The Civil Liability Regime of the Polluter-Producer in Comparative Law: What Evolution?

• Main Authors: Chehida Kada, Maamar Bentria
• Format: Article
• Language: Arabic
• Published: Qatar University Press 2021-04-01
• Series: International Review of Law
• Subjects: Civil Liability; Polluter-producer; Polluter pays principle; Environmental Liability; Ecological Damage; Parent Companies Liability
• Online Access: https://journals.qu.edu.qa/index.php/IRL/article/view/1778

The general rules of civil liability remain the privileged system, which manages the legal regime of civil liability of the «polluter-producer » in most legal systems so far, and despite attempts to free up to weave a particular regime which takes into account the particular nature of the damage suffered by the environment. Based on this perspective, legislations have tried to draw inspiration from the principles of defective products liability scheme, as a basic system, others have opted for the adaptation and enrichment of certain concepts of rules of tort law or contractual liability. In the light of these paths, it seemed to us necessary to question the limits of these rules and their capacity to adapt to the specificities of ecological damage, which will lead us to seek the foundations and components of the adequate civil liability regime of the «polluter-producer», able to respond to curative answers to many problems raised by the issue on many aspects.