Study On The State Responsibility For Transboundary Environmental Damage

Transboundary environmental damage has been widely regarded as one of the most unexpectable side effect resulted from the development of modern technology. Fortunately, in answering such situations, significant attentions have been paid by the international community in the field of the State environmental responsibility. At its 48th session in 1996, the International Law Commission's working group submitted a final report, well known as the'International liability for injurious consequences arising out of acts not prohibited by international law'. However, due to the conflict caused by States'individual interests, the State responsibility mechanism of transboundary environmental damage has been experiencing series of difficulties. For instance, in the absence of uniformed international jurisdiction and authority, as the international law usually appears, the interstate cooperation for precautions and remedies towards the transboundary environmental damage has been deemed to be inefficiency. Despite problems as such, it is for the common benefit to build up a sound State responsibility for transboundary environmental damage. This article will mainly focus on the notion and principle of State responsibility for transboundary environmental damage. Also, a fine discussion will be given to remedies in the scope of international conventions. The paper is divided into three chapters.In the first chapter, it begins with the notion of environment pollution and damage, combining analysis from the'International liability for injurious consequences arising out of Acts not prohibited by international law', followed by an introduction to the legal source of State responsibility for international environmental damage.In its report, the Working Group defines the term of'Transboundary harm'as'harm caused in the territory of or in other places under the jurisdiction or control of a State other than the State of origin, whether or not the States concerned share a common border'. Therefore,'transboundary harm'is the subject not only to the environmental damage caused under the...