Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/60701
Title: Liability based on tort in environmental damage
Authors: Abdilla, Maria Victoria
Keywords: Environmental law -- Malta
Civil law -- Malta
Torts -- Malta
Liability (Law) -- Malta
Issue Date: 1997
Citation: Abdilla, M.V. (1997). Liability based on tort in environmental damage (Master's dissertation).
Abstract: In Maltese environmental law, a person can only be held responsible for acts harmful to the environment, if he is in breach of specific environmental laws. Protection of the environment is vested in the Minister. This is ineffective. There is a lacuna for the private action for damages caused to the environment, thus an action based on tort, which can be instituted by interested individuals and groups. Until this legislation comes into being, cannot there be somebody to protect the environment and hence to protect the interest of the Maltese people? It is in the light of the above that I propose to study whether: 1. in Maltese environmental and civil law, there can be a private civil action based on the general principle of tort against those persons or corporate bodies that cause harm to the environment. 2. in such an action, plaintiff would be Mr Maltese citizen or a private group, who acts in the interest of Maltese natural environment. Defendant would be any perpetrator of environmental harm, including the government. 3. as the position is at present, such an action by a private citizen would probably be struck down on the basis of lack of interest. Therefore I propose to study whether new grounds for juridical interest can be introduced. Furthermore, I propose to look at how this matter is dealt with, if at all, in foreign legislation. A discussion then features about the extent to which the innovative ideas found in foreign legislation could be adopted in Maltese law. A study about civil and state liability in international law is also included. Finally, a few proposals for legislative changes are given. These changes may take place without overthrowing the present civil law system on tort, while at the same time, enabling the notion of civil liability for environmental damage to be present in Maltese law.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/60701
Appears in Collections:Dissertations - FacLaw - 1958-2009

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