Transboundary Damage in International Law

By Xue Hanqin | Go to book overview

9 Conclusions

At the 1972 Stockholm Conference on the Human Environment, development of rules of international liability for environmental damage was called for.1 The participating States undertook to “develop further the international law regarding liability and compensation” for environmental damage caused to the territory of other States or areas beyond national jurisdiction or control.2 In the years that followed, State governments tackled the matter on a much broader basis with commendable achievements, both nationally and internationally. The existinglaws on transboundary damage reviewed in this study bear out such efforts.


An appraisal

For accidental damage, international liability rules are largely influenced by the risk or hazard posed by the activity in question. The tendency discerned from the existing regimes points to more harmonized and standardized international regulations in the future and damage rules based increasingly on the substantial practice of States. To date, the international regulation of hazardous activities generally provides for civil liability of the operator, while States undertake the responsibility to regulate such high-risk activities by establishing standard rules of conduct and by imposing compulsory financial mechanisms on the industry for the purpose of compensation in the event of an accident. The

1 See, in particular, Principles 21 and 22 of the Declaration of the United Nations Conference on the Human Environment, in Report on the United Nations Conference on the Human Environment, UN Doc. A/CONF.48/14 (Stockholm, June 5–16, 1972), reproduced in 11 ILM 1416 (1972).

2Ibid., Principle 22.

-317-

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Transboundary Damage in International Law
Table of contents

Table of contents

  • Cambridge Studies in International and Comparative Law ii
  • Title Page iii
  • Contents v
  • Foreword ix
  • Preface and Acknowledgments xiii
  • List of Treaties xvi
  • List of Cases xxvi
  • Abbreviations xxviii
  • 1- Introduction 1
  • Part I- Accidental Damage 17
  • 2- Liability for Accidental Damage 19
  • 3- Substantive Rules and Principles: Issues and Problems 73
  • Part II- Non-Accidental Damage 111
  • 4- Liability for Non-Accidental Damage 113
  • 5- The Doctrine of Due Diligence and Standards of Conduct 162
  • Part III- Damage to the Global Commons 189
  • 6- Liability for Damage to the Global Commons 191
  • 7- Legal Issues Relating to Damage to the Global Commons 236
  • Part IV- Underlying Principles 267
  • 8- The Nature and Basis of International Liability 269
  • 9- Conclusions 317
  • Bibliography 333
  • Index 356
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