The Transboundary movement of harmful wastes and the transformation of traditional state responsibility

Xiaodong Tou

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Abstract

The protection of the environment and the prevention of the transboundary damage caused by pollution have become the common interest and responsibility of the international community. In order to effectively prevent the transboundary movement of harmful wastes and make up for the limitations of traditional theories, it is essential to redefine traditional State responsibilities to adapt to the trends of environmental protection and the development of international laws. By using the "Principle of Relative Sovereignty" as a base, this can be achieved by introducing strict liability, complementing State liability, establishing the undertakers of State responsibilities and undertaking collateral obligations. In recent years, in order to escape the high costs involved in the disposal of harmful wastes some developed countries adopted the method of transboundary movement of waste to ease their financial burden. It is predicted that the smuggling of harmful wastes will become a continuous developing industry. Consequently, resolving the issue of the transboundary movement of harmful wastes has become a matter of international importance.
Original languageEnglish
Pages (from-to)97-110
Number of pages14
JournalMacquarie Journal of International and Comparative Environmental Law
Volume5
Issue number1
Publication statusPublished - 2008

Bibliographical note

Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.

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