The civil liability for environmental damages in Algerian legislation

Abstract

The study aims to clarify the concept of environmental pollution and the content of environmental damage, in addition to identifying the legal provisions regulating the civil liability for environmental damages in Algerian legislation. We have concluded that the specificity of civil liability for environmental damages appears in the specificity of environmental damage which is indirect, which leads to the difficulty of proving the causal relationship between the damage and its perpetrator. The environmental damage is also characterized by being lax and long-term, which affects the fall of the compensation claim; In addition to the difficulty of proving interest in lawsuits about environmental damage, as they are a common heritage of humanity, which hindered the settlement of issues related to the environment, and explains the lack of handling in the Algerian judiciary, especially since environmental disputes are of a technical nature that requires extensive experience and deep knowledge, and national legislation has been entrusted with The issue of resorting to the judiciary in environmental matters to the associations concerned with the protection of the environment. Therefore, the rules of civil liability for environmental damage must be developed by following the example of the experiences of leading countries in strengthening the insurance system in environmental matters.