Transboundary Damage Liability Regime

Case of transboundary damage caused great concern to the international community. The international community has been in continuous efforts to establish the system of liability for transboundary damage at the international level. The International Law Commission began the codification of the acts not prohibited for injurious consequences arising out of international liability since 1978, and has been from the perspective of state responsibility to solve this problem. And since 1997, the Commission decided to discuss the"prevention problem"and"responsibility problem"separately, significantly speed up the compilation process.The codification of liability for transboundary damage by the International Law Commission had worked out temporarily and marked the final codification, which working-fruits are"Draft Article of Prevention of transboundary Harm from Hazardous Activities"in 2001 and"Draft Principles on the Allocation of Loss in the case of transboundary Harm Arising Out of Hazardous Activities"in 2006.The codification of the International Law Commission broke the development difficulty of the state liability. Though the two draft had some limitation, they had a big significance to the study. To solve the case of transboundary damage, states have the obligation of prevention. If they broke the obligation, they would bear the state responsibility arising from wrongful acts. If the transboundary damage occurred on the basis of states fully complimenting the prevention responsibility, the states would solve the problem through loss allocation. First of all, the private operator bear the responsibility, the states bear the added responsibility.The figuration of the two draft established the principle of prevention and allocation, showed the tendency of privatization in international environmental damage liability and the incline from the damage liability to the precautionary obligation and the amalgamation of international law and national law. The study of the liability for transboundary damage had made a significant progress.