Editorial note

The Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment, negotiated under the auspices of the Council of Europe, has as its object the assurance of ‘adequate’ compensation as well as prevention and reinstatement (Article 1). The Convention applies to all incidents causing damage or grave or imminent threat of damage (defined extensively so as to include injury to life, property and the environment (Article 2(7)) within the territory or jurisdiction of a Party (Article 3)). The Convention does not apply to damage arising from carriage, from nuclear substances regulated by the Paris or Vienna Convention or at least as favourable internal law (Article 4(1) and 4(2)). It also does not apply to the extent that the Convention is inconsistent with worker's compensation or social security laws (Article 4(3)).

The Convention's central provision deems an operator of an installation strictly liable for damage caused by engaging in a dangerous activity (Article 4(1)). If an incident is a continuous or series of occurrences having the same origin, or damage is the result of incidents occurring in several installations or sites where dangerous activities are conducted, all operators controlling the dangerous activity during any of the occurrences are jointly and severally liable except to the extent that an operator can show that it caused only a part of the damage (Articles 4(2), 4(3) and 11). In addition, operators of waste deposits are strictly liable where that waste causes damage (Article 7(1)).