The International Perspective on Proving the Causal Link in Environmental Damage: Problematic Aspects Mitigation Solutions

Abstract

The causal relationship represents the direct link between an act (or its cause) and the resulting outcome. While proving this relationship aligns with established traditional legal principles, it becomes particularly challenging in environmental contexts due to the multiplicity and complexity of damage sources.

This study seeks to explore these challenges and propose practical solutions to address them. The research is structured into two main sections: the first examines the concept of the causal relationship and the various theories related to its proof, while the second focuses on the specific difficulties of establishing causation in environmental damage cases, along with suggested methods to overcome these obstacles without departing from general legal principles.

The study concludes that the “effective cause” (or “producing cause”) theory is among the most suitable approaches consistent with general rules. However, judges should also take into account modern legal and judicial developments when assessing causation.