Transnational Pollution Damage National Responsibility

During the state responsibility system of transnational pollution damages, there are relationships and differences between the State Responsibility and International Liability for Compensation. With the development of social and economic, high-tech wild used, some countries went into some dangerous activities which international laws entirely unchecked. If such behaviors produced serious damages to other countries, and the behavior agent need not accountable for any legal responsibility, this is very unfair to the victims. Based on the traditional theory of fault liability, the subjective fault of such dangerous activities must be ascertained in order to confirm the responsibility. But it is extremely difficult for reasoning it. Because the evidence adducing and proofing of the victim states are extremely limited form the angle of sovereign equality. It may become the excuses used for avoiding responsibility by some countries, according to fault angle. Obviously, the fault theory is too limited to meet the need of reality. Under the traditional state responsibility frame, the compensation for dangerous activities which international laws entirely unchecked is hard to revolve. Then, the International Compensation Responsibility System, as the enrichment and development of Traditional State Responsibility System, make the transnational pollution damages compensation being addressed properly.During the State Responsibility System of transnational pollution damages, there are some relationships and differences between the state responsibility and the International Liability for Compensation. The International Liability for Compensation is an important part of the transnational pollution damage compensation system, which came up with the development of traditional system of state responsibility. The Traditional State Responsibility and International Liability for Compensation, though differed in the constitutive factors, imputation principle, legal foundation, responsibility distribution and development trend, both of them play such an important role in solving the allocation problem of transnational pollution damage.The state liability system of transnational pollution damage in our country which has not integrated with the world is far away from perfection. Comparison and analyses between the Traditional State Liability and International Compensation Responsibility, with learning the advanced system theory of state responsibility on transnational pollution damage, are important approaches for Chinese construction and improvement of environmental protection, environmental damage compensation legal system.