engleski

The Impact of Multilateral Insurance and Compensation Funds on Liability for Environmental Harm

During the past three decades, efforts have been made on both the national and international level to develop mechanisms which would facilitate access to compensation for pollution damage. Strict liability, which has become the prevailing basis of liability for pollution damage, was introduced because it was considered that the operator of an activity which creates a more or less permanent risk to the environment should bear such risk rather than the injured parties who, besides not deriving any profit from the activity, lack equal possibilities of protecting themselves against the damage, or even calculating it as part of the expenses of the activity, as the operator can. The move towards strict liability was accompanied by the development of schemes aimed at guaranteeing payment of compensation for pollution damage. Such schemes include conventional insurance and supplementary industry-supported compensation funds. This method of risk management greatly reduces the financial risk borne by enterprises in case of serious pollution. This chapter seeks to examine the question how the transfer of risks for pollution damage to insurance and compensation funds has affected liability.

international law, protection of the environment, pollution damage, liability, compensation funds

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