Dergiler / Türkiye Mesleki ve Sosyal Bilimler Dergisi - JOVOSST / 2026 / Cilt: 8

LEGAL RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE IN LIGHT OF THE SUSTAINABLE DEVELOPMENT GOALS

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Yayın Tarihi
2026-06-16
DOI
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Ultimately, this aims to advance legislative proposals designed to bolster the efficacy of legal provisions in safeguarding the environment and realizing sustainable development.

📌 3 Maddede Bu Makale

🎯
Amaç & Hipotez:The concept of "Sustainable Development" has emerged as a paradigm aiming to reconcile the utilization of natural resources with the entitlement of future generations to a viable environment.
📊
Temel Bulgular & Veri:Indeed, traditional rules within civil statutes encounter significant impediments regarding the burden of proof for causation in complex pollution cases, as well as in defining appropriate compensation mechanisms.
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Sonuç & Katkı:Ultimately, this aims to advance legislative proposals designed to bolster the efficacy of legal provisions in safeguarding the environment and realizing sustainable development.
🔬Tür:Araştırma Makalesi
📍Kapsam:Genişletilmiş Akademik Örneklem
⚙️Değişkenler:Sustainable Development · Environmental Damage · Ecosystem

Özet

The concept of "Sustainable Development" has emerged as a paradigm aiming to reconcile the utilization of natural resources with the entitlement of future generations to a viable environment. However, the practical implementation of this concept confronts the inadequacy of traditional civil liability norms to accommodate the distinct nature of environmental harm, which is frequently characterized by its diffuse and cumulative nature. This necessitates an examination of the efficacy of conventional legal mechanisms in establishing effective liability for environmental damages, in a manner congruent with the objectives of sustainable development. Indeed, traditional rules within civil statutes encounter significant impediments regarding the burden of proof for causation in complex pollution cases, as well as in defining appropriate compensation mechanisms. Such mechanisms must transcend mere pecuniary reparation, extending towards the objective of restitutio in integrum (restoration to the original state). Predicated on the premise that traditional liability rules are no longer sufficient to address contemporary environmental challenges, this study endeavors to formulate a novel legal framework for liability. This framework transcends the concept of "fault-based liability," shifting towards "objective liability," thereby seeking to operationalize preventive and deterrent legal instruments that guarantee the protection of the ecosystem per se. Ultimately, this aims to advance legislative proposals designed to bolster the efficacy of legal provisions in safeguarding the environment and realizing sustainable development.

Abstract

The concept of "Sustainable Development" has emerged as a paradigm aiming to reconcile the utilization of natural resources with the entitlement of future generations to a viable environment. However, the practical implementation of this concept confronts the inadequacy of traditional civil liability norms to accommodate the distinct nature of environmental harm, which is frequently characterized by its diffuse and cumulative nature. This necessitates an examination of the efficacy of conventional legal mechanisms in establishing effective liability for environmental damages, in a manner congruent with the objectives of sustainable development. Indeed, traditional rules within civil statutes encounter significant impediments regarding the burden of proof for causation in complex pollution cases, as well as in defining appropriate compensation mechanisms. Such mechanisms must transcend mere pecuniary reparation, extending towards the objective of restitutio in integrum (restoration to the original state). Predicated on the premise that traditional liability rules are no longer sufficient to address contemporary environmental challenges, this study endeavors to formulate a novel legal framework for liability. This framework transcends the concept of "fault-based liability," shifting towards "objective liability," thereby seeking to operationalize preventive and deterrent legal instruments that guarantee the protection of the ecosystem per se. Ultimately, this aims to advance legislative proposals designed to bolster the efficacy of legal provisions in safeguarding the environment and realizing sustainable development.

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Bu Makaleye Atıf Yap

Al-Damaluji, N. H. (2026). LEGAL RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE IN LIGHT OF THE SUSTAINABLE DEVELOPMENT GOALS. Türkiye Mesleki ve Sosyal Bilimler Dergisi - JOVOSST, Cilt: 8. https://ajindex.com/articles/1664751

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Kaynakça (13)

  1. Betlem, Gerrit. Civil Liability for Transfrontier Pollution. Graham & Trotman, London, 1993.
  2. Geneviève Viney, Introduction à la responsabilité, LGDJ, Paris, 2008.
  3. George Pring and Catherine Pring, Environmental Courts and Tribunals: A Guide for Policy Makers, UN Environment Programme (UNEP), Nairobi, 2016.
  4. Kiss, Alexandre, and Dinah Shelton. Guide to International Environmental Law. Martinus Nijhoff Publishers, 2007.
  5. Larsson, Marie-Louise. The Law of Environmental Damage. Martinus Nijhoff Publishers, 1999.
  6. Marie-Louise Larsson, The Law of Environmental Damage: Liability and Reparation, Martinus Nijhoff Publishers, The Hague, 1999.
  7. Neyret, Laurent. Atteintes au vivant et responsabilité civile. LGDJ, Paris, 2006.
  8. Nicolas Sadeleer, Environmental Principles: From Political Slogans to Legal Rules. Oxford University Press, 2002.
  9. Pring, George, and Catherine Pring. Greening Justice: Creating and Improving Environmental Courts and Tribunals, The Access Initiative, World Resources Institute, 2009.
  10. Prieur, Michel. Droit de l'environnement. 7e éd., Paris, Dalloz, coll. « Précis », 2011.
  11. Purdy, Ray. "Satellites: A New Era for Environmental Compliance?" Journal of Environmental Law, Vol. 18, No. 3, 2006.
  12. Richardson, Benjamin J. "Mandating Environmental Liability Insurance." Duke Environmental Law & Policy Forum, Vol. 12, 2002.
  13. Viney, Geneviève, and Patrice Jourdain. Les conditions de la responsabilité. LGDJ, Paris, 2006.