Studies On Allocation Of Loss Of Transboundary Damage

The hazardous activities not prohibited by international law can promote national economic development and social progress,but they also have the risk of transboundary harm.Although the states or the operators are generally not fault in occurrence of transboundary damages,the damages are often significant.So the innocent victims should be given prompt and adequate compensation instead of suffering such losses.In the first part,by analyzing the course of ways to undertake transboundary damage liability that from state responsibility to the private law of subject of compensation,illustrates the background of multiple levels subjects of allocation of loss.In allocation of loss mechanism,transboundary damage including personal,property and environment itself suffered damages,it allocates the loss between the different subjects.In the process of development,the allocation of loss mainly exists in treaties of different areas of the economy,in the second part the article summarizes briefly international treaties that involving allocation of loss,then analyzes the model of multiple levels subjects,including civil subjects taking primacy liability,beneficiaries or original states taking secondary liability.International law commission also discussed and compiled the issue “International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law”,and completed“Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities” in 2006.In the third part the article analyzes the draft in detail.The draft reflects international customary law: the operators taking primacy liability,the principle of strict and limited liability,states taking supplementary liability,establishing liability insurance and industrial fund,ect.Also reflects some general principles of law: principle of prompt and adequate compensation and polluter pays principle,etc.What's more,the draft reflects some developing trends: attaching great importance to the cause of damage to the environment itself,the broad explanation of “environmental damage”,the victim's rights of access to information.In the fourth part,through the analysis of the problems in the existing loss allocation of loss mechanism,governments' commentaries and opinions of the draft,making suggestions for perfecting.It needs consistent efforts of the international community and the national implementation.The conclusion part is the generalization and summarization of the full text.The allocation of loss mechanism is no longer entangled in who is the polluter and how to punish,but focuses on the compensation for the victims,in order to ensure prompt and adequate compensation and reduce the course of loss.