Study On The Liability Subject Of Transboundary Environment Damage Of Hazardous Wastes

While raising people's standard of living, the rapid development of science and technology causes a number of environment problems as well, such as occurrence of transboundary environment damage. As transboundary environment damage normally is from injurious consequence of the acts not prohibited by international law which caused by the operators' dangerous activity, while the act itself is not illegal, which makes the traditional state responsibility cannot resolve it effectively. For the liability of transboundary environment damage, there are three liability subjects to share the damage in the field of transboundary oil pollution damage. As for transboundary nuclear damage, there are two legal systems. One is the three liability subjects in Paris Convention on Third Party Liability in the Field of Nuclear Energy, the other is the two liability subjects in Vienna Convention on Civil Liability for Nuclear Damage. Meanwhile, International Law Commission(ILC) is devoting to studying the liability system of transboundary damage. As the significant research achievement if ILC, the Draft Principle on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities 2006 plays an important role in the establishment of liability subjects system for transboundary environment damage.A reasonable liability system is the key point to realize to effective compensation of transboundary damage, while the relative liability subjects is the key point of the system. Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal(hereinafter referred as liability and compensation Protocol) preliminarily established the international civil liability mechanism in which the holder or operator of hazardous wastes is the liability subject. But the catastrophic character of tranboundary environment damage of hazardous wastes and the limited compensation liability of civil liability subject restricts the effective compensation to the victims. In addition, although the technical cooperation trust fund is the supplementary compensation mechanism to the liability system, it still cannot give an effective compensation. Therefore, after analyzing of the liability system of transboundary environment damage of hazardous wastes and referring the responsibility mechanism of transboundary environment damage branch, this paper propose to establish a liability system with three liability subjects to sharing to compensation. The sharing system include the holders and the operators of hazardous wastes as the first compensation duty subject, the producers of hazardous wastes as the second compensation duty subject, and exporting country of hazardous wastes as the third compensation duty subject.In addition to the introduction and conclusion, this paper is divided to three parts. This first part is the overview of the definition and characteristics of transboundary environment damage cause by hazardous wastes. In this part, the overview of the definition is to derivative the transboundary environment damage and to lay the foundation for the study of liability subject. For the second part is the analysis of liablity subject of transboundary environment damage cause by hazardous wastes. In this part, it would research the history of the liability lsystem of the transfer of hazardous wastes. Then to analyze the compensation duty subject of transboundary environment damage cause by hazardous wastes at present, which conclude that the compensation duty subject of transboundary environment damage cause by hazardous wastes is relatively sole. The third part would discuss the establishment of a sharing system of transboundary environment damage cause by hazardous wastes. In this part, it analyzes the deficiency of Basel Convention and the Protocol. Then, it analyzes the necessity of sharing system. At last, it proposes perfecting the relative legal mechanism and establish a sharing system for transboundary environment damage cause by hazardous wastes to give a sufficient compensation.