The Role of Consensus and Liability
نویسنده
چکیده
Two conditions are stated which must be fulfilled in order to safeguard that the negative effects of environmental pollution and risks do not outweigh the beneficial effects of global technological development and free markets. The conditions are: (1) There must be consensus on the conditions under which activities are allowed, among all those who may experience negative effects from those activities. (2) If activities are undertaken which lack the consent of (some of) those who may experience negative effects, then the unlimited and unconditional liability for those activities towards those who have not consented should be carried by the actors. These conditions are necessary principles for responsible management of negative environmental effects including risks. If they are not respected, then the belief that free markets and technological development are beneficial for all cannot be justified. Neither of the two conditions is fulfilled at present. This is illustrated for examples from international law regarding liability for oil transportation, energy production, genetically modified organisms, and chemicals in the environment. Possibilities for improvement are identified. The relationship with the precautionary principle is discussed.
منابع مشابه
مسئولیت مدنی مستودع و شرط تغییر میزان آن در حقوق ایران و فرانسه
Abstract In accordance Article 614 of the Civil Code, the Trustee is not liable except in the event of an infringement or a failure. In French law, you are also absolved of liability and surety if you have no failure to pay the deposit. However, the main issue is the basis of responsibility and the condition of increasing or decreasing it. Is the basis of liability for the trustee of the la...
متن کاملCivil Liability for Environmental Damage
Protecting nature and preserving its health is emphasized by different religions and human mind. Enjoying a healthy environment is a fundamental human right. Any damage to the environment requires compensation of damages incurred, which is within the scope of civil liability. The key question here is what is the nature of civil liability for environmental damage? How does choosing the right nat...
متن کاملLegal Presumption of the Further Liability of Creditor on Breaches by Supplier in Debtor-Creditor-Supplier Agreements
Abstract In tri-lateral consumer credit agreements, Recognition legal liability of lender on breaches by supplier is based on two undeniable realities: 1- close relations of lender and supplier so that they seem to be a Joint venture. 2- Responding the requirements of distributive justice and supporting the consumers as the weaker party by imposing all losses incurred by consumers due to any b...
متن کاملLaw Enforcement; a Function of Criminal Liability or Civil Liability
Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities ...
متن کاملA Model of Asset and Liability Management and Monetary Shocks (DSGE Model)
Asset-liability mismatch in balance sheet of banks shows serious challenges in banks because of the traditional methods of recording assets and liabilities at book value in Iran. The Central Bank of the country motivated and advised banks to take concrete steps in minimizing the mismatch in the asset-liability composition. This paper attempts to suggest a micro funded framework that can evaluat...
متن کاملمسؤولیت کیفری اشخاص حقوقی در نظام کیفری ایران و فرانسه
Until the late 20th century, assigning the criminal liability to the legal persons Until the late 20th century, assigning the criminal liability to the legal persons was ambiguous and rejected obviously in most legal systems for a variety of reasons such as: legal persons are artificial and lack criminal mansuetude, lack of proportion between the crimes and punishments, lack of realizatio...
متن کامل