Environmental Liability Directive: Problems and possible amendments

Abstract

The European Community (now European Union) adopted in April 2004 Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage. The purpose of the Directive is to establish a common legal framework of environmental liability based on the ‘polluter-pays’ principle within the EU, to prevent and remedy environmental damage. Although the environmental damage could affect various countries and international society cooperates to protect global environment such as climate change or marine pollution, there is no binding international treaty which regulates liability for environmental (per se) damages. Even the International Law Commission could adopt the Draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities in 2006 as a non-binding principle. However, recently the EU involves the neighbouring countries for protection of marine environment based on the Marine Strategy Framework Directive and the influence of the EU law is spreading out. This means, the EU’s Environmental Liability Directive could become a model for an international treaty on universal liability regime for environmental damage.