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Abstract

The convention on liability and compensation for damage in connection with the transport by sea of hazardous and hoxious substances (the HNS Convention) employs the following concept of damages: - loss of life, bodily harm, damage to property and the environment; - loss of profit or income; - the cost of prevention and the cost of restoring the status quo before pollution. The author discusses the institution of "damnum emergens" in the context of loss of life, bodily harm and damage to property. The character of ecological damage makes it impossible to institute a process of complete restitution. Repairs carried out to the environment should be "as far as is possible" and should make it possible once more to implement public laws.
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Authors and Affiliations

Małgorzata Dąbkowska
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Abstract

Along with liability for breaking the law, international law recognizes the liability of states for legal activities. The legal liability of a state has taken on increasing importance in the law of the sea and in maritime law. In both normalizations have taken place relating to, inter alia, the liability or co-liability of a state for ecological damage, and also the liability of a state for entities that exploit the sea bed, or what is under the surface of the sea bed, outside the jurisdiction of littoral states. In an approach to these issues, the Commission for International Law agreed in 200 I on a further project for regulations on preventing cross-border damage resulting from dangerous activities.
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Authors and Affiliations

Małgorzata Dąbkowska

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