Study On International Legal System Of Solution Of Transboundary Pollution

In the process of the world integration, some relative negative influence is gradually exposing. In the field of environment, such phenomenon is transboundary environmental pollution. Because of fluidity of air and conjunction of the "vessel" of the earth——river and ocean, environmental issue has integrated thoroughly. Thus, for their own benefits, nations pay much more attention to environmental problems. However, thanks to opposite standpoint, the solutions of environmental dispute among countries are full of difficulties. The reasons are not only political and economic benefits, but also not having promissory international rule to be invoked. There are no unified guiding principles and distribution standards which enlarge the scope of divergence and intensify difficulty to solve dispute. Basing on the theoretical research value and practical significance, this paper mainly analyses transboundary environmental dispute from following aspects:First of all, the paper illustrates and analyses the definition of transboundary pollution and transboundary pollution dispute. According to different reasons, transboundary pollution can be divided into water pollution, air pollution, marine pollution, nuclear pollution and so on. There is lots of divergence in the process of solving transboundary pollution, because such kind pollution is transboundary and involves two or more nations. Therefore, it is necessary and urgency to make law to deal with transboundary pollution dispute. Through combing and summarizing relative international legal files, we should pay attention to several problems.Secondly, the paper summarizes the guiding principles of transboundary pollution dispute. Principle plays a key role in the condition of lacking specific regulation, and more easily can be accepted. In the process of solving transboundary pollution dispute, we should abide by the following rules in order to be equal, just, reasonable and peaceful; that is sovereignty of natural resource and no harm for abroad environment principle; fair principle; international cooperation principle. The first principle is the basic borderline of transboundary; the second principle can maximize national benefits; the last principle can save human, material and financial resources. These principles, on the one hand, can reduce loss resulted by transboundary pollution, also can guarantee solving timely and adequately.Thirdly, at present, there are different regulations in distribution on liability of transboundary pollution. In detail, three kinds are international civil liability, state liability and the double liability between state and private subject. But, generally, international civil liability is the most important one which matches with the principle of "payment by polluter", and can avoid a series of negative influence induced by state liability. At the same time, it still has insurmountable disadvantages that because of the limitation of political and economic of private subject, the victims can not be compensated timely and adequately. So, the liability system of transboundary pollution dispute needs to be improved. That the sate and private subject take on responsibility together is feasible theoretically and practically.Finally, through above analysis and study, the paper concludes that an unified regulations with prevalent sanction need to be made to solve the transboundary pollution successfully. As long as nations perform its environmental obligation, cooperate with each other, improve international environmental law, make unified standard and take on responsibility reasonably, the international environmental problems will be solved satisfiedly.In short, the goal of the paper is to analyze the international environmental legal system about transboundary pollution dispute, study the important function of guiding principles and liability distribution in order to impel making the regulation of the issue. And the paper also points out that the problems existing in Chinese environmental legal system, through using international treaties for reference to strengthen it.