Study On The Legal Liability Of Trans-boundary Environmental Damage

The environmental problem is a product of the times. When a country's environmental problems cross the border, causing environmental damage in other countries, which constitute the trans-boundary environmental damage. Therefore, in the present time of rapid economic and social development, frequent incidents of trans-boundary environmental damage can easily cause international disputes. We must recognize that the environment is no border. It is a whole. Therefore, countries should strengthen international cooperation and make practical laws to prevent and solve environmental problems.Trans-boundary environmental damage is the country of origin or in their territories under the jurisdiction of other places or under the control of harmful activities of the environment through various environmental media across the country of origin of the territory or jurisdiction, control region caused by the environment, personal, property damage, it produces large-scale exploitation of human nature in the period. There must bear responsibility for damage, responsibility for trans-boundary environmental damage, including trans-boundary environmental damage national responsibility and international civil liability for environmental damage.The codification of trans-boundary environmental damage State responsibility and State responsibility in treaty practice reflect the course of development. It has two basic customary law:first, No-Harm Principle. Second, the Duty to Prevent. State responsibility in the resolution of certain areas of trans-boundary environmental harm has the edge there are shortcomings, we should avoid weaknesses, to be improved.In recent decades, the liability system of trans-boundary environmental damage has the trend of private law liability. That is civil liability. Civil liability of trans-boundary environmental damage includs special areas of the international trans-boundary environmental damage areas of civil liability and general civil liability of trans-boundary environmental damage. Between them is the relationship special and general.Trans-boundary environmental damage liability system is the responsibility of trans-boundary environmental harm national and international scope of civil liability system.between these two responsibilities are the following relations:international public law and private international law from the perspective of the respective state responsibility for trans-boundary environmental damage and international civil liability. They form a coherent accountability system.