Article | REF: G1036 V1

Environmental responsibility and international regulation

Author: Sandrine MALJEAN-DUBOIS

Publication date: September 10, 2020

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5. Conclusion

International environmental law has developed considerably in recent years. When states violate their international obligations and cause damage to the environment, they incur international liability and are obliged to repair the damage caused. In the event of a dispute on this subject, however, it is difficult to find a competent jurisdiction, due to the obstacle represented by the principle of consent to international jurisdiction. For this reason, non-contentious procedures have been developed within the framework of several international conventions, which are better adapted to the environmental field and, on the whole, operate very effectively.

In certain areas, States have also established civil liability regimes that transfer responsibility to operators. Finally, the national judge is the common law judge of compliance with international law. Although the...

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