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On International Environment Liability

Author: DengBo
Tutor: NaLi
School: Jilin University
Course: Environment and Resources Protection Law
Keywords: International liability for environmental damage State responsibility Private law responsibility The International environmental damage loss allocation mode
CLC: D996.9
Type: Master's thesis
Year: 2005
Downloads: 405
Quote: 3
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Abstract


The International Law Commission since 1978 , three former report work shows that the development of the main line of the international liability for damage to the environment , can be seen from the general trend shift responsibility from the state to private law responsibility . National responsibility for defects in the theoretical limitations , are insufficient to support fault liability and strict liability , so it is inevitable shift to private law liability . Private law liability theory elements include prejudice , invasive , negligence and public trust theory , its implementation to private law litigation associated with the damage to the environment itself , damage measurement repeated violations and future behavior , responsibility for the violation of the treaty and other issues also very important . Oil pollution and other relevant treaties , environmental liability, loss allocation method has some shortcomings , but its loss with the development of international environmental damage based mode is very feasible . To finally deal with the international environmental damage , the efforts of the international community to strengthen cooperation is very important .

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CLC: > Political, legal > Legal > International law > International Environmental Protection Act
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