On State Responsibility For Transboundary Environmental Damage

Economic globalization makes the communication and exchanges among countries in various fields more and more frequent,but at the same time,environmental pollution and destruction of natural resources far beyond the realm of one country,and has a serious impact on other countries,becoming a regional or even global problem.Governments also cause to the attention of the transboundary environmental damage,the international law commission also compiled a transboundary environmental damage and prevention on the draft,transboundary environmental damage caused by activities are not prohibited by international law,in a country's territory,its tangible consequences can cause significant cross-border damage risk of activities,such activities are mainly civilian nuclear field,aviation,space utilization,utilization of international rivers and waters and ocean development,ocean oil transportation cause large-scale field of transboundary environmental damage,and with the progress of human science and technology and make use of thenatural environment ability to expand,The range of areas causing transboundary environmental damage will increase.As the main subject of international law,state plays an extremely important role in causing and preventing transboundary environmental damage.While most of the transboundary environmental damage cases need to state and local involved companies jointly liable for compensation,but the nature of the state and status in international law determines the internal environmental management responsibility,have the obligation to the accident prevention of transboundary environmental damage,and the transboundary environmental damage incident is also have the obligation to decrease the effect of damage and the corresponding Compensation.Private responsibility for other countries has inherent limitations due to limited economic power.Therefore,how to improve the national transboundary,environmental damage liability system,actively prevent the possible transboundarv environmental damage dangerous activities,how to mitigate the environmental impact caused by the transboundary environmental damage events and how to compensate,in order to improve the environmental management level of a country and maintain the common homeland of all mankind.Firstly,this paper discusses the relevant concepts of transboundary environmental damage,and theoretically differentiates the concept of transboundary environmental damage.Compared with traditional state responsibility,it has its own unique characteristics.Then transboundary environmental damage liability against the state of relevant international treaties and international law committee compiled two draft terms were analyzed,and the international state of the practice of transboundary environmental damage to "prevention”and "loss allocation","prevention" system can reduce the occurrence of' environmental damage consequences,"loss distribution" is alter the occurrence of transboundary damage consequence,how to divide the country and operator's liability to pay compensation.These international legal documents are the latest and most important legal achievements of the transboundary environmental damage liability of a country,thus showing the development trend of the transboundary environmental damage liability of a country.In other words,the positive significance of these international legal documents is clarified,and their shortcomings are also discussed.At last,according to the existing problems of national transboundary environmental damage liability and put forward the corresponding countermeasures,and focus on the specific problems of China's existence of transboundary environmental damage put forward countermeasures for analysis.For the elaboration of the content of this paper,the research methods such as conceptual analysis,legal theory analysis and comparative analysis are comprehensively applied.and cases related to transboundary environmental damage are combined to conduct auxiliary argumentation.The purpose of this paper is to prevent and eliminate transboundary environmental damage and protect the earth's environment.