• Responsibility and Liability for Transboundary Environmental Harm: A Legal Analysis

    Author(s):
    Fazil Jamal (see profile)
    Date:
    2014
    Subject(s):
    International law, Environmental law, International, Government liability
    Item Type:
    Article
    Tag(s):
    Environmental Damage, International Liability, State Responsibility, Transboundary Harm
    Permanent URL:
    https://doi.org/10.17613/54tg-4q64
    Abstract:
    It is now widely recognized that manifold human activities, including the international trade in, and the movement of, certain goods and products have negative and adverse implications for the protection of the global environment in its varied settings. In this context, the question of liability and redress for transboundary environmental harm assumes special significance. The global regulatory efforts to shape the transnational liability rules position the question of environmental harm in relation to state responsibility as the rules and principles of general international law with respect to state responsibility and international liability has been part of the scholarly discourse for long. In recent times, new problems of technology-driven commercial experiments have added to the complexity of the legal debate. This study seeks to identify and examine the concepts of State responsibility and international liability in customary international law and analyses the principal attributes of these concepts as they emerge from treaty practice, judicial decisions, commentary of experts as well as the recent work of the International Law Commission in this regard. It further reviews some of the existing multilateral civil liability treaties dealing with the questions of transnational harm so as to delineate the essential features of, and potential problems embedded within, the existing legal approaches to the resolution of transboundary damage.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    1 month ago
    License:
    All-Rights-Granted
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