LEGAL LIABILITY FOR SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION Cover Image

ПРАВНА ОДГОВОРНОСТ ЗА РАЗВОЈ И ЗАШТИТУ ЖИВОТНЕ СРЕДИНЕ
LEGAL LIABILITY FOR SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION

Author(s): Predrag Stojanović, Ilija Zindović
Subject(s): Law, Constitution, Jurisprudence, Environmental interactions
Published by: Правни факултет Универзитета у Београду
Keywords: Sustainable development; Environment protection; Damage; Liability;

Summary/Abstract: In this paper, the authors try to classify and explain the legal basis of responsibility in the system balance for sustainable development and environmental protection. The method of analysis of theoretical positions and legal norms conclude that the conventional rules of liability for damage to the environment, in modern terms, they could not provide adequate protection. Identification of new and more efficient basis of liability, it appears necessary. In this sense, the principle of „ polluter pays“ is a special form of strict liability, which, in essence, does not imply a causal relationship between the operator and damage. Despite the fact that this new form of accountability contains certain elements of the tax burden and economic measures, it appears that he has a logic of its legal existence and economic feasibility .

  • Issue Year: 63/2015
  • Issue No: 1
  • Page Range: 41-57
  • Page Count: 17
  • Language: Serbian