النظام القانوني للضرر البيئي

Abstract EN

The damage according to the general rules of civil liability is characterized as: direct, personal, certain.

It is not possible to claim compensation before the courts unless these conditions are met.

The damage that affects the environment is confirmed and indisputable, and studies and scientific research verify and confirm it.

Despite this, it remains that the various national and international legislations have not set a specific definition of environmental damage that can be dealt with and the necessary effects arranged on the basis of this definition.

The difficulty of finding a definition of environmental damage lies in the subject of the damage itself, because it is not personal, as the environment is not a legal person who has the right to sue.

It is diffuse damage, and it is difficult to determine who caused the damage, and it is not possible to determine the responsibility of each party in many cases.

All these advantages make the damage to the environment not result in legal effects except in rare cases, and according to general rules that are not compatible with this particular type of damage except in rare cases.

Repairing damage and financial compensation is one of the most important forms of compensation, even though the environmental damage is more serious and greater than the possibility of repair or compensation.

Defining the concept of environmental damage is an urgent necessity and adapting the laws on civil liability to be in line with this new type of damage and the most dangerous to human life.

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