Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 2, pp. 577-594
Language of the paper: Serbian
Original scientific paper
udk: 347.426.6:[504.61:341.221.1
doi: 10.5937/zrpfns52-18859
Authors:
Sandra Fišer Šobot, Ph.D., Associate Professor
University of Novi Sad
Faculty of Law Novi Sad
s.fisersobot@pf.uns.ac.rs
Vladimir Marjanski, Ph.D., Associate Professor
University of Novi Sad
Faculty of Law Novi Sad
v.marjanski@pf.uns.ac.rs
Zoran Arsić, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
z.arsic@pf.uns.ac.rs
Drago Divljak, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
d.divljak@pf.uns.ac.rs
Abstract:
Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters (the Protocol) was adopted in 2003 under auspices of The United Nations Economic Commission for Europe (UNECE). The Protocol aims to give individuals affected by transboundary impact of industrial accidents on international watercourses a legal claim for adequate and prompt compensation. The Protocol channels liability towards operators performing hazardous activity. Operators will be liable for accidents in an installation, including tailing dams, as well as accidents during transportation on the site of a hazardous activity or during off-site transportation via pipelines. The notion of damage is broadly defined and encompasses loss of life or personal injury, loss of, or damage to, property, loss of income, the cost of measures of reinstatement of the impaired transboundary waters, and the cost of response measures. The system of the Protocol is based on objective liability. However, strict liability rule is somewhat alleviated by a limited set of exemptions and by financial limits of liability depending on the risk of the activity. Liability limits are coupled with mandatory financial security requirements.
Keywords:
environmental protection, industrial accident, transboundary effects, operator, civil liability for damage, compensation for damage.