ABSTRACT

The law of international responsibility and liability for environmental harm is a complicated mix of customary law, sparse precedents from arbitral or judicial panels, liability provisions in international agreements, and domestic law. There is wide agreement on a few long-standing principles, but these have not yielded clear rules for resolving specifi c confl icts over transboundary environmental harm. This chapter will explore the evolution of law in this area, including recent developments and future challenges. Examining fi rst the history of these developments, this chapter explores contemporary developments including the International Law Commission’s work, the European Union’s directive and various civil liability regimes.