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Papers by Emanuela Orlando
Yearbook of International Environmental Law, 2012
Common Market Law Review, 2021
This chapter examines the concept of liability and its role in the environmental context. The ana... more This chapter examines the concept of liability and its role in the environmental context. The analysis will focus on the application of liability as a response to environmental damage and will seek to demonstrate how traditional concepts of liability have progressively evolved and adjusted to accommodate a more specific environmental dimension. In that perspective, the chapter will begin with a brief theoretical background into the main features and rationales of liability both as a traditional legal concept and as a tool of environmental law and policy (section 2). It will then trace the historical evolution of liability rules face to the advent of modern industrial technologies, the intensification of risks and the specific problems posed by environmental pollution (section 3). In this respect, the transnational dimension of the damage and the role of international law will be discussed. Section 4 will discuss emerging trends in the law of liability with respect to damage to the e...
Growing concerns for the protection of the environment have recently determined the emergence of ... more Growing concerns for the protection of the environment have recently determined the emergence of new perspectives on the question of liability and reparation for environmental damage. The main pillar around which such evolution has taken place is the concept of ecological damage and the progressive legal recognition of damage to the environment and to natural resources as a self-standing value. Alongside its classic function of providing compensation to private victims of environmental pollution, the law of liability has been increasingly regarded as a mechanism to ensure the restoration of the impaired natural resources as well as a powerful tool for the protection of the environment. Consequently, classic private law approaches to environmental damage as featured in civil liability rules or in the common law of tort have been paralleled by new types of liability regimes aimed at the restoration of natural resources and the environment. It has become necessary to adjust certain fea...
Elgar Encyclopedia of Environmental Law, 2018
This chapter will examine three sets of legal developments that characterize normative processes ... more This chapter will examine three sets of legal developments that characterize normative processes and law-making dynamics in international environmental law (IEL), namely: the emergence and growing prominence of environmental principles; the adoption of environmental standards through multilateral environmental treaties, but also, and increasingly, through the work of non-state actors and international organizations; and recourse to voluntary commitments. Although each of these developments presents distinctive features, they overall share common traits that contribute to the delineation of IEL as a legal discipline, namely a more varied typology of norms and law-making processes, the involvement of a wider range of actors in the formation and application of international norms, and the progressive blurring of the distinction between hard and soft law. This phenomenon is not unique to IEL. Similar trajectories can, in fact, be discerned in other branches of international law and regulation, particularly those most exposed to the pressures of economic and social globalization. 1 However, they occupy a prominent role in the field of environmental law where they reflect the attempt to cope with the complexity of regulating environmental problems and with the multilevel and multi-layered framework of global environmental governance. While IEL is not a separate or self-contained branch of international law, 2 the special features of environmental problems have demanded new and specific approaches to international environmental regulation, 3 not only in terms of substantive content, but also and especially at the level of law-making processes, conceptual structures and methodologies. 4 Two main trends, in particular, can be discerned that characterize modern environmental law-making at the international level. The first concerns the fact that while states remain the primary authors of IEL, their role and influence in the law-making process has changed over time. Most international environmental treaties are now promoted, negotiated and adopted under the auspices of international organizations, often with the involvement, as participants or observers, of NGOs and other private groups 5. Moreover, outside and beyond
Elgar Encyclopedia of Environmental Law, 2018
Maastricht Journal of European and Comparative Law, 2010
Over the last two decades, the intensification of environmental risks and the increasing occurren... more Over the last two decades, the intensification of environmental risks and the increasing occurrences of environmental harm have prompted the need to reassess the role of tort law in the protection of the environment and to elaborate new conceptual approaches to the liability topic. From an international law standpoint, the attention focused particularly on the need to define uniform legal frameworks of liability and compensation for environmental damage, specifically for the cases of cross-border pollution involving two or more jurisdictions. With this respect, several international conventions have been adopted with respect to specific sectors of hazardous activities; they aim at establishing common provisions on substantive and jurisdictional aspects arising in transnational environmental liability claims. in the european union, the harmonization of environmental liability regimes across the different Member States has been at the centre of lively debates in academic research and at the policy-making level.1 recent legislative developments show that this issue tends to be increasingly addressed at the crossroads between private and public law approaches. On the one hand, the eu regulation No. 44/2001 on Jurisdiction and the recognition and enforcement of Judgments in civil and commercial matters2 and the eu regulation No. 864/2007 on the law applicable to Non contractual Obligations3 define common criteria to determine the competent jurisdiction and the law applicable to cross-border claims, including liability claims arising in the environmental field.
Review of European, Comparative & International Environmental Law, 2015
Article (Accepted Version) http://sro.sussex.ac.uk Orlando, Emanuela (2015) From domestic to glob... more Article (Accepted Version) http://sro.sussex.ac.uk Orlando, Emanuela (2015) From domestic to global? Recent trends in environmental liability from a multilevel and comparative law perspective. Review of European, Comparative & International Environmental Law, 24 (3). pp. 289-303.
SSRN Electronic Journal, 2012
This Working Paper is the result of a workshop held at the European University Institute in Novem... more This Working Paper is the result of a workshop held at the European University Institute in November 2010. At the heart of it lies a reflection on the potentialities of a new legal concept: social environmental justice. Building on the longstanding tradition of social justice and the more recent trend of environmental (or ecological) justice, our aim was to discuss how these two different dimensions of 'justice' overlap and could be reconciled in an all-encompassing notion. Moreover, we discussed the need for such a new concept in the light of the contemporary challenges of climate change and economic globalisation and focused especially on the concept's added value compared to the already existing notion of sustainable development. In addition to that, we explored the practical value of social environmental justice especially in the context of legal practice. This publication is a mirror of the different normative approaches (more social, more environmental, more holistic) one can adopt in dealing with problems such as climate change and globalization. Finally, it suggests different legal paths (Human rights, Private International Law, European Law) that could be taken in order to address these issues.
Liability for environmental harm : towards the mutual supportiveness of international law and Eur... more Liability for environmental harm : towards the mutual supportiveness of international law and European Union law. DSpace/Manakin Repository. Search Cadmus. Search Cadmus This Collection. Advanced Search. Browse. ...
It is only relatively recently that the problem of widespread corruption and violent conflicts re... more It is only relatively recently that the problem of widespread corruption and violent conflicts related to the access, exploitation and management of natural resources, has become the subject of attention under international law. The relationship between natural resource endowments and a country’s economic development had usually been framed in positive terms, with emphasis on the high revenue that exploitation of these resources could potentially generate. Over the last few decades, the situation of poverty, political instability and violent conflicts that affect many resource-rich countries in Africa, Latin America and other parts of the developing world has started to shake the optimistic equation between natural resource abundance and economic growth. In this light, this chapter examines the responses thus far available in international law to address the challenges of conflicts and corruption in the field of natural resources. The chapter consists of two main part. The first par...
Forging a Socio-Legal Approach to Environmental Harms, 2017
Environmental harms exert a significant toll and pose substantial economic costs on societies aro... more Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
Rivista Giuridica Dell Ambiente, 2007
Journal of Environmental Law, 2014
The Cambridge Law Journal, 2013
Yearbook of International Environmental Law, 2012
Common Market Law Review, 2021
This chapter examines the concept of liability and its role in the environmental context. The ana... more This chapter examines the concept of liability and its role in the environmental context. The analysis will focus on the application of liability as a response to environmental damage and will seek to demonstrate how traditional concepts of liability have progressively evolved and adjusted to accommodate a more specific environmental dimension. In that perspective, the chapter will begin with a brief theoretical background into the main features and rationales of liability both as a traditional legal concept and as a tool of environmental law and policy (section 2). It will then trace the historical evolution of liability rules face to the advent of modern industrial technologies, the intensification of risks and the specific problems posed by environmental pollution (section 3). In this respect, the transnational dimension of the damage and the role of international law will be discussed. Section 4 will discuss emerging trends in the law of liability with respect to damage to the e...
Growing concerns for the protection of the environment have recently determined the emergence of ... more Growing concerns for the protection of the environment have recently determined the emergence of new perspectives on the question of liability and reparation for environmental damage. The main pillar around which such evolution has taken place is the concept of ecological damage and the progressive legal recognition of damage to the environment and to natural resources as a self-standing value. Alongside its classic function of providing compensation to private victims of environmental pollution, the law of liability has been increasingly regarded as a mechanism to ensure the restoration of the impaired natural resources as well as a powerful tool for the protection of the environment. Consequently, classic private law approaches to environmental damage as featured in civil liability rules or in the common law of tort have been paralleled by new types of liability regimes aimed at the restoration of natural resources and the environment. It has become necessary to adjust certain fea...
Elgar Encyclopedia of Environmental Law, 2018
This chapter will examine three sets of legal developments that characterize normative processes ... more This chapter will examine three sets of legal developments that characterize normative processes and law-making dynamics in international environmental law (IEL), namely: the emergence and growing prominence of environmental principles; the adoption of environmental standards through multilateral environmental treaties, but also, and increasingly, through the work of non-state actors and international organizations; and recourse to voluntary commitments. Although each of these developments presents distinctive features, they overall share common traits that contribute to the delineation of IEL as a legal discipline, namely a more varied typology of norms and law-making processes, the involvement of a wider range of actors in the formation and application of international norms, and the progressive blurring of the distinction between hard and soft law. This phenomenon is not unique to IEL. Similar trajectories can, in fact, be discerned in other branches of international law and regulation, particularly those most exposed to the pressures of economic and social globalization. 1 However, they occupy a prominent role in the field of environmental law where they reflect the attempt to cope with the complexity of regulating environmental problems and with the multilevel and multi-layered framework of global environmental governance. While IEL is not a separate or self-contained branch of international law, 2 the special features of environmental problems have demanded new and specific approaches to international environmental regulation, 3 not only in terms of substantive content, but also and especially at the level of law-making processes, conceptual structures and methodologies. 4 Two main trends, in particular, can be discerned that characterize modern environmental law-making at the international level. The first concerns the fact that while states remain the primary authors of IEL, their role and influence in the law-making process has changed over time. Most international environmental treaties are now promoted, negotiated and adopted under the auspices of international organizations, often with the involvement, as participants or observers, of NGOs and other private groups 5. Moreover, outside and beyond
Elgar Encyclopedia of Environmental Law, 2018
Maastricht Journal of European and Comparative Law, 2010
Over the last two decades, the intensification of environmental risks and the increasing occurren... more Over the last two decades, the intensification of environmental risks and the increasing occurrences of environmental harm have prompted the need to reassess the role of tort law in the protection of the environment and to elaborate new conceptual approaches to the liability topic. From an international law standpoint, the attention focused particularly on the need to define uniform legal frameworks of liability and compensation for environmental damage, specifically for the cases of cross-border pollution involving two or more jurisdictions. With this respect, several international conventions have been adopted with respect to specific sectors of hazardous activities; they aim at establishing common provisions on substantive and jurisdictional aspects arising in transnational environmental liability claims. in the european union, the harmonization of environmental liability regimes across the different Member States has been at the centre of lively debates in academic research and at the policy-making level.1 recent legislative developments show that this issue tends to be increasingly addressed at the crossroads between private and public law approaches. On the one hand, the eu regulation No. 44/2001 on Jurisdiction and the recognition and enforcement of Judgments in civil and commercial matters2 and the eu regulation No. 864/2007 on the law applicable to Non contractual Obligations3 define common criteria to determine the competent jurisdiction and the law applicable to cross-border claims, including liability claims arising in the environmental field.
Review of European, Comparative & International Environmental Law, 2015
Article (Accepted Version) http://sro.sussex.ac.uk Orlando, Emanuela (2015) From domestic to glob... more Article (Accepted Version) http://sro.sussex.ac.uk Orlando, Emanuela (2015) From domestic to global? Recent trends in environmental liability from a multilevel and comparative law perspective. Review of European, Comparative & International Environmental Law, 24 (3). pp. 289-303.
SSRN Electronic Journal, 2012
This Working Paper is the result of a workshop held at the European University Institute in Novem... more This Working Paper is the result of a workshop held at the European University Institute in November 2010. At the heart of it lies a reflection on the potentialities of a new legal concept: social environmental justice. Building on the longstanding tradition of social justice and the more recent trend of environmental (or ecological) justice, our aim was to discuss how these two different dimensions of 'justice' overlap and could be reconciled in an all-encompassing notion. Moreover, we discussed the need for such a new concept in the light of the contemporary challenges of climate change and economic globalisation and focused especially on the concept's added value compared to the already existing notion of sustainable development. In addition to that, we explored the practical value of social environmental justice especially in the context of legal practice. This publication is a mirror of the different normative approaches (more social, more environmental, more holistic) one can adopt in dealing with problems such as climate change and globalization. Finally, it suggests different legal paths (Human rights, Private International Law, European Law) that could be taken in order to address these issues.
Liability for environmental harm : towards the mutual supportiveness of international law and Eur... more Liability for environmental harm : towards the mutual supportiveness of international law and European Union law. DSpace/Manakin Repository. Search Cadmus. Search Cadmus This Collection. Advanced Search. Browse. ...
It is only relatively recently that the problem of widespread corruption and violent conflicts re... more It is only relatively recently that the problem of widespread corruption and violent conflicts related to the access, exploitation and management of natural resources, has become the subject of attention under international law. The relationship between natural resource endowments and a country’s economic development had usually been framed in positive terms, with emphasis on the high revenue that exploitation of these resources could potentially generate. Over the last few decades, the situation of poverty, political instability and violent conflicts that affect many resource-rich countries in Africa, Latin America and other parts of the developing world has started to shake the optimistic equation between natural resource abundance and economic growth. In this light, this chapter examines the responses thus far available in international law to address the challenges of conflicts and corruption in the field of natural resources. The chapter consists of two main part. The first par...
Forging a Socio-Legal Approach to Environmental Harms, 2017
Environmental harms exert a significant toll and pose substantial economic costs on societies aro... more Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
Rivista Giuridica Dell Ambiente, 2007
Journal of Environmental Law, 2014
The Cambridge Law Journal, 2013