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On International Environmental Responsibility Of States

Posted on:2012-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:A L SunFull Text:PDF
GTID:2216330338958040Subject:International Law
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State legal responsibility is an important regime in international law. It is crucial to protect international environment. The article is aimed at narrating the fundamental rules of state responsibility aroused from state violation of environmental obligations.State environmental responsibility is a kind of implement of common state responsibility. At the same time it also implements common state responsibility. The mordent results of common state responsibility are 2001 common state responsibility for its wrongful acts and related draft articles on state responsibility raised from transboundary damage in dangerous activities.All the state responsibility is caused by its wrongful acts, that is to say, legal consequences caused by its wrongful acts. The different is state environmental responsibility is caused by state wrongful act violating its environmental obligations. As state responsibility, environmental responsibility also has civilian character as well as criminal character. The damage caused by state wrongful acts is usually complemented by stopping wrongful acts and giving compensation. According to different criteria, state environmental responsibility can be divided into different catalogues; they are common wrongful acts environmental responsibility, state damage responsibility and state criminal environmental responsibility.A state environmental responsibility is caused by its wrongful environmental acts. As a result, it is significant to analyze the composition of state environmental wrongful act. Firstly, it is an act that can be subject to the state. A wrongful act is bound to cause certainty damages, so legal damage is also an element of a wrongful act, so as to subjective fault.State wrongful act is the premise as to the State environmental responsibility, and its wrongfulness could be resisted by resistant reasons, and as a result, there emerges no State environmental responsibility. So, to some extent, the reasons preclude the wrongfulness of state environmental act are also the reasons to preclude the emerge of State environmental responsibility. These resistant wrongfulness reasons to state environmental act are different from responsibility exempt reasons; the formers consist of state environmental act, and play a role in the incomplete of the constitution of State environmental wrongful act.State environmental wrongful acts violate the state's international environmental obligations, which need to undertake "the secondary duties". The state, according to the different nature of state environmental responsibility, should undertake the responsibly in different modes. State environmental responsibility of civilian characteristic include stopping illegal behavior, guaranteeing not repeating and full compensation; the state's environmental criminal responsibilities may be undertook by sovereignty limitation international sanctions and punitive compensation, but the undertaken of state's criminal environmental responsibility don't hinder the undertaken of state civil compensation liabilitiesThe ultimate foothold of State environmental responsibility lies in the realization of such liability. The realization of the legal responsibility can be achieved in positive way and negative way. The former refers to the transformation of legal responsibility from content into reality, which approach can be consultation diplomacy approach and also be judicial way. The latter means the exempt of state environmental responsibility.In this paper, the innovation is expressed in the classification of state environmental responsibility, the composition of state environmental wrongful act and the resistance reasons to state wrongful act.
Keywords/Search Tags:State environmental responsibility, State environmental wrongful act, State environmental obligation
PDF Full Text Request
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