Economic Analysis of Proof of Causation in Environmental Torts
One of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law, results in denial of tort claims which itself...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-08-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_10174_f98f43c264c05d7b9c0aec135866a7d0.pdf |
| _version_ | 1827398481893916672 |
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| author | Hasan Badini Farzaneh Motevaseliyan |
| author_facet | Hasan Badini Farzaneh Motevaseliyan |
| author_sort | Hasan Badini |
| collection | DOAJ |
| description | One of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law, results in denial of tort claims which itself, encourages the tortfeasor to externalize costs of his hazardous activities, dilutes his incentives to reduce environmental risks in an optimal way, and finally, disturbs the deterrent function of tort law. On the contrary, in recent decades, it is widely accepted that the preventive principle plays a crucial role in sustainable development. The importance of preventive approach in environmental policies requires the tort law –as one of the means of such policies –to serve the aim of deterrence as well as compensation. With these points in mind, this paper first clarifies the three main situations in which the proof of causation is problematic. It then tries to analyze possible solutions of those situations, using an economic perspective and to propose the most compatible solution with deterrence and efficiency, namely using the proportional liability in specific categories of environmental accidents. |
| first_indexed | 2024-03-08T19:29:14Z |
| format | Article |
| id | doaj.art-32ad3e2ef2284d748dfee87e350f874d |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:14Z |
| publishDate | 2019-08-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-32ad3e2ef2284d748dfee87e350f874d2023-12-26T07:48:36ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322019-08-0172713916610.22054/jplr.2017.16270.141710174Economic Analysis of Proof of Causation in Environmental TortsHasan Badini0Farzaneh Motevaseliyan1Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, IRANLL.M. in Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, IRANOne of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law, results in denial of tort claims which itself, encourages the tortfeasor to externalize costs of his hazardous activities, dilutes his incentives to reduce environmental risks in an optimal way, and finally, disturbs the deterrent function of tort law. On the contrary, in recent decades, it is widely accepted that the preventive principle plays a crucial role in sustainable development. The importance of preventive approach in environmental policies requires the tort law –as one of the means of such policies –to serve the aim of deterrence as well as compensation. With these points in mind, this paper first clarifies the three main situations in which the proof of causation is problematic. It then tries to analyze possible solutions of those situations, using an economic perspective and to propose the most compatible solution with deterrence and efficiency, namely using the proportional liability in specific categories of environmental accidents.https://jplr.atu.ac.ir/article_10174_f98f43c264c05d7b9c0aec135866a7d0.pdfcausal uncertaintyeconomic analysis of tort lawefficiencydeterrenceindeterminate tortfeasorindeterminate victim |
| spellingShingle | Hasan Badini Farzaneh Motevaseliyan Economic Analysis of Proof of Causation in Environmental Torts Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī causal uncertainty economic analysis of tort law efficiency deterrence indeterminate tortfeasor indeterminate victim |
| title | Economic Analysis of Proof of Causation in Environmental Torts |
| title_full | Economic Analysis of Proof of Causation in Environmental Torts |
| title_fullStr | Economic Analysis of Proof of Causation in Environmental Torts |
| title_full_unstemmed | Economic Analysis of Proof of Causation in Environmental Torts |
| title_short | Economic Analysis of Proof of Causation in Environmental Torts |
| title_sort | economic analysis of proof of causation in environmental torts |
| topic | causal uncertainty economic analysis of tort law efficiency deterrence indeterminate tortfeasor indeterminate victim |
| url | https://jplr.atu.ac.ir/article_10174_f98f43c264c05d7b9c0aec135866a7d0.pdf |
| work_keys_str_mv | AT hasanbadini economicanalysisofproofofcausationinenvironmentaltorts AT farzanehmotevaseliyan economicanalysisofproofofcausationinenvironmentaltorts |