national and regional rules versus international system for damage assessment l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
National and Regional Rules versus International System for Damage Assessment PowerPoint Presentation
Download Presentation
National and Regional Rules versus International System for Damage Assessment

Loading in 2 Seconds...

play fullscreen
1 / 19

National and Regional Rules versus International System for Damage Assessment - PowerPoint PPT Presentation


  • 145 Views
  • Uploaded on

Workshop on Environmental Damage Vigo, 11-13 July 2005. National and Regional Rules versus International System for Damage Assessment. Michel Girin, Cedre, France. A FAR FROM EQUAL WORLD. Countries have highly different approaches to catastrophe management

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'National and Regional Rules versus International System for Damage Assessment' - inez


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
national and regional rules versus international system for damage assessment

Workshop on Environmental Damage

Vigo, 11-13 July 2005

National and Regional RulesversusInternational System for Damage Assessment

Michel Girin, Cedre, France

a far from equal world
A FAR FROM EQUAL WORLD

Countries have highly different approaches to catastrophe management

Members of a regional group have a closer approach

facing a natural catastrophe
Facing a natural catastrophe

A forest fire, a flood, an earthquake, a tsunami

There is no liable party

There may be damages to life, property, economy, the environment

in france and in many other industrialised countries
In France and in many other industrialised countries

Human life, property and economic losses : declaration of natural catastrophe siuation opens access to a “unlimited” national natural fund financed by a levy on private insurance (home, etc.)

Environment : taken care of by State budget

See Dec 1999 storm in France

in poorer countries
In poorer countries

No national natural catastrophe fund

State budget can do little

Aid is sought or accepted from the International Community

See recent Tsunami in Asia

facing an industrial catastrophe
Facing an industrial catastrophe

National, company controlled nationally (ex : Toulouse)

National, company under foreign control (ex : Aznalcollar, Bhopal)

Transboundary, private or public (ex : Baia Mare, Chernobyl)

a transboundary pollution
A transboundary pollution

Rupture of storage tank, Baia Mare Gold Mine, Rumania, 2000

 100 000 m3 of waste mud in Danube (cyanid, heavy metals…), three countries impacted (Rumania, Serbia, Hungary)

Company under Canadian control, Impacted countries future EU entrants

EU aid + procedures against local company in Rumania and mother company in Canada

pollution by ships
Pollution by ships

Ships sail worldwide

Odds are that pollution will most probably come from a foreign ship

=

legally transboundary, if not physically transboundary

a community of interests
A community of interests

Shipowners, charterers : looking for worlwide common treatment

Affected countries : looking for an acceptable compensation without the delays and costs of suing the responsible party in its country

A worldwide system

positive aspect of the system
Positive aspect of the system

It exists

Without it, economic operators in poor countries would hardly get any compensation

Impact studies would not be made

Restoration actions would not be implemented

negative aspect of the system
Negative aspect of the system

It moves at the speed of its slower members

Why a limit ?

Why no emergency decisions ?

options for those in the head groups
Options for those in the head groups

Keeping out of the system : the US approach (OPA)

Lobbying for future changes in the system and making with the existing : the EU approach (the 3rd level Fund and...)

improvising emergency solutions france
Improvising emergency solutions : France

State will step back until all other victims have received compensation

Economic operators : no interest loans repayable after reception of compensation

improvising emergency solutions spain
Improvising emergency solutions : Spain

Repayment of expenses of public bodies

Compensation of damages of economic operators

the consequence
The consequence

Governments pay/advance on their own standards, with public money

What standards ?

They turn later to the International compensation system for repayment

What about their part of responsibility ?

slide16

The diversity of expertise

  • National experts of the response authority in charge
  • Independent experts, trusted by the media, associations, wary authorities
  • International experts brought in by the polluter and related parties
  •  Decision makers and the Public get lost
slide17

Understanding diversity

  • Experts, working from the same facts, using the same best applicable rules

 Should come to the same objective conclusion (the Truth)

  • Differences in interpretation of facts, in choice of applicable rules, different working environments

 Generate some divergence in conclusions (aspects of the Truth)

damage assessment seen from the european angle of view
Damage assessment seen from the European angle of view

Experience : undeniable (UK)

EU support : clear (F, D)

Involvement of International compensation system : not sought (money lacking) but not refused

the conclusion
The conclusion

Going ahead regionally

building our own rules

not against the International compensation system

but accepting that our rules may exceed its aceptability standards