Civil Liability For Trans-Boundary Environmental Damages

Environmental issues are probably regional,or it may be global, but it often has trans-boundary characteristics. Therefore, to protect the environment and prevent environmental damage has become the common interests and responsibilities of the international community. Since 1970's, international law has adopted environmental protection into its regulating scope and promoted the new branch of international law greatly. However, the development of liability systems for trans-boundary environmental damages indicates a serious imbalance. The state responsibility has developed slowly because of sovereignty and international relations. On the contrary, the conventions on civil liability for damages become more and more increasingly.The framework has set up especially in the nuclear damage, oil pollution damage and other aspects. The latest compilation of the International Law Commission also emphasizes to improve prevention and compensation mechanisms which specify a common direction for dealing with trans-boundary environmental damage events between countries and achieving global environmental governance and sustainable development in harmony. So, a study of civil liability regimes will inspire and instruct our country to respond and handle trans-boundary environmental damage disputes. The article is divided into 6 parts. The first part defines the conception of"trans-boundary environmental damages"and demonstrates the trend that civil liability is replacing state responsibility from the drawbacks of traditional state responsibility and the perfection of civil liability for trans-boundary damages. The second part focuses on the subject and the principle of attribution of duty. On the one hand, states, international environmental fund organizations are discussed all together with individuals and legal persons. On the other hand, the positive and negative assessments of no-fault liability are researched and the disadvantages of sole no-fault liability are pointed out. The third part concentrates on the main body of the claim for civil liability for trans-boundary environmental damages. Personal injury and damage to property often aims at natural and legal persons, so natural and legal persons are the claiming body in this aspect. The claiming body of damages to the environment is very different both in theory and practice, but the European Union's action is a good case for concern. The fourth part focuses on civil liability form for trans-boundary environmental damages. The traditional way and up-to-date way to fill such as liability are discussed respectively. The latest compilation of the International Law Commission is inspected and thus point out that they specify a common direction for future development. The fifth part makes a detailed analysis of the path which right claimers request according to private international law. The sixth part is the last part of this article, so it summarizes some of the basic views of this article. Some environmental damages against our country are listed and some suggestions are made for dealing with trans-boundary environmental damages.With the introduction of international and domestic environmental legislation relating to trans-boundary environmental damages, his article mainly analyses the developing trend of civil liability system in this area, and thus make some suggestions for dealing with trans-boundary environmental damages that our country confronted with. First, China should take the initiative to assume the obligations of states and adhere to the common but differentiated responsibilities. Second, the distribution system for losses should be established and improved such as the liability insurance and the compensation fund. Third, the system of double claims for damages to the environment should be established, and the new attribution principle should be adopted in which no-fault liability is as the main principle, fault liability and equitable liability is as the secondary principle. The fourth is to improve the relevant provisions of private international law and remove obstacles to litigation.