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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).

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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
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