القانون الواجب التطبيق على المسؤولية التقصيرية عن الضرر البيولوجي : دراسة مقارنة

Abstract EN

Biological damage is the problem of the modern age and a common danger threatening the existence of the world, both states and individuals, because of the use of modern technology and the industrial development, which depleted and contaminated natural resources so much that such damage has become a threat to the life of humans and a danger that may cause the extinction of many living beings.

Civil fault liability plays a key role in prevention biological damage by imposing it on anyone exceeding the limits of using the rights granted to him and violates legislature orders.

This means that individuals right to live in a society is restrained by the obligation of not contaminating the environment with smokes, lethal gases, and toxic materials, as well as genetically-modified creatures, which may negatively impact biological diversity.

Given that biological damage is a cross-border one, liability for biological damage raises a problem related to the extent of determining the law to be ISSN-2521-4675 132applied, as the time, location, or the causing act may delay or be difficult to identify.

In order to identify the law to be applied to such liability, this paper is divided into two sections.

Section one examines the traditional trends in identifying the law to be applied to liability, while section two shows the modern trends in in identifying the law to be applied to liability.

Key words: conflict of laws, liability, biological damage, biological diversity