Abstract
The maxim of sic utere tuo ut alienum non-laedes (use your own property in such a way that you do not injure that of another) has been recognized as a fundamental principal of law both in Roman and common law systems. In international law, this principle acts as a limitation on the sovereignty of a State. It is a settled principle of international law that a State has the sovereign right to exercise the basic functions of a state.1 But then the exercise of this right is subject to certain limitations. One limitation is that the state cannot allow certain activities to interfere with the sovereignty of other states. A state will be found liable under international law if the consequences of activities within that state’s control seriously injure persons or property of other states. This principle over a period of time has come to be known as the “no harm rule”. According to this principle, a state isanswerable even for acts of a private person who is under that state’s control.2 State practices clearly show that the laws governing state responsibility will apply to injuries arising out of hazardous activities which are within a state’s control because the riskof consequences posed by such hazardous activities are serious, regardless of their legality within the individual state.3
Highlights
In the Nuclear Test cases[10], both the applicants (Australia and New Zealand) claimed to be representing their own exclusive interests and the compatible exclusive common interests of the entire international community
The same approach is found in Article 2(1) of the 1991 ECE Convention on Environmental Impact Assessment, and in Article 3 of the International Law Commissions (ILC) 2000 Draft Convention on the Prevention of the Transboundary Harm.[59]
It should be noted that the Trail Smelter arbitration award and Principle 21 of the Stockholm Declaration, together with Principle 2 of the Rio Declaration have become customary rules of International Law through state practice and sufficient opinio juris.[69]
Summary
All manuscripts should be original and should not be simultaneously considered by any other publication. Coauthorship to a maximum of three authors is permitted except in special cases. The Journal accepts manuscripts for publication on a rolling basis throughout the year and the last date for submission for the Issue is May 31st 2018. Submissions made thereafter shall be considered for publication in the issue
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