By Michael Faure, Song Ying
This booklet considers the ways that transboundary environmental pollutants may be remedied via a number of criminal tools. specific awareness is paid to the toxins of the Songhua river in China, yet criminal treatments to transboundary toxins also are mentioned in a broader context. the point of interest of this publication is on overseas environmental legislation and foreign conventions in addition to the applying of nationwide environmental legislation in a transboundary felony context. hence contributions additionally pay attention to voluntary methods, the significance of transboundary environmental effect evaluation and the appliance of nationwide legal legislation to transboundary pollutants. not just is transboundary toxins mentioned from the viewpoint of foreign legislation, but additionally from that of the applying of nationwide legislations to transboundary toxins, hence centering on inner most legislation, administrative legislation and felony law.As such, this ebook should be of significant curiosity to lecturers, practitioners and scholars.
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Additional resources for China And International Environmental Liability: Legal Remedies for Transboundary Pollution (New Horizons in Environmental Law)
Pdf, p. 81, para. 7. 60 Art. 47 of the Articles on State Responsibility, Annex of UN Doc. A/Res/56/ 83 of 28 January 2002. 61 Art. 16 of the Articles on State Responsibility. 62 The responsibility of the organization does not formally imply or exclude the responsibility of the state, or vice versa. ) operate within separate legal orders. Responsibility of a state under domestic law is without prejudice to the state’s responsibility in international law and vice versa. Obviously the responsibility (or lack thereof) of a private facility under domestic law does not tell us anything about the responsibility of the state that may have condoned its polluting activities under international law.
See generally Fox (2002) (analysing the extraterritorial tort exception). 22 UN Int’l L. Comm’n, Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities, Report of the International Law Commission on the Work of its Fifty-Eighth Session, at principle 6, para. 2, UN Doc. A/61/10 (2006). 23 Supra text to note 10. 24 McCormick (2005), discussing NGO litigation and monitoring of environmental law implementation. 26 Hence, the choice of the victim has relevance for the remedy as well.
68 The potassium mine owners argued that the emissions were within the limits set by their permit and, therefore, not illegal. The court, however, judged that the licence had not taken into account the potential harmful eﬀects of the emissions for third parties and thus could not release the potassium mines from liability. It seems that the situation is the same in a case where domestic regulation is based on international law (or in a case where an international legal regulation applies directly).
China And International Environmental Liability: Legal Remedies for Transboundary Pollution (New Horizons in Environmental Law) by Michael Faure, Song Ying