Líneas de defensa judicial de las empresas trasportadoras de hidrocarburos por daños ocasionados como consecuencia de atentados terroristas perpetrados en contra de sus infraestructuras

Abstract

The Colombian context is quite difficult to understand and analyse, since the occurrence of conflictual events has determined the way of life and the way of establishing social and cultural relations in the vast majority of the regions of the country. As a result of the foregoing, there is a recurrence of such attacks in certain areas of the country on a continuous and repeated basis, with the aim of destabilizing the state apparatus and attacking property affecting the civilian population, as a way of drawing attention to and fighting for the causes that subversive groups create. In this sense, the transportation infrastructure of hydrocarbons, both public and private entities, turns out to be chosen as the target of attack in the vast majority of occasions.

The foregoing causes damage to the civilian population and to their lifestyle, and therefore imminently initiates proceedings for tort liability in order to compensate and make reparation for the damages suffered, demanding both the state and the oil companies that own the structures under attack, reason why it is useful to inquire about what strategies these oil companies have in those events in which they appear as a defendant, being held liable for damage caused to the population and the environment by attacks by illegal groups on their infrastructure, which will be analysed in the present investigation, given that there is no case law, neither the regulations, has generated a unified approach that covers the possible lines of defense against these situations.