إشكالات تحديد الأساس القانوني للمسؤولية الدولية عن التلوث البيئي العابر للحدود

Abstract EN

The issue of environmental pollution has become one of the most complex problems facing the world today due to the specificity of the resulting damages, This is what prompted the legislation to seek to reduce the severity of the damages resulting from environmental pollution, as the legalization of this problem has become one of the priorities that countries seek, Regardless of whether or not it contributed to the destruction of the environment.

The specificity of environmental damage proved the difficulty of applying the rules of civil liability in their traditional nature, such as the difficulty of proving the harmful act, the characteristics of the environmental damage, and the difficulty in estimating the causal relationship between the harmful act and the damage, Therefore, it was necessary to deviate from the general rules of civil liability in establishing international responsibility for environmental pollution damages, by searching for new foundations in the establishment of international responsability, the jurisprudence created both the theory of harmful action and the theory of risks, which were adopted by both the judiciary and national and international legislations that regulate international responsibility for environmental pollution damages.