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Attila Tanzi and Alexandros Kolliopoulos

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Phani Dascalopoulou-Livada and Alexandros Kolliopoulos

Abstract

Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towards the operator, providing also that such liability shall be covered by compulsory insurance. The Protocol implements the “polluter-pays” principle and, unlike other similar regimes, it is neither exclusive nor self-contained, allowing in some instances for the application of other international instruments or of relevant rules of domestic law. It is argued that the Kiev Protocol can coexist with eu Directive 2004/35 on environmental liability, given that the latter opts for an administrative approach, and could even provide a mechanism for the recovery of costs incurred by the competent public authority in case of transboundary damage, thus facilitating the implementation of the Directive. It covers both economic and, to an extent, environmental damage and, if in force, will be an important tool in the hands of the victims of transboundary pollution.

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Attila Tanzi, Alexandros Kolliopoulos and Nataliya Nikiforova

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Attila Tanzi, Owen Mcintyre and Alexandros Kolliopoulos

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Attila Tanzi, Owen McIntyre, Alexandros Kolliopoulos, Alistair Rieu-Clarke and Rémy Kinna

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Series:

Attila Tanzi, Owen McIntyre, Alexandros Kolliopoulos, Alistair Rieu-Clarke and Rémy Kinna