THE POLLUTER-PAYER DOCTRINE: A NEW BASIS FOR CIVIL LIABILITY
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Abstract
The new environmental policies have established that the party responsible for causing environmental damage must bear all the costs related to preventive measures against pollution, as well as the restoration of the damaged areas to their original state, based on the polluter payer or polluter pays principle. This is considered to be a special type of liability because of its close link with environmental protection and the specific nature of environmental damage, which has led to the development of environmental liability. This principle also contributes to the establishment of new rules for modern civil liability, as it is a principle that goes beyond the traditional rules of liability based on fault, which have become incapable of compensating these damages.
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References
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Law No. 10-03 dated 19 Jumada Al-Awwal 1424 corresponding to 19 July 2003, relating to the protection of the environment within the framework of sustainable development.
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