Liability For Environmental Damage Research Articles

The Role of Administrative Law in Safeguarding the Environment: A Jordanian Perspective Administrative Law and Environmental Protection in Jordan

Objective: The primary objective of this study is to scrutinize the role of administrative law, particularly the administrative judiciary, in safeguarding the environment within the Jordanian legal framework. The study aims to elucidate the mechanisms through which the administrative judiciary exercises oversight over administrative and regulatory authorities and to delineate the legal foundations underpinning administrative liability for environmental damages. Theoretical Framework: The theoretical underpinning of this study is anchored in the jurisprudential doctrines of administrative law and environmental governance. The study explores the intricate relationship between administrative jurisprudence and ecological stewardship, particularly in Jordan's unique environmental challenges and legal landscape. It posits that the administrative judiciary serves not merely as a procedural instrument but as a substantive agent of ecological governance. Method: The methodology employed is a rigorous legal analysis, incorporating a review of Jordan's statutes, regulations, and judicial decisions relevant to environmental protection. The study also draws upon secondary sources, including scholarly articles and commentaries, to comprehensively understand the subject matter. Result and Conclusion: The study reveals that the administrative judiciary in Jordan plays a pivotal role in environmental protection. It serves a dual function: as a guardian of environmental integrity and an oversight body for administrative regulatory authorities. The study also highlights the adoption of the doctrine of strict liability in the Jordanian legal system, emphasizing its significance in holding the administration accountable for environmental harm. Research Implications: The findings of this study have far-reaching implications for the development of environmental policy and legal frameworks in Jordan. They underscore the need for a more integrated approach harmonizing administrative law principles with environmental governance objectives. This necessitates reevaluating and recalibrating existing legal mechanisms to ensure they align with sustainable development principles and ecological justice. Originality/Value: The study offers a novel contribution to the existing body of literature on environmental law in Jordan by focusing on the often-overlooked role of the administrative judiciary. It provides a nuanced understanding of the complexities involved in environmental governance and offers a theoretical framework that could serve as a foundation for future research in this domain.

Liability issues for environmental damage caused by military aggression of a terrorist country

The article focuses on the issues of liability for environmental damage caused by the military aggression of a terrorist country. The subject matter of the study is the impact of the consequences of military aggression against Ukraine on the state of its natural resources, the legal characterisation of these consequences in terms of liability and issues related to compensation for the damage caused. The purpose of the study is to outline the problems arising in the course of legal determination of the possibility of bringing a terrorist country which deliberately destroys natural resources to legal liability, and the difficulties arising in determining the extent of environmental damage caused. The research methods used, in particular, logical-semantic and dialectical, made it possible to consider the main features of the concept of “ecocide” as a crime against humanity and its direct connection with the genocide of the Ukrainian people.
 The relevance of the topic is due to the fact that the negative environmental consequences of hostilities violate the norms of both Ukrainian and international law and have all the signs of ecocide, which is currently considered a crime exclusively at the level of national legislation. It has been concluded that it is possible to ensure the responsibility of the aggressor State for environmental damage through the establishment of a special international tribunal. The factors that make it difficult to determine the amount of environmental damage caused in order to ensure its further compensation have also been identified. These factors include: a significant area of damage; species diversity of natural resources that were damaged (soils, subsoil, water bodies, atmospheric air, flora and fauna, territories and objects of the nature reserve fund); the connection of natural resources, which contributes to the spread of negative effects on the environment; the international nature of environmental damage; the long-term consequences of environmental damage; the fact that it is impossible for state authorities and civil society activists to record the full extent of the negative environmental impact of hostilities due to the existing danger.
 A conclusion has been made that it is necessary to take these factors into account when developing terminology for environmental damage caused by military actions. It has also been proposed to take a number of practical measures aimed at ensuring compensation for environmental damage, in particular: to recognise the fact of environmental terrorism as part of ecocide, which is combined with genocide of the Ukrainian people, at the national and international levels; to introduce a system of continuous monitoring and recording of the damage identified; to develop methods for assessing the impact of terrorist actions on the state of each individual natural resource, taking into account the possibility, necessary means and expected timeframe for restoration to a state suitable for their intended use; to apply political and economic levers based on international law to ensure compensation for environmental damage caused by a terrorist country.

Legal Regulation of Civil Liability for Environmental Damage: How Appropriate are Civil Liability Provisions with the Privacy of Environmental Damage?

The study analyzes the nature of civil liability resulting from environmental damage, because the risk of environmental pollution is one of the dangers that cannot be counted or predicted. Therefore, it is difficult to determine the legal basis on which it is based in the field of pollution. Traditional wrong-based liability rules do not respond to the tort-based environmental policy objectives in order to avoid environmental damage and ensure effective protection for those affected. This made the provisions of civil liability in the Jordanian Civil Law no longer commensurate with the specificity of environmental damage, especially since the situation requires compensation for damage to the environment itself and to the health and property of individuals. In addition, it is not hidden that there are shortcomings in the provisions of the Jordanian Environment Protection Law No. (6) of 2017. Its provisions included preventive and remedial measures for environmental pollution without considering the issue of compensation for environmental damage in a manner consistent with the nature and specificity of this damage. This requires the development of these rules in a way that commensurate with the nature of environmental damage.

Influencing Companies’ Green Governance Through the System of Legal Liability for Environmental Infractions in China and Brazil: Lighting the Way Toward BRICS Cooperation

As a platform of cooperation among its member states, questions of whether or how the BRICS alliance can influence and shape the global governance system and improve their internal governance systems have often been raised. In the process of exploring the role that the law can play in this context, comparative studies on the laws of the BRICS member states, particularly in the defined areas of cooperation, are an important perspective to be addressed in order to be able to contribute to the improvement of their internal governance systems. However, much work remains to be done on this perspective. This article partially fills this gap by conducting a comparative study related to one of the BRICS areas of cooperation – sustainable development – between two of its members: China and Brazil. Specifically, it compares how both states, as stakeholders, use the legal regime of liability for environmental infractions to influence the green governance of companies. The article, therefore, uses comparative legal methodology, using as its objects of research relevant legal provisions on legal liability for environmental infractions gathered from the legal systems of China and Brazil. The adoption of strict civil liability, liability for environmental damages per se and the extension of criminal liability to legal persons are among the similarities found. As for the differences, it finds that, as a principle, Chinese law shields directors and senior officers from liability toward third parties, while Brazilian law fully extends such liability to these entities; additionally, in the Chinese legal system, the burden of disproving causality between the harm and the activity that caused it falls upon the actor, while the Brazilian legal system adopts a double-standard approach for collective suits and individual suits; and finally, the Chinese law imposes a legal obligation to adopt what, in effect, is close to a corporate environmental management system, while the Brazilian legal system lacks a similar mandate.

Liability for environmental damage: the civil law aspect

The problems of liability for environmental damage are investigated. Attention is paid to the international nature of the problems associated with compensation for environmental damage, the inadmissibility of establishing territorial boundaries in the problem of environmental protection. The characteristic of the main international organizations related to environmental protection is given, the factors influencing the international cooperation in the field are analyzed. Particular attention is paid to the problem of developing the system of management in the field of environmental protection and bringing to civil responsibility of entities that cause damage to natural objects. The article justifies the necessity of strengthening international cooperation in a number of directions in the sphere of environmental protection, elaboration of a unified approach to the understanding of environmental damage and its structural components, as well as elaboration of unified rules at the international level for determination of the amount of compensation payments, exacted from the inflicter of damage and aimed at compensation for the environmental damage caused.

Environmental insurance and ISO 14001 Environmental Management Systems – analysis of the willingness to implement systemic solutions relevant to insurance

The first purpose of the research was to assess the dependence between the organisational decision-makers willingness to implement systemic solutions relevant to insurance (RSSs) and the attributes (systemic, awareness-related and organisational) of an organisation managed in accordance with ISO 14001. Another purpose was to identify the motivators that drive entities to implement additional system elements.Earlier studies suggest that the structures of currently implemented ISO 14001 EMSs should be modified in order to increase their utility for the process of insurance provision. The research problem was solved based on data obtained through an online survey among organisations implementing and certified ISO 14001 EMSs in Poland. Depending on the type of variables, the independence chi-square test, U-Mann-Whitney test, and the test of Spearman’s rank correlation, among others, were used for analysis. The results of the study may help build integrated environmental risk management tools. They indicate the legitimacy of using non-insurance motivators (e.g. reduction of environmental fees) to achieve the desired EMS structure in the organisation from the insurers' point of view. At the same time, they emphasise the need to build environmental risk awareness (including, among other things, the risk of liability for environmental damage and its severity) to achieve the above.

Double-Faceted Environmental Civil Liability and the Separate-Regulatory Paradigm: An Inspiration for China

The recognition of the intrinsic value of the environment and natural resources contributed to the establishment of liability for damage to the environment per se, which, coupled with the traditional environmental tort liability, constitute the double facets of environmental civil liability. Although the two facets share some common characteristics, their distinct focuses indicate that they cannot be fully covered by tort law or environmental law systems alone. As a result, an international trend toward the regulatory approach to environmental civil liability, which is referred to in this article as the “separate-regulatory paradigm”, is emerging. In such a pattern, as followed by the United States (US) and the European Union (EU), environmental tort liability and liability for environmental damage are mainly regulated by tort law and environmental statutes, respectively. However, China, relying substantially on its civil law system to address liability for environmental harm, seems to deviate from this paradigm. This article analyzes the significance of the separate-regulatory paradigm and argues that it has profound implications for China. This article suggests a separate statutory liability scheme that moves beyond the existing Chinese civil law framework to achieve the full recovery of environmental damage.

Perspective of conferring objective character to contraventional and criminal liability for deeds causing environmental damages

In the situation when the ways of harming the environmental components have lately become more sophisticated and difficult to detect and endanger the existence of man on earth, the legal mechanisms of environmental protection should also change their appearance and become much more aggressive and ruthless. They should be applied without taking into account certain rules and presumptions behind which the perpetrators have long been hiding. Although both criminal law and contravention law cannot disregard the principle of the presumption of innocence, the principle of humanism, the principle of individualization of liability, currently they must be overshadowed in favor of substantiating the principle of objective liability for environmental damage in all forms of liability. For this, the consecration of the given method of liability must be based on serious and difficult to combat arguments, which arise from the specifics of the damage, the findings, damage assessment, disclosure of the perpetrator, as well as the irreversibility of the affected environmental components.

Determination method of environmental damage liability insurance underwriting coverage of offshore factory wastewater based on OTUS

Determination method of environmental damage liability insurance underwriting coverage of offshore factory wastewater based on OTUS

The landfill from nickel production in Danubian Lowland and its environmental implications

Abstract The main objective of the paper is to point out to the origin of the waste from the production of nickel at the landfill in Sereď and its physical and chemical properties that affect the environmental conditions of the site. The landfill of metallurgical technological waste in Sereď is the second largest landfill for non-ferrous metallurgy in Slovakia (Central Europe). It is located in the northern part of the Danubian Lowland, southwest of the industrial zone of town Sereď. We divided the research into two phases. The preparatory phase consisted in obtaining all available archival materials for the years 1956−1993, so from of the construction of the plant to the end of production. The production was lasting from 1963 to 1993. The second phase concerned field research and was associated with sludge sampling for laboratory analysis. The results of the analysis identified the physical and chemical properties of the sludge as well as the possibilities of its use in some sectors of the economy. The production process in the nickel smelter was stopped in 1993 due to economic (annual state production subsidy was CZK 250 million) and ecological reasons. The landfill at the city’s industrial zone has remained to this day, but it was sold to a private company in 1994, thus relieving of the state’s liability for environmental damage.

TANGGUNG GUGAT ASURANSI TERHADAP KERUSAKAN LINGKUNGAN HIDUP DI INDONESIA

Insurance liability for environmental damage has been accommodated in Law Number 32 of 2009 concerning Environmental Protection and Management. However, in its implementation there are still many shortcomings and obstacles, both internal and external factors. This journal discusses the implementation of insurance liability for environmental damage in Indonesia according to Law No. 32 of 2009 and the development of the implementation of insurance liability in Indonesia for environmental damage compared to Singapore and Poland. To obtain complete and accurate data in this study, the author uses normative or doctrinal legal research. Environmental Insurance is very important. However, in its development, environmental insurance is still considered new for Indonesian citizens. In its own implementation environmental insurance is still not going well due to various obstacles, one of which is the lack of regulations regarding environmental insurance. The same thing happened in Singapore, where there was still a lack of regulation or implementation, in contrast to Poland, which already had awareness about the importance of good environmental insurance.

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

PROSPECTS OF DETERMINING THE INTERNATIONAL CRIMINAL COURT JURISDICTION REGARDING ECOCIDE

The article analyzes the possibilities and the need to determine the jurisdiction of the International Criminal Court on ecocide. The paper considers the essence and core features of ecocide as a crime against humanity under international criminal and environmental law. The author has examined the legislation of the countries that either distinguish this crime or include it in the structure of other crimes. The paper also highlights the conventions prohibiting the use of methods or means of warfare that intend to cause or actually cause severe long-term damage to the environment. The definition of the ecocide, which is no longer connected only to armed hostilities, has been provided according to the findings from a group of international experts. The constituent elements of this definition have been analyzed, namely: needless, severe, widespread, long-term and environment. Emphasis has been placed on the fact that there is a problem with the existing definition of ecocide in the Rome Statute, which links this crime exclusively to the conduct of hostilities. At this point, it would be more reasonable to connect it to the activities of the state, which is not necessarily aimed at achieving military superiority. Therefore, the next step would be to develop a rule on international criminal liability for environmental damage, regardless of the fact of hostilities. It has been stressed that according to national practice, in recent years, law enforcement agencies have initiated a remarkable number of criminal proceedings under Art. 441 of the Criminal Code of Ukraine (ecocide), but failed to bring them to justice due to the shortcomings of the legislation. The blanket character of this norm presupposes the obligation to define the concept of 'environmental catastrophe'. The paper further elaborated on an example of a particular criminal proceeding under investigation of the Security Service of Ukraine. The suspicion was based on the reference to Art. 441 of the Criminal Code of Ukraine and on the facts of air pollution and poisoning of air, water resources and soil, which could lead to an environmental catastrophe. It has been concluded that determining the jurisdiction of the International Criminal Court on ecocide in peacetime will save the planet from destruction.

Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union

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.

The Extent of the Researcher's Liability for Environmental Damage Caused by Academic Research

The right to the environment and the research right are human rights that must be protected. The right of individuals to a healthy environment is part of the human rights that are increasingly threatened by human activities. This right is a prominent example of solidarity rights and a pre-requisite for realizing many human rights. Exercising this right requires a level of development that provides the basis for further environmental degradation. The activities of academic researchers in the direction of progress and development can pave the way for environmental damage. This article discusses when a researcher causes harm in conducting academic research. The need to compensate and support the researcher in conducting their research contrasts these two rights; Therefore, it is necessary to look for ways of compensation that make possible the simultaneous protection of these two rights. Because according to Article 21 of the Stockholm Declaration and Article 2 of the Rio Declaration, governments are responsible for ensuring that their activities do not lead to environmental damage. The key role of governments in resolving this conflict and helping to promote academic research, reducing harm, and trying to prevent this kind of harm is obvious. In this article, we intend to resolve this conflict by examining the principles of human rights, the right to research, and the right to the environment and to examine Iran’s legal approach in this regard.

An Analysis of the Civil Liability for Environmental Damages Resulted from Cryptocurrency Mining

استخراجگری ارزهای رمزنگاری شده از مسائل نوظهور مهمی است که به علت سود سرشار توجه بسیاری از افراد را به خود جلب نموده است، اما این سود سرشار برای استخراجگران، در حال تبدیل‌شدن به یک چالش زیست‌محیطی برای کره زمین است. چراکه استخراجگری ارزهای رمزنگاری شده - علی‌الخصوص بیت‌کوین - نیازمند مصرف نسبتا بالایی از انرژی و برق می­باشد و در نهایت افزایش تقاضای برق سبب افزایش انتشار گازهای گلخانه­ای می­گردد که می­تواند به گرم‌شدن دو درجه­ای زمین منتهی گردد. اثر حاضر در کنار نسبت­سنجی معادله زیست محیط و اقتصاد ناشی از استخراج ارزهای رمزنگاری شده، ضمن ارائه پیشنهادهایی در جهت استفاده از روش­های استخراجگری همسو با محیط‌زیست، به بررسی مسئولیت مدنی استخراجگران این قبیل ارزها پرداخته است. رکن انتاجی پژوهش مزبور آن است که اولا استخراجگری ارزهای رمزنگاری شده اگرچه دارای ضرر می‌باشد لکن ضرر مزبور مستقیما از عمل استخراج ناشی نمی‌گردد بلکه این ضرر از نحوه تولید انرژی برق ناشی گردیده و مسئولیت ناشی از آلودگی محیطی زیستی متوجه تولیدکنندگان برق می‌باشد بااین‌حال اما عدالت اقتصادی اقتضای آن را دارد که استخراجگران ضرر ناشی از سودجویی خود را متقبل گردیده و سعی بر جبران داشته باشند (من له الغنم فعلیه الغرم)؛ باتوجه‌به پیچیدگی­های موجود «محیط­زیستی» روش پرداخت غرامت با واقعیت هم­خوانی بیشتری دارد.

Značaj načela "zagađivač plaća" i analiza evropskog okvira građanskopravne odgovornosti za štete nastale usled delatnosti opasnih po životnu sredinu

The right to a healthy environment is an absolute priority of the modern society. A specific economic instrument aimed at protecting the environment at a global level is the compensation for environmental pollution, based on a principle of environmental protection called "pollutant pays". The essence of a civil liability for environmental damage is that potential pollutants should adjust their activities to the requirement of causing minimal changes in the environment and reducing the risk of damage to a minimum. In addition to the significance and characteristics of the "pollutant pays" principle, the paper presents the provisions of the Act on Environmental Protection. There is also included an analysis of the provisions of the Convention on civil liability for damage caused by environmental hazards, and the provisions of the Environmental Liability Directive related to the protection and elimination of environmental damage.

International Liability For Environmental Damage

International Liability For Environmental Damage

Corporate Social Responsibility and Corporate Liability for Environmental Damage

This chapter analyses recent developments in tort law, namely in the English tort of negligence, which point towards increased liability of parent companies for damage caused by their subsidiaries. In particular, it discusses the relevance of CSR and environmental self-regulation and best practices for parent liability; which has been discussed controversially in English case law. The chapter shows that CSR instruments play an important role with regard to the assumption of responsibility in the individual case, resulting in a duty of care towards, for example, neighbours of a factory. Moreover, it demonstrates their influence on the determination of the required standard of care when it comes to more general corporation-wide (or supply chain-wide) duties of care.

Jurisdictional issues in the Ogoni case

The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.