By Bernhard A. Koch
Monetary losses as a result of the admixture of genetically transformed vegetation with traditional or natural plants are ruled by way of a number of regimes all through Europe at the present, and redress isn't both to be had. Tort legislations ideas on my own range fairly considerably, no longer least simply because a few international locations have brought particular legal responsibility regimes. Others have already (or are contemplating to) manage reimbursement money. This e-book offers how ecu jurisdictions reply to such losses, and what choices there are in a comparative viewpoint. except tort legislation, assurance types and different repayment schemes are thought of, with a unique specialise in cross-border elements. specialists from just about all ecu international locations deal with the subject from the point of view in their respective jurisdictions. additional contributions contain an financial research of attainable ideas in addition to a survey of coverage difficulties. The e-book is concluded by way of a accomplished comparative assessment and an evaluate of felony coverage matters.
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Extra info for Economic Loss Caused by Genetically Modified Organisms: Liability and Redress for the Adventitious Presence of GMOs in Non-GM Crops (Tort and Insurance Law)
Malta (a) Special liability or compensation regime 94 No legislative measures currently prescribe special liability or other compensation regimes for GMO related liability. This lacuna will be reviewed in due course. (b) General liability or other compensation schemes 95 In cases of GMO contamination, fault-based liability under the Civil Code or provisions under the Environment Protection Act could apply. 96 For causation, the claimant must prove that the tortious act was an immediate and direct cause of the damage though if the tortious act was the only indirect proximate cause, this may suffice.
Latvia (a) Special liability or compensation regime 75 At present, there are no special liability or other compensation regimes which specifically address liability for GMOs. Liability arising from GMO admixture and damage will continue to be regulated under general tort law. There are no existing specific compensation funds set up to contend with the consequences of GM crop admixture. g. where the defendant failed to apply proper segregation/legal measures. Joint and several liability applies where ascertainment of the extent of each tortfeasor’s actions is unfeasible.
Broadly, if the defendant establishes force majeure, contributory negligence or that the item liable for the damage was used consistently with prescribed guidelines/ statutes, he will be exonerated. Product liability provisions may also be invoked. Alternative remedies may be sought. Solidary liability applies in the case of multiple tortfeasors. Recourse between contributing tortfeasors is permissible. Environmental clean up provisions exist where the polluter falls short. These are unlikely to compensate GMO victims.