The theoretical basis of non-fault-based liability in environmental dispute resolution and suggestions for Vietnam

Abstract

The article clarifies the theoretical issues of non-fault-based liability in settling disputes of compensation for damages caused by acts of environmental pollution based on doctrines of strict and absolute liability and the rule of fair distribution, then analyses the legal provisions in Vietnam related to this issue. On that basis, the article suggests amending the 2020 Law on Environmental Protection towards applying absolute liability for business behaviour and strict liability for non-business ones.