دور القاضي المدني في تقدير التعويض عن الأضرار البيئية

Abstract

Environmental damage refers to any negative impact on the environment resulting from human or natural activity that leads to the degradation of its essential components or ecosystems in general, along with the emergence of various other environmental harms. Moreover, it is characterized by a set of features that distinguish it from traditional damage as defined in general legal rules. This has led the international community to adopt modern principles and foundations aimed at contributing to the preservation of natural resources and environmental protection. In order to implement these principles, judicial authority must intervene to assess compensation, whether under traditional liability—based on fault and composed of in-kind and monetary compensation—or under modern liability, in which the harmful act alone is sufficient to establish responsibility, and which is implemented through insurance systems and compensation funds