Research On International Legal Issues Of Trans-boundary Environmental Damage Liability

With the rapid development of the global high-tech, such as aerospace, biochemical and communication in bring convenience to human life, at the same time, also bring serious problems to the global environment. Trans-boundary environmental damage events increased gradually, not only made environment difficult to restore, also brought a great loss and damage. Different from the domestic environmental damage, there are many difficulties in the problem of compensation for trans-boundary environmental damage, although in the nuclear, oil pollution damage and other areas has formed a relatively complete system. Because the law has lag, can’t cover the further development of science and technology in time, then the study on trans-boundary environmental damage liability have practical significance.After years of scholars’ research, great achievements in the aspects of bearing trans-boundary environmental damage liability have made, but there are still many defects need to refine and improve. In China, because of its special geographical environment, leads to become a country of trans-boundary environmental damage easily, therefore, it is important to improve trans-boundary environmental damage liability system.There are many disadvantages of the provisions of International Law on trans-boundary environmental damage liability, analysis of these problems deeply in this article. The article is divided into five parts, the first part defines the concept and characteristics of trans-boundary environmental damage, on the basis of this,defines the concept and characteristics of trans-boundary environmental damage liability, and have a brief summary. The basis on the special treaties of International Law including on maritime,oil pollution damage and nuclear pollution damage compensation liability, and the soft law documents through international law organizations. The second part analyze and define subject and the scope of compensation under the International Law of trans-boundary environmental damage liability system. The third part make definite the imputation principle for strict liability, and expound the basic principle of trans-boundary environmental damage compensation. The main content of the fourth part is the liability limitation of liability for trans-boundary environmental damage. On limitation of liability, the exemption period of claim and the relevant provisions of the elaboration, proposed trans-boundary environmental damage liability, exemption as force majeure, the third party victim fault, fault. The fifth part analyze and summary Chinese exist about the problems of trans-boundary environmental damage liability system, on this basis, put forward the corresponding solving methods, to improve trans-boundary environmental damage liability system.