On International Legal Liability In Trans-boundary Environmental Pollution

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 truly 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 5 Chapters.Chapter 1 summarizes the conception , the features and categories of Trans-boundary environmental damage briefly. Without them, we can not decide to what degree to forbid Trans-boundary environmental damage.Chapter 2 summarizes the history of international legal liability. The chapter analysis the importance, the kind and the duty body of the international legal liability in Trans-boundary environmental damage. This paper mainly focuses on the importance on the State Liability.Chapter 3 analysis the State Liability arising out of wrongful acts, including the conception and features, the inscapes, the principle of imputation, and the exeption of liability. It has some distinct differences with Traditional State Liability, but has the same inscapes and the same principle of imputation.Chapter 4 analysis the international liability for injurious consequences arising out of acts not prohibited by international law. It has special features. This part includes the content of the recent rules of ILC.Chapter 5 deals with the development trend of liability system. This part analysis the superiority and shortcomings of the State Liability, and the privatization of international legal liability in Trans-boundary environmental damage. The mode of loss distribution is the best way to apply the privatization of international legal liability. The last part of the paper is the imagination of the mode of loss distribution.