Adjustment Of International Environmental Tort Law

Environmental pollution and environmental destruction in the deterioration of the environment but also to others physical, damage property rights. Liability for international environmental damage was initially explored in the framework of state's liability, but every state hardly accepts the rule which the state shall be liable for the environmental tort made by its native party. So the international community's analysis and research focus on the issue of civil liability in the international environmental tort. From the perspective of private international law, this article discusses the relevant uniform substantive law and conflicts of law, and put forward some proposal on the improvement of relevant system in China. There are four parts in this article.The first part mainly discusses the tendency of civilization of the liability in the international environmental tort. Historically, the liability for international environmental tort was deemed as national liability. This article analyzes its history and plight in its theory and practice. In international law, some important standards' legal status and content are still not identified. In practice, state seldom imposes liability for international environmental tort on any other state. This article sets out the civilization of liability for international environmental tort. Meanwhile, this article sets out the characteristics and advantages of the civil liability system for international environmental tort. The civil liability for international environmental tort is a kind of international civil liability. Then, this article discusses the international environmental tort which leads to this kind of civil liability and its special features compared to other kinds of torts.The second part discusses the uniform substantive law on international environment tort. The international community has begun to build a civil liability system which is based on treaties. There is a great development in some specific areas of international environmental tort. A number of treaties on civil liability for international environmental tort were concluded as uniform substantive law governing the liability for international environmental tort. This article analyzes the advantages and limitations of uniform substantive law: the advantage of the uniform substantive law is mainly to determine the liability of perpetrators and the remedy for the victims, as well as through economic incentives to achieve prevention function, and promote environmental protection goals achieved. At the same time it is able to fundamentally eliminate conflicts of the different legal system. The uniform substantive law governing the international environmental is a convenient and preventive ideal model. It's the goal for international community's efforts. However, uniform substantive law in a certain sense is a difficult process to reach a compromise through gaming. The establishment of a comprehensive system of civil liability for international environmental tort could not be accomplished overnight. The existing treaties governing the liability for international environment tort have covered the relatively limited areas; then, in the area where there it is no treaty, uniform substantive law can not resolve the problem of international environmental tort.The third part is the main part of this article, which discusses the conflict of laws in the international environmental tort. First, the traditional tort law principles applicable to gradually revealing limitations, conflict rules the court should not only serve as guidelines on ultimately resolving the substantial issue of the case. The doctrine of the most significant relationship and autonomy, especially the principle of protecting of the weak which were introduced into the area of international tort have an important impact on the development of the applicable law in the area of international environmental tort. This article believes that in the international environmental tort cases the victims are apparently weaker than the perpetrator, the applicable law shall be chosen through norms of selective conflict of law with more enriched connection point. Then, articles devoted to the two special problems concerning with the conflict of law in international environmental tort.The fourth part introduces the legislative situation of our country in international environmental tort. This article also put forward the suggestion for perfect our relevant legislation. Besides the inherent defect in the existing conflict of law for international tort, it is not appropriate to apply an universal norm of conflict of law to all kinds of international tort. That will disregard the particularities of different kinds of torts which are of different characteristics, especially in the situation of international environmental tort. It is necessary to make special rules of choosing applicable law in international environmental tort.