1 / 9

What would be the nature of the liability in your country: strict / fault based?

ornice
Download Presentation

What would be the nature of the liability in your country: strict / fault based?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. In the case of an accident in your country during a transboundary movement of hazardous wastes, who will be liable for the damage caused according to domestic law: the generator (even if the generator is outside the country) / the owner / the carrier / the disposer / any other party to the transaction? In compliance with the national legislation the person, that had caused the damage bears the liability.

  2. What types of damage are covered in your domestic law: personal injury / loss of life / damage to property / damage to the environment / any other? The national legislation provides for applying sanctions for damages caused to health and to the environment.

  3. Which is the relevant agency for the enforcement of liability in your country: national courts / regulatory agencies regulating health and safety and/or environmental matters / any other? The detection of cases and set up of the materials concerning the damage caused to the environment is done by the State Ecological Review, and the sanctioning is done by the judicial bodies.

  4. What would be the nature of the liability in your country: strict / fault based?

  5. Are there any time limits to the liability? The national legislation stipulates the time limit for the guilty person to be drawn to responsibility.

  6. Are there any minimum or maximum financial limits to the liability ? There are different limits of fines for different types of contravention.

  7. Is there any existing insurance coverage in respect of any or all of the incidents and/or damage contemplated by the Protocol? Not for everyone, and that is why the legislation needs to be modified.

  8. Have you identified any gaps in your liability legislation that could lead to cases where damage caused by accidents remain uncovered? No identification had been done.

  9. Has your country entered into any regional or bilateral agreements regarding liability in connection with accidents during a transboundary movement of hazardous wastes? If so, please provide information. Such Agreements in the above mentioned sphere are lacking.

More Related