Faure, Michael; Ying, Song --- "Introduction and Editorial Preface" [2008] ELECD 342; in Faure, Michael; Ying, Song (eds), "China and International Environmental Liability" (Edward Elgar Publishing, 2008)

Book Title: China and International Environmental Liability

Editor(s): Faure, Michael; Ying, Song

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207524

Section: Chapter 1

Section Title: Introduction and Editorial Preface

Author(s): Faure, Michael; Ying, Song

Number of pages: 8

Extract:

1. Introduction and editorial preface
Michael Faure and Song Ying

1 PROBLEM DEFINITION AND REASONS FOR
THIS BOOK

One of the unpleasant side-effects of globalization, economic development
and growth is that not only do benefits cross national borders, but also prob-
lems like environmental pollution. This phenomenon has been studied from
various disciplines and more particularly in international law. By the 1930s
cases between states determined the extent to which polluting states could
be held under international law to compensate for damage caused to the
victim state. Recent disputes (e.g. between Argentina and Uruguay) show
that although international environmental law has gone through a long
development, there are still many uncertainties that need to be clarified.
In addition, transboundary environmental legal disputes are not only
remedied through instruments of international law. Increasingly, victims in
national states also seek to apply their domestic legislation to transbound-
ary environmental pollution cases. This raises a number of interesting ques-
tions, inter alia with respect to the competent forum, but also with respect
to the applicable liability rule and the available remedies.
To date the literature on international law and private law has to a large
extent developed into separate doctrines, with international lawyers attempt-
ing to identify the scope of state responsibility under international law and
private lawyers attempting to explain to what extent victims could get com-
pensation for transboundary pollution using the techniques of private law.
However, it is becoming clear that these two domains are not totally sepa-
...