International liability for environmental damage

الملخص EN

It is well established that environmental problems have characteristics that distinguish them from others in terms of their diversity and relationship to each other, or in terms of the extent of the damage caused, which are difficult to estimate or even to know their impact, as well as other legal problems relating to the identification of the parties to the dispute or the court competent to hear such cases, or those legal rules applicable to international environmental disputes.

Perhaps the concern for the environment and its issues, including (international responsibility for harm and its convening) was not a topic raised at the level of international legal research until the beginning of the last third of the twentieth century, and even the term environment did not appear in the international legal presence clearly until the preparatory stage for the United Nations Conference on the Human Environment held in Stockholm in 1972, hence the fact that real international interest in the environment began to be an important subject in international law, which led to this concern.

On national and international legislation on the need to establish legal rules in protecting the environment and repairing the damage caused by others If it is easy to establish a system of responsibility in domestic law, and to determine whether the nature of the environment is so simple in international law, because of the absence of a supreme independent authority over States, it has a legitimate authority to determine the system of responsibility, enforce respect for international law, and it becomes more complicated when it comes to the rules of international responsibility for environmental damage, because of the novelty of the environment in the international legal arena, and the characteristics of the environment, which consist of a complex set of elements, as well as the damage done to it.

He is still in the dark and the precise legal determination of what it is.

International jurisprudence and jurisprudence have unanimously agreed on the conditions for international responsibility in order to be contrary to the rules of international law, whether in its positive or negative capacity, and to attribute that violation to a person of international law, and as a result the damage is done by that violation, to the extent to which the question is applied in establishing international responsibility for environmental damage, and how adequate it is