Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Guillaume Laganière is Professor of Law at the Université du Québec à Montréal (UQAM), Canada.

Introduction
I. Context
II. A Study of Private International Law and Global Governance
III. Scope of the Book
IV. Objectives of the Book
V. Structure of the Book

PART 1
LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW
1. Liability for Transboundary Pollution in International Environmental Law
I. State Responsibility, State Liability and Civil Liability
A. Introduction to the Distinction between Responsibility and Liability
B. State Responsibility
C. State Liability
D. Civil Liability
II. The Duty to Ensure Prompt and Adequate Compensation
A. Prompt and Adequate Compensation in International Law
B. Future Development of the Duty to Ensure Prompt and Adequate Compensation
III. Conclusion
2. Private International Law as Environmental Regulation
I. Previous Work on Private International Law in Environmental Matters
II. The Regulatory Function of Private International Law
A. Private International Law as Obstacle?
B. Private International Law as Regulation?
III. Conclusion

PART 2
TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW
3. Jurisdiction Over Transboundary Pollution
I. International Environmental Law and the Approach of the ILC
A. Jurisdiction in the ILC Principles on the Allocation of Loss
B. Non-Discrimination and Equal Access
C. Implementation of Equal Access in Canada
D. Going beyond the ILC Principles on the Allocation of Loss
II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law
A. Asserting Jurisdiction Over Transboundary Pollution
B. Declining Jurisdiction Over Transboundary Pollution
C. Enforcing Foreign Judgments against Local Polluters
III. Conclusion
4. The Law Applicable to Transboundary Pollution
I. International Environmental Law and the Approach of the ILC
A. Choice of Law in the ILC Principles on the Allocation of Loss
B. Non-Discrimination and Equal Remedy
C. Implementation of Equal Remedy in Canada
D. Going beyond the ILC Principles on the Allocation of Loss
II. The Law Applicable to Transboundary Pollution in Canadian Private International Law
A. Designating the Law Applicable to Transboundary Pollution
B. Displacing the Applicable Law
C. Extraterritorial Application of Statutory Causes of Action
III. Conclusion
Conclusion
I. Conclusions of the Study
II. Creatively Thinking about Liability for Transboundary Pollution