The Modern Confrontation to Prove the Causal Link in the Field of Environmental Pollution (Comparative Analytical Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 587-636 PDF (911.69 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143505.1083 | ||
| Authors | ||
| Bashdar Abdullah Mohammed* 1; Farsat Rasool Ahmed2 | ||
| 1Soran University - Faculty of Law, Political Science and Administration | ||
| 2Faculty of Law, Political Science and Administration - Soran University | ||
| Abstract | ||
| Abstract The claim for compensation necessitates the proof of the elements of liability collectively, including the causation or causal link. The causal link holds great importance in the realm of liability, because it identifies the act that caused the damage among various acts surrounding the incident, and proving causal is challenging due to the multiple factors converging to cause the damage and to determine who is responsible for its effects. This underscores the need to find solutions to prove this link in a manner that aligns with the specificity of environmental damage. Therefore, this legal study came to shed light on the transition or transformation that occurred in the legal bases that govern civil liability in the environmental field, from the traditional legal bases to the modern ones of civil liability for environmental damage. The proposed new bases to overcome the difficulty of proving the existence of a causal link are suitable and appropriate methods in the event that the injured person is unable to prove this link, and the judge has wide authority in assessing its existence or absence, and it is recommended that both Iraqi and Kurdistan legislators should explicitly stipulate that liability for ecological damage should be based on damage. | ||
| Keywords | ||
| Ecology; ،Civil Protection; ،Environmental Pollution; ،Civil Liability; ؛; ،Environmental Damage | ||
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