Responsibility Of Transboundary Harm

As international law is developing, we should discuss the development of today international law from the main characteristics of contemporary international relationship.The development of modern international relationship influenced the development of international law deeply. The world wars changed the world order. The international relationship influenced the international law inevitably. International law, as the behavior code and regulation among the states, should be the law system that reflects the common interests of protecting the human being. The state liability system of international law should be in the same way.The state liability system of traditional international law concerns mainly the consequence that a state violates the duty on foreigner treatment, that is, mainly about the damage liability on foreigners and their property. State liability should not be on foreigner damages only. In new epoch, the traditional state liability system must be changed in new international relationship.Worldwide today, all the states put efforts on study and use high technology in order to promote the economic prosperity and development and the social security and stability. From space articles launching to the use of atomic energy, from aviation to shipping, from use of boundary river and other resources to test of atomic or chemical weapons, all these activities have potential harms as bring huge interest man while. It is obvious that the rapid development of science and technology has brought kinds of dangers and harms to the human society as well as its giving great motive force to the progress of human society. All these problems have relationship with the state liability of international law, and make the state liability system of international law become more and more complicated. It is no doubt that the problems of transboundary harms originating from science and technology has changed from a special localized and regional legal problem a general to an international law problem.Then, how to deal with harms originating from science and technology? Should the state as an administrative subject bear the international legal liabilities according to the traditional liability principles, or should the person who has direct responsibility bears the compensation liability according to the domestic law? When the state bear the responsibility of transboundary harms, should the traditional liability for fault principle be applied? What are the relationship between state liability for transboudary harms and the traditional state liability? What the nature of state liability for transboudary harms? There is no unified view on these questions, and there is also no final conclusion on many questions.Regarding the theory value and practical significance, the situations of the world today and the development trend of international law, this thesis analyses the problems of transboundary state liability from several aspects.In traditional state liability system, the precondition of state liability is the illegality of state conduct. The state, as a natural person, bears no liability without fault, and sobears no damages obligation. Conceming the charaCteristics of these activities todaywe could not prohibit these activities, and we could also not restrict these activitieswithOut considering the damages. The state aiWays has no negligence or illtelltion. So,on the basis of introduction of the theory of state liability, the author discusses a1l theproblems that could not be solved by the theory of traditional state liability under thenew circumstances and the lAnitations of the liability theory for fault, discusses theStrict liability theory in the eyes of jurisprudence, poiIlts out the necessity and theobjective tendency of intrOducing the strict liability to the field of state liability fOrtransboundary harms.Secondly, on the basis of combining the intemational conventions on state liabilityfor outer space transboundary damages, especially discussing and analyzing the...