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FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European.

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Presentation on theme: "FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European."— Presentation transcript:

1 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs International law on liability B A 1

2 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Damage 2

3 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Hungary Baia Mare Yugoslavia 3

4 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Damage Kiev-Protocol 4

5 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Contained use of organisms Release of organisms into the environment Release for experimental purposes with genetically modified organisms (field trials) Marketed genetically modified organisms (seeds, commodities ) 5

6 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Contained use of organisms field trials 6

7 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs organic farmer GMO-Farmer 7

8 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Council Regulation (EC) No 44/2001 of 22 December on jurisdiction and the recognition and enforcement of Judgements in civil and commercial matters

9 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs In the courts for the Place where the harmful event occurred (Art. 5/3 Lu) In the courts where the damaging act or omission was caused ( ART 2/1 Lu) Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention) Choice of courts:

10 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention) CH D F I A Lie

11 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Applicable Law is governed by the relevant Code on Private International Law of each State Germany: EGBGB 1986 art. 40 – 44 Austria : LDIP 1978 art. 35 and 48 Italy : LDIP 1995 art Liechtenstein: LDIP 1996 art. 39 and 52 France: jurisprudence Switzerland : CPIL 1987 art. 138

12 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Art. 138 Swiss CPIL e. Nuisances Claims arising from nuisances emanating from real property shall be governed at the option of the injured party by the law of the State in which the real property is located or by the law of the State in which the effects of the nuisances occur. Choice of law

13 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs Austria: law of the State where the damage occurred Germany and Italy and Switzerland: choice of law France: The law which is the nearest to the damage. Liechtenstein: The law of the State where the damaging act was caused. Choice of law

14 FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability Protocol Warsaw, Poland, January 2006 Regulations on liability under other MEAs 1.Choice of Court according to the Lugano Treaty 2.Choice of Law according to the relevant domestic Code on International Private Law. 3.The judgement will be mutually recognized and enforced. Summary


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