THEORETICAL REFLECTIONS ON COMPENSATION FOR NON-PECUNIARY DAMAGE ARISING FROM THE VIOLATION OF THE RIGHT TO A HEALTHY ENVIRONMENT Cover Image

ТЕОРИЈСКА РАЗМАТРАЊА О НАКНАДИ НЕМАТЕРИЈАЛНЕ ШТЕТЕ ЗБОГ ПОВРЕДЕ ПРАВА НА ЗДРАВУ ЖИВОТНУ СРЕДИНУ
THEORETICAL REFLECTIONS ON COMPENSATION FOR NON-PECUNIARY DAMAGE ARISING FROM THE VIOLATION OF THE RIGHT TO A HEALTHY ENVIRONMENT

Author(s): Petra Stanojević
Subject(s): Human Rights and Humanitarian Law
Published by: Advokatska komora Vojvodine
Keywords: right to a healthy environment; personal rights; pollution; non-pecuniary damage; state liability; environmental law; tortious liability

Summary/Abstract: The Constitution of the Republic of Serbia guarantees the right to a healthy environment, while the Law on Contracts and Torts leaves room for compensation for non-pecuniary damage arising from the violation of personal rights. The paper analyzes whether the right to a healthy environment is considered a personal right, what constitutes its violation, and whether a lawsuit for compensation for non-pecuniary damage arising from the violation of this right is the most effective mechanism for protecting the rights of persons endangered by pollution.

  • Issue Year: 85/2025
  • Issue No: 3
  • Page Range: 742-789
  • Page Count: 48
  • Language: English, Serbian
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