Year: 2025
Type: article
Abstract: Environmental degradation is the prevailing topic in modern discourse. As the trend continues to grow and present a palpable threat to humankind and nature, concerted effort is required to prevent and restore environmental damage as well as compensate victims. Tort law has historically been the principal mechanism for remedying environmental harm through theories such as nuisance, negligence and trespass. Even though the primary objective of tort actions was not directly concerned with improving or preventing environmental conditions, in practice, it remained the exclusive mechanism to resolve certain environmental injuries. The challenges presented by modern complex environmental tort actions necessitated the emergence of regulation. The prevailing idea in mainstream environmental law literature is that ex ante safety regulation is preferable to ex post tort law remedies. Using a doctrinal research methodology, this write-up investigates the role of civil liability in environmental protection, through individual and citizen tort actions. The analysis questions the potential application of tort theories to protect the environment and compensate victims of environmental damage. Findings reveal that tort actions are a necessary catalyst and blend well with regulation to protect the environment, albeit shortcomings.
Institution: Université de Dschang
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410117834