Toward a General Legal Framework of an International Objective Environmental Liability

Abstract:

Given that at international level the mechanism of international liability was considered as a possible  way of avoiding the environmental damages and considering also the important number of accidents having a major impact on the environment, the codification of the rules governing the international liability is a subject which has interested the majority of the jurists and of the international professionals. States are still reluctant to accept and apply international rules that would enforce liability for activities whose harmful environmental consequences are likely to be limited to their own territory. Therefore, the civil liability imposed on operators is preferred to the objective liability of States. Although there are different activities which present a significant risk for the environment, the economic interests play a major political role.