On The Responsibility For Trans-boundary Environmental Damage

Along with the development of science and technology in the world, it will be found thatthe development of science and technology bring damage to the environment. Frequentenvironmental pollution incidents to the parties brought great damage, some pollution hasbeen beyond the borders of serious impact to the surrounding countries, international law isdefined as the trans-boundary environmental pollution. In order to solve transboundaryenvironmental pollution this thorny problem, resolve the contradiction between environmentalpollution and human social development, the international community has made someprogress in strengthening mutual cooperation. First, developed and adopted the "UnitedNations Framework Convention","Kyoto Protocol","Basel Protocol" and many otherimportant international convention; secondly, held the universal participation of the worldclimate conference in Copenhagen, the world climate conference in Cancun, Doha climateconference and a series of changes to the global climate conference.The sustainable development of the human environment based on a global commoncognition and on the basis of mutual cooperation. The present environmental problem hasobvious times, this kind of characteristic mainly displays in the environmental problems arenot due to natural causes, but with the speeding up of industrialization process, frequenthuman activities cause the pollution of the environment. In recent years, some of the oil spill,nuclear pollution, chemical smoke famous environmental pollution event fully illustrates theenvironmental problems. Whether it is legal in the pollution of the environment pollution andillegal pollution brought great damage to the global environment, especially in theglobalization became the main characteristics of the contemporary world economicdevelopment, economic globalization in the countries have enormous material wealth, butalso causes Tran boundary environmental pollution, heavy environmental pressure to theworld.The problem of environmental pollution in the wave of globalization has broken orweakens the traditional national boundaries; bring many challenges to the sovereignty ofstates. So the United Nations general assembly in1974by the charter of the national economic rights and obligations of the stressed state of environmental pollution liability:"tothe modern and future of the world to protect and improve the environment for the present isthe responsibility of all countries. These countries have a responsibility to ensure that withinthe scope of its jurisdiction and control of any activity not environment in other countries orareas outside the jurisdiction of the local environmental damage."According to the rules as you can see the state take on Tran boundary environmentalpollution liability is not in violation of international law obligation is the premise of, in anyactivities including under the jurisdiction of the violation of obligations and should bear theinternational responsibility, at the same time also includes prohibited by international lawwithout environmental damage behavior also should bear the international responsibility,some scholars called the international liability for damage. Traditional behavior will be theinternational law of "illegal" and "responsibility" is closely linked, determine the internationalresponsibility is the premise of to violate certain international treaties, to stop the damage andcompensation for victims’ losses. But the speeding up of industrialization led to the country’smany activities are caused by not prohibited by international law behavior, behavior inbehavior is difficult to anticipate consequences caused by the international obligations.If onthe basis of the traditional state responsibility shall be investigated for the responsibility of theparties, then not only will not be able to establish effective on unlawful sex with responsibility,won’t make these actions prohibited by the state, but also leads to refuse compensationproblems concerned. International liability for damage broke through the traditionalinternational law and domestic law cannot be solved without international law within theframework of the behavior of Tran boundary environmental damage problem, prompted theinternational law commission in in order to solve this problem for a certain internationalconvention and international rules. International liability for damage produced by without actsprohibited by international law, including both are enshrined in international law withoutincludes acts prohibited by international law does not prohibit but not allowed. This givestraditional international responsibilities caused a certain impact, not prohibited byinternational law behavior of the international responsibility is a complement to the traditionalinternational responsibilities and development. Based on Tran boundary pollution of theenvironment, on the basis of elaborating the, starting from the definition of the cross-borderVI legal basis of international liability for damage of environmental pollution, principle andresponsibility form and exception condition, and introduces the attitude and position in China.The events in China dealing with cross-border pollution damage to the environment putsforward some constructive Suggestions.