Environmental Risk Management for Major

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Издателство:Sweet & Maxwell
ISBN:9781908239211 Тегло (гр.): 681 Формат: 200/ 260 Състояние: Мн. добро
Environmental Risk Management for Major


Chapter overview iv
Foreword Louise Moore Herbert Smith Freehills LLP v
Australia Peter Briggs & William Oxby Herbert Smith Freehills 1
Austria Bernd Rajal & Christian Schmelz Schönherr 17
Bulgaria Stefana Tsekova & Veselá Valkova Schönherr 31
Canada Jonathan Kahn & Lindsay Aagaard Blake, Cassels & Graydon LLP 45
Chile Gonzalo Jimenez Carióla, Diez, Perez-Cotapos & Cia Ltda 55
China Anna Howell, Monica Sun & Hao Su Herbert Smith Freehills LLP 71
Colombia Luis Gabriel Pérez de Brigard, Eduardo del Valle Mora, Andrés Velez 91 Serna & Ana María López Hernández Brigard & Urrutia Abogados SA Germany Dr Andreas Neun & Dr Roland Hartmannsberger Gleiss Lutz 105
India L Viswanathan Amarchand & Mangaldas & Suresh A Shroff & Co 121
Indonesia Alison Battisson, Ninditya Prijono & David Dawborn 133
Hiswara Bunjamin & Tandjung Italy Filippo Pacciani, Francesco Bruno & Valentina Fanelli 147
Legance Studio Legale Associato Japan Minoru Ota Nagashima Ohno & Tsunematsu 161
Mexico M Jorge Yanez, Juan Francisco Torres-Landa, Brenda Rogel & 181
Jeanett Trad Barrera, Siqueiros y Torres Landa, SC
Nigeria Ken Etim & Ayodele Oni Banwo & Ighodalo 193
Norway Dag Erlend Henriksen, Tonje P Gormley & Eivind Aarnes Nilsen 211
Arntzen de Besehe Advokatfirma AS
Oman Syed Ali Naveed Arshad & Stephen T Sayer Said Al Shahry & Partners 225 Advocates & Legal Consultants
Poland Sergiusz Urban, Jakub Jşdrzejak, Magdalena Kaliňska & Klaudia Frqtczak 237 WKB Wierciñski, Kwieciňski, Baehr, sp к
Qatar Salman A Al-Ansari, Hossam F Khamis, Amal A Mohammed, Richelle 255 R Segura & Bilal О Fannoun Al-Ansari & Associates
Romania Monica Cojocaru & Anca Velicu Schönherr si Asociatii SCA 269
South Africa Marius Diemont, Garyn Rapson & Kirştin Gilmour Webber Wentzel 281 Spain Ignacio Paz & Iria Calviño Herbert Smith Freehills Spain LLP 295
Turkey Hergüner Bilgen Özeke Attorney Partnership Kemal Mamak & Alper Koç 311 UAE Louise Moore, Justine Reeves & John Buttanshaw Herbert Smith Freehills LLP 327 United Kingdom Louise Moore & Jonathan Harwood Herbert Smith Freehills LLP 343 International standards, guidelines and conventions Louise Moore, 365
Jonathan Harwood, John Buttanshaw & Kevin O’Connor Herbert Smith Freehills LLP Contact details 385

Herbert Smith Freehills LLP Louise Moore
Environmental risk management has always been a core component in major projects - but never more so than in recent times. The Macondo well blow out in 2010 and the Fukishima disaster in 2011 provided fresh stimulus for the way that governments, regulators, corporates, NGOs and citizens examined environmental regulation and liability. Detailed assessments were undertaken as to whether regulations and processes were fit for purpose and what law reforms, and changes in practices, were necessary to fill identified gaps.

Law firms like ours were never busier on this issue. We worked with other lawyers all over the world - in all continents - in a plethora of jurisdictions, helping companies develop the most robust of regulatory risk assessments and processes; relating not just to project development but also extending to operational and safety risk, which is critical to project success.

Whatever the project type, wherever the jurisdiction, common questions emerged:

• What are the legal risks which could seriously endanger the project or the project company?

• What risks do group companies face as a whole - can parent company liability be imposed?

• What are the reporting obligations?

• What is the prospect of personal liability, for those on the board and for others?

• What do project financiers, shareholders, partners, and external stakeholders require of companies?

Many other questions in a similar vein were raised.

Information is not always easy to access, and laws and enforcement attitudes are evolving rapidly, often in a reactionary fashion, around the globe. So when the European Lawyer asked me to assist with an environmental book of international relevance, the subject matter of the book was self-evident.

Such a title can never be complete, but we have endeavoured to bring together the key issues in many of the key jurisdictions. From local and international laws and conventions through to international finance standards such as the Equator Principles and associated requirements; from the Green Scorpions enforcing in South Africa and the creation of an Environmental Fund in Romania (with the hypothecation of a range of environmental taxes and levies) through to an examination of how Fukishima liability issues are being addressed in Japan are discussed in this guide.

The book has been fun to compile and I hope both interesting and informative to read. Health, Safety and Environment is now considered the number one business risk for projects and for the many businesses operating in high risk sectors. I very much hope that this book will provide a useful tool for those engaged with environmental risk management in these fields - and that it can be built upon and improved going forward to take on board new risks, insights and feedback.

I would like to thank all of the leading practitioners in the many countries who have worked so diligently to compile the chapters in this book. All of the contributors to this volume welcome feedback from the reader on how the coverage of issues may be improved going forward.

I would also like to thank the Reference Book Team at the European Lawyer without whose continuing support this book would not have been published.

Louise Moore,

October 2012

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