Civil Liability for Environmental Damage:The Problem of Proof and Compensation

Authors

  • M. Kafi Zghair Al-Badri* College of Political Science / University of Nahrain Author

Keywords:

Environmental damage, Civil liability, Civil law

Abstract

 

 Abstract: Civil liability resulting from environmental damage faces more than one problem related to the civil liability pillar, such as the lack of the element of error or the lack of a causal relationship between the element of error and the element of damage, the nature of the element of environmental damage, the difficulty of in-kind compensation, the disproportion of monetary compensation with the size of the environmental damage, or the absence of the legal basis on which the right of the victim to obtain compensation is built is a harmful act according to the rules of civil liability under the civil law makes the actor responsible for the damages and risks for that It has become necessary to hold the responsibility of the perpetrator and to compensate the injured person, regardless of the natural or legal person, with appropriate compensation.

References

First: Books

• Abd El-Latif, Mohamed Mohamed. Climate Lawsuits. Cairo: Dar Al-Nahda Al-Arabia, 2021.

• Al-Bayeh, Mohsen Abdel Hamid. Civil Liability for Environmental Damages. No Publisher, 2002.

• Hawas, Ata Saad Mohamed. Conditions of Liability for Pollution Damages: Polluting Neighbor’s Activity – Environmental Pollution Damage – Causal Link Between Pollution Damage and Neighbor’s Activity. Alexandria: New University House, 2012.

• Nahri, Magdy Medhat. State Liability for Environmental Pollution Damages. Mansoura: New Al-Jalaa Library, 2002.

• Raslan, Nabila Ismail. Civil Liability for Environmental Damages. Alexandria: New University House, 2007.

Second: Theses and Research Papers

• Abdel Rahman, Boufelja. “Civil Liability for Environmental Damages and the Role of Insurance.” PhD Dissertation in Private Law, University of Abou Bekr Belkaid, Faculty of Law and Political Science, 2015–2016.

• Al-Hadithi, Hala Salah. “Compensation for Environmental Damages Caused by Unknown Persons.” Published in Message of Rights Journal, Faculty of Law, University of Karbala, Vol. 1, Eleventh Year.

• Al-Mundhiri, Muhanna bin Saleh bin Said. Administrative Liability for Environmental Pollution Damages. Master’s Thesis in Law, Faculty of Law, Cairo University, 2009.

• Barabah, Mounir. “Civil Liability for Environmental Damage.” Published in Scientific Horizons Journal, Vol. 16, No. 2, 2024.

• Gad El-Rab, Abdullah. Environmental Protection from Pollution in Administrative Law and Islamic Jurisprudence: A Comparative Study. PhD Dissertation in Law, Department of Public Law, Faculty of Law, Assiut University, 2009.

• Helal, Mostafa Salah El-Din Abdel-Sami. Administrative Responsibility of the State for Noise Pollution. PhD Dissertation in Public Law, Faculty of Law, Mansoura University, 2009.

• Ismail, Ashraf Mohamed. Insurance Coverage for Environmental Damage Risks: A Comparative Study. Paper presented at the Environment and Law Conference, Faculty of Law, Tanta University, 2018. Available at: https://law.tanta.edu.eg/files/conf5 (https://law.tanta.edu.eg/files/conf5/%D8%A7%D9%84 (Accessed: March 5, 2025).

• Tarkawi, Ammar Khalil Al-Muhaimid Al-Drees. “State Responsibility for Environmental Pollution Damages: A Comparative Study.” PhD Dissertation in Law, Faculty of Law, Ain Shams University, 2007.

• Yahia, Ounas. Legal Mechanisms for Environmental Protection in Algeria. PhD Dissertation in Public Law, University of Abou Bekr Belkaid, Tlemcen, July 2007.

Third: Laws

• Iraqi Civil Procedure Law No. 23 of 1971 (as amended).

• Iraqi Civil Code No. 40 of 1951 (as amended).

• Iraqi Central Organization for Standardization and Quality Control Law No. 54 of 1979.

• Iraqi Environmental Protection and Improvement Law No. 27 of 2009.

• Iraqi Health Public Law No. 89 of 1981 (as amended).

• Instructions for the Management of Healthcare Waste No. 1 of 2015.

• Iraqi Draft Civil Code.

• Yemeni Environmental Protection Law No. 26 of 1995.

Fourth: Foreign Sources

• Bodansky, Daniel. “International Human Rights and Climate Change.” Georgia Journal of International and Comparative Law, vol. 38, no. 3, 2010.

• Brailford, Feroze Duncan Gadekar. “Foreseeable Sea-Level Rise and Climate Change Causation: A Discussion of Tort Law’s Role in Providing Relief and Attributing Liability for Climate Change-Induced Harms.” Faculty of Law, Victoria University of Wellington, 2021.

• Kahloula, Mohammed. “La Problématique Juridique de la Pollution Atmosphérique d’Origine Industrielle.” Revue de Droit de l’Homme, no. 6, 1944.

• Prieur, Michel. Droit de l’environnement. 3rd ed., Dalloz, 1996.

• Wagner, Gerhard, and Arvid Arntz. “Liability for Climate Damage under the German Law of Torts.” No date.

Fifth: Online Sources

High Commissioner for Human Rights. “Frequently Asked Questions on Human Rights and Climate Change.” United Nations, Fact Sheet No. 38, 2022. https://www.ohchr.org/sites/default/files/2022-

(https://www.ohchr.org/sites/default/files/2022- Accessed 3 March 2025.

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Published

2025-06-30

Issue

Section

Legal research