Liability issues
This presentation is the property of its rightful owner.
Sponsored Links
1 / 10

Liability Issues PowerPoint PPT Presentation


  • 63 Views
  • Uploaded on
  • Presentation posted in: General

Liability Issues. Laura van der Meer, Esq. When does liability arise?. Damage recognized by the law. A person can be held liable because: He is at fault (fault-based liability) The damage resulted from an ultra-hazardous activity (strict liability).

Download Presentation

Liability Issues

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Liability issues

Liability Issues

Laura van der Meer, Esq.


When does liability arise

When does liability arise?

  • Damage recognized by the law.

  • A person can be held liable because:

    • He is at fault (fault-based liability)

    • The damage resulted from an ultra-hazardous activity (strict liability).

    • He agreed to take responsibility under a contract (contract law).


Standards of liability

Standards of Liability

  • Fault based liability is the norm.

  • Enforcement of contracts between private parties.

  • Strict liability is reserved for ultra-hazardous activities.


Types of damage

Types of Damage

  • Traditional Damage

    • Personal injury

    • Loss of or harm to property

    • Harm to economic interests

  • Environmental Damage

    • Damage to the conservation and sustainable use of biodiversity


Existing situation

Existing Situation

  • Existing laws and mechanisms provide necessary means for relief.

    • Law

      • National Law

      • Public and Private Intl. Law

    • Arbitration and Dispute Resolution

      • BSP/CBD Dispute Resolution

      • Permanent Court of Arbitration, others


National law

National Law

  • Traditional Damage

    • Contract Law

    • Administrative Law

    • Product Liability Law

    • Torts

    • Nuisance Law

  • Environmental Damage

    • Environmental or Biodiversity Liability


Environmental liability

Environmental Liability

  • General liability law for damage to environment or biodiversity.

  • CBD Article 14.2 process

  • UNEP Initiative

  • Capacity building initiatives


Current treatment of liability

Current Treatment of Liability

  • Biotech/biosafety law is silent:

    -- Japan

    -- Australia

    -- Indonesia

    -- Philippines (Dept of Ag Admin Order)


Viet nam 2003 draft

Viet Nam (2003 draft)

“In the case of adverse effects to the environment and human health, individuals and/or organizations involved in the production and trading of GMOs and their products should be obliged to recover, compensate for damages, and report to relevant authorities.”


Philippines eo for nbf

Philippines (EO for NBF)

  • Admin

  • Criminal

  • Civil

  • International law

  • Review of remedies


  • Login