返回Google圖書搜尋

Trans-Boundary Harm

其他書名	An Environmental Principle in International Context
出版	SSRN, 2011
URL	http://books.google.com.hk/books?id=61TgzwEACAAJ&hl=&source=gbs_api

註釋One of the fundamental features which distinguishes environmental harm with other harms (corporeal or incorporeal), is the transcending effect it has. This is to say that even the ramifications of the use of armed force (except for biological or chemical weapons though) are not as wide as in the case of environmental harm. The reason lies fundamentally behind the natural traits of environment that it evades all national and natural boundaries. As a transcending effect is established, the issue ceases to be a subject of municipal law translating the subject matter to one of international concern. The growing jurisprudence on International Environmental Law is a clear reflection of this trend. This paper deals with this one of the key areas of International Environmental Law - trans-boundary harm - and analyses the ambit and scope of the existing rules in the international arena dealing with the situation. The paper beings with a delineation of the historical context leading to the adoption of the International Law Commission's Draft Article and then goes on to extrapolate the significance and importance of the issues at hand while also appraising the Draft Articles with a critical insight.