Survillo, Y.V. International legal responsibility of states for the harm caused to the environment by dangerous activities

Abstract: It is noted in the article that regularly the right to implement especially dangerous types of activity is usually provided by the state to the state enterprises or private persons under control of the states. The author analyzes the problem of responsibility of states for the fulfillment of guarantees regarding absence of harm to the environment of other states and regions outside the national jurisdiction due to the risky activities within their jurisdiction. The author singles out two main principles (regimes), on which international responsibility may be based: responsibility based upon the proven guilt of a person, and objective responsibility. The author discusses various points of view on which regime should apply when the harm to environment is caused by private companies acting under the state control. It is noted in the article that opinions of the scholars on preferable regimes of responsibility under the international law and their application are divided. The author supports the position that the general standard of international responsibility for the unlawful act in the presence of proven guilt of the person should be amended by inclusion of the special regime of responsibility in this sphere under which strict responsibility for the harm may be applied.

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