%0 Book Section
%T Opportunities and Weaknesses in the Application of Science and Technology in DRR with a View to Improving Governance. A Case Study. European Legislation on Environmental Liability.
publisher Global Risk Forum GRF Davos Promenade 35 CH-7270 Davos Platz http://www.grforum.org http://www.planet-risk.org
%D 2014
%@ https://hdl.handle.net/10433/20104
%X Natural disasters tend to give rise to changes in the law from corrective rather than prospective stances. European legislation on environmental liability warrants examination in this regard. Reaction to two grave disasters in Europe, such as the ERIKA oil tanker disaster off the coast of France and the Aznalcollar dam failure in Spain led the European Union to begin legislating in this respect in the year 2000, firstly with the European Commission’s White Paper on Environmental Liability, and then with the European Parliament and Council of Europe’s Directive 2004/35/CE on environmental liability with respect to the prevention and remedying of environmental damage. To varying extents of development and effectiveness, European countries have transposed this Directive into their own national legislation. However, in practical terms and in conjunction with other issues, it is not as easy to implement as was intended because it converges and interacts with their own existing sectorial legislation that has similar objectives. The global economic crisis has also curtailed the directive’s legislative development. What should have been a golden opportunity for the prevention of environmental disasters and demand for liability in line with the “polluter pays” principle is not is not reaping the expected results. Analyzing this case and specifically the obstacles encountered in applying the legislation, firstly from a European standpoint and then focusing specifically on Spain, is of interest to be able to appraise governance recommendations in the light of HFA2 objectives. If this type of legislation were properly applied with all the scientific and technical input entailed, it would be a valuable tool for increasing resilience in public and private investment.
%K Environmental Liability, Polluter pays, Governance, Directive, Disaster Risk Management
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