A Study On International Legal Responsibility Of Transboundary Hazardous Waste Harm

The environmental damage caused by hazardous waste already broke thetraditional national boundaries, and caused multinational environmental,even thehuman environment a irreparable damage and potential threat in the context ofglobalization. Therefore, only on the level of international law can we solve theproblems of transboundary damage liability and compensation patterns and otherissues. It is a reality and theoretical issues of the international community sector toestablish a sound international transboundary hazardous waste damage liabilitysystem.Using literature method, normative and case analysis methods, the paperexplores three main responsibility in the form of international hazardous wastedamage in the traditional theory of international law: state responsibility, state liabilityand international civil liability. And the traditional system of transboundary damageliability exposed many problems. In state responsibility, the theoretical basis fortransboundary harm state responsibility which derived from “the trail smelter case” isnot accepted by international society. State liability faces the dilemma of theorydivorced from reality. While the international civil liability is inconvenience inpractical application.Thus the paper analyze the development trends of hazardous wastetransboundary harm in the international legal responsibility on the basis of the abovestudy, and put forward the views to improve the system of transboundary harmresponsibility. For examples, build a new theoretical basis of state responsibility.Reconsider the content of transboundary hazardous waste harm international legalresponsibility system, and combine the State responsibility and State liability. Useinternational arbitration to resolve the problems such as procedure complicated incross-border issues.