Conflict of laws in environmental damage actions

Document Type : Research Paper

Authors

1 professor of Tehran university ,faculty of law and political science

2 Assistant Professor, Faculty of Law & Political Science, University of Tehran

Abstract

Protection of a sound environment is one of the most contravertioal issues of the legal and political world, and different letters are provided in this regard. But in respect of how to implement the aim of promoting and protecting the environment, the governments have utilized different legal instruments; the last of which is the concept of liability for environmental damages. Level in which different legal systems accepted this new concept is in a divergence. So finding the governing law in claims of this kind with a transfrontier character is a significant task of the judge, in a given case, for doing the justice and obtain requirement of legal certainty. The purpose of this article is to examine the problems linked with the conflict of laws in the area of civil liability resulting from transfrontier environmental damages and providing legal approach for resolving these problems.

Keywords

Law Quarterly
Volume 44, Issue 3 - Serial Number 3
October 2014
Pages 461-475

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