Licence to Pollute? Revisiting the Regulatory Compliance Defence in Civil Proceedings in Cases of Human Rights Violations

Abstract

There are various examples of industrial activities carried out in compliance with public regulation or permits that result in harm to human health and the environment. In several legal systems, regulatory compliance may have a safeguarding effect in civil proceedings, often preventing civil law from providing legal protection against the harmful consequences of industrial activities. This article discusses under which circumstances such a safeguarding effect of regulatory compliance is untenable when human rights are at stake. It argues that Articles 2 and Article 8 of the European Convention on Human Rights influence the civil liability of operators and limit regulatory compliance as a defence in private law litigation.