فهرست نشریات علمی دسترسی آزاد ایران

The core of the problem lies in the fact that environmental damage poses the greatest challenge to fault-based liability systems. On the other hand, it also offers the best opportunity to develop strict liability or no-fault systems. This paper examines and evaluates the ability of Jordan’s current civil liability system to address environmental damage and assesses a hybrid liability model as a basis for reform. It employs doctrinal and comparative legal research methods. The relevant laws and regulations examined include the Jordanian Civil Code, the Environmental Protection Law No. 6 of 2017, and selected European and French models of environmental liability. One of the major findings is the significant gap between public environmental regulation and private compensation mechanisms in Jordan. The requirements of fault, damage, and causation for obtaining civil remedies often result in gaps in addressing cumulative, scientifically uncertain, ecological, or hazardous environmental harm. The law has not yet recognized ecological damage as an independent legal interest and continues to rely on monetary compensation. This article proposes adapting a hybrid model of environmental liability within Jordanian civil law, including fault-based compensation, targeted risk-based liability, recognition of ecological damage, evidentiary adjustments, and restorative remedies within a unified reform framework. The proposed model retains fault-based liability for civil damage, introduces risk-based liability for hazardous activities, and incorporates evidentiary standards adjusted under the polluter-pays principle, ecological damage, restorative remedies, and an environmental compensation fund. The proposed model presents a balanced approach that would promote fairness and deterrence, strengthened prevention, enhance compensation, and support the effective restoration of the environment.