Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities

E484080

The Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities are a set of non-binding international legal guidelines that address how to allocate responsibility and provide compensation when hazardous activities cause significant cross-border environmental damage.

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Statements (46)

Predicate Object
instanceOf non-binding international legal instrument
set of draft principles
soft law instrument
addresses access to information for affected persons
allocation of loss between operators and states
civil liability of operators of hazardous activities
compensation mechanisms for environmental damage
domestic remedies for victims of transboundary harm
environmental restoration and rehabilitation
insurance and financial security for hazardous activities
international cooperation in response to transboundary damage
residual state responsibility for transboundary harm
standing of victims to claim compensation
adoptedBy International Law Commission NERFINISHED
adoptionYear 2006
aimsTo encourage states to establish national legal frameworks for liability and compensation
enhance protection of the environment and affected communities
promote fairness and equity in allocation of loss
appliesTo hazardous activities
significant transboundary harm
transboundary environmental damage
basedOn polluter pays principle
principle of cooperation between states
principle of prevention of transboundary harm
characteristic complementary to Draft Articles on Prevention of Transboundary Harm from Hazardous Activities
intended as guidance for states in developing national legislation
reflects emerging trends in state practice and doctrine
field international environmental law
international liability law
transboundary harm
language English
legalStatus non-binding
partOf work of the International Law Commission on international liability for injurious consequences arising out of acts not prohibited by international law
purpose to ensure prompt and adequate compensation to victims of transboundary harm
to provide guidance on allocation of loss caused by transboundary harm from hazardous activities
to supplement rules on prevention of transboundary harm
relatedTo Draft Articles on Prevention of Transboundary Harm from Hazardous Activities NERFINISHED
principle of state responsibility for internationally wrongful acts
scope activities not prohibited by international law that involve a risk of significant transboundary harm
loss suffered by persons, property and the environment
subjectMatter allocation of loss in case of transboundary harm
compensation for environmental damage
liability of private operators and states
submittedTo United Nations General Assembly NERFINISHED
usedBy international courts and tribunals as interpretative guidance
states as a reference in drafting domestic liability and compensation regimes

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International Law Commission notableWork Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising out of Hazardous Activities