Theory Of Transboundary Environmental Damage Liability And Compensation

As is known to all countries and regions have boundaries. But the earth’s environment as a huge and flowing ecological system has not boundaries. In today’s society the industrial pollution are no longer limited to just a country or a region but spread to the world through various media such as atmosphere rivers or ocean. In this situation how to concern the responsibility and compensation on "transboundary environmental damage" has become a problem which is urgently to be solved. The problems of transboundary environmental damage has been specified in the international treaties and other international legal documents. But there are still many disputes about how to concern the responsibility and compensation on transboundary environmental damage.These problems lead the judgment quite difficult to be carried out. In addition the draggle of the legal system on settling the transboundary environmental damage in our country is also should be deeply studied. So I want to build the theories concerning the responsibility and compensation on "transboundary environmental damage" and make recommendations on the same problems in our country. First of all, I will research the concept of environmental damage and transboundary environmental damage.I will explore the characteristics and the history of the transboundary environmental damage.1think the transboundary environmental damage has the following characters:man-made, across the border, the consequences can be measured, the consequences are serious. Secondly, I will explain the different responsibilities of the transboundary environmental damage.I will explain the liability principle of the transboundary environmental damage.I will explain the constitution of the responsibilities. I will explain the advantages and the disanvantages on the different responsibilities of transboundary environmental damage for searching the best way to determine the responsibilities. Thirdly,1will illustrate the compensation system of the transboundary environmental damage.I will explain the compensation body of the transboundary environmental damage, I will explain the scope of the compensation. I will explain the funds of transboundary environmental damage. I will explain the approaches of how to demand compensation. I will explain the period of demanding compensation.lastly, I will point out the problems of the transboundary environmental damage in our country. I will offer some suggestions regard these problems. They are adhere to the principle of common but differentiated, clear national assume the obligation to prevent transboundary environmental damage, improve transboundary environmental impact assessment system, improve transboundary environmental damage private relief system and improve transboundary environmental damage financial assurance system.