Abstract

The paper discusses international jurisprudence in the regime of transboundary harm. Principles of good neighbourliness, due diligence and precaution are major guidelines forwarded by international jurisprudence dealing with trans-boundary problems. The paper examines the current status quo of customary and conventional international law that acts as a tool to combat trans-boundary harm. The paper ponders into the issues of territorial sovereignty, doctrine of necessity and conventional obligations to prevent transboundary harm making extensive use of the judicial and arbitral decisions to throw light on the existing regulations and obligation. The paper concludes that effects of customs, conventions, treaties and other international instruments have led to establishment of effective mechanism to determine the liability and the quantum of liability.

Highlights

  • The entire international law has been conceptualized within the purview of good neighborliness

  • Violation of the same is equivalent to an act that contravenes the principles of erga omnes and jus cognes

  • While the court found that the obligations of the parties in respect of environmental protection arose from the treaty, it implicitly rejected EIA as the norm of the international law, which would be applicable notwithstanding lack of these obligations under the treaty.[97]

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Summary

Kathmandu School of Law Review

The paper discusses international jurisprudence in the regime of transboundary harm. Principles of good neighbourliness, due diligence and precaution are major guidelines forwarded by international jurisprudence dealing with trans-boundary problems. The paper examines the current status quo of customary and conventional international law that acts as a tool to combat trans-boundary harm. The paper ponders into the issues of territorial sovereignty, doctrine of necessity and conventional obligations to prevent transboundary harm making extensive use of the judicial and arbitral decisions to throw light on the existing regulations and obligation. The paper concludes that effects of customs, conventions, treaties and other international instruments have led to establishment of effective mechanism to determine the liability and the quantum of liability

Introduction
Conclusion

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