Civil liability and guarantee of damages arising from climate change

Document Type : Original Article

Author

College of Law -, Umm Al Quwain University, United Arab Emirates

Abstract

In light of the advanced scientific and industrial climate that prevailed in the world recently, it was natural for the environment to become a new value within the values ​​of society, which currently seeks to preserve and protect it from any act that constitutes harm to it. Which leads to a change in the composition of the global atmosphere. And with the emergence of these problems arising from climate change that cause damages, the phenomenon of climate change has become a special protection, whether at the international level or in the constitutions and internal laws of countries due to the great damage that must be responsible, and necessarily entails a liability that requires compensation for the injured person for what he has suffered. Damage, and this civil liability that is organized by general rules and that arises through the legal bond between the responsible and the injured person with the intent of establishing adequate compensation to redress the damage. The problem of the research lies in examining the suitability of the general rules in the internal legislation to protect against the damages of climate change, in its current state, in compensating the damages resulting from climate change. Or does the nature of climate change prevent that? Can special legislation be enacted to combat this phenomenon?

Keywords