Advances in Economics, Management and Political Sciences
- The Open Access Proceedings Series for Conferences
Proceedings of the 2nd International Conference on Business and Policy Studies
Series Vol. 17 , 13 September 2023
Open
Access | Article
Analysis of “Green Liability” on Environmental Damage--State Responsibility in International Investment Law
* Author to whom correspondence should be addressed.
Abstract
Long before the birth of international environmental law, disputes over transboundary environmental damage have long existed in global trade and investment. Since the promulgation of the Rio Declaration on Environment and Development, with the arrival of the Period of Liberalization in international investment, the environmental issues involved in cross-border investment have skyrocketed, and international judicial bodies such as the International Court of Justice and the International Tribunal for the Law of the Sea have adjudicated a number of disputes over transboundary environmental damage. These “post-Rio” transboundary environmental damage disputes are characterized by complex afflictions, wide scope and serious damage. At this stage of adjudication, international judicial institutions have not developed relatively stable standards, principles and systems for ex post facto remedies for transboundary environmental damage. From the perspective of state responsibility, this paper analyzes the issue of transboundary environmental damage theoretically and practically, and explores the attribution, standards, and requirements of responsibility for cross-border environmental damage arising from international investment and the formation of the ex post facto remedy system, in order to provide reference for the establishment of a more sound and refined remedy mechanism of transboundary environmental damage in future international investment practice.
Keywords
international investment law, state responsibility, environmental damage, ARSIWA, dispute settlement
References
1. Alfredo Carpineti, One-Fifth of Global Carbon Emissions Come from Multinational Companies’ Supply Chains, September 8, 2020. https://www.Iflscience.com/environment/onefifth-of-global-carbon-emissions-come-from-multinational-companies-supply-chains/.
2. JR Crawford, State Responsibility: The General Part, Cambridge University Press, 2013, pp.49.
3. Article of Responsibility of States for Internationally Wrongful Acts, Chapter 2, International Law Commission, Article 20, Article 23.1, Article 24, Article 25, Article 30, 31, 35, 37, 2001.
4. See United Nations Convention on the Law of the Sea, Article 194, Measures to Prevent, Reduce and Control Pollution of the Marine Environment, 1982.
5. International Liability for Injurious Consequences Arising Out of Acts not Prohibited by International Law (international liability in case of loss from transboundary harm arising out of hazardous activities), International Law Commission Annual Report, Report on the work of the fifty-third session (2001), Chapter 5, 2001.
6. Brussels Convention on the Liability of Operators of Nuclear Powered Ships, Article 3, 1962.
7. Draft principles on the Allocation of loss in the case of transboundary harm arising out of hazardous activities, with commentaries, ILC, Principle 4, Principle 5, 2006.
8. Draft Articles on Prevention of Transboundary Harm from Hazardous Activities, ILC, Article 16, Article 17, 2001.
9. Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)- Question of Compensation, Summary of Judgement of 2 Feb 2018, Summary, 2018.
10. Convention on International Liability for Damage Caused by Space Objects, UN General Assembly, Article 2, Article 4, 1971.
11. Convention on the Transboundary Effects of Industrial Accidents, UNECE, 1992.
12. Advisory opinion of the Seabed Disputes Chamber on the responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area: report of the Secretary-Genera1, ITLOS Reports, February, 2011.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).
- Volume Title
- Proceedings of the 2nd International Conference on Business and Policy Studies
- ISBN (Print)
- 978-1-915371-77-5
- ISBN (Online)
- 978-1-915371-78-2
- Published Date
- 13 September 2023
- Series
- Advances in Economics, Management and Political Sciences
- ISSN (Print)
- 2754-1169
- ISSN (Online)
- 2754-1177
- DOI
- 10.54254/2754-1169/17/20231069
- Copyright
- 13 September 2023
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited