The Issue legal basis of civil liability arising from Transboundary Environmental Damage

Abstract

The legal basis for civil liability resulting from transboundary environmental pollution damage is one of the important topics that the researcher believes is worthy of study, as it addresses an important issue, which is protecting those affected by transboundary environmental pollution. With the development that the world has witnessed in light of the modern industrial revolution, some issues have emerged. It was not known before, including cross-border environmental pollution, cross-border environmental damage, and civil liability arising from it. Just as cross-border environmental pollution raises great risks to the environment in general and causes heavy damage to people, from here the jurisprudential and judicial trends emerged in the search for the appropriate legal basis. To confront the harms of transboundary environmental pollution, what the prevailing opinion has settled on is the inability of tort liability in The traditional rules regarding the establishment of an environmental civil liability system remain facing the risks of environmental pollution, which appears from the general rules in the amended Iraqi Civil Law No. (40) of 1951, as well as in light of the special rules contained in the Iraqi Federal Law for the Protection and Improvement of the Environment No. (27) of the year 2009, and the Kurdistan Environmental Protection and Improvement Law No. (8) of 2008, and some environmental legislation has decided that the appropriate legal basis for environmental civil liability lies in objective responsibility that suffices with damage without relying on the element of fault, such as Kuwaiti environmental law, but nevertheless It seems that this issue has not yet been resolved, and this is largely due to one reason, which is the special nature of cross-border environmental damage.To deal with cases of cross-border environmental damage, the injured person relies on the rules of civil liability to redress the damage he suffers, and from here a fundamental problem arises, which is the extent to which these rules are compatible with redressing environmental damage if we take into account that cross-border environmental damage represents a modern concept that may not be compatible with the rules of law. Traditional. Hence the importance of the research. In this research, we addressed the problem of the legal basis for civil liability arising from cross-border environmental damage and the elements of that responsibility. We discussed this topic in two sections. In the first section we dealt with the concept of cross-border environmental damage, and in the second section we dealt with the legal basis for civil liability resulting from it. On transboundary environmental pollution and the difficulties surrounding it,Then we reviewed the most important results and recommendations that we reached in this research.