Study On The Responsibility For Trans-boundary Environmental Damage

In Japan Futian nuclear leakage accident, on neighboring countries caused by the extent of the damage is how much is still unknown, however it trans-boundary environmental damage problem to the people public opinion, cross-border environmental pollution incidents occurred frequently, constitute the global and adjacent countries and regions, serious damage and threat. And these problems are related to the responsibility issue of international law. Although in this respect international law and international practice has made great progress, but its development is just as one wishes, mainly for affixing the concerned legal liability issues and lack of theory and practice support, Japan Futian nuclear leak accident caused by trans-boundary environmental damage liability problem is a good example of. The international society of trans-boundary damage occurs frequently, on the environment and the person or property caused serious losses. Trans-boundary environmental damage liability in the international law is on the basis of the2001International Law Commission 《the responsibility of states in international law draft articles》,《prevention of trans-boundary harm from hazardous activities》 and the2004《draft articles on risk activity causing trans-boundary damage the loss distribution of the draft principles》In the 《prevention of trans-boundary harm from hazardous activities》 and 《draft articles on risk activity causing trans-boundary damage the loss distribution of the draft principles》 of countries did not meet international law corresponding preventive obligation to the jurisdiction or control activities within the scope of the transboundary environmental damage when the responsibilities of the relevant provisions. However, due to the existence of legal and practical difficulties, in the field of responsibility is not feasible. Based on the theoretical research value and practical significance, this article from the following text structure of trans-boundary environmental damage liability issues were relevant to explore:The first article from trans-boundary environmental damage concept qualitative proceed with, introduced the meaning of trans-boundary environmental damage, as well as the characteristics of trans-boundary environmental damage causes and status quo. Enabled us to the trans-boundary environmental damage theory is further recognized. Secondly, introduces the state responsibility for trans-boundary environmental damage, the concept of state responsibility constitution important document as well as the system of state responsibility for trans-boundary environmental damage in the treaty practice. In this part focuses on the state responsibility for trans-boundary environmental damage liability in solving the problem of international legal documents, expounds the legal codification of state responsibility. Once again, the development of civil liability for trans-boundary environmental damage, in this part focuses on the trans-boundary environmental damage liability tendency towards private law-civil liability theory the theoretical basis for the existence of trans-boundary environmental damage, the civil liability treaty practice and "draft principles on the allocation of loss" content and significance. Based on the above analysis, the author from the trans-boundary damage responsibility of the state and the civil liability are studied, to find two pairs of trans-boundary environmental damage international dispute resolution disadvantages so as to determine the trans-boundary environmental damage liability system the new mode of development, the system of responsibility were affirmed the state liability and civil liability of the advantages, in order to better address the trans-boundary environmental damage international disputes, this ability is to solve trans-boundary environmental damage liability in the most reasonable means, can make up the front of the two forms of liability of deficiencies, the author believes that the responsibility system model but also the future of international environmental law and the development trend of settlement of international disputes.