The Adequacy of The Civil Liability Rules for Harmful Acts to The Environment

Abstract

This research focuses on examining the (traditional) civil liability rules based on proving or assuming fault and the extent to which these rules cover environmental damage resulting from technical development that causes a change in the nature of the acts causing environmental damage, which led to the insufficiency of the (traditional) civil liability rules in covering various types of Elements of environmental damage. In light of the legislator’s neglect to establish special rules that are compatible with the nature and characteristics of these damages and their resulting effects, which created a legislative vacuum that the legislator must address by adopting new foundations for building environmental civil responsibility capable of protecting the environment and humans on the one hand and compensate the injured on the other hand, and thus the research includes a number of recommendations that would address legislative deficiencies in a way that achieves appropriate legislative treatment on one hand, and ensures reparation for damages in accordance to the rules of justice.