Research On The Legal Liability For Trans-boundary Water Environment Tort

Technology and the Environment seems always an ambivalent attitude in modern life, looking back at the past, progress in science and technology to human life undoubtedly brought great convenience, but the problem of environmental pollution has emerged. We have to start to reflect on past achievements, whether too much at the expense of the environment as the price. States increasingly frequent exchanges, cross-border environmental pollution problems have become increasingly prominent. With the increasingly frequent international exchange and cross-border environmental pollution problems have become increasingly prominent. And water as a source of life, and is closely related to human survival and development, but in the global water crisis threatens to spread the human living environment. Transnational waters store large amounts of the world’s freshwater resources, closely linked to economic, social, national security and regional stability. In the current environmental crisis facing humanity, the pollution of transboundary waters is showing a growing and expanding trend. Rhine pollution incidents, the Sino-Russian Danube pollution incident and Songhua River water pollution incident occurred in 2005, are the recent cross-border water pollution incident really portrayal.Chinese water pollution violations occur every day in countries around the world where practical, to the world caused great personal, property and the environment irreparable loss. Humans live together in a natural environment, borders can be divided into national economic and political boundaries, but life can not be completely cut off from the environment. In particular air, free-flowing water makes these natural elements into one of the world environment, States can not pollute the environment of a country is limited to the territory, transnational environmental pollution occur frequently. As part of the world environment, environmental pollution problems have become more serious cross-border waters, is no longer a country’s domestic problems. When environmental problems only occurred in the territory of a State, States will be adjusted by national legislation, compensation recovery related environmental and ecological environment will be limited because there are no national boundaries and more efficient. If, however, once the environmental damage across the border, affecting other countries, then only be regulated by the national legislation appears to be inadequate. And we want international legislation to address cross-border environmental problems arising out of difficulties, and therefore more in international practice is to rely on the two sides through friendly consultations and dispute settlement related to the use of legal channels to solve the case is minimal. However, access to justice is the best way to resolve such disputes, safeguard the interests of all countries, the international community continued efforts in this direction. At present, the international community recognized the transnational water pollution tort liability mainly two, one is the national responsibility of the State as the main body of the bear, and the other one is private as the main body, that is because the operators engaged in hazardous activities caused Chinese water pollution should bear tort liability for damage. As cross-border waters by the National Environmental Pollution Tort Compensation body better able to carry out the liability protection, but because not many transnational environmental damage as regular events, while its behavior is often comply with relevant international law, not international law prohibited, so if State responsibility in international litigation practice is often subject to various obstacles, that is not conducive to the protection of personal and property safety of the damaged areas, while not conducive to the recovery of damaged environment. Nevertheless, in the interests of the injured party transboundary environmental damage is still to be protected, and one way to solve this problem is to look to the private body, to make it bear corresponding civil liability.This paper argues that improving cross-border water pollution international tort liability system should have a clear and practical operational theory, it should be included and two types of civil liability for transboundary environmental damage international responsibility of the State, they were composed of public international law and international private law on cross-border environmental damage liability, to form a unified and stable international transboundary environmental damage liability system. The construction of the law and improve the system of compensation is to construct the corresponding direction transnational pollution of marine environment of the tort liability system should continue efforts.