Year: 2025
Type: article
Abstract: This study examines the issue of compensation for environmental damage as one of the key legal tools to protect the Libyan economy.The importance of this topic stems from the unique nature of environmental harm, which is often indirect and long-term.These characteristics make it difficult to prove and fall outside the scope of traditional civil liability rules.The study is divided into two main sections.The first defines environmental harm and outlines the conditions under which compensation may be granted.It also discusses how environmental damage forms the basis for civil liability.The second section focuses on types of compensation.It covers both restitution in kind-restoring the situation to its original state-and monetary compensation when restitution is not possible.The findings highlight the difficulty of establishing causality in cases of environmental harm.They also reveal the inadequacy of traditional civil liability rules in addressing such damage.In addition, the study notes the absence of clear legislative provisions in Libyan law, which leads courts to rely on general legal principles.The study recommends drawing on international experiences and updating environmental laws.It calls for the creation and activation of environmental compensation funds, and the training of specialized judges.It also emphasizes the importance of expert-led compensation procedures.Finally, the study underlines the need to raise environmental awareness.Compensation alone is not always sufficient.Effective legal regulation and public engagement are essential to reduce environmental violations.Therefore, a comprehensive legal reform is required to ensure sustainable environmental protection.
DOI: 10.56334/sei/8.7.84
Institution: Centre Universitaire Morsli Abdellah de Tipaza
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4411601454