Principles of liability in European environmental law: Comparison with the United States

The European Union has changed its paradigm in the formation of its Environmental Law. Unesco, in 1989 in Vancouver (Canada), declared: "The survival of the planet is now a major and immediate concern (...). Any delay in the establishment of a world eco-cultural peace will only increase the cost of survival". In line with this warning, the United States and the European Union first adopted strict liability regimes for environmental damage. The "polluter pays" principle, which appeared at the end of the 20th century and was inspired by the United States, seemed at first sight to be the most suitable to ensure the almost systematic repair of damage. However, the European Union noted the negative financial consequences of the principle and its legal fragility and turned to the principle of fault-based liability in 2004.