Study On The Due Diligence Obligation For Transboundary Environmental Protectio

Not-prohibited Acts by international law of the state’s may have an impact outside the it’s territory,especially the increase in the development and utilization of marine resources and the construction of dams involving private activities,threatening transboundary environmental protection.The "Draft on State Responsibility for Internationally Wrongful Acts"(hereinafter referred to as the "Draft on State Responsibility")only requires a state to be responsible for private actions under limited conditions and requires the state to achieve the standard of "effective control" over private actions,So the identifying of state responsibility involving private activities is difficult.Due diligence emphasizes that states should respect the rights of other states or protect the international environment for activities within their territory,jurisdiction or control.In addition,due diligence are included in many international environmental treaties,and there is no special terminology to express them.International judicial institutions have a lot of discretion in judicial practice.Therefore,flexible due diligence and flexible interpretations of private international law institutions make them applicable in the field of transboundary environments with uncertain risks.In addition,due diligence can be used to assess different levels of participation in private activities through the measures that the State should take.Therefore,due diligence is an important normative tool to deal with the growing transboundary impact of private activities,and it helps to improve the national responsibility identifying system in the special field of transboundary environmental protection.Due diligence is a useful weapon for transboundary environmental protection and an important legal basis for identifying state responsibility.Only by closely following due diligence can we clarify the relationship between private behavior and state responsibility,explore the function of due diligence in the state responsibility system,and the value of due diligence in transboundary environmental protection.In order to address transboundary environmental issues,the study of due diligence rules is crucial for transboundary environmental protection.From the perspective of judicial practice,international judicial institutions mainly evaluate state responsibility around the identifying of the "due" of due diligence,but there are commonalities and differences in the applicable standards and degrees of diligence in its evaluation,because there is no uniform standard;The academia have disputes on its nature and characteristics,and its flexibility is also divided into different praise and criticism;The provisions of international environmental law are all embodied by specific rules,and there are no legal provisions specifying due diligence in special terms.This paper selects a typical cases of transboundary environmental protection in international judicial practice.Based on the development and improvement of due diligence in existing judicial cases and legal rules,this paper sorts out the judicial practice of international law and its applicable rules,analyzes its current situation and shortcomings,and systematically In order to better promote the identifying of state responsibility,we will analyze the commonality and internal connection of the application of due diligence in different fields of transboundary environmental protection,and compare and analyze the differences in different fields.The first chapter introduces due diligence under the state responsibility system,and analyzes the concept,nature and characteristics of due diligence.On the one hand,the concept of due diligence is analyzed according to its formation process,and its core elements are analyzed to define its connotation and extension and grasp the "due";The commonality of the nature and characteristics of due diligence among the International Law Association,international judicial institutions,and academia,to identify its nature and characteristics.And found that the interpretation and application of the nature and characteristics of due diligence by international judicial institutions is limited.The second chapter introduces the legal origin of due diligence in the field of international transboundary environmental protection.Due diligence is a general concept,encompassing certain primary obligations of specific and specific types of States,requiring best efforts,and the achievement of its normative objectives in relation to elements of risk,which can be found in international treaties and customary law.Find legal sources.From the analysis of international environmental treaties and international customary law to clarify the legal origin of due diligence,interpret the treaties that contain due diligence in international watercourses,international oceans,atmosphere and outer space and other fields,and summarize the repeated application of practical characteristics and laws Confidence derives its customary law basis as the obligation to prevent transboundary damage.The third chapter introduces the content of due diligence in transboundary environmental protection.On the one hand,summarize the substantive obligations of due diligence in transboundary environmental protection,that is,the obligation to prevent transboundary damage,sort out the rules of important representative environmental fields such as international watercourses,international oceans,and international climate,and summarize the appropriateness of prevention and damage.On the other hand,it sorts out the provisions of the procedural obligation of due diligence in different environmental fields,analyzes the connections and deficiencies,and further deepens the Comprehension of the content of due diligence.The fourth chapter introduces the application and the current situation of due diligence in transboundary environmental protection,and mainly analyzes the factors that identifys "due" of due diligence in the application process and its application limitations.According to the comparative analysis of cases in different fields,there are commonalities in the application of due diligence in judicial practice,because the degree of diligence and standards required by due diligence are determined by the factors that determine the "due",and the required factors are determined according to the application of different cases in different fields.The four variables assessed include reasonableness,risk level,state control over activities,and state capacity.These four variables are also common factors in assessing whether a state fulfills its due diligence.In addition,in its current application,it is difficult to prove that due diligence is violated,the judicial practice emphasizes the predictability of risks,and the content of the due diligence presents a trend of objectification as a whole.Chapter Five reviews and considers the application of due diligence.On the one hand,it reviews the function of due diligence in the state responsibility system.due diligence can supplement the attribution rules of the "Draft of State Responsibility" and provide a comprehensive state responsibility system.A framework for dealing with the effects of privately generated transboundary damage and complementing the regimes of State responsibility for internationally wrongful and not-prohibited acts.The most important thing is to combine the variables of "due" to clarify the relationship between the state and the risks to be prevented,and to study the conditions of due diligence arising from the link between the state and private activities,so as to identify that the state should be held responsible for the violation of the due diligence.conditions for the identifying of national responsibility for transboundary environmental protection.and to explore the conditions for the emergence of state responsibility with the link between the state and private activities,so as to identify the state responsibility for transboundary environmental protection.On the other hand,according to the value pursuit of the origin of international law and the change of the value pursuit of judicial practice,it is found that due diligence shows a trend of balancing economic development and environmental protection,reflecting its inherent value of sustainable development.Finally,it is the enlightenment of due diligence to our country.It can not only provide reference for my country’s management of coastal enterprises,but also provide guidance for my country’s development activities involving transboundary environmental impacts.In a word,the perfection and development of due diligence under the state responsibility system,the specific provisions of due diligence in different environmental fields can be applied in judicial practice,firstly,due diligence is of great significance for the determination of state responsibility in the transboundary environmental field;secondly,the standards and levels of due diligence in different environmental fields are highly flexible,but there are still many challenges to be overly detailed;finally,the status and role of this obligation in the field of transboundary environment are important,especially in the rapid development of science,In the social development with changing environmental problems and uncertain risks,the flexible application of due diligence is a useful weapon for determining state responsibility.