A Study On The Theory Of Appropriate Cautiousness In The Constitution Of Transboundary Environmental Damage

Since the development of research of transboundary environmental damage liabilitytheory, due diligence put forward to explains state responsibility under the case ofenvironmental damage and things that might have happened. Due diligence as animportant role to protect the global environment and is linked closely withprecautionary principle.In this paper, the research’s methods are: literature, legal precedent, event historyanalysis, empirical analysis and analysis of advantages and disadvantages.In my opinion, due diligence as the one and only fundamental principle ofresponsibility imputation within all areas of international law because of its as aminimum level of effort which a State must undertake to fulfill its internationalresponsibilities. In various areas, due diligence has a flexible character and its contentis thus not uniform, except “at issue when its comes to the duty if protection”.Thereare indications in State practice that the degree of effectiveness of the State’s controlover its territory, the predictability of harm and the importance of the interests to beprotected are factors a State should consider before taking action. Often it is enough ifa State behaves according to the standard of due diligence, but sometimes the Stateneeds to follow a stricter standard, or even an absolute one. In conclusion, obligationswith a precise content can reduce the general and flexible nature of due diligence.