China And International Environmental Liability: Legal by Michael Faure, Song Ying

By Michael Faure, Song Ying

This ebook considers the ways that transboundary environmental pollutants could be remedied via various felony tools. specific consciousness is paid to the toxins of the Songhua river in China, yet criminal treatments to transboundary pollutants also are mentioned in a broader context. the focal point of this e-book is on foreign environmental legislations and overseas conventions in addition to the applying of nationwide environmental legislations in a transboundary felony context. therefore contributions additionally pay attention to voluntary techniques, the significance of transboundary environmental influence evaluate and the applying of nationwide felony legislations to transboundary toxins. not just is transboundary toxins mentioned from the viewpoint of foreign legislation, but in addition from that of the applying of nationwide legislation to transboundary pollutants, therefore centering on inner most legislations, administrative legislations and legal law.As such, this booklet should be of significant curiosity to teachers, practitioners and scholars.

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Extra resources for China And International Environmental Liability: Legal Remedies for Transboundary Pollution (New Horizons in Environmental Law)

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54. Gray (1999). 79 Supra note 18. 80 International Law Association London Conference (2000), Committee on Water Resources Law, Campione Consolidation of the International Law Association 78 Cluster-litigation and environmental harm 31 draft liability principles adopted by the ILC propose a minimum standard of timely and effective redress. 81 However, the requirement to provide timely and effective redress does not apply to claims against the state. The principles envisage primarily that claims are brought against the operator.

Interstate claims would generally concern an international claim. That is, the claim would be based on an alleged violation of an international obligation, engaging the international responsibility of the wrongdoing state. While there may be a variety of international rules that could be relevant as a basis for such a claim, whether such rules can be applicable law depends fully on the jurisdiction of the court or tribunal. It is very rare that an international court would be allowed, in a case involving transboundary environmental harm, to consider the full spectrum of international (environmental) law that determines the full scope of obligations of the wrongdoing state.

In such cases, an NGO could represent all those who suffer a loss from environmental harm. Two distinct solutions may exist here: either the victims can collectively act together in a so-called class action (provided that national law allows this), or an NGO defending particular public interests may file a claim. 24 For 21 United Nations Convention on Jurisdictional Immunities of States and Their Property, art. 12, 44 ILM 803, UN Doc. A/RES/59/38 (2005) (providing: ‘Unless otherwise agreed between the States concerned, a State cannot invoke immunity from jurisdiction before a court of another State which is otherwise competent in a proceeding which relates to pecuniary compensation for death or injury to the person, or damage to or loss of tangible property, caused by an act or omission which is alleged to be attributable to the State, if the act or omission occurred in whole or in part in the territory of that other State and if the author of the act or omission was present in that territory at the time of the act or omission’); see also Hafner and Kohler (2004) (discussing the scope of the extra-territorial tort exception in the UN Convention).

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