Liability for Transboundary Environmental Damage Towards a General Liability Regime?

Abstract

Since 1980, the International Law Commission (ILQ has been engaged in drafting a comprehensive convention on liability for damage arising out of acts not prohibited by international law. During its work, the TLC has increasingly focused on transboundary environmental damage. Thus, the project may have considerable impact on the further development of this area of international law. This article analyzes the bask concepts of the project which have emerged so far. It assesses the political feasibility of the project in the light of the current state of international law concerning liability for environmental damage, given that a number of specific ultra-hazardous activities are already regulated by multilateral liability regimes. It concludes tfa»> the international community has increasingly accepted the obligation to regulate liability issues, which has improved the chances for victims to mount successful claims. However, this does not mean that states were prepared to compensate for transboundary environmental damage.