In the case of an accident in your country during a transboundary movement of hazardous wastes, who will be liable for the damage caused according to domestic.

Slides:



Advertisements
Similar presentations
SAEFLSwiss Agency for the Environment, Forests and Landscape Taller Regional Dirigido a Promover la Ratification del Protocolo de Responsibilidad de Basilea.
Advertisements

SAEFLSwiss Agency for the Environment, Forests and Landscape Regional Workshop aimed at Promoting Ratification of the Basel Protocol on Liability Addis.
Page 1 Warsaw, Poland January 18-20, 2006 Dana Lapešová BCRC Bratislava, Slovakia BASEL CONVENTION REGIONAL CENTRE BRATISLAVA, SLOVAK REPUBLIC Difficulties.
Secretariat of the Basel Convention United Nations Environment Programme Regional Workshop Aimed at Promoting Ratification of the Basel Protocol on Liability.
Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation.
Basel Protocol Financial limits and insurance Katarína Lenková SEA CWEM Bratislava, Slovak Republic Warsaw, 18 – 20 January 2006.
Basel Protocol on Liability and Compensation Civil Liability Magda Gosk Chief Inspectorate for Environmental Protection Division of Transboundary Movement.
Regional Workshop aimed at Addressing and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation.
Basel Protocol on Liability Civil Liability József Kelemen Ministry of Environment and Water.
Basel Protocol on Liability and Compensation Financial Limits And Insurance. Magda Gosk Chief Inspectorate for Environmental Protection Division of Transboundary.
MINISTRY OF ENVIRONMENT AND WATER REPUBLIC OF BULGARIA Bulgaria and the Basel protocol on liability and compensation.
Regional Workshop Warsaw, January 2006 STATE UNION OF SERBIA AND MONTENEGRO Basel Protocol on Liability and Compensation Questionnaire No. 1 Civil.
FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European.
Secretariat of the Basel Convention United Nations Environment Programme Regional Workshop Aimed at Promoting Ratification of the Basel Protocol on Liability.
Civil liability system in the Republic of Latvia.
Regional Workshop Warsaw, January 2006 STATE UNION OF SERBIA AND MONTENEGRO Basel Protocol on Liability and Compensation Questionnaire No. 2 Ratification.
The Basel Protocol, Warsaw, Availability of insurance and other financial guarantees: coverage of the liability.
The Basel Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal Tarmo Lindemann.
Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation.
SAEFLSwiss Agency for the Environment, Forests and Landscape Regional Workshop aimed at Promoting Ratification of the Basel Protocol on Liability Addis.
Basel Convention Secretariat United Nations Environmental Programme ___________________________________ Roles and Responsibilities under the Protocol Laura.
Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation.
Does your country have difficulties with the minimum limits of liability specified in paragraph 2 of Annex B of the Protocol on Liability and Compensation?
Overview of the Basel Convention and Basel Protocol: History and Goals Laura Thompson Legal Expert Secretariat of the Basel Convention Regional Workshop.
FOENSwiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European.
Basel Convention Secretariat United Nations Environmental Programme ___________________________________ Key Elements of the Protocol Laura Thompson Legal.
CLAIMS SETTLING WITHIN AND OUTSIDE THE EUROPEAN UNION.
Axel Luttenberger, Ph.D., Full Professor Faculty of Maritime Studies Rijeka DRIVES FOR THE INTERNATIONAL CONVENTION ON LIABILITY AND COMPENSATION FOR DAMAGE.
"Motor Liability and Boat Liability: damages, compensation, insurance. A comparison". Sara Landini.
Considerations for Transactions with Environmental Issues Richard M. Fil, Esq.
TRP Chapter Chapter 3.2 Transboundary movement control.
Consequences of Fukushima accident on international framework for nuclear liability and compensation Open lecture, Higher School of Economics, National.
1. Comprehensive Coverage – includes all physical damage losses except collision and other specified losses. Usually includes.
Regulatory Body MODIFIED Day 8 – Lecture 3.
The environmental liability in outer space mining.
IAEA 1 Liability During Transport: Principles of Nuclear Liability Law Steven McIntosh Chairman, International Expert Group on Nuclear Liability (INLEX)
Cartagena Protocol on Biosafety Drew L. Kershen University of Oklahoma College of Law Earl Sneed Centennial Professor of Law Copyright 2005, all rights.
Copyright © 2005 Pearson Education Canada Inc. Business Law in Canada, 7/e, Chapter 3 Business Law in Canada, 7/e Chapter 3 Government Regulation and the.
Liability and Redress: Overview and General Comments Asia Regional Workshop on the Cartagena Protocol on Biosafety September 7-8, 2010 Daewoo Hotel, Hanoi,
Access to Justice Development of Green Bench in the Court of Justice October 2005 : The Green Bench, a specialized division was officially set up at the.
13 – 13 – Institutional and Legal Aspects 1/ Policy on solid waste management 13.2 Legislative aspects 13.3 National and local legislation and regulations.
Tilde Publishing and Distribution ISBN: Import/Export Mapping International Trade for Australian Business Cargo Insurance.
1 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal Brief background The Convention Implementation actors.
Office of the President Office of the Chief of Staff Secretariat of Environment and Sustainable Development.
CARTAGENA PROTOCOL ON BIOSAFETY NDA- DEAT BILATERAL MEETING 1 August 2003 Presenter : M. Mbengashe.
Financial Responsibility. Reference PART 387 MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS.
INTERNATIONAL ENVIRONMENTAL LAW Nuclear energy. OECD Convention on Third Party Liability in the Field of Nuclear Energy (Paris 1960) Convention on Civil.
Cartagena Protocol on Biosafety Cartagena Protocol on Biosafety And India’s Obligations By Desh Deepak Verma Joint Secretary, Ministry of Environment and.
Chapter 22 Liability, Agency Problems, Fraud, Ethics in Real Estate Finance.
LEGAL LIABILITY FRAMEWORK Liability for environmental cleanup of contaminated properties under both CERCLA or MTCA falls on: 1. Current owners and operators.
Part 6 – Special Legal Rights and Relationships Chapter 34 – Environmental Law Prepared by Michael Bozzo, Mohawk College © 2015 McGraw-Hill Ryerson Limited.
Environmental Regulation.  Complex set of laws  Constantly changing  Cover: Release, treatment, storage and disposal of Hazardous materials Into air,
1 Session 1 Perspective for More National Space Legislation - Report of the Rapporteur - Dr. Michael Gerhard, DLR Project 2001 Plus Symposium, Cologne,
Resource Conservation and Recovery Act Draft Year: 1976 Amendment years: 1989 National/ Internatinal: National Law Sean Petersen, per:3.
Chapter 16 Part III Motor Vehicle Insurance. Financial Responsibility Anyone who owns or drives a vehicle should have protection against personal injury.
Car Insurance- Why car insurance? It is the LAW Why car insurance? It is the LAW.
Regulation of Environmental Liability in Hungary in the Context of the Civil Liability Protocol Gábor Baranyai Ministry of Environment and Water.
TOO TOXIC? THE CHALLENGE OF NON-STATUTORY ENVIRONMENTAL LIABILITY AT BROWNFIELDS SITES September 2, 2015 – 10:45 am AMY L. EDWARDS, Holland & Knight LLP.
THE BASEL, ROTTERDAM AND STOCKHOLM CONVENTIONS Barbados, March 2009.
Information day on EUROCONTROL Guidance Material on the application of Common Requirements for Service Provision LIABILITY AND INSURANCE ISSUES Nathalie.
CORK DUBLIN GALWAY LONDON 1 Environmental Liability and Financial Provision Finola McCarthy, Partner, 29 June 2016.
THE NEW GENERAL DATA PROTECTION REGULATION: A EUROPEAN OR A GLOBAL STANDARD? Bart van der Sloot Senior Researcher Tilburg Institute for Law, Technology,
Who is Liable for a Construction Accident?
IAEA RER/9/141: Improving National Infrastructure for Safety   Regional Workshop: Drafting School for Regulations. Radiation Safety Stream Country IAEA.
The Regional Workshop of Basel Protocol on Liability and Compensation (18-20 January, Warsaw, Poland) National Procedure for Ratification of International.
IAEA RER/9/141: Improving National Infrastructure for Safety   Regional Workshop on Regulatory Enforcement and Inspection Vilnius, Lithuania 11 September.
Basel Protocol on Liability and Compensation CIVIL LIABILITY
-FINANCIAL LIMITS AND INSURANCE-
Regional Workshop aimed at Addressing Aspects and Obstacles to the Process of Ratification of or Accession to the Basel Protocol on Liability and Compensation.
Risk Control & Insurance
Presentation transcript:

In the case of an accident in your country during a transboundary movement of hazardous wastes, who will be liable for the damage caused according to domestic law: the generator (even if the generator is outside the country) / the owner / the carrier / the disposer / any other party to the transaction? In compliance with the national legislation the person, that had caused the damage bears the liability.

What types of damage are covered in your domestic law: personal injury / loss of life / damage to property / damage to the environment / any other? The national legislation provides for applying sanctions for damages caused to health and to the environment.

Which is the relevant agency for the enforcement of liability in your country: national courts / regulatory agencies regulating health and safety and/or environmental matters / any other? The detection of cases and set up of the materials concerning the damage caused to the environment is done by the State Ecological Review, and the sanctioning is done by the judicial bodies.

What would be the nature of the liability in your country: strict / fault based?

Are there any time limits to the liability? The national legislation stipulates the time limit for the guilty person to be drawn to responsibility.

Are there any minimum or maximum financial limits to the liability ? There are different limits of fines for different types of contravention.

Is there any existing insurance coverage in respect of any or all of the incidents and/or damage contemplated by the Protocol? Not for everyone, and that is why the legislation needs to be modified.

Have you identified any gaps in your liability legislation that could lead to cases where damage caused by accidents remain uncovered? No identification had been done.

Has your country entered into any regional or bilateral agreements regarding liability in connection with accidents during a transboundary movement of hazardous wastes? If so, please provide information. Such Agreements in the above mentioned sphere are lacking.