Study On The Civil Liability Of Trans-boundary Environmental Damage

Article22of the declaration of the human environment in1972called for "allcountries should make development through cooperation about the responsibility ofactivities under their jurisdiction or domination which make pollution and ecologicaldamage to the areas out of their jurisdiction and the international law of compensationto victims.However, in recent years, the rules of international liability fortrans-boundary environmental damage developed quite slowly, so that it is very toughfor countries to take the responsibility for trans-boundary environmental damage. Inspite of this, the interests of the injured from the trans-boundary environmental damagestill need to be protected,one of the solutions to the problem is turning to privatesubjects and undertake corresponding civil liability.But at the same time,we still cannotignore the issue that due to the existence of trans-boundary factors ofjurisdiction.Therefore, the international treaties have become one of the preferredsolutions to the issue.As the International Convention on Civil Responsibility for OilPollution Damage in1969,it is the most typical international legal documents in thispart.Then,the civil responsibility of the treaties are introduced.They are about thetrans-boundary pollution,areas involving under pollution damage,trans-boundary waterpollution damage,marine oil pollution damage and damage caused by dangerouscross-border transfer,etc.Firstly, this paper analyzes the causes of the civil liability of trans-boundaryenvironmental damage and the necessity for solving trans-boundary environmentaldamage by the civil liability in the judicial practice, and expounds that the solution ofthe trans-boundary environmental damage responsibility mechanism by civil liabilitywill be a more reasonable, effective way. In the international community, more andmore countries will gradually accept and adopt this way. Then this paper discusses thetheoretical foundation of the civil liability of trans-boundary environmental damagedevelopment, which mainly has the duty of objectivity and Interest balance theory.Secondly, it introduces the current situation of international legislation on civil liability for trans-boundary environmental damage, further explaining the solution of thetrans-boundary environmental damage by the mechanism of civil liability already wonsupport from the people. The third part mainly discusses the problems about thelimitations of the trans-boundary environmental damage and how to deal with it. As tothe limitations of trans-boundary environmental damage, this part mainly discuss thelimitations of responsibility of the private subject, obstacles existed in trans-boundaryenvironmental damage claims，and the draft principles on the allocation of loss causedby hazardous activities in trans-boundary damage which still exists flaws and so on,and points out that the solutions to improving the civil liability of trans-boundaryenvironmental damage mechanism, constructing the remedies of trans-boundaryenvironmental damage, strengthening the international cooperation to solve therelevant problems. The last part of this paper mainly analyzes the Chinese governmentposition about the civil liability for trans-boundary environmental damage, theproblems and the solution strategies, hoping that it is beneficial to developing andimproving the civil liability of trans-boundary environmental, so as to achieve thepurpose of the protection of international environment.