Wang Yu, Law School

Abstract: Article 22 of the declaration of the human environment in 1972 called for "all countries should make development through cooperation about the responsibility of activities under their jurisdiction or domination which make pollution and ecological damage to the areas out of their jurisdiction and the international law of compensation to victims. However, in recent years, the rules of international liability for trans-boundary environmental damage developed quite slowly, so that it is very tough for countries to take the responsibility for trans-boundary environmental damage. In spite of this, the interests of the injured from the trans-boundary environmental damage still need to be protected, one of the solutions to the problem is turning to private subjects and undertake corresponding civil liability. But at the same time, we still cannot ignore the issue that due to the existence of trans-boundary factors of jurisdiction. Therefore, the international treaties have become one of the preferred solutions to the issue. As the International Convention on Civil Responsibility for Oil Pollution Damage in 1969, it is the most typical international legal documents in this part. Then, the civil responsibility of the treaties are introduced. They are about the trans-boundary pollution, areas involving under pollution damage, trans-boundary water pollution damage, marine oil pollution damage and damage caused by dangerous cross-border transfer, etc.

      Firstly, this paper analyzes the causes of the civil liability of trans-boundary environmental damage and the necessity for solving trans-boundary environmental damage by the civil liability in the judicial practice, and expounds that the solution of the trans-boundary environmental damage responsibility mechanism by civil liability will be a more reasonable, effective way. In the international community, more and more countries will gradually accept and adopt this way. Then this paper discusses the theoretical foundation of the civil liability of trans-boundary environmental damage development, which mainly has the duty of objectivity and Interest balance theory. Secondly, it introduces the current situation of international legislation on civil liability III for trans-boundary environmental damage, further explaining the solution of the trans-boundary environmental damage by the mechanism of civil liability already won support from the people. The third part mainly discusses the problems about the limitations of the trans-boundary environmental damage and how to deal with it. As to the limitations of trans-boundary environmental damage, this part mainly discuss the limitations of responsibility of the private subject, obstacles existed in trans-boundary environmental damage claims，and the draft principles on the allocation of loss caused by hazardous activities in trans-boundary damage which still exists flaws and so on, and points out that the solutions to improving the civil liability of trans-boundary environmental damage mechanism, constructing the remedies of trans-boundary environmental damage, strengthening the international cooperation to solve the relevant problems. The last part of this paper mainly analyzes the Chinese government position about the civil liability for trans-boundary environmental damage, the problems and the solution strategies, hoping that it is beneficial to developing and improving the civil liability of trans-boundary environmental, so as to achieve the purpose of the protection of international environment.

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