The Law Analysis And Research Of Countermeasures On Treatment Of Trans-frontier Pollution Dilemma

The uncertainty on the property right of international environment resources makes the treatment of trans-frontier pollution difficult. Although the related international law is developing all the time, the enlargement speed of environment pollution is more far than that of treatment effort.The issue of environment is one of internationalization. On macro scale, the pollution is trans-frontier, which needs the international law to adjust to resolve.In the process of trans-frontier pollution treatment, the internatioanl community has made a great deal of attempt. The national liability is adopted to animate the state to resolve the trans-frontier pollution in the beginning. In the history of internation law, because of the impact of wester father of modern international law, Hugo Grotius,the theory of traditional national liability has been deemed as"no fault, no liability". Only when the unproper act is conducted on purpose or with fault, the state should take the resposibility.With the social development, people are gradually aware that many activities, which don't break the obligation in international law, even are beneficial to human society , constitute the trans-frontier pollution in fact. Thus, the strict liability is adopted in the national liability, which suffered the strong resist from the national sovereithty. In truth, it will not be smooth when there are still a lot of disputes on the issues such as the conception of pollution, the identification of the extent of pollution, the matter of liability-assuming, the scope and calculation of indemnification.In the explore of treatment of trans-frontier pollution, the international law committee put up with the loss-sharing theory in Report in 2002, indicating the private law tendency of international environment damage liability, breaking down the deadlock and dilemma of national liability, winning the good evaluation from all the circles. The loss-sharing theory emphasizes the civil liability of individual as a major system and the national liability as an exception, except for the damage of the outspace object. This theory makes great contributions on many aspects such as oil pollution prevention, off-shore mining regulation, trans-frontier diversion of trash. However, the loss-sharing theory aims for the specific field, it is unsuitable for the maro problem such as the global warming prevention, acid rain prevention, avertion of forest fire.The poisoned trush event happened in The Republic of lvory Coast in 2006 indicates that the loss-sharing mode is unsufficient in resolving the trans-frontier diversion of trash.Dating back to the source of dilemma of trans-frontier pollution treatment, the essence is much more obvious from the angle of economics, that is the globle environment is public property. There is no cost for pollution, at least at present, but the treatment requires a lot of actual manpower and material. There is a lack of governmental organization above the state to deal with the issue which will decrease one's own welfare because of other countries. The international treatment of trans-frontier pollution calls for original thoughts.To resolve the trans-frontier pollution, it's necessary for the global community to reach a common agreement on the issue of environment treatment, that is the human right tendency of environment issue. The environment concerns on the existence and development of human, so it should be one of basic hunman rights. It's advisable to establish justice and independent international environment court with extensive representation, drawing the experience of European court. The non-government organization can resolve the low-efficiency and political prejudice of government organizaiton, and its role should be affirmative and guided. Finally, it should realize the willing assignment of national sovereignty on the trans-frontier pollution issue.