Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union

被引:0
作者
Thiet, Tran Cong [1 ]
Thuy, Vu Thi Duyen [2 ]
机构
[1] Univ Warsaw, Warsaw, Poland
[2] Hanoi Law Univ, Hanoi, Vietnam
来源
STUDIA PRAWNICZE KUL | 2021年 / 03期
关键词
environmental damage; environmental damage compensation; EU directive on compensation; the in-demnifiers; Environmental insurance;
D O I
10.31743/sp.10660
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance be-tween economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environ-mental damage compensation in Vietnam.
引用
收藏
页码:277 / 306
页数:30
相关论文
共 49 条
  • [1] Anke H.T., 2014, Journal for European Environmental & Planning Law, V11
  • [2] Coping with EU Environmental Legislation-Transposition Principles and Practices
    Anker, Helle Tegner
    de Graaf, Kars
    Purdy, Ray
    Squintani, Lorenzo
    [J]. JOURNAL OF ENVIRONMENTAL LAW, 2015, 27 (01) : 17 - 44
  • [3] [Anonymous], 2011, Vu Thu Hanh, Tran Tien Anh, the right to sue for damage due to violations of environmental law in Vietnam-Legal basis and implementation process
  • [4] [Anonymous], 1992, United Nations conference on environment development Rio de Janerio, Brazil, 3 to 14 June 1992: Agenda 21
  • [5] Barrenetxea G., 1997, Journal of Environmental Liability, V6
  • [6] Betlem G., 1998, Towards a European Civil Code
  • [7] Brans E. H. P., 2018, EQUIVALENCY METHODS, P3
  • [8] Broderick J.W., 2000, Environmental Quality Management, V10
  • [9] Bui K.H., 2012, Vietnam Legislative Studies Journal
  • [10] Communist Party of Viet Nam, 2001, The Report of the Central Committee of the Communist Party of Viet Nam of the Eighth National Party Congress on the Documents of the Ninth National Party Congress: Promoting the Nationwide Strength, Continuing Renovation, Enhancing Industrialisation, Modernisation, Building and Protecting the Fatherland of the Socialist Republic of Viet Nam, in: Documents of the Ninth National Party Congress