Abstract
In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.
Highlights
The environment is an extremely vast and complex entity and is suffering from harmful human impact, leading to the destabilization of the environment
Some legal issues on compensation for environmental damage of the Environmental Liability Directive (ELD) and identify other liable parties.”27 This provision allows Member States to expand the scope of the ELD by adding activities that strictly follow the liability rules in addition to those listed in Annex III28 or the strict rules, even excluding biodiversity destruction
The compensation limits received by manufacturing companies seemed to increase steadily, from an average of 4,5 million euros in 2006 to more than 8 million euros in 2014.74 Businesses operating in the energy, waste and industrial industries have increased the compensation limits for environmental risk insurance policies to meet the implementation of ELD
Summary
The environment is an extremely vast and complex entity and is suffering from harmful human impact, leading to the destabilization of the environment. This article looks at the system of regulations in the legal documents, only researching practical implementation at a relative level Through these studies, the authors will propose solutions to guide the improvement of Vietnamese law on environmental damage compensation in civil cases. Some legal issues on compensation for environmental damage related to contractual and non-contractual agreements; within the scope of this article, the authors will not study contractual compensation, but instead focus on compensation for environmental damage caused by polluters, and the study of non-contractual civil liability compensation In this context, this article can be considered as a scientific study of the correlation and comparison of Vietnamese law with the European Union in some aspects of environmental damage compensation. Systematic research of fundamental theoretical issues, a comprehensive review of the current legal provisions on environmental liability due to environmental pollution from a legal analysis of the European Union will offer Vietnam many valuable experiences and lessons for developing and improving Vietnamese law in general and the law on civil compensation for environmental damage in particular
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