WTO litigation; procedural aspects of formal dispute settlement

As regulation bites and pressure-groups, government, regulatory bodies and groups of individuals become ever more active in pursuit of environmental standards, so the field of environmental litigation looms larger on the list of possible hazards that any company, large or small, faces. They must now be aware of not only their potential liabilities under law, but also how to combat what are frequently lawyer-led actions, exposing defendants to potentially enormous costs. This book, written by partners at Nabarro Nathanson, details the various ways in which companies can prepare themselves for such an action, and covers: Potential liabilities for environmental law including tortuous liability, statutory liability, criminal liability and liability for breach of European legislation; the considerations for companies prior to litigation; the law relating to standing; the law relating to the taking of samples by an enforcing authority or a third party. Drawing on personal experience, the authors detail the lessons learnt from previous cases (generally from the defendant’s point of view) and provide an overview of the various strategies which may be adopted.