On The Subject Of Transboundary Environmental Damage Liability

In modern society, the rapid development of science and technology as well as aerospace, biotechnology, communications and other high-tech development and application etc is improving our living, but also brought new and large pressures to the global environment. With the gradual increasing of transboundary environmental pollution incidents, it's obvious that many accidents are no longer caused by the violation of international law, and the traditional state responsibility can not solve the problem. Consequently transboundary environmental damage liability (that is the environmental damage liability caused by the acts not prohibited by international law) as an independent concept of international law has been proposed. The issue of transboundary environmental liability for pollution is becoming from a regional development of the specific legal issues to a universal issue of international law. To solve the problem of transboundary environmental damage, we should establish a transboundary environmental damage liability system, of which the most important issue is to clear the responsibility subject, that is, who compensates the victims of accidents on the environment liability. International law scholars' awareness are different on the responsibility Subject for the transboundary environmental damage. The traditional theories tend to countries as the main responsibility, but the latest researches think that the private body (that is natural and legal persons) bears the transboundary environmental damage responsibility is more reasonable, they advocate to use private responsibility to solute the transboundary environmental damage problem. Therefore, this paper uses the comparison methodologies and the combining theory and practice research methodologies to studies the relevant issues on transboundary environmental damage responsibility subject. Based on the analysis of the pros and cons on the international law subjects' responsibility and private body's responsibility, the paper shows this appoint that is making private body to bear the transboundary environmental damage responsibility is more reasonable. And this paper also constructs the loss allocation model of the transboundary environmental damage responsibility. At the same time, I give some advices to the China's transboundary environmental damage responsibility model and how it can be improved.In addition to the introduction and conclusion, this paper is divided into four parts, and the whole text has more than 30000 words.The first part is an overview of the subjects reliable for the transboundary environmental damage. This part focuses on the history of responsibility subjects and makes an analysis of the reasons. Through the overview, we get a conclusion that international law subjects and private body have both been used to solve the transboundary environmental damage problems in the practice. Then this part compares two different concepts: the transboundary environmental damage liability and responsibility of the international misconduct. Finally, reasons why the state and the private body becoming the subjects of the transboundary environmental damage liability are analyzed.The second part makes specific research on the two main subjects in the transboundary environmental damage responsibility——the state and the private body. Then this part makes an analysis of the attribution principles as well as the composition and scope of the responsibility. The attribution principle of transboundary environmental damage responsibility is strict liability. And this part also tells that the compensation scope is unique in the transboundary environmental damage responsibility. It includes not only physical damage and loss of property but also the environmental and natural resources damage.The third part is an analysis of the pros and cons that international law subjects (mainly the States) assume responsibility for transboundary environmental damage. The international law subjects assuming responsibility . has some advantages. Firstly, transboundary environmental damage responsibilities arising by the acts of state should be borne by the State directly. Secondly, when the private body unable to bear all the compensation or the compensation beyond the limit, the state should bear the added responsibility. Because theoretically speaking, using this way the compensation for the victims can be better protected. Meanwhile, the international law subjects assuming responsibility also has many defects. The defects show obviously in the theory and the practice. Therefore, the way that international law subjects bearing the transboundary environmental damage responsibility used less in practice, and it should be used just as exceptions and additions.Part four researches how the private body bearing the transboundary environmental damages responsibility in the international legislation and its theory, and then gives analysis and evaluation. Based on the analysis above, I give suggests on how to build transboundary environmental damages responsibility system. Also, I give some advices to the China's transboundary environmental damage responsibility model and how it can be improved.