The effects of determining the law governing liability arising from international environmental pollution: A study within the framework of the legislative realism approach

Ghaiyit, Saleh Mahdi

doi:10.63677/jqlap.2024.183585

The effects of determining the law governing liability arising from international environmental pollution: A study within the framework of the legislative realism approach

https://doi.org/10.63677/jqlap.2024.183585

Volume 15, Issue 1 - Serial Number 1
Spring 2024

Pages 735-768

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Saleh mahdi Ghaiyit

El Alamein Institute for Postgraduate Studies

Abstract

The industrial development of the world has led to an increase in pollution as a result of the illegitimate use of chemical and organic materials. Additionally, the flow of the world trade has impacted the quality of environment; in particular, the marine flow due to the large scale of marine transport activities. This pollution may cause damage to individuals who would require to be compensated and if the parties to the event (Person responsible (who committed a tortious act) and person injured (who sustained damage)) are citizens of one state and the damage occurred in the territory of their own state, then there is no issue to be raised on the applicable law as this would be the law of their own state.
However, and since the world is not as it used to be where it moved from a slow motion to a fast motion, and from agricultural societies to industrial and technological societies, where the world has become a small village, this caused the increase in movement between states and consequently, the damage from pollution may impact citizens of foreign state. This will lead to the issue of the applicable law on the event causing the damage, and in fact there are several solutions implemented by statutes adopted by states and international organizations as well as jurisprudence and courts and they are subject to factors that will lead to the attribution rules applied.

Keywords

law

environmental pollution

liability

private international law