跨界环境损害法律责任研究
发布时间：2019-05-28 01:07
【摘要】：当前跨界环境损害频繁发生,环境问题已不再是一国国内问题。国与国间的地域界限是人为划分的,不能隔绝各国的往来和相互影响,更不可能将环境损害阻断的国界线上。面对国内环境保护问题,各国都会立法加以调整,但是一旦环境损害跨越国界波及至邻国或是蔓延至更远的未交界的远邦,要想通过国际立法加以调整就变得困难重重,最终更多的只能是靠双方的友好协商解决,国际司法成功案例极其稀少。但是司法途径是解决跨界环境损害问题的必由之路,国际社会也一直在这个方向上努力,且已取得了一定实质性的成果。目前,国际社会公认的解决途径包括国家为其不法行为承担国家责任和为其国际法不加禁止的危险活动承担国际赔偿责任及运营者为其实施的危险活动承担民事赔偿责任三种。由于跨界环境损害的发生多为突发事件,且致损行为多为不被国际法所禁止,损害造成后要通过国际诉讼追究国家的责任,难以实现,也有所不公,更不利于保护人身财产安全、恢复受损环境。因此,以运营者民事赔偿责任为主、国际赔偿责任为辅的模式,是目前最行之有效的解决之道。我国当前应对跨界环境损害存在立法不足、制度缺失等问题,亟需立法加以完善。
[Abstract]:At present, cross-border environmental damage occurs frequently, and environmental problems are no longer a domestic problem in a country. The regional boundaries between countries are artificially divided, which can not isolate the exchanges and interaction of countries, let alone block the national boundaries of environmental damage. In the face of domestic environmental protection problems, all countries will enact legislation to adjust them, but once environmental damage spreads across national borders to neighboring countries or to distant countries, it becomes difficult to adjust them through international legislation. In the end, it can only be settled by friendly consultation between the two sides, and the successful cases of international justice are extremely rare. However, judicial approach is the only way to solve the problem of cross-border environmental damage, and the international community has been working in this direction, and has achieved some substantive results. At present, the recognized solutions of the international community include the State responsibility for its wrongdoing and the international liability for dangerous activities not prohibited by international law, and the civil liability for the dangerous activities carried out by the operators. Since the occurrence of cross-border environmental damage is mostly emergencies, and most of the damage acts are not prohibited by international law, it is difficult and unfair to investigate the responsibility of the State through international proceedings after the damage has been caused. It is not conducive to the protection of personal and property safety and the restoration of damaged environment. Therefore, the mode of civil liability of operators, supplemented by international liability, is the most effective solution at present. At present, there are some problems in our country, such as insufficient legislation and lack of system, which need to be improved.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.9
本文编号：2486592
[Abstract]:At present, cross-border environmental damage occurs frequently, and environmental problems are no longer a domestic problem in a country. The regional boundaries between countries are artificially divided, which can not isolate the exchanges and interaction of countries, let alone block the national boundaries of environmental damage. In the face of domestic environmental protection problems, all countries will enact legislation to adjust them, but once environmental damage spreads across national borders to neighboring countries or to distant countries, it becomes difficult to adjust them through international legislation. In the end, it can only be settled by friendly consultation between the two sides, and the successful cases of international justice are extremely rare. However, judicial approach is the only way to solve the problem of cross-border environmental damage, and the international community has been working in this direction, and has achieved some substantive results. At present, the recognized solutions of the international community include the State responsibility for its wrongdoing and the international liability for dangerous activities not prohibited by international law, and the civil liability for the dangerous activities carried out by the operators. Since the occurrence of cross-border environmental damage is mostly emergencies, and most of the damage acts are not prohibited by international law, it is difficult and unfair to investigate the responsibility of the State through international proceedings after the damage has been caused. It is not conducive to the protection of personal and property safety and the restoration of damaged environment. Therefore, the mode of civil liability of operators, supplemented by international liability, is the most effective solution at present. At present, there are some problems in our country, such as insufficient legislation and lack of system, which need to be improved.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.9
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