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The International Liability For Environmental Damage

Author: 
Dumitrita Florea, Narcisa Galeş and Ciprian Ungureanu
Subject Area: 
Life Sciences
Abstract: 

The international law represents a radiation of the states of the international society, states that are situated in a permanent interdependence, just because of the relationships which are created between them. The existence of a distinct branch of law- the environmental law-is also imposed by the relatively unitary nature of the social action regarding the protection of the natural factors or those created through human activities of the environment. Given the characteristics of the object which is subject to the regulation being represented by the relationships between man, by the society and his environment respectively, the environmental law has a ”horizontal” nature, within the meaning that it covers different classical legal branches: the private, public and international law represents a law of interactions, tending to enter all the sectors of the legal system in order to introduce eco-friendly dimension. The legal approach and the solving of the environmental protection was made up not so long ago in the traditional forms of the international regulations. Usually, the path to regulating was and still remains the state ”of conflict” between states in the form of the state’s right to use exclusively its territory and to authorise the activities which could cause damage to the environment of other states, especially those neighbouring, in the accordance with the law of each state to respect its territory and the environment, being protected from any external damage. Cetainly, more than in any other area, regarding the environment there is a viable principle, according to which ” to prevent is more effective than to repair”. There were recorded notable advancements, in this regard, especially at the level of the customary principles, in the form of the prenotification of the state exposed to possible damages of its environmental, the consultation, the application of the national, international and communitary legislation without discrimination in all the activities, which might be detrimental, irrespective of the place where the consequences are produced, the equal access of the residents and nonresidets to the procedures for such activities, the quick notification of the foreign state of any sudden event, which can affect the basic environment.

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