Abstract
AbstractCivil liability conventions are generally seen as instruments that push the costs of pollution into the polluter’s sphere, thereby implementing the ‘polluter pays principle’ (Chap. 2 ¶10 (Sect. 2.2.1)). If ratified, they have many advantages when compared to national tort laws: First, they facilitate cross-border lawsuits within their scope of application as civil liability conventions harmonise the domestic tort regimes in all the contracting States. Second, civil liability conventions introduce strict liability whereas general tort law is based on fault or negligence. In terms of disadvantages, at least from an environmental law perspective, is the fact that civil liability conventions serve to shield operators from exposure to excessive claims via liability caps, which is a deviation from the full-compensation principle of tort law.
Publisher
Springer International Publishing
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