The paper intends to get on some issues of glacier law, from the legal perspective of damages compensation, starting from the public nature of glaciers.
The elements of damage to the glacier can be identified as damage “to” the glacier and damage “for” the glacier, in light of some recent tragic events that have led even jurists to consider a source of damage related to the issue of glacier melting caused by climate change.
For instance, the legal issues underlying the Marmolada tragedy and the Blatten catastrophe will be addressed, with the aim of outlining some significant guidelines for glacier law, in relation to the damages compensation in civil Italian law.
In this vein, some significant legal decisions issued following the most significant environmental damage trials dating back to the second half of the twentieth century. will align the outcomes of these proceedings and the underlying legal issues with a possible “law and preservation of glaciers and alpine people”, also in constitutional and administrative jurisprudence.
Finally, the paper address a topic partly connected to the rights of glaciers, namely the preservation of mountain areas, alpine populations and animals, through an efficient healthcare network of home and local care.
