Environmental Protection Based on the Law of Tort Focusing on Negligence Through Mediation Towards Sustainable Development in Malaysia

The law of tort is one of the private law that plays an important role in environmental protection towards achieving sustainable development. The law of tort can be divided into several parts which include negligence, nuisance, trespass and strict liability. Therefore, this paper examines the law of tort focusing on aspect of negligence on the matter of environmental protection towards sustainable development. This paper also, identifies cases and actions on the matter of environmental protection towards sustainable development through the law of tort focusing on aspect of negligence in Malaysia. Finally, this paper also discusses on the above mentioned law as an instrument for the environmental protection towards sustainable development, which is not based solely on the court dispute settlement process, but can also be taken in other dispute settlement process such as mediation. Mediation is more flexible compared to the court dispute settlement process. Mediation is also highlighted on good communication as well as negotiation in order to reach an agreement between parties in complex dispute, which, in line with sustainable development.