This research investigates the legal structures that regulate liability for damages arising from industrial operations, concentrating on the attainment of both environmental and economic sustainability. It underscores the difficulties encountered when applying general civil liability principles to industrial harm, particularly in instances involving nuclear operations. The analysis explores the notion of fault-based liability, pinpointing challenges associated with proving fault, assigning responsibility, and establishing causation, particularly in relation to long-term or intergenerational damages. The study places significant emphasis on the objective liability framework, which focuses on compensating for damages irrespective of fault, as long as a causal connection between the industrial activity and the resultant harm is demonstrated. Models such as the Vienna Convention (1963) and the Paris Convention (1960) are introduced as examples that embody this approach. In conclusion, the research advocates for the integration of objective liability principles into national legislation to safeguard the rights of affected individuals and facilitate equitable compensation, thereby fostering sustainable development.

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Legal Frameworks for Liability for Damages Resulting from Industrial Activities: Towards Environmental and Economic Sustainability

  • Chahata Cholkami,
  • Mohammed Jamal Mufleh AlQudah,
  • Mohamad Albasha

摘要

This research investigates the legal structures that regulate liability for damages arising from industrial operations, concentrating on the attainment of both environmental and economic sustainability. It underscores the difficulties encountered when applying general civil liability principles to industrial harm, particularly in instances involving nuclear operations. The analysis explores the notion of fault-based liability, pinpointing challenges associated with proving fault, assigning responsibility, and establishing causation, particularly in relation to long-term or intergenerational damages. The study places significant emphasis on the objective liability framework, which focuses on compensating for damages irrespective of fault, as long as a causal connection between the industrial activity and the resultant harm is demonstrated. Models such as the Vienna Convention (1963) and the Paris Convention (1960) are introduced as examples that embody this approach. In conclusion, the research advocates for the integration of objective liability principles into national legislation to safeguard the rights of affected individuals and facilitate equitable compensation, thereby fostering sustainable development.