Compensation for Environmental Damages occurring within the Transition towards Sustainable Development: A Comparative Study regarding the UAE Legislation
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Abstract
Compensation for environmental damage is considered one of the most important contemporary legal issues, in light of the global shift toward sustainable development, which has led to the promotion of legal liability rules to balance the requirements of economic development and the need for environmental protection. However, this research aims to clarify the concept of environmental damage and its characteristics, analyze the legal basis of civil liability for environmental damage, and explain the mechanisms of compensation for such damage in light of the provisions of Emirati legislation, while comparing this with some comparative legislation and modern trends in international environmental law. It also highlights the extent to which the Emirati legal system aligns with the legal principles governing environmental protection, foremost among them the principle of sustainable development. It should be noted that the researcher has relied on a descriptive-analytical method to explore the relevant legal texts and judicial rulings, in addition to adopting a comparative method with which the similarities and differences between Emirati legislation and some comparative legislations have been highlighted, in a way that helps identify the strengths and the aspects that require legislative development. As a matter of fact, Emirati legislation has paid increasing attention to environmental protection by establishing rules that also address environmental damage compensation, in line with the state's orientation toward achieving sustainable development. Nevertheless, the special nature of environmental damage, and its complexity and the difficulty of proving causality and evaluating the extent of the damage, requires indeed further legislative and procedural development to enhance the effectiveness of compensation, including the adoption of specialized mechanisms for assessing environmental damage, the establishment of funds to compensate for serious environmental damage, and the expansion of the scope of liability in a way that would achieve better protection for the environment and the rights of present and future generations.
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