CIVIL LIABILITY ARISING FROM DAMAGE FROM ENVIRONMENT

Abstract

To talk about the environmental beauty and to leave aside its legal protection, would mean to deny its rights for protection and progress. It is our right to be a part of the environment, to use and to taste it, likewise it is our obligation to protect and develop it at any time and place. The rapid technological development, population growth, industrialization, carbon dioxide emissions augmentation in the atmosphere and other ‘greenhouse’ gases, cutting of the forests, new various pollutants used in the cultivation of land and sea etc., pose serious global threat to the climate system and the global ecosystem. Due to all these factors careful attention must be paid to the protection of the abovementioned elements, the damage of which can cause unexpected and devastating changes on the world’s climate and therefore harm the human health or life. After the 90s, especially in the recent years, a growing attention has been given to environmental issues and the various measures have been taken in order to protect it and reduce its damage. This was legitimized with the entry into force of Law no. 8934, dated 05.09.2002 “On environmental protection”, Article 2 of which makes it clear that the protection of the environment from pollution and other damages has been declared a national priority. From the law perspective the environmental protection is an interactive process between individuals, organizations and government. Despite the protection guaranteed by the Constitution in Articles 56 and 59/d and the special law for the protection of the environment, the object of this paper is an analysis of the civil legislation in force in Albania, concerning the issue of environmental damage and the responsibility in these cases. The legislation of this field will be analyzed bearing in mind these issues: the definition of environmental damage, the legitimacy of the procedure, the reasons, the criteria for compensation, and the insurance issues in the event of environmental damage

Keywords: Albanian Civil Code., Environment, civil legal protection, health damage


Article Review Status: Published

Pages: 43-56 (Download PDF)

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