Study On The State Responsibility Of Trans-boundary Nuclear Damage

As is known to all that environment is the sum of various natural elements and social elements which influence people's living and development. Environmental damage has seriously threatened our human beings' daily life. The documentary investigating the haze Under the Dome by Chai Jing once became popular for a time, which made people rethought their living environment. And they begun to realize what damage environmental pollution will lead to. As the economic structure of globalization deepens, human beings face the threat of source exhaustion. The supply of traditional energy like oil, coal and natural gas can not satisfy human's demand. Nuclear energy as a clean, high-efficient and low-cost energy is favored by international community. But the nuclear damage occurs at the same time. Japan's Fukushima Nuclear Disaster gave a warn to international community. The whole world was afraid to talk about the “Nuclear”. Because the damage caused by nuclear accident is irreversible, it attracts wide attention of international community. Therefore it will involve nation's responsibility on the International Law.About the legal liability system of nuclear damage, international civil liability has formed a specific system. But the system of state responsibility of nuclear damage is relatively weak and can not solve the problem properly. What's more, the Vienna Convention only applies within Europe. The Paris Convention system applies in global, however, many nuclear powers have not signed the convention. So it can not well put into practice. Therefore, it is necessary to study the problem of state responsibility of cross-boundary nuclear injury. The paper will study it from four part.The first part is introduction. It will analyze the definition of “cross-boundary injury”, which pays the way the definition of “cross-boundary nuclear injury” in the following part. The second part is summarize, which defines nuclear damage. It makes people know the connotation of nuclear damage by studying its scope, features and classifications. The second section of this part will briefly introduce the relative system of international legal responsibility. It claims that in international community national responsibility belongs to the liability system of nuclear damage from the composition system of liability system of nuclear damage.The third part is the main part. It introduces state responsibility system of nuclear damage in detail. Since the activities related to nuclear are not prohibited by International Law and in the process of International Law Commission compiling State Responsibility for the Damages Caused by the Conducts not Forbidden in the Int ernational Law Draft it separately study the traditional illegal conducts and the conducts not forbidden by the International Law, therefore many scholars think that traditional state responsibility should become relics in the field of nuclear damage. But the author do not agree with them. The paper will try to prove that traditional state responsibility is not relics in the field of nuclear damage but is a part of state responsibility system. It is the same to national compensation system. Many scholars think national compensation system and international compensation system are the same. In the paper, the author distinguishes the two. International compensation system includes national compensation system and international civil compensation liability, that is to say, national compensation system belongs to International compensation, they are not equate.The fourth will analyze responsibility system of nuclear damage in China. Laws and regulations related to nuclear damage in China is mainly two replies. And the paper will analyze the two replies and propose some legislative recommendations according to them.