Chapter

Determination of Responsibility

Phoebe N. Okowa

in State Responsibility for Transboundary Air Pollution in International Law

Published in print November 2000 | ISBN: 9780198260974
Published online March 2012 | e-ISBN: 9780191682186 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260974.003.0007

Series: Oxford Monographs in International Law

Determination of Responsibility

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This chapter examines the principles of state responsibility and their relevance to air pollution obligations. It also looks at the many problems involved in the application of causal principles, determination of what constitutes damage, and the apportionment of responsibility between contributing states. It argues that, since the regime of state responsibility evolved and developed in a discretely bilateral context, its application to problems of transboundary air pollution, which by their very nature are multilateral in character, remains fraught with difficulties. Given the paucity of international jurisprudence on these issues, a number of possible solutions will be suggested de lege ferenda.

Keywords: transboundary air pollution; damage; air pollution obligations; state responsibility

Chapter.  16209 words. 

Subjects: Public International Law

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