Of State responsibility for transboundary environmental damage

[Abstract] In order to prevent environmental degradation and environmental issues to bring about sustainable human Development constraints and achieve the sustainable Development of the international community, the establishment of transboundary environmental harm to the state liability system is very necessary. This cross-border environmental harm to the state liability system elaborates the meaning and responsibility principle, by analyzing the cross-border environmental harm to the state of international practice and claim responsibility means that responsibility for transboundary environmental harm to the state to resolve disputes effectively address transboundary environmental approach.

[Keywords:] State responsibility for transboundary environmental damage attributable to the principles of international practice means

with claims on all forms of human Development and utilization of natural resources, the breadth and strength of continuous improvement transboundary environmental damage is also more frequent events, it is also increasingly highlight the danger, based on the destructive consequences of cross-border environmental damage and the occurrence of intensive, I believe that the question of responsibility of cross-border environmental damage it is very necessary.

I. State responsibility for transboundary environmental damage
definition of transboundary environmental damage was expressed that the definition of state responsibility, international Law, although the act does not require the blame transboundary environmental harm principle, but the human environment, held United Nations Environment Programme and Development have been adopted by the General Assembly "Declaration on the Human Environment in Stockholm", "Nairobi Declaration on the Environment" and "Rio Declaration on Environment and Development," "Convention on Long-range Transboundary Air Pollution", etc., are strictly the provisions of international principles and standards of environmental protection. And that, for the country constitute the act of transboundary environmental harm, the State should bear the responsibility, which embodies the principle of fairness in international Law, both developed and developing countries held in accordance with the provisions of international Law and acts strictly country's national responsibility.

I believe that State responsibility for transboundary environmental damage is contrary to the foreign environment without prejudice to the obligations and private activities is attributable to the national constituent elements, referring to the State under its jurisdiction or control of private activities by the environmental damage caused by other countries the responsibility of the consequences.

Second, cross-border environmental damage attributable to the principle of State responsibility
present the occurrence of transboundary environmental damage, caused by the internationally wrongful act other than in addition to engaging in conduct not prohibited by international Law resulting from transboundary harm should bear international responsibility for the current principle recognized by the international community, and their incorporation into a number of international treaties and conventions which legal principles.

Strict liability originated in the domestic civil exchanges between the first process, and then applied to the field of international Law. Strict liability is not considered a country in the subjective case of intentional or negligent, its injurious consequences arising from acts responsibilities still a large number of international practice and international law scholars, the theory that cross-border harm is strictly the responsibility of State responsibility the imputation principle.

Third, responsibility for transboundary environmental harm to the state
international practice on the international bear the responsibility for transboundary environmental harm to the state is not a lot of cases, the most representative is the Trail Smelter case. Trail Smelter case, environmental damage to the international development of the system of State responsibility had a significant impact, the case of transboundary environmental damage after this event can learn to create a model. In addition, occurred in November 2005 in the Songhua River pollution incident is a typical case of transboundary environmental damage, the Chinese government sincerely apologize to Russia and a positive relief and help to some extent, bear the responsibility of the state.

1.

Trail Trail Smelter case, the largest in North America, located in a private British smelter in British Columbia, Canada. Since the plant extract containing sulfur minerals, smoke, sulfur dioxide injected into the atmosphere to generate a large number of sulfur dioxide gas to south across the United States and Canada border, in Washington, causing serious air pollution. Over the years, Washington's claim to the Canadian private level, but has not been satisfactorily resolved. The United States since 1927, plus the two governments to begin diplomatic negotiations, the issue to the Committee to resolve the border between the two countries. Final determination of: any country has the right to use its territory so that the pollution in the territory of another State or territory or of his property and life on the territory of damage, if the consequences of this serious and the damage was confirmed by solid evidence . The arbitral tribunal that the arbitration agreement and international law, whether in Canada or in the future should now responsible for the activities of this smelter, Canada also have an obligation to stop the damage. Links to Research Papers Download http://www.hi138.com
2. Songhua River water pollution accident
2005 PetroChina Jilin Petrochemical Company of China double benzene plant explosion, the explosion, the monitoring of pollutants into the Songhua River benzene found, resulting in the Songhua River water pollution in major accidents. The turn into the Songhua River in Heilongjiang, contaminated water causes pollution into the Russian territory. The face of his country caused by environmental pollution, the Chinese Government has taken various remedial measures to actively cooperate with Russia in an effort to minimize the loss, fully demonstrates China's willingness to bear the cross-border environmental damage caused by the accident to the Russian loss in to some extent on the commitment of the international law of State responsibility. Songhua River transboundary environmental damage event is also the field of modern international environmental responsibility of the national commitment to transboundary environmental damage is a typical case.

Fourth, state responsibility for transboundary environmental damage claims
1.

Claim diplomatic diplomatic international transboundary environmental damage may be the main way to claim is a legal responsibility to avoid disputes solution. It is the main form of negotiation and consultation, mediation, conciliation and so on. Negotiations and consultations between the two parties through negotiations and consultations, mutual understanding, compromise solution to the problem, is the most flexible, fast and cost-saving approach.

2.

International arbitration claim means in today's international community, the choice is a feasible way to arbitration. The so-called arbitration is the parties of the agreement, the dispute to the arbitrator to choose their treatment, and mutually agreed to abide by its ruling means of settlement. In international claims practice, there are usually two arbitration ways: First, the Permanent Court of International Arbitration by arbitration to achieve international claim; the other is composed of a matter to arbitration to achieve a temporary international claims, such as international practice, the Commission claims or claims in court.

In the development of international environmental law milestone in the history of United States v. Canada, "Trail" Smelter and France v. Spain Lander Alex Lake pollution cases are resolved through arbitration.

3.

International judicial means of international Justice is the claim by an international court or tribunal, according to the rules of international law to ruling to resolve international environmental disputes, the decision is legally binding. In the international field of environmental protection, the admissibility of international environmental court or tribunal proceedings are the United Nations International Court of Justice and the International Tribunal for the Law, in addition, the admissibility of the European Court of Justice environmental litigation brought by EU member states.

In the field of transboundary environmental damage, lack of national responsibility is not accountability, as long as countries meet their environmental obligations in a spirit of positive international environmental cooperation, constantly improving the international environmental legislation, the development of uniform environmental standards, and establish reasonable environmental impact assessment systems, environmental problems can gradually ease, the state bear the cross-border environmental damage accident on State responsibility under international law will also help resolve such incidents, and to achieve global sustainable development laid a good system to protect! < BR>
References:
[1] Shuying. international law teaching cases. Beijing: China University of Political Science Press, 1999.233.

[2] Lin Ling Chan. international environmental law. Beijing: People's Publishing House, 2004.240 .

[3] Wang Xi. international environmental law. Law Press, 1998.149.

[4] Liang West. international law. Wuhan: Wuhan University Press, 2005.91.