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Environmental Natural Resources Law

Guide to International Environmental Law by Kiss, A., Shelton, D.

By Kiss, A., Shelton, D.

This paintings goals to offer the fundamental components of foreign environmental legislation. The booklet offers a common review of why and the way the foreign method elaborates environmental duties and screens compliance with them.

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The articles do not support strict liability between states, unless the state itself is the operator. The Commentary to the Draft Principles is clear that “[i]t is envisaged that a State could be an operator for purposes of the present definition” and thereby become strictly liable. UN Doc. 1, at 41, para. 33. For non-state activities, state obligations are more limited. ” The state also must promptly notify all states that are potentially or actually affected by an incident, ensure that appropriate response measures are taken, and provide domestic remedies against the responsible party.

With territory rather than nationality the usual basis for claims of state responsibility for environmental harm, diplomatic protection will maintain its traditional function only when the victims of polluting activities are found in places where the sole link between them and their state is personal: the high seas and air space above, Antarctica, outer space Finally, it is necessary to mention the problem of abatement. One of the requirements arising from breach of a rule of international environmental law is that an activity causing significant transboundary environmental harm should cease.

States seem willing to accept strict liability for their own conduct, but not for that of private actors. Chapter II The Development of International Environmental Law As in other areas of law, religious or ethical beliefs may motivate individuals and governments to press for environmental protection. An additional basis for action at the international level is the desire to avoid interstate conflicts over depleted or scarce resources or consequent to incidents of transfrontier pollution. Religious texts may motivate believers in favor of environmental protection.

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