مجلة الاجتهاد للدراسات القانونية والاقتصادية (Jan 2020)
Marine Pollution : Ecological Damages And Compensation Under French Law. (Case Law And Statute Law)
Abstract
The important case of marine pollution occured whith the Erika ship sinking off the cost of France in 1999 has contributed to the evolution of the marine environment law and even to the environment law in general. The French Cour de cassation has specified number of provisions of Civil Liability Convention on marine pollution (CLC 1969/1972). The same Cour de cassation has consacrated the notion of ecological prejudice. The French legislator has itself integrated the notion and concluded under the new article 1246 of Civil Code that everyone who causes an ecological damage has to repair it. This new provision demonstrates as much the juridical community nowadays considers the ecological issue.