Study On The Legal Liability Of Transboundary Environmental Damage

The current transboundary environmental damage occurs frequently, environmental problems are no longer a country’s domestic problems. Geographical boundaries between countries are divided by people, it can not isolate national exchanges and mutual influence, also can not block environmental damage to the country’s border. Each country has adjusted their legislation to solve domestic environmental problem. But once the damage extends to neighbor or further countries, it becomes difficult to solve by international legislation. We can only rely on amicable settlement of both sides, international judicial has rarely succeeded in these cases. But the judicial way is a must to solve the problem of transboundary environmental damage. The international society has always been taking efforts on this and has achieved certain substantive results. At present, the agreed solution including three: countries should bear the state responsibility for its illegal acts and international compensation responsibility for its dangerous activities prohibited by international law; the operators should bear the liability of civil compensation for the implementation of risk activities. Because transboundary environmental damage usually occurs as emergencies, and most damage behaviors are prohibited by international law, it’s not only hard to sanction the country responsibility effectively and fairly, but also not good for protecting people&property and recovering the damaged environment. Therefore, the mode that main responsibility bears by operators and complementary liability bears by states is currently the most effective solution. Current China has the problems of lacking transboundary environmental damage legislation and dealing system, which need our urgent perfection.