Research On The Liability For Transnational Environmental Damage

With the development of global economic integration and technology,countries are increasingly closely linked,and environmental problems have also emerged with frequent,complex,and cross-cutting nature.Environmental pollution is not confined to a single country.It spreads across borders to neighboring countries,causing huge property losses and personal damage,and severely damages ecosystems.After pollution damage occurs,how to make up for the losses of the injured country or victim,and ensure that they receive adequate and timely compensation becomes an urgent problem.The compensation liability for transnational environmental pollution damage can be divided into three types: state liability,civil liability,civil liability and state liability is a supplement.It is rare for victims to directly ask the state of the perpetrator to bear the original state liability,because the state will not bear the liability based on political or legal considerations.In addition,Civil liability can better reflect the "polluter's burden principle",protect the interests of the victims to the maximum extent,and will not exempt the role of the state in the civil compensation system,so this paper mainly discusses the civil liability.Firstly,Recognition of the Civil Liability for Compensation for Transnational Environmental Pollution Damage which is analyzed from three aspects: the subject of civil liability,the principle of imputation,the treaties involved and international soft law documents.Secondly,This paper analyses the actual cases of civil compensation for transnational environmental pollution damage,finds out the problems existing in the civil compensation liability for transnational environmental pollution damage,mainly discusses the limited compensation capacity and the obstacles in the process of judicial claims,and then analyses the civil compensation for transnational environmental pollution damage in China.The existing problems in compensation liability are analyzed from the aspects of imperfect legal system and the lack or imperfection of relevant systems.Finally,some suggestions are put forward.At the international level,we should strengthen international or regional cooperation,build a perfect civil compensation system and perfect judicial relief procedures to solve the problems existing in the process of claims by the international community.Further analysis and construction of a set of compensation system,in which operators bear the primary responsibility,insurance and industry funds are allocated,and the state acts as a safeguard;from the jurisdiction of the court,the application of law,the recognition and enforcement of judgments and other aspects to build judicial relief process.In our country,we put forward some suggestions,such as joining the environmental treaties or regional documents,establishing the Law of Compensation for Environmental Pollution Damage,establishing financial security system and improving the system of environmental prevention and impact assessment,to improve the existence of compensation for transnational environmental pollution damage in China.In order to make a little contribution to the compensation system of transnational environmental pollution damage in China.