The Foundations of Civil Liability for Industrial Pollution
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David Messner
Abstract
In European private law, operators of industrial facilities, power plants and other sites using special substances or procedures are made responsible for harm caused by pollution even where it is doubtful that such harmdoing is unreasonable or could have been foreseen. Analysing both fault-based and strict liability, the author discusses legal bases for this liability and its justification in European jurisdictions.
Note
I am indebted to Andrew Bell, Marco Cappelletti, Ernst Karner, Helmut Koziol, Stephanie Nitsch, Jaap Spier, and participants in a discussion at the Vienna Doctoral Academy for their useful comments on earlier versions of this paper. I would also like to thank the editors of this journal for their helpful suggestions.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- How does Tort Law deal with Historical Injustice?
- The Foundations of Civil Liability for Industrial Pollution
- Health, Environment and Economic Interests: From Balancing to Ensuring Effective Remedies
- Recovery of Pure Economic Loss in China: Current Situation, Problems and Future Prospects
- Book Review
- Y Sinai/B Shmueli, Maimonides and Contemporary Tort Theory (Cambridge University Press 2020) xiii + 414 pp. ISBN 9781107179295. £ 95 (hardback)
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- How does Tort Law deal with Historical Injustice?
- The Foundations of Civil Liability for Industrial Pollution
- Health, Environment and Economic Interests: From Balancing to Ensuring Effective Remedies
- Recovery of Pure Economic Loss in China: Current Situation, Problems and Future Prospects
- Book Review
- Y Sinai/B Shmueli, Maimonides and Contemporary Tort Theory (Cambridge University Press 2020) xiii + 414 pp. ISBN 9781107179295. £ 95 (hardback)
