Odgovornost države za ekološke štete
State Responsibility and Liability for Enviromental Damages

Author(s): Nataša Mrvić-Petrović, Zdravko Petrović
Subject(s): Law, Constitution, Jurisprudence, Human Ecology
Published by: Institut za uporedno pravo
Keywords: state responsibility; liability; compensation; environmental law; environmental damage insurance
Summary/Abstract: This paper analyzes the responsibility of the state and liability for environmental damage. Authors noted the need to protect the collective interests regarding the preservation of the environment led to the specific integration of civil and public law responsibilities. It is the responsibility of the state and the intertwined elements of accountability for human rights violations and liability. State is responsible in the same way as any other operator for damages resulting from an environmental accident. That is strict liability. However, when it comes to responsibility for violations of international law (including those provisions relating to environmental protection), the state still has the primary responsibility for failure in the application of preventive measures to prevent environmental accidents or lack of control over the performance of hazardous activity or use of dangerous means which threaten the environment.

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