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Research In UK Environmental Nuisance Law

Posted on:2012-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z R QiFull Text:PDF
GTID:2216330368488728Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
Nuisance (also spelled as nocence, and in French spelled as noisance, comes from the Latin nocere, meaning as harm or damage) is a common law tort, and also is an offense, derangement, interference or harm caused to others. Nuisance is unique to common law system countries, which has a long history in infringement of common law, and there is no similar system in corresponding in civil law. The "public nuisance" is defined, by British scholar Mr. Stephen, as "a performance that causes obstruction, inteference or damage to public interests in the realization of the general right without any legal authority or obligations ", while the "private interference" refers to the behavior that may cause obstruction, interference or damage to certain specific subjects.Nuisance is well known in common law as one of the oldest circumstance of law tort, the case of which could be traced back to the establishment of case law in record. In the early days of British common law, nuisance falls under the scope of property law. As the progress of industrialization and urbanization, the concept of environment nuisance comes into being.The origin of this intrusion on the environment and development are reviewed; and other violations of environmental intrusion, the distinction between acts of infringement; were elaborated intrusion in the private environment harassment, the balance mechanism of public harassment, defenses and relief system, reviewed Environmental intrusion of the legal harassment of the historical background and the generation of the British Parliament passed the bill process. Interference with the legal status of the environment, said British Environment Enlightenment harassment law that should be both private and public law on the harassment of the method of improving the environment.
Keywords/Search Tags:Environment Nuisance, Environment Protection, UK Environment law
PDF Full Text Request
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