Extending the Frontiers of Tort Law: Liability for Ecological Harm in the French Civil Code

Abstract

AbstractIn August 2016 the French Parliament adopted legislation introducing civil liability for ecological harm into the civil code. Since tort law is traditionally concerned with the compensation of harm to individuals, the recognition of ecological harm as a basis of liability extends the boundaries of tort by requiring an alternative approach to what constitutes harm, who will have standing to bring claims and what remedies are appropriate. Through a discussion of the French reform, this article analyses the issues raised in adapting civil liability to deal with ecological harm and considers how French law seeks to overcome the challenges that these issues present. The article also reflects on whether the new civil code provisions are likely to provide an attractive model for reform in other legal systems by considering the extent to which they may represent an effective additional source of environmental protection in France and prove financially sustainable.