Administrative Responsibility Regarding the Loss Stemming From CBRN Threats And Hazards Under Risk Principle

The dispersion of CBRN (Chemical, Biological, Radiological, Nuclear) materials in environment accidentally or intentionally causes mortality and a great loss of property besides leading to long lasting negative effects. Administrative authorities may play critical role in preventing CBRN threats and hazards and reducing damages arising from CBRN. In this respect pecuniary liability of administration regarding the loss generating from CBRN materials becomes an important issue. Administrative responsibility with regard to administrative transactions and actions emerge as faulty and strict liability. Strict liability is generally dealed under risk principle and balancing of sacrifices principle distinction. This paper focuses on administrative responsibility arising from CBRN threats and hazards under risk principle. In the first instance administrative responsibility under risk principle in Turkish Law is explained. As for the following part administrative responsibility regarding the loss stemming from CBRN threats and hazards is analyzed in accordance with the risk principle