The International Liability For Environment Damage And Its Ascertainment Principles

Mankind's activities that have no order result in the increasingly serious pollution. Up to now, the pollution has already crossed over the boundary of the nation, becoming the global problem. In the field of the environment, the nation is undertaking the more and more responsibility.Above all, we should take activity but not region as the standard to make sure whether belongs to the environment damage beyond the territory or not. If activities ruled over or controlled by a country resulted in the environment damage to areas ruled over or controlled by another country or international public areas, we can say it belong to the environment damage beyond the territory. In addition, the scope of environment damage should include the ecosystem damage, personal hurt, property loss, and preventive expense for reducing the transnational damage influence.The national liability is the mainly form of the international liability for environment damage. We divide the international liability into two parts according to different characteristics of damage behaviors. They are the traditional national liability caused by international improper behaviors and the national compensation liability caused by behaviors that are not forbidden by the international law. Now, there are still some obstacles to confirm the national liability. Such as to certify the causality, to make sure the destroyer, to calculate the damage and the indemnification is not enough to make the environment damage return to the original.That the environment destroyer should pay is a basic principle of the...