Biological damage to the environment is considered to be one of the most complicated problems that face the world nowadays. This paper studies this problem from some of its various aspects: the civil liability of biological damage, the concept of biological diversity, its legislative nature, and the damage caused by genetically modified species and the multiplicity of legislative regimes to protect biological diversity. Furthermore, this study deals with all the above listed aspects on the local, regional and international levels. To be more specific, the study investigates the legal basis of civil liability of biological damage in terms of three possibilities. The first one is whether it might be established according to a fault that should be proven, or as a semi-objective liability that may be based on a presupposed fault, or as an objective liability that is based on the possibility of risk and not fault, and hence liability is to be held when damage takes place even if there is no fault. The study also discusses the penalty of biological damage civil liability in terms of actual replacement of what has been damaged as it is considered to be the best way of repairing biological damage. Further, this paper throws light on the financial compensation and the difficulty in evaluating how much biological damage costs and the difficulty in the means of evaluating it are also discussed. The study ends with discussions of the means in which the defendant may turn aside his liability and/ or reduce it.
Al Jamal, Sameer Hamed
"Civil Liability of Biological Damage A Comparative Study,"
Journal Sharia and Law: Vol. 2010
, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2010/iss42/6