On State Liability for Damage Resulting from Trans-boundary Pollution in International Environmental Law
Date Issued
2010
Date
2010
Author(s)
Lin, Ting-Hui
Abstract
This thesis will focus on the arrangements and trends of international environmental law by the “liability regime for trans-boundary damage." Through the discussion of international liability system for the trans-boundary arrangements, including compensation for nuclear damage, liability from trans-boundary hazardous waste and other trans-boundary movements of damage liability and redress in international rules, procedures and judicial decision, we find that the compensation system including state liability is more complete than state responsibility in traditional international law.The objective of state responsibility is the international wrongful act. But sometimes trans-boundary pollution without wrongful act causes other state damge. It’s unfair if the damage is done, the polluter or the state of polluter’s nationality doesn’t take any responsibility based on traditional international law because of its lawful acts.
This thesis will be conducted by document analysis, historical interpretation, legal interpretation and comparative law methodology, trans-boundary environmental pollution due to damage on the regime of state liability related to international legislations and cases, and minutes of meetings in the legislative process, conclusions of the International Law Commission (UN) and other related studies. This thesis hopes to fill some research gap on the state liability caused by trans-boundary pollution. Combining with the latest development of international law, the conclusion will offer some comments about what the law ought to be.
Subjects
trans-boundary pollution
damage
state responsibility
state liability
strict liability
SDGs
File(s)![Thumbnail Image]()
Loading...
Name
ntu-99-D91322003-1.pdf
Size
23.53 KB
Format
Adobe PDF
Checksum
(MD5):55d3ca04f93f2eac7dd83296a5aa9fe7