EKOLOŠKI DELIKT: GRAĐANSKOPRAVNA ODGOVORNOST REPUBLIKE SRPSKE ZA EKOLOŠKE ŠTETE
ENVIRONMENTAL TORT: CIVIL LAW LIABILITY OF REPUBLIC OF SRPSKA FOR ENVIRONMENTAL TORT

Summary/Abstract: Liability of the state for damage caused ex delicto is an acquisition of modern times. Such possibility was exceptional since it contradicted the concept of state sovereignty and constitutionality, that, as a rule, meant that the state, as the highest legal subject in the society, should call other subjects to duty, instead of exposing itself to such liability. However, in times of rapid growth of technical and technological development of modern society, harmful effects of such acting on human society and the environment become evident. In order to successfully overcome such adverse consequences and prevent similar harmful events from happening, the authoress of this paper will first elaborate on the concept and specific nature of environmental tort, its causes as well as the scope and nature of harmful consequences resulting from the environmental accident. Since the right to environment belongs to a group of constitutional rights and freedoms of citizens, this paper shall analyse to what extent Republic of Srpska, as one of two equal constituting entities in Bosnia and Herzegovina, has accorded its laws with the existing needs for protection of the environmental rights and interests of its citizens, and the environment, as a potential „holder“ of rights, and what are the protecting mechanisms the harmed party can dispose of. In conclusion, the authoress shall first draw attention to the extent and scope of civil law regulation of the relation between the pollutant and the injured party, suggesting new legal solutions that would improve the traditional model of civil law liability, and the need for special regulation of conditions of subjecting Republic of Srpska to civil law liability.

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