الآليات الحديثة لإثبات الرابطة السببية في مجال الضرر البيئي الناجم عن نشاط شركات تصفية النفط الخام في إقليم كوردستان-العراق: دراسة مقارنة

الملخص EN

Since 2007, a significant number of private sector refineries have been refining crude oil without any legislative basis, legal regulation and obtaining administrative license.

Likewise, they do not consider any global standard to protect the environment from pollution and also people health during practicing their activities which the environment and people may be seriously injured The basis for compensation regarding the injured people by the crude oil refining companies is the general rules stipulated in the Iraqi Civil Law.

Based on these rules, in other words, the plaintiff must prove the causation as one of the elements of civil liability.

This means that the means can be used by the injured are the traditional mechanisms including the theories of effective cause and equivalent causes.

The damage like other social phenomena, however, is not due to one cause or factor; rather there are many factors that participate in resulting it.

The difficulty appears more when several factors and causes overlap in their importance and in the degree of their connection with the act, actor and injured.

Therefore, in these cases the two traditional theories which are already mentioned might not be appropriate methods to prove the causation.

To overcome this issue, therefore, this study applied an analytical and comparative approach to explore the modern mechanisms that exist in modern legislation and the American Judiciary in which the plaintiff can prove the causation through them.