On The National Responsibility For Waste Transboundary Damage

The international community's responsibility for the transboundary damage of waste is frequently discussed,but there is relatively little special research on the national responsibility system for transboundary damage.In the 1980 s,global conventions and regional conventions regulating waste were introduced,but the regulation of waste cross-border did not receive good results.The traditional extensive industrialization development model has produced a large number of wastes that damage human physical and mental health and the ecological environment.Wastes are transported to other countries or regions by trade or private dumping,resulting in a large amount of transboundary damage.The responsibility for these transboundary damages is related to whether the victim can receive reasonable compensation.While improving waste disposal technology,how to determine the responsibility for waste cross-border damage has become an urgent problem for all countries.The existing traditional state responsibility system based on the theory of fault liability mainly focuses on the subjective and objective elements,and is flawed when applied to specific cases.The transboundary damage caused by private acts not prohibited by unregulated international law causes the injured party.There is no timely and adequate compensation.In this regard,the author proposes to improve the existing system of state responsibility for transboundary damage,to supplement the strict liability theory as a supplement and development of traditional state responsibility,and to provide for the provision of national responsibility for the transfer of waste across borders in the form of legal provisions.Focus on the causal relationship between waste cross-border behavior and damage results,and clarify that the nature of state responsibility for waste cross-border damage is shared by the state and the private entity,the private entity bears full responsibility,and the state bears the supplementary liability for prevention.In the specific case of transboundary damage of waste,the responsibility of state responsibility faces the problem that the application of international law is not efficient and conflicts with domestic laws.In response to this problem,the author proposes to refine the provisions of international law and regulate waste across The monograph on the global convention on damages stipulates the form and specific procedures of State responsibility and resolves environmental disputes through international cooperation and consultation.In addition,the author also proposes that when the law enforcement of the responsibility of the country of the exporting country is not efficient,the importing country should consider the entry of waste from the source to avoid damage.Under the regulation of importing countries to actively advocate the transboundary damage of wastes,there is a direct legal basis for their own efforts to seek the right of exporting countries to sign treaties to achieve the division of responsibility for waste cross-border damage.In accordance with their own conditions,China should formulate reasonable and feasible domestic laws to regulate the responsible persons of transboundary damage of waste,in order to better protect the health of the residents and the regional ecological environment,and better build a beautiful China.