Distinguishing Between Civil Liability and Environmental Damage Liability

Journal of Research in Ecology, 2018

15 Pages Posted: 27 May 2020

See all articles by Mehrzad Jamshidi

Mehrzad Jamshidi

affiliation not provided to SSRN

Mansoor Pournoori

affiliation not provided to SSRN

Abbas Poorhashemi

Canadian Institute for International Law Expertise (CIFILE)

Date Written: 2018

Abstract

The increase of community awareness about the effective and favourite role of the environment in humans’ social life and the threats resulting from unsustainable development, endangering the domain of human life has necessitated environment protection as one of the main concerns of human society in the last decades. This fact requires a new and real approach to the environment, in particular, it's legal regime focuses on the protection of the environment. The civil liability is one of the main instruments of legal regime is not capable of protecting the environment and outcome of operation of civil liability instruments in scope of the environment does not have effective result in relation to the environmental law, It is essential to analyze environmental damage liability according to the identification of the environment, with a a short analysis of basic elements of the civil liability and current problems, and recognizing weak points of civil liability in global scale and universal expectations confronting environmental challenges. This research tries to identify autonomy of the environment by drawing environmental liability principles and discerning its intrinsic nature and dividing it into general and specific liability considering its aim which is different from civil liability. Obviously, in order to distinguish between civil and environmental liability, it is necessary to briefly examine the philosophical foundations of the responsibility

Keywords: Environment, Liability, Civil, Damage, Responsibility, Intrinsic responsibility.

Suggested Citation

Jamshidi, Mehrzad and Pournoori, Mansoor and Poorhashemi, Dr. Abbas, Distinguishing Between Civil Liability and Environmental Damage Liability (2018). Journal of Research in Ecology, 2018, Available at SSRN: https://ssrn.com/abstract=3588615 or http://dx.doi.org/10.2139/ssrn.3588615

Mehrzad Jamshidi (Contact Author)

affiliation not provided to SSRN

Mansoor Pournoori

affiliation not provided to SSRN

Dr. Abbas Poorhashemi

Canadian Institute for International Law Expertise (CIFILE) ( email )

2 Bloor West
Toronto, Ontario M4W 3E2
Canada

HOME PAGE: http://cifile.org/

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