Basic principles of liability for the acts leading to environmental damage

• Author: Daniel-Stefan Paraschiv
• Position: Faculty of Law, University Spiru Haret Bucharest, Bucharest, Romania
• Pages: 18-23

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs/index

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2015), pp. 18-23

18

BASIC PRINCIPLES OF LIABILITY FOR THE ACTS LEADING TO

ENVIRONMENTAL DAMAGE

*

D.-Ş. Paraschiv

Daniel-Ștefan Paraschiv

Faculty of Law, University Spiru Haret Bucharest, Bucharest, Romania

*Correspondence: Danel-Ștefan Paraschiv, Lecturer Professor Phd, Faculty of Law, University

Spiru Haret, Bucharest, Ion Ghica Street, no.13, Bucharest, Romania

E-mail: bnp_daniel-stefanparaschiv@hotmail.com

Abstract

The international community considers that one of the achieving means of the

environmental protections consist in the liability for damages caused to the environment, yet

the establishment of an international systematic regime of this type of liability is still a

difficult thing to achieve, taking into account the diversity and complexity of problems which

resides from committing multiple damages for the environment.

Keywords: environmental protection, pollutant, damages, liability, damage repair

Introduction

Due to the diversity of fields in which the liability acts for damaging acts, the

boundaries of legislations and legal institutions are exceeded, representing a universal term,

specific to the human society in its whole

1

.

Legal liability, is manifested as a severe form of social liability/responsibility, has a

legal character, therewith it cannot exist without a legal ruling in regard to sanctioning some

illicit behaviours, in the purpose of conservation of the relation and social values system

2

– in

the researched case, the defence of environmental values.

In environmental protection field the legal liability is triggered as a primitive measure

against the ones who commit damaging acts to the ecological equilibrium

3

, in the purpose of

sanctioning and re-education them, as well as for the establishment of rightful violated order

4

,

respectively of the ecological equilibrium necessary for human life development and of other

beings in proper conditions.

By violation of a legal normative from the environmental field, a legal liability report

arises, that has a settlement of sanctioning the one guilty for committing such an illegal act,

which in return insures the effectiveness of the right, maintaining social order and preventing

behaviour, according to law

5

.

*

This paper has been financially supported within the project entitled “Hor izon 2020 - Doctora l and

Postdoctoral Studies: Promoting t he National Interest through Excellence, Competitiveness and

Responsibility in the Field of Romanian Fundamental and Applied Economic Research”, contract number

POSDRU/159/1.5/S/140106. This project is co-financed by European Social Fund throug h Sectoral Operational

Programme for Human Resources Development 2007-2013. Investing in people!

1

Ladislau Lorincz, Mircea Străoanu, Răspunderea juridică, parte integrantă a răspunderii sociale, in ,,Studii şi

cercetări juridice”, nr. 1, 1970, p. 7-21.

2

Nicolae Popa, Teoria generală a dreptului, Bucharest University Publishi ng house, 1992, p. 281.

3

Active topics illegal act s committed in violation of the rules of law are at home, people, their conduct unlawful

in that context with different causes and manifestations nuanced (See Nicolae Popa, [2] , p . 280 ) .

4

Sofia Popescu, Fundamentul răspunderii juridice. Câtev a remarci, in „Studii de drept”, vol. 2, Publishing

house Universitas Timisienses, Universitatea de Vest Publishing house, T imişoara, 1998, p. 74 and fol.

5

Sofia Popescu, Teoria generală a dreptului, Lumina Lex Publishin g house, Bucharest, 2000, p. 299.