Responsibility And Liability For Transboundary Environmental Damage

With the rapid developments in technology, many countries are focusing on the development and utilization of energy, outer space resources and undersea resources. At the same time, these activities lead to many accidents, which do harm to our society, to neighboring residents, to property and to the environment. As we all known, traditional state responsibility is based on the premise of breach of obligations under international law, while in the field of transboundary environmental damage, the system of state responsibility is no longer just for its internationally wrongful act liability, but also includes the international liability for the acts which are not prohibited by international law but lead to damage. Thus, with the change of objective needs, the traditional system of state responsibility is changing a lot, being enriched and developed.Based on a brief explanation of transboundary environmental damage and beginning with cases, this essay observes on the development of responsibility for transboundary environmental damage, holds a discussion about the disadvantage of the traditional system of State responsibility and its plight of application. It traces the origin of international civil compensation system, and introduces China's attitude and position at this point. Finally, there are a few suggestions for China to deal with the problem of transboundary environmental damage. As what has been talked above, this essay is divided into four chapters:Chapter one is a brief explanation of the definition and classification of transboundary environmental damage. There was a long exploring journey for the nternational community before the definition of transboundary environmental damage was given. The definition in international liability for injurious consequences arising out of acts not prohibited by international law (International Compensation Responsibility) given by the International Law Commission is often quoted by many international conventions and treaties from then on. Through the interpretation of the terms such as "transboundary", "State of origin", "injured State" and "damage", many people begin to know what is transboundary environmental damage. Besides, the types of transboundary environmental damage are various, and each of them has its own unique characteristics, corresponding to accountability in different ways. This essay classifies transboundary environmental damage from two aspect, introducing the discussion of international liability and responsibility for injurious consequences arising out of acts not prohibited by international law.Chapter two is beginning with the case of the Trail Smelter. By analyzing and reflecting what the case has brought to the responsibility system, the auther discusses how responsibility for transboundary environmental damage improves and complements the traditional system of State responsibility. The plight of application of the system of State responsibility and the inherent defect appeared in the case of theTrail Smelter are discussed, as well. Arousing the voice of both appreciation and derogation in international community, the discussion of this case underlies the research on International civil compensation system in the future.Chapter three is titled "two principles and two drafts". With analysis on the Draft Principles of Precaution and the Draft Principles on Allocation of Loss, readers will realize what is the precautionary principle, as well as the general and specific principles in performing the oblication of prevention. Besides, they will be aware of the defination of loss distribution, the way to distribute the loss, and a new system of responsibility based on it:it is the operator who bears the liability for compensation before the government bears complementary liability for compensation.Chapter four is beginning with a water pollution case, which happened in Songhua River in China. From the way in which Chinese government dealt with this case, we can see through its attitude and position, and draw a conclusion:China has always insisted on recognition of the obligation of prevention and international cooperation. Besides, China participated in the Draft Principles of Precaution and the Draft Principles on Allocation of Loss in the formulation process. The speech addressed by the representative of China Ma Xinmin about "consideration of prevention of transboundary harm from hazardous activities and allocation of loss of such harm" indicates that China approves of the methods of bearing liability set by international civil compensation system. However, there are still many shortages in the process of dealing with the cases related to transboundary environmental damage in China. Arranging from the development of environmental legislation and integrity of national mechanisms, to the improvement of government and operators'awareness, the auther put forward some suggestions of my own.