The Precautionary Principle in Civil Liability: A Contribution to the Development of Traditional Rules
Introduction
In today’s environment of rapid scientific research and technological development, different ways of applying new knowledge and innovations are constantly being engendered that present us with more possibilities and challenges. [1]
Spectacular industrial development that has been caused by social, economic and technological transformations, has touched the various aspects of human life. As a consequence, it has pushed the modern legislations to seek new and effective mechanisms along with traditional rules of civil responsibility, in order to strike a balance between the intensive use of technology (which became a new pattern of living) and its likely hazard in order to minimize the risks posed by certain contemporary humanitarian activities and practices.
The precautionary principle (PP) has gained much importance and has critically influenced academic dialogue, especially after the various crises [2] seen by the world in recent years. This proved that the development of technology and biological sciences has created new risks that were not familiar, such that existing legal solutions are no longer sufficient to confront them.
These factors have paved the way for a gradual shift from the application of traditional civil liability rules to a new liability framework that seeks to introduce global preventive liability based on precautionary measures.
Therefore, it can be said that these risks have been the main reason for applying the precautionary principle in order to guarantee better prevention from risks of industrial activities, and products that pose a real threat to the environment, health and safety.
In other words, the precautionary principle has become one of the most important topics that are addressed and discussed in modern times, because of its application to both international and domestic laws. Furthermore, it was regarded as a protective mechanism with a preventive function, especially when it comes to potentially uncertain, irreversible and serious damage. This leads to the following question: Should the precautionary principle become a true principle of civil liability law?
The objectives of this paper are, first to examine and discuss issues arising in the definition and the specific conditions of the principle in order to apply it in the specific field of civil liability; and second to consider the impact of the precautionary principle on traditional rules in civil liability. Especially when it comes to realizing the importance of the precautionary approach as a logical extension of commonsense concepts that guide daily life: “an once of prevention is worth a pound of cure“; “better safe than sorry“. It challenges us to prevent harm before it occurs. [3]
Discussion
1. Legal Concepts of the Precautionary Principle
The origins of the precautionary principle can be traced back to the German domestic law Vorsorgeprinzip [4] aimed at the protection of human health against the effect of certain chemical substances. [5]
However, it was devoted at the international level through the international agreements and treaties on environmental issues. The precautionary principle is included in the 1992 Rio Declaration on Environment and Development, and in the United Nations Framework Convention on Climate Change. [6] Later, the precautionary principle was incorporated into the article on precaution (Article 5.7) of the World Trade Organization’s (WTO) Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) of 1994, as well as into the Biosafety Protocol that was approved in Montreal in January 2000. [7]
The precautionary principle or precautionary approach, is used in variety of ways, and a wide range of formulations exists. [8]
Since, there is no unified definition for this principle, I will firstly examine the various definitions given to the PP, and then I will examine the application conditions as follows.
1.1. Definitions
The precautionary principle was formulated for the first time in the Rio Declaration on Environment and Development in 1992, and has been recognized as one of the important principles of the environmental protection. Principle 15 espouse the PP as follows:
“In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevalent environmental degradation.”
Equally, the PP was espoused in the London Declaration (Second International Conference on the Protection of the North Sea 1987) as follows:
“[…] In order to protect the North Sea from possibly damaging effects of the most dangerous substances, a precautionary approach is necessary which may require action to control inputs of such substances even before a causal link has been established by absolutely clear scientific evidence.”
Therefore, the precautionary principle has taken root to domestic laws especially environmental and consumer laws, after being one of the most applicant principles in the international law. These include the French law which adopted the precautionary approach in their constitution, the principle was established through (Article 5) [9] which provides for it as follows:
“Where the realization of damage, although uncertain in the state of scientific knowledge, could seriously and irreversibly affect the environment, the public authorities shall ensure, by application of the precautionary principle, and in their areas of attribution, the implementation of risk assessment procedures and the adoption of provisional and proportionate measures in order to counter the realization of the damage.”
Correspondingly, the French Environmental Law called Law of Barnier [10] adopted in 1995, attempted to provide for the precautionary principle as follows:
“The lack of certainty, under the present state of scientific and technological knowledge, should not lead to postpone effective and proportionate measures aimed at preventing threats of serious and irreversible damages to the environment at an acceptable economic cost.”
Moreover, in Italy, the legal recognition of the precautionary principle has been concreted with Legislative Decree No. 152/2006 (Environment Code), Article 301 ("Implementation of the Precautionary Principle"), Paragraph 1, states: "Pursuant to the precautionary principle referred to in Article 174 (2) of the EC Treaty, in case of dangers, if not potential, for human health and the environment, a high level of protection must be ensured." The Legislative Decree No. 4/2008 then introduced into the Environmental Code. [11]
Similary, it was also approved by the Algerian Legislature in Act No. 10-03 of 19 July 2003 related to environmental protection in the context of sustainable development, where Article 3 states:
''[...] The lack of certainty, due to current scientific and technical knowledge should not be a reason to postpone effective measures to prevent the risk of serious damage to the environment, at an acceptable economic cost."
Although, there is no unified definition of the precautionary principle, the conditions that should be achieved in order to apply it without giving an exhaustive definition may be established.
It can be said that the precautionary principle is a specific concept that can be reflected in the following five key elements:
It concerns uncertain or probable risks that are not proven yet. The precautionary principle must be applied to face rational danger. It must logically be related to serious or irreversible damage, even if there is an ignorance of the causes.
It is not only about the present, but also about the future. This is a principle for future generations as well as for present generations. Which lead to a collective-public responsibility approach.
In essence, it targets “serious” or “irreversible” threats. Therefore, the precautionary principle requires a set of procedures for risk assessment: tracking, conducting scientific studies, monitoring and surveillance.
It recognizes the need to take temporary, appropriate measures to deal with irreversible damage. Prevention is only a limited measure of temporary and modifiable measures based on emerging knowledge.
It is often resorted under the designation "risk management", which depends on the intervention of the public authorities (political, legal, administrative etc.).
1.2. Precautionary Principle or Prevention Principle: What Is the Difference? [12]
In matters of personal health, prevention and precaution are widely recognized „best practices”, [13] they are often confused, as they are used as synonymous concepts because of their great convergence. On the contrary, they are different in a range of aspects.
The precautionary principle based on confronting the potential risk due to lack of absolute scientific certainty about its seriousness and the gravity of the damages involved. In other words, adopting the precautionary principle is based on the lack of scientific certainty according to the available scientific knowledge and the absence of the causal link.
This suggests that adopting the prevention principle would be limited only to the therapeutic role (repairing the damage), while the prominent role of precaution is the prevention from probable risks, which finds its basis in doubt and future fears.
Accordingly, what distinguishes precaution from prevention is scientific knowledge, so the traditional preventive responsibility concept based on the economic analyses standing on the balance between benefits and proven damage to reduce harmful effects, is no longer useful in keeping with the technological developments that resulted in threats of the emergence of new risks, which has become a new paradigm with which to confront these dangers, which is sought by the precautionary principle.
1.3. Conditions to Apply the Precautionary Principle
In order to apply the precautionary principle, three basic conditions must be available:
Lack of scientific certainty: Previous research generally confirms that the PP obliges the authorities to take an early account of potential hazard, without waiting their full scientific establishment. [14] Besides, the precautionary measures should be taken when facing irreversible risks that are scientifically uncertain.
However, the precautionary principle is a norm and a benchmark to address situations of scientific uncertainty on potential damage to health and the environment. [15] Even if they cannot immediately show full scientific evidence supporting their allegations, states have to prove that they are actively committed to resolving existing uncertainty in a reasonable time limit. [16]
For instance, Article 5.7 of SPS Agreement states:
“In cases where relevant scientific evidence is insufficient, a member may provisionally adopt sanitary or phytosanitary measures on the basis of available scientific information, including that from the relevant international organizations as well as from sanitary and phytosanitary measures applied by other members.
In such circumstances, members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time.” [17]
Typically, this requirement is that the precautionary principle does not apply to proven risks, it is a prudential approach, only applied in the absence of sufficient scientific evidence based on current scientific knowledge. The availability of which would provide sufficient data on the risk and the magnitude of the potential damage.
In fact, the precautionary principle is one of the non-traditional solutions; it constitutes an exception to the rule of ‘’The law's dependence on scientific and technological progress".
Given the above discussion, this principle has not arisen as a result of the harmful results of scientific/industrial developments regarding the environment, health and safety, but rather to avoid a lack of certainty or a lack of scientific evidence, in order to require legal regulations in preventing their occurrence.
2. Threat of serious or irreversible harm: The PP is addressed in order to face harmful consequences caused by human’s dangerous activities. It is applicable to prevent serious, irreversible damage and it is harmful effects on human health and environment.
3. Acceptable economic cost: The precautionary principle requires precautionary measures to be proportionate to the severity of potential damage, but also to the plausibility of the threat and inversely to the costs of prevention, which include loss of benefits. [18]
1.4. The Influence of the Precautionary Principle on Traditional Rules of Responsibility
Liability is the obligation of a person under the applicable law to provide compensation for damage resulting from an action for which that person is deemed to be responsible. [19]
The precautionary principle has brought a new vision with which to explore the civil liability based on probable risks. It is addressing the "probable damage" instead of proven damage, it also provides an extension of causal link.
1.5. Precautionary Principle and Potential Damage: New Vision
The occurrence of damage leads to liability in general, whether in domestic or international law. [20]
Therefore, the Moroccan Legislator defined the damage through Chapter 98 of C.O.C as follows:
“The loss and the necessary expenses that were or will have to be spent to repair the results of the harmful act, as well as the benefit, it was denied in the ordinary course of the results of the harmful act.”
In fact, the damage is not subject to compensation if there is no set of elements, which is indicated by the legislator as follows:
The damage should be direct to clarify that it must be directly caused by the harmful act (error), as affirmed by the Moroccan legislator in Chapter 77 of the C.O.C.
The damage must be addressed to a legitimate interest.
The damage must be achieved immediately.
Conversely, the damage implied here is potential damage that did not occur, and there is no evidence that it will occur. Therefore, it is extremely likely to occur, but the degree of this possibility varies from strength to weakness.
Consequently, the adaptation of damage in the context of a precautionary philosophy requires a search for new methods that include the potential damage in the range of damage that entails the various legal effects of civil liability, provided that the likelihood of such damage is serious and irreparable. These methods determine the necessary compensation to offset past, current and future damages without directly valuing them in economic terms, by equalizing the amount of loss and gain of resources and services over time. [21]
In other words, the liability arising from the precautionary approach is a liability based initially on risk, since the latter, in turn, is uncertain and unknown.
In addition, it is based on the fear of encountering serious, non-refundable potential damage that may not materialize.
Extension of the Causal Link: Scientific causality is a precondition for legal causality, but it is not sufficient to establish the latter. In English law, the concept of legal causality is divided into two: first, the judge asks if the damage would have been caused without the fact in question. The fact will be considered a cause if it is a necessary condition for damage. When the actual causal relationship is established, the judge goes to the second condition; decide whether the type of injury is a reasonably foreseeable consequence of the fact in question. [22].
According to some doctrine, [23] the causal link could be explained as follows:
“It is not sufficient for tort to cause harm to a certain person because of another person's error. Rather, it must be the direct cause of the damage.”
According to German law, a person who has violated the precautionary principle is responsible, because of a causal infringement, when it is not possible to disregard his/her action (marketing of a dangerous product). [24]
In addition, the Moroccan’s Obligations and Contracts Code, Article 77, provides that:
"Any act committed by a person with his or her choice, without being permitted by law, causing material or moral damage to others, commits the perpetrator to compensate for such damage, if it is established that the act is the direct cause of the injury...’’
In the same way, Article 78 of the C.O.C. states:
"Every person is responsible for the moral or material damage he has caused, not only by doing so.. .When it’s proven that this error is the direct cause of the damage..."
In this regard, one researcher [25] continues:
“[...] The doctrine considers that, if it is unreasonable to require absolute certainty as to the absence of potential harm, prior to authorizing a polluting activity, it does not then accept a requirement of absolute certainty in the causal link through the extension of the judge's acceptance of the indicators and physical evidence, and sufficient to establish a sufficient probability of the causal link, thereby becoming certainty required in a relatively causal relationship.”
Thus said, the precautionary principle would broaden the traditional concept of causation, since instead of being a direct and constant relationship between the risks and the damage, it would become a mere relative probability and proportional relationship for the judge to be inferred by various legal presumptions and factual circumstances.
1.6. The Impact of the Precautionary Principle on Compensation Rules
Compensation is a significant effect of proven civil liability, as it is a way of redressing the harm suffered by others.
As the development of contemporary humanitarian activities has resulted in threats of new risks, the traditional rules of compensation, although sufficient to cover proven damages, are not sufficient to cover potential damages.
The consensus has been that the precautionary principle has a preventive role before its compensatory character, primarily aimed at precaution against unknown risks, since before recourse is made to damages, a range of preventive measures are taken. Such as temporary prevention of the activity or temporary with drawal of the commodity or product to avoid damage.
However, the developing concept of damage in the light of the emergence of ecological damage which threatens health and safety, as a result of the infinite manufacture and the use of chemicals, petroleum, atomic energy in all activities (medical industry services) presented a set of legal problems concerning the nature of the possible compensation for probable damage.
Correspondingly, it can be said that the nature of these potential damages imposes the necessity of distributing two kind of compensation in the light of the precautionary principle:
The Initial Compensation: Initially to compensate for damage as long as the latter has not yet been achieved, but current scientific indicators do not confirm or cancel the possibility of achieving it.
On this basis, the precautionary indemnity is considered as a deterrent sanction for not observing the precautionary principle, as it would affect the actions of entrepreneurs with future risks to the environment, where they remain responsible until the harmful activity is achieved and its results are completed.
In this regard, professor Echerkaoui explains:
''[...] The importance of compensating the victim has prompted many legislations to consider creating new mechanisms to ensure that some groups are compensated... One of the most important of these mechanisms is the so-called guarantee funds, which only guarantee the injured in a precautionary manner.” [26]
In the same way, the professor adds:
''[...] On the other hand, given the nature of some international risks, international funds have been created to ensure compensation for damages resulting from such risks, for instance the International Fund for Compensation of Damage caused by marine pollution, which was created under the 1971 Brussels Convention.”
In this regard, the Moroccan Legislature provides, in Article 60 of Law 11.03 on Environmental Protection and Rehabilitation, that:
"The National Fund for Environmental Protection and Rehabilitation shall be established and determined by the applicable text of the legal framework of this fund and its functions, resources and expenses."
Thus, the probability nature of the damage requires the judge to make the initial indemnity a guarantee of the victim's collateral, while it is a deterrent to the perpetrator of the harmful activity because of its irregularity and disrespect for the precautionary principle by evaluating the harmful effects of the activity or the product in a rough manner.
The Final Compensation: If the precautionary compensation for damage under the precautionary principle is considered as a lump-sum deterrent, it is the discretionary power of the judge, where the later assesses the risk and the approximate adaptation of the damage likely to occur.
Then final compensation requires that the damage occurred, since the later moves from being merely an uncertain potential harm to become an achieved proven damage, to which the various ordinary rules of responsibility apply.
Thus, the final compensation requires that the damage be fully compensated, as it includes the various material, physical and moral damages suffered by the victim, and the damages that should have been taken care of in order to avoid their occurrence.
Adopting the precautionary principle in assessing compensation also requires victims to have a specified period of time to claim additional compensation in the event of an aggravated damage or increasing consequences.
Conclusion
In summary, the changing nature of damage has transformed the precautionary principle into a new approach to risk management, the importance of which stems from attempts to control risks to ensure human safety, health and the environment; especially in light of the alarming rise in global catastrophes as a result of advances in science and industry, as well as the growing demand for and the desire to use nuclear energy regardless of its dangerous consequences.
Therefore, the precautionary principle is today a cornerstone for the creation of global preventive responsibility, given this serious environmental damage (global warming, ozone hole, water and air pollution, etc.), as well as damage to health (endemic diseases caused by industrial enterprises), cannot pass without consideration, as the thinker Hans Jonas writes in his famous book «The Principle of Responsibility»; it is impossible to evade responsibility in the face of future generations by registering this damage against unknown, although everyone must take responsibility as much as his contribution to it.
Therefore, the adoption of the precautionary principle can only be achieved by establishing its legal value:
Admittedly, by activating it at the realistic level and establishing mechanisms to strengthen its application (assigning the task of managing risks to certain competent authorities), considering that this principle is a tool owned by the state public authorities. In order to manage the potential hazards of a serious-irreversible risks that may affect human health or environmental balance.
Expertise must be rigorously organized to achieve quality and credibility.
This principle must be stipulated and regulated within the legal rules.
Finally, the application of the precautionary principle should not be limited only to environmental damage, but should be extended to the consumer sector; especially in all aspects of health security in the sequence of consumer protection and food security.
References
Pascal Gastineau-Emmanuelle Taugourdeau : Which compensation for whom , Documents de Travail du Centre d’Economie de la Sorbonne ,November 2012 ; Submitted on 26 Dec 2012, hal archives ouvertes.
Olivier Godard : the precautionnary principle between social norms and economic constructs, Cahier n° 2005-020, June 2005 .
Olivier GODARD : Revisiting the precautionary principle under the light of 2002-2003 Frensh and international events, October 2003, Cahier n° 2003-018
Olivier Godard : the precautionnary principle, the environnment and international trade : sovereignty and collective preferences in question, cahier n° 2005-06
Olivier Godard : the precautionnary principle between social norms and economic constructs, Cahier n° 2005-020, June 2005
Claude HENRY- Marc HENRY : formalization of the precautionnary principle, Cahier n° 2002-008
Abderrahman Echarkaoui, Civil law: A recent study of the general theory of obligations and contracts in light of the impact of the new economic Law concepts , first edition 2015
عبد الرحمان الشرقاوي- القانون المدني : دراسة حديثة للنظرية العامة للالتزام على ضوء تأثرها بالمفاهيم الجديدة للقانون الاقتصادي, الطبعة الأولى 2015
Mohammed hamidani : Environmental civil liability in Algerian and comparative legislation- towards a protective environmental responsibility. Edition dar al jami’a 2017 , p 171.
محمد حميداني، المسؤولية المدنية البيئية في التشريع الجزائري و المقارن نحو مسؤولية بيئية وقائية. دار الجامعة الجديدة،2017 ص 171
Carl SMITH : the precautionnary principle and environmental policy science, uncertainty, and sustainability. Special series(pdf document) p 263.
Gonzalo Quintero-Olivares : le principe de précaution et sa difficile incorporation au droit pénal1101, p406 - Article published in : « L’INFLUENCE DU PRINCIPE DE PRÉCAUTION SUR LE DROIT DE LA RESPONSABILITÉ CIVILE ET PÉNALE COMPARÉ » Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016.
The precautionnary principle : world commission on the Ethics of scientific knowledge and technology,printed in France, published in 2005 by the UNESCO.
Roosie COONEY : the precautionary principle in biodiversity and natural resource management, an issue paper for policy makers, researchers and practitioners ; IUCN policy and global change series No.2/ the world conservation Union 2004
Simon Taylor : la responsabilité civile et l’incertitude scientifique : rapport sur le droit anglais, published in : « l’influence du principe de précaution sur le droit de la responsabilité civile et pénale comparé.» Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016.
Christian Jäger : le principe de précaution comme maxime d’action en droit de l’environnement et de la santé ainsi que ses répercussions sur le droit pénal Allemand ; Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016.
[1]The precautionary principle- world commission on the ethics of scientific knowledge and technology - published in 2005 by the united nations educationnal scientific and cultural organization , p 1.
[2] For instance,Bovine spongiform encephalopathy commonly known as mad cow disease.
[3] Carl SMITH: the precautionary principle and environmental policy science, uncertainty, and sustainability. Special series.p 263
[4] Claude HENRY- Marc HENRY : formalization of the precautionary principle, Cahier n° 2002-008,p2
[5] Gonzalo Quintero-Olivares : LE PRINCIPE DE PRÉCAUTION ET SA DIFFICILE INCORPORATION AU DROIT PÉNAL1101, p406 article published in :« L’INFLUENCE DU PRINCIPE DE PRÉCAUTION SUR LE DROIT DE LA RESPONSABILITÉ CIVILE ET PÉNALE COMPARÉ » Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016.
[6] The precautionary principle : world commission on the Ethics of scientific knowledge and technology,printed in France, published in 2005 by the UNESCO p 8.
[7] The precautionary principle : world commission on the Ethics of scientific knowledge and technology, published in 2005 p 8.
[8] Roosie COONEY : the precautionary principle in biodiversity and natural resource management, an issue paper for policy makers, researchers and practitioners ; IUCN policy and global change series No.2/ the world conservation Union 2004 p 1
[9] « Lorsque la réalisation d’un dommage bien qu'incertaine en l'état des connaissances scientifiques, pourrait affecter de manière grave et irréversible l'environnement, les autorités publiques veilleront, par application du principe de précaution, et dans leurs domaines d'attribution, à la mise en œuvre de procédures d'évaluation des risques et à l'adoption de mesures provisoires et proportionnées afin de parer à la réalisation du dommage. »
[10] La loi 95-101 , dite loi Barnier( Article L110-1) cite : « le principe de précaution , selon lequel l’absence de certitudes, compte tenu des connaissances scientifiques et techniques du moment, ne doit pas retarder l’adoption de mesures effectives et proportionnées visant à prévenir un risque de dommages graves et irréversibles à l’environnement à un cout économiquement acceptable . »
[11] Michele Cespa : LE PRINCIPE DE PRÉCAUTION EN ITALIE - LE PROBLÈME DES CHAMPS ÉLECTROMAGNÉTIQUES-Article published in : « L’INFLUENCE DU PRINCIPE DE PRÉCAUTION SUR LE DROIT DE LA RESPONSABILITÉ CIVILE ET PÉNALE COMPARÉ » Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016, p 337
[12] « …The PP deals with risks with poorly known outcomes and poorly known probability, the unquantified possibility is sufficient to trigger the considerations of the PP, this distinguishes the PP from the prevention principle : if one does have a credible ground for quantifying probabilities, then the prevention principle applies instead. In that case, risks can be managed by, for instance, agreeing on an acceptable risk level for the activity and putting enough measures in place to keep the risk below that level… »
The precautionnary principle : world commission on the Ethics of scientific knowledge and technology, published in 2005, p 13.
[13] Carl SMITH : the precautionnary principle and environmental policy science, uncertainty, and sustainability. Special series (pdf document) p 263.
[14]Olivier Godard : the precautionary principle, the environnment and international trade : sovereignty and collective preferences in question, cahier n° 2005-06, P 3
[15] Olivier Godard : the precautionary principle, the environnment and international trade : sovereignty and collective preferences in question, cahier n° 2005-06, P 6
[16]Olivier Godard : the precautionary principle between social norms and economic constructs, Cahier n° 2005-020, June 2005, P 6
[17]Olivier Godard : the precautionary principle between social norms and economic constructs, Cahier n° 2005-020, June 2005 p 6
[18] Olivier GODARD : Revisiting the precautionary principle under the light of 2002-2003 Frensh and international events, October 2003, Cahier n° 2003-018, p 7
[19] The precautionnary principle: world commission on the Ethics of scientific knowledge and technology, published in 2005 p 24
[20] Yousfat Ali Hachem- Abdelkader Mahdaoui : international liability for damage caused by nuclear Leaks, P 5
[21] Pascal Gastineau-Emmanuelle Taugourdeau : Which compensation for whom, Documents de Travail du Centre d’Economie de la Sorbonne, November 2012 ; Submitted on 26 Dec 2012, hal archives ouvertes, p 4
[22] Simon Taylor : LA RESPONSABILITÉ CIVILE ET L’INCERTITUDE SCIENTIFIQUE : RAPPORT SUR LE DROIT ANGLAIS Université Paris Diderot /« L’INFLUENCE DU PRINCIPE DE PRÉCAUTION SUR LE DROIT DE LA RESPONSABILITÉ CIVILE ET PÉNALE COMPARÉ » Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016, p 266.
[23] Abderrahman Echarkaoui, Civil law: A recent study of the general theory of obligations and contracts in light of the impact of the neweconomic Law concepts , first edition 2015 p 119
[24]Christian Jäger : LE PRINCIPE DE PRÉCAUTION COMME MAXIME D´ACTION EN DROIT DE L´ENVIRONNEMENT ET DE LA SANTÉ AINSI QUE SES RÉPERCUSSIONS SUR LE DROIT PÉNAL ALLEMAND ;Recherche réalisée avec le soutien de la Mission de recherche Droit et Justice Septembre 2016, p 329.
[25] Mohammed hamidani : Environmental civil liability in Algerian and comparative legislation- towards a protective environmental responsibility. Edition dar al jami’a 2017 , p 171.
[26] Abderrahman Echarkaoui, Civil law: A recent study of the general theory of obligations and contracts in light of the impact of the neweconomic Law concepts , first edition 2015 p 393.
Edited by Margarita Mikhailova & Nataliya Napetova