THE LIBERAL JUDICIAL INTERPRETATION OF NUISANCE FOR THE PROTECTION OF THE ENVIRONMENT: AN ANALYTICAL STUDY IN THE FRENCH JURISPRUDENCE

Ghazi Abu Orabi

Abstract


Scientific reports have warned against the widespread of the environmental damages resulting from the use of utility poles, nuclear plants, and other industrial establishments. This poses a lot of legal issues with regard to the liberal interpretation of courts to the tort of nuisance as a basis on which the neighbors of those sources of pollution can establish their claims for compensation regardless of the degree of geographical proximity between the injured party and the source of pollution and regardless of the nature of this source. This article discusses the liberal interpretation of nuisance as a basis for environmental liability.


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