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The burden of proof in natural resources legislation: Some critical issues for fisheries law
… regulatory criminal offences are often strict or absolute liability offences. This means that the prosecution simply … 1991, p. 119. 6 legislation - strict and absolute liability, reversal of the burden of proof, etc.8 However in … because the presumptions are being used to impose liability in situations where the defendant has not been …
Governing natural resources and the processes and institutions that affect them : North-West Frontier Province. Legislation.
… any commercial activity on a self-financing basis with no liability to the public exchequer; and (f) set-up a corporate … Pakistan I N.W.F.P 141 (c) affect any right, obligation or liability’ acquired, accrued or, incurred under the law, … in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment and any such …
Enforcement of Environmental Law: Good Practices from Africa,Central Asia, ASEAN Countries and China
… been shifted to rest on the defendant. China passed a Tort Liability Law on 26 December 2009, in force from 1 July 2010. … by environment pollution, the polluter shall bear tort liability”: Art. 65); and that the defendant in an … of proof with regard to the legal basis for bearing no liability or mitigation of its liability and the non- …
Legislating for property rights in fisheries
… cannot be consolidated or divided on transfer; and the liability of revocation without compensation, are pointed to … the state, it is the state which will inevitably escape liability, unless the state has chosen to provide otherwise. … proceedings because of this section. … 100 Exculpation for liability for anything done under this Division The Minister, …
Rule: Reforming water governance
… to state explicitly in legislation the degree, if any, of liability, how surplus income may be retained or distributed, … or criminal fines, imprisonment, or both. Personal liability on the part of company 104 directors or managers … water pollution. It has been argued that criminal liability may not be an appropriate deterrent. There is a …
UNEP’s Compendium of Innovative Laws: promoting Green Economy & Sustainable Development
… Court applied the principle in conjunction with strict liability. In one of India’s landmark cases, Indian Council … to compensate for loss caused to any other person. 155 The liability is not limited to compensation for victims of the … sanctions, administrative, civil and criminal liability. Relevant innovative instruments 1) Incentives: The …
Wildlife law and the empowerment of the poor
… These usually include management responsibilities and liability for damage caused by wildlife to people and … case (legislation may provide for general exemptions from liability), so legislation should clarify different … rural communities. Clear direction on or protection from liability could facilitate private or community wildlife …
Assessing environmental impacts - A global review of legislation
… include provisions on the (administrative or criminal) liability of consultants. In Mongolia, the EIA law for … include provisions on the (administrative or criminal) liability of consultants 2. Content requirements • Are … to forested areas. The recently enacted Environmental Liability Act (2013) also requires offsets, but only when …
Integrated coastal management law: Establishing and strengthening national legal frameworks for integrated coastal management
… Convention, q.v. 1969 International Convention on Civil Liability for Oil Pollution Damage (Brussels), 973 UNTS 3; … In force on 17 January 2000. 1992 Convention on Civil Liability for Oil Pollution Damage, B&B Docs, 91. In force on … conventions including legislation: • establishing liability for oil spill cleanups and costs; and • requiring …