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National and Regional Rules versus International System for Damage Assessment

Workshop on Environmental Damage Vigo, 11-13 July 2005. National and Regional Rules versus International System for Damage Assessment. Michel Girin, Cedre, France. A FAR FROM EQUAL WORLD. Countries have highly different approaches to catastrophe management

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National and Regional Rules versus International System for Damage Assessment

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  1. Workshop on Environmental Damage Vigo, 11-13 July 2005 National and Regional RulesversusInternational System for Damage Assessment Michel Girin, Cedre, France

  2. A FAR FROM EQUAL WORLD Countries have highly different approaches to catastrophe management Members of a regional group have a closer approach

  3. Facing a natural catastrophe A forest fire, a flood, an earthquake, a tsunami There is no liable party There may be damages to life, property, economy, the environment

  4. In France and in many other industrialised countries Human life, property and economic losses : declaration of natural catastrophe siuation opens access to a “unlimited” national natural fund financed by a levy on private insurance (home, etc.) Environment : taken care of by State budget See Dec 1999 storm in France

  5. In poorer countries No national natural catastrophe fund State budget can do little Aid is sought or accepted from the International Community See recent Tsunami in Asia

  6. Facing an industrial catastrophe National, company controlled nationally (ex : Toulouse) National, company under foreign control (ex : Aznalcollar, Bhopal) Transboundary, private or public (ex : Baia Mare, Chernobyl)

  7. A transboundary pollution Rupture of storage tank, Baia Mare Gold Mine, Rumania, 2000  100 000 m3 of waste mud in Danube (cyanid, heavy metals…), three countries impacted (Rumania, Serbia, Hungary) Company under Canadian control, Impacted countries future EU entrants EU aid + procedures against local company in Rumania and mother company in Canada

  8. Pollution by ships Ships sail worldwide Odds are that pollution will most probably come from a foreign ship = legally transboundary, if not physically transboundary

  9. A community of interests Shipowners, charterers : looking for worlwide common treatment Affected countries : looking for an acceptable compensation without the delays and costs of suing the responsible party in its country A worldwide system

  10. Positive aspect of the system It exists Without it, economic operators in poor countries would hardly get any compensation Impact studies would not be made Restoration actions would not be implemented

  11. Negative aspect of the system It moves at the speed of its slower members Why a limit ? Why no emergency decisions ?

  12. Options for those in the head groups Keeping out of the system : the US approach (OPA) Lobbying for future changes in the system and making with the existing : the EU approach (the 3rd level Fund and...)

  13. Improvising emergency solutions : France State will step back until all other victims have received compensation Economic operators : no interest loans repayable after reception of compensation

  14. Improvising emergency solutions : Spain Repayment of expenses of public bodies Compensation of damages of economic operators

  15. The consequence Governments pay/advance on their own standards, with public money What standards ? They turn later to the International compensation system for repayment What about their part of responsibility ?

  16. The diversity of expertise • National experts of the response authority in charge • Independent experts, trusted by the media, associations, wary authorities • International experts brought in by the polluter and related parties •  Decision makers and the Public get lost

  17. Understanding diversity • Experts, working from the same facts, using the same best applicable rules  Should come to the same objective conclusion (the Truth) • Differences in interpretation of facts, in choice of applicable rules, different working environments  Generate some divergence in conclusions (aspects of the Truth)

  18. Damage assessment seen from the European angle of view Experience : undeniable (UK) EU support : clear (F, D) Involvement of International compensation system : not sought (money lacking) but not refused

  19. The conclusion Going ahead regionally building our own rules not against the International compensation system but accepting that our rules may exceed its aceptability standards

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