A Study Of Legal Issues Of The Resposibility For Trans-Boundary Enviromental Damage

Since the association between the countries is closer and closer,the problem of Trans-boundary Environmental Damage is not so far to us as before.It happens everywhere in the world tuely and destructively,bringing about great loss in living body,property and environment.Then which responsibility system is more suitable to taken against those who damage the environment and bring about Trans-boundary Environmental Damage? Which kind of system can fully compensate the loss of the victim while consider the situation and subjective error of the one who damage the environment? Every international environment organization,countries and scholars are working for it.The article is emphasis on this problem and hope ,by comparing some important responsibility system and some countries'practice in this field,can help China's future legislation and practice in dealing with this problem. The dissertation comprises 4 Chapters,in addition to an Introduction,totaling over 40 thousand words. Chapter 1 summarize the conception of Trans-boundary environmental damage and duty of it briefly ,setting a base for the following charpters.The conception of Trans-boundary environmental damage and the duty of Trans-boundary environmental damage is very important.Without them,we can not decide to what degree to forbid Trans-boundary environmental damage.Lastly,I try to give a more detail conception to the duty of Trans-boundary environmental damage:The subject of liability should undertake the international liability,the liability will not different when the subject is different. Chapter 2 is about the traditional responsibility system in the field-the State Responsibility.From the traditional State Responsibility to the conception and fertures of it to legal regime for allocation of loss in case of transboundary harm arising out of hazardous activities.This new responsibility system sovled the weakest point in the state responsibility-according to the development of high technology,a lot of hazardous activities which caused transboundary environment harm are legal activities.At the same time,this chapter analysis the new responsibility system's shortcomings while its necessary to exist. Chapter 3 emphasis on some new responsibility system in the field.Affected by some facts, compared with the state responsibility ,the civil liability become more and more popular in this field.So the chapter deal with civil liability conception,advantages and disadvantages firstly.On the base of it is comparing some states'domestic legislation and practice in trans-boundary environmental damage,also analysis them advantages and disadvantages.Another important substance of this chapter is about The Basel Protocol on Liability and Compensation.The Protocol developing the responsibility system in trans-boundary environment damage.Then analysising the background of it establishe,the main substance of it ,it's attitude toward Trans-boundary environmental damage and so on. Chapter 4 deals with my deduction of development trend of duty system in the field of Trans-boundary environmental damage : the development of international civil liability;the liability system on certain environment field and so on. At the same time,the chapter analysis Chinese government's attitude in this question.Through analysising and comparing,I hope I can give some useful and constructive suggestion for China's future legislation and action in this field,such as dealing with the profit of the whole world and the own nation perfectly;seting up the system of protection before the event and so on.