INVESTIGAÇÃO

Team

Principal Investigator

Researchers in the Group (PhD Only)

Other Researchers in the Group (PhD Only)

Other Researchers in the Group (non PhD)

Future Research Goals

2007-2010

Project
This project intends to study the ecological damages caused to the coast and the sea by human activities. Its main objective consists in researching and examining the possible forms to prevent, repair and compensate such specific damages, searching for a more operative and effective liability regime and bringing to debate alternative, renewed and more adequate juridical instruments.

Causation, tolerability, acceptability and the complexity of these particular environmental damages are some of the specific objectives of this research, looking for the most adequate legal forms that can assure effective prevention and reparation.

Assessing the damage methodologies; proof study; jurisdictional and alternative procedural instruments and resolution mechanisms for litigious situations; rehabilitation and ecological compensation of damaged sites; extra-patrimonial ecological damages; mandatory financial guarantees, insurance, re-insurance and funding; determination of responsible parts; criminal and administrative punishment; effectiveness of environmental principles such as polluter pays or precautionary principal; State liability; national (e.g. POOC) and international (e.g. Intern Treaties) Law analysis, among many other specific subjects, will receive special attention from the researchers, trying to contribute to this most important debate and believing they can enrich Law Science a little bit more.

Scientific/Social interest
Climate changes, chaotic urbanism, important part of population concentrated on the coast and maritime pollution, just to quote some of the main causes, are responsible for great damages to coastal land and ocean, drastically affecting biodiversity (flora/fauna), dangerously poisoning water or producing catastrophic erosion of coastal line, with terrible effects in our lives. All these environmental harms need to be prevented and, when consummated, must be repaired and compensated.

Beside necessary scientific treatment of these problems affecting us all, Governments have to put in act adequate political measures, producing laws, signing international Treaties, respecting and implementing them efficiently. Although, to achieve these fundamental purposes, researchers have to built the legal grounds of this new juridical object, arising from the mass society that some call post-modern (Sousa Santos; Arnaud) and others risk society (BECK). Ecological damage perfectly incarnates the risks characterizing this new paradigm (Sousa Santos; Arnaud) and calls for solutions capable to answer to the increasing challenges.

The project will allow new juridical concepts, revisiting classic law institutions, instruments and mechanisms needing adjustment to risk society requirements. It will also fortify and perfect theoretical fundamentals as essential means to elaborate coherent and efficient juridical tools, supporting correct legislative technique.

Outcomes

at least