The Law to be Applied to Fault Liability for Biological Damage Prepared by

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Umm Kulthum Sobeih Muhammad
Asma Saber Alwan

Abstract

Biological damage is the problem of the modern age and a common danger
threatening the existence of the world, both states and individuals, because of the
use of modern technology and the industrial development, which depleted and
contaminated natural resources so much that such damage has become a threat to
the life of humans and a danger that may cause the extinction of many living
beings. Civil fault liability plays a key role in prevention biological damage by
imposing it on anyone exceeding the limits of using the rights granted to him and
violates legislature orders. This means that individuals right to live in a society is
restrained by the obligation of not contaminating the environment with smokes,
lethal gases, and toxic materials, as well as genetically-modified creatures, which
may negatively impact biological diversity.
Given that biological damage is a cross-border one, liability for biological
damage raises a problem related to the extent of determining the law to be
العزاق
جامعت مٍسان – كلٍت المانون
مجلت مٍسان للذراساث المانونٍتالممارنت
ISSN-2521-4675
132
applied, as the time, location, or the causing act may delay or be difficult to
identify.
In order to identify the law to be applied to such liability, this paper is divided
into two sections. Section one examines the traditional trends in identifying the
law to be applied to liability, while section two shows the modern trends in in
identifying the law to be applied to liability.
Key words: conflict of laws, liability, biological damage, biological diversity

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How to Cite
ام كلثوم صبيح محمد, & اسماء صبر علوان. (2020). The Law to be Applied to Fault Liability for Biological Damage Prepared by. MIsan Journal of Comparative Legal Studies, 1(2), 241–264. https://doi.org/10.61266/mjcls.v1i2.42
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