The Study About Obligation Erga Omnes In International Environmental Law

Since the Industrial Revolution, human productive forces have developed tremendously, but at the same time human have brought the environment huge damage. Now human are facing serious environmental problems. Because of the unique attributes of human environment, as well as its irreplaceable role, the environmental problem has become a global problem. Human environmental problems are complex. Complex environmental problems have posed a challenge to international environmental law, but it also brings a valuable developing opportunity. To address common environmental problems, all countries have displayed an unprecedented interest. So far the international environment law has already been the part of developing most quickly in the international law. Obligation erga omnes is one of the fruits of international human rights law's development. The obligations of a state to another state and the obligations of the state to the international community are distinguished by the international law. When a state disobeys his obligations to another state, only the victim is eligible for suing the state of causing the damage. When a state disobeys his obligations to the international community, the whole international community or the international organizations as the representatives of the international community are eligible for suing the state for damage. The obligation of one state to the international community is called obligation erga omnes. Obligation erga omnes has been more and more recognized, but obligation erga omnes in the international environmental law has just started. In practice, Australia and New Zealand v. France's nuclear tests can be termed as an attempt. But unfortunately it did not make a relevant decision.Thus, from the international practice, obligation erga omnes in international environmental law so far has not been officially confirmed. While the practice is the result of frustration, academic scholars never stop their research. So far, the concept of common interest, the theory of public trust and the theory on Institutional Economics have provide obligation erga omnes in international environmental law with a wealth of theoretical support. It can be predicted that fulfilling of obligation erga omnes in the international environmental law will have a serial of social effects, including having farreaching significance to protection of environment and the idea of sustainable development, the promotion on the protection of "global commons", "common property" and "common inheritance", the impact on national sovereignty and environmental justice and the consistence with the theory of co-progressiveness international law. Thus in order to make obligation erga omnes in the international environmental law put into practice, we must establish a corresponding corrective mechanism, including establishing compensation fund system to support obligation erga omnes in the international environmental law; impelling the principle of "common but differentiated responsibilities" to reinforce obligation erga omnes in the international environmental law.