A Discussion On The Civil Responsibility Of International Environmental Nuisance

As the development and the exploitation of the natural environment and resources by humanity are accelerated, the global environment pollutions and ecological damages become worse and worse. And the international co-operations are needed to reduce or eliminate them. On this background, the international environment protection was put on the agenda as a historic common task of humanity.International environmental responsibility is a new topic in the field of international environment protection, in which there are a lot of complicated legal issues to be researched and addressed. Civil responsibility on the international environmental nuisance is a part of the international environmental responsibility. This dissertation tries to constitute a theory system about responsibility subject, responsibility range, attribution principles, responsibility form, responsibility implementation, and the theory foundation of international civil responsibility on cross-border pollution in this field. It is aimed to promote to solve global environment pollution disputes in a just reasonable normative effective way, prevent international environmental pollutions in a way, and build a just reasonable new international political and economic order in the field of environment protection. In Part One, some opinions on the theory of international environmental nuisance are put forward. The Part Two is the key of this dissertation, which discusses civil responsibility subjects of international environmental nuisances, including nations, juridical persons, natural persons, and international fund organizations of environmental nuisance. Because it is a arguable problem theoretically that a nation could be seen as a responsibility subject of international environmental nuisance, the necessity and the probability are analyzed. And then the basic theory frame is built, which recognizes a nation as civil responsibility subject in international environment nuisances. In this part, the models of international fund organizations of environmental nuisance and the academic practical problems on juridical and natural persons as international responsibility subjects are also discussed. In Part Three, Responsibility Range, discuss the obstacles on the way of the fulfillment on environmental nuisance right to recourse and the solving methods. In Part Four, the applications and perfecting of strict liability attribution principle in the field of civil responsibility of international environmental nuisance are analyzed, based on the introduction to the strict liability attribution principle. In Part Five, Responsibility Form, the author gives the responsibility forms to eliminate the nuisance, and discusses the other existing responsibility forms. In Part Six, the responsibility implementation is discussed in the view of public law and private law. The key of this part is a few troubles in the private remedy, such asjurisdiction, applicable law and international judicial assistance. And some opinions of the author on them are given.