Tort law offers only limited protection to the environment itself, as it is traditionally concerned with the compensation of harm to individuals and protection of individual's life, physical integrity, health and private property. In the case of environmental damage, aggrieved party is environment per se, which in most legal systems does not have a legal personality and therefore cannot represent its interests before the courts. The master's thesis deals with recent developments in liability for environmental harm, which is being recognised as a separate head (type) of damage (distinct from traditional concept of harm to individuals). The aim of the master's thesis is to illustrate the multi-tiered system of legal remedies for environmental harm and to present both public and private legal institutions. Following the analysis of legal means for environmental protection in Slovenia (with an emphasis on the liability for environmental harm, as provided for in Directive 2004/35/CE), the master's thesis presents comparative developments in liability for environmental harm. Work focuses on tort liability for environmental harm as enacted in the French civil code and analyses the definition of environmental damage, causation in environmental matters, remedies for environmental damage and locus standi. The master's thesis critically evaluates remedies for environmental damage in Slovenian law and comments on whether tort liability for environmental harm is likely to provide an effective additional source of environmental protection in Slovenia. Within comparative analysis, work introduces climate actions (focusing on aspects that are relevant for civil law) and the role of human rights, which are gaining new dimensions in the light of environmental protection. Additionally work illustrates the parallel development of alternative compensation mechanisms for environmental damage, focusing in particular on environmental liability insurance.
|
