Conceptual distinctions to determine international jurisdiction for environmental damage. Comparative law study based on article 5.3 Regulation (EC) Brussels I

Abstract

International companies (or transnational corporations) may be a serious threat to the main comparative and competitive advantage in the most of American countries: their natural resources. In this context, the notion of environmental damage and the notion of civil damage –both legal categories inherited from the classical theory of torts – take nuances in front of an international legal relationship. From the European experience, we propose a conceptual study, about the nature and characteristics of the international damage: civil and environmental. Backed by the extensive jurisprudence of the European Court of Justice, we intend to differentiate between international civil damage and international environmental damage. This work also explores the concept of “Transnational harm” as a kind of “international damage”. Finaly, the terms “hecho generador” (place where the damage occurred), and “resultado dañoso” (place where the damage shows consequences), unknown –or at least not used in the American legal tradition- will help us to build relationships, identify gaps and discuss the state of issues on the European continent.