Last modified: 27 Feb 2018 12:49
Corporate environmental liability is a significant area of concern not only for those corporations engaged in activities which exhibit environmental risk but society as whole. An efficient, effective liability regime must be present to ensure that corporations do not shirk their financial liabilities. The course draws attention to the conflicting goals of corporate law (i.e. the limitation of liability) and environmental law (i.e. ensuring that polluters pay for damage caused) and encourages students to consider and develop solutions to this problem. Whilst the course focuses on EU environmental law, many of the concepts covered are relevant to other jurisdictions.
|Session||Second Sub Session||Credit Points||30 credits (15 ECTS credits)|
The course would: • introduce the key concepts and terminology covered in the module; • examine the evolution and application of the polluter-pays principle of environmental law and the overriding aim(s) of imposing environmental liability; • introduce fundamental doctrines of corporate law, notably limited liability and separate legal personality, and consider their role and purpose; • examine the relevant EU environmental legislation and its capacity to regulate the environmental activities of corporations; • through use of a practical case-study, apply the relevant law to a given factual scenario; • examine relevant US environmental legislation as a comparative indicator as to: (1) how successful it has been in regulating corporate environmental behaviour; and (2) whether it could inform and improve the EU regime; and • examine solutions to the problem of corporations utilising corporate law doctrine to avoid liability (e.g. financial security such as insurance).
Information on contact teaching time is available from the course guide.
1st attempt: 1 three hour written examination (75%); 2,500 word essay (25%). Resit: 1 three hour written examination (100%).
There are no assessments for this course.