IN THE COMPARATIVE LAW THE LEGAL RESPONSIBILITY OF THE POLLUTERS

Abstract

Author(s): Mehmet ERGN

“Absolute Responsibility Principle” is one of the serious contributions of the Islamic f?qh to the positive legal science. Because, there are many examples of damages related to the civil/legal responsibilities of those who directly or indirectly pollute the environment in the first period fiqh/Islamic law sources. Examples of damage to pollute the environment in the fiqh works of the first period and the responsibility for compensation for damages have only recently been accepted in modern legal systems. For example, the “Polluter Pays” principle, adopted by the Economic Cooperation and Development Organization in relation to environmental law, started to appear in international and national texts only on 26 June 1972. The clear meaning of this important principle is that: Acccording to the principle of equity, people who directly or indirectly pollute the environment are obliged to eliminate the pollution that occurred -in other words, the damage (loss=harm) that occurred-. Therefore the subject of the article quite up-to-date and important. Because we are witnessing many examples of pollution and damage related to environmental pollution in the developing society and fiscal life. In this context, under the title of “In the Comparative Law the Legal Responsibility of the Polluters”, the environment, the content of the concept of the pollution, the terms of the liability, compensation for loss, calculation of harm, the form of compensation, loss to property, damage to the interests, moral damage and the burden of proof issues will be discussed.

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