الطبيعة الذاتية لدعاوى المسؤولية والتعويض عن الأضرار البيئية

Abstract EN

The subjective nature of liability claims and compensation for environmental damage raises a number of problems, such as the difficulty of determining the identity of the person responsible, the difficulty of determining the damage causing liability, the difficulty of proving the causation relationship, as well as the difficulty of compensating and repairing the damage; and what is related to the subjective nature of these claims is the impact of the international character and the foreign element in determining the competent judiciary, the applicable law, and the procedures that must be followed in proceeding with the claim.

In addition, there is an interference between the provisions of civil liability and the provisions of criminal liability the environmental damage.

Finally, we find that there is a kind of privacy in claims of responsibility for environmental damages that affect common resources or what is called the common heritage of humanity.