIL
e. Nuisances
Claims arising from nuisances emanating from real property shall be governed at the option of the injured party by the law of the State in which the real property is located or by the law of the State in which the effects of the nuisances occur.
Choice of law
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
Austria: law of the State where the damage occurred
Germany and Italy and Switzerland: choice of law
France: The law which is the nearest to the damage.
Liechtenstein: The law of the State where the damaging act was caused.
Choice of law
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006
Regulations on liability under other MEAs
1. Choice of Court according to the Lugano Treaty
2. Choice of Law according to the relevant domestic Code on International Private Law.
3. The judgement will be mutually recognized and enforced.
Summary