The University of Southampton
University of Southampton Institutional Repository

Transnational operator liability

Betlem, Gerrit (2006) Transnational operator liability In, Betlem, Gerrit and Brans, Edward (eds.) Environmental Liability in the EU: The 2004 Directive Compared with US and Member State Law. London, UK, Cameron May pp. 149-188.

Record type: Book Section


Environmental Liability in the EU focuses on the 2004 EU Environmental Liability Directive - one of the most significant pieces of environmental legislation of the last ten years. The book provides an overview and introduction to the scheme of the Directive and discusses various specific aspects such as its measure of damages, its rules regarding the liability for damage caused by genetically modified organisms and soil pollution, the issue of standing and its relationship with international civil liability conventions that cover environmental harm, in particular the ones dealing with oil pollution. GMO damage is likewise examined against the backdrop of developments at the global level, i.e. the emerging liability regime under the Cartagena Protocol.
Environmental Liability in the EU also addresses the issue of who can be held liable for damage covered by the Directive (operator liability), the available defences and its relation to the general principles of EC Environmental Law, notably the polluter-pays principle and the precautionary principle. Given the fact that the Directive is partly based on US and Member State law, a comparison is made with relevant US federal laws, namely the US Oil Pollution Act and CERCLA, as well as with the law of some Member States (Germany and the United Kingdom). A scientific paper considers, by way of case study, complex questions of proof of causation of (environmental) damage caused by arsenic.

Full text not available from this repository.

More information

Published date: 2006
Additional Information: Chapter 7


Local EPrints ID: 27973
ISBN: 1905017197
PURE UUID: 64d15ab1-c463-41d4-a9a5-f8a8a12f193e

Catalogue record

Date deposited: 19 Jun 2006
Last modified: 17 Jul 2017 16:03

Export record


Author: Gerrit Betlem
Editor: Gerrit Betlem
Editor: Edward Brans

University divisions

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton:

ePrints Soton supports OAI 2.0 with a base URL of

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.