On Environment Liability Insurance Of The Transboundary Movements Of Hazardous Wastes

Along with the flying development of the industrialization worldwide, the amount of hazardous wastes straight line rises .The more the transboundary movements of the hazardous wastes occurs, the more often the environmental pollution happens. The environmental pollutions result in huge sum of compensation, and finally, the both parties all sink into a predicament: the polluter goes to bankrupts and the victims will not obtain any compensations.The environment liability insurance system on transboundary movements of hazardous wastes is the ideal mode to solve the problems above mentioned. This text aims at exploring on this environment liability insurance system, which will be helpful for the establishment of the environment liability insurance system on the transboundary movements of the hazardous wastes in our country.Firstly, the author studies on the international legislations on transboundary movements of the hazardous wastes. The international legislations on the transboundary movements of the hazardous wastes experienced three procedures: the embryonic procedure, the developing procedure and the deeply developing procedure. On the embryonic procedure, there were no real regulations worldwide, but several bilateral conventions and some conventions exist among the EU nations. In this period, the transboundary movements of the hazardous wastes were adjusted by some shipping conventions. On the developing period, Basel Conventions and Bamako Conventions were the main achievements. Basel Conventions was the first conventions worldwide, which laid foundations for the legislation and practices on controlling transboundary movements of the hazardous wastes. On the deeply developing period, Basel Liability and Compensation Conventions were the most important conventions by now in the field of transboundary movements of hazardous wastes. And what deserves mentioned is that that were many areal conventions emerged. Secondly, the author starts with the concept of the environment liability insurance system on the transboundary movements of hazardous wastes, observing and studying the characteristic, development general situation of this kind of environment liability insurance system and building up a basic law framework. The environment liability insurance system on transboundary movements of hazardous wastes should mean the transboundary movements of hazardous wastes results in multinational pollution of the environment, results in human body and property lose on the victims, the exporter and the importer should bear the compensation liability. Taking the compensation liability as the object, these two parties apply for the environment liability insurance. As liability insurance, environment liability insurance on transboundary movements of hazardous wastes has both the general characteristics of liability insurance and its own characteristics. This kind of insurance should be adjusted by both domestic law and the international law, it has a nature of compulsion, there are several parties in the insurance contract. The development of the environment liability insurance on the transboundary movements of hazardous wastes is stagnant late than that of environment liability insurance ,its embryonic, development and maturity experienced a slow-moving of process. The environment liability insurance system on the transboundary movements of hazardous wastes mainly included three kinds of legal nexus: environmental tort, insurance contract nexus and the compensation liability from the insurer to the victim. So, the article constructed a basic legal frame: the environmental tort liability system, the environment liability insurance system on the transboundary movements of hazardous wastes and the environmental liability insurance contract system.Immediately after, the author does a careful and penetrate analysis on the environmental tort liability during the transboundary movements of hazardous wastes.. In the meantime, international development of the principle of the responsibility rule of the environmental tort liability and the development of international law responsibility of the international environmental tort are synchronous. The liability rule on the transboundary movements of the hazardous wastes embodies a nature of reasonableness and a enforceable power. Watching from the current legislation situation, only the civil subject can be the liability subject of the environmental tort liability during the transboundary movements of the hazardous wastes.Currently, international society concerning the legislations about the environment liability insurance system on the transboundary movements of the hazardous system are only a few, so the author passes to carry on a comparison on the design of the system of several state's domestic legislation to conclude the advantages for our country. Well worth mentioning is, Basel Convention Liability and Compensation have the systematic regulations on environment liability insurance system.Connect down, the author pay a microscopic views on the environmental liability insurance contract on the transboundary movements of the hazardous wastes, and give a premier exploration on the environmental liability insurance contract of the transboundary movements of the hazardous wastes. This kind of insurance should follow an insurance benefits principle, proximate cause principle, compensate principle. And in the meantime, because of this kind of insurance's object is the applicant's tort liability for the victim, as a result, there are several problems to be distinct. The author tries to do analysis on these a few problems.At the end, pass by above analysis and demonstration, the author tries to give a few immature suggestions for the establishment of the environmental liability insurance on the transboundary movements of the hazardous wastes in our country.