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Responsibility Of Invasive Alien Species Infringement

Posted on:2015-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:X X ChenFull Text:PDF
GTID:2296330422482960Subject:Law
Abstract/Summary:PDF Full Text Request
The damage to the personal right, the property right and the ecological caused byinvasive alien species are gradually realized by people and attached more and moreimportance by the society. The tortious liability is particularly important since the damage ofthe ecological environment which is the main damage caused by the invasive alien speciesand unable to get adequate relief due to the law gap of the Ecological Safety Legislation, theunsound law system against invasive alien species and especially, the lack civil liability.The first part outlines the definition of invasion of alien species, analyses of channels ofalien species invasion, consequences caused by artificial introductions, comprising intentionalintroductions, unintentional introductions and invasion rosed from transgenictechnology-driven introduction. as well as particularly focusing on how to reduce or eliminatehuman-driven alien species invasion on the paper. Then the issue of detriment of invasivealien species will be analyzed in the next charter, together with analysis of the inherentcausality between human-responsible invading species and the attendant damage, includingpersonal injuries, property or pecuniary loss, effect on ecological environment. It alsorationalizes and extends application of causality theory to study of tort on invasion of alienspecies, through which the aggrieved party can claim compensations against inflictor onlypresenting evidences or facts without examining causal relationship involved. Based onprevious analysis, behaviour is convicted on the premise that artificial introductions are foundto have correlation with invasion of alien species and the damages. On charter four, necessityof establishing accountability system would be illustrated. At the same time, this chapterdefines liability of man-led alien species invasion by segmenting liability according todamage range and human involvement of introduction of exotic species, on the base of laweconomic cost analysis. At the end of the dissertation, the implementation is expounded. Theimplementation consists of tortuous liability, clarification of liability, methods of bearingliability compensation etc.
Keywords/Search Tags:invasive alien species damages, causality, doctrine of liability fixation, tortiousliability
PDF Full Text Request
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