Chapter

Judicial Remedies for Transboundary Air Pollution

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/9780198260974.003.0008

Series: Oxford Monographs in International Law

Judicial Remedies for Transboundary Air Pollution

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This chapter examines the judicial remedies that an international tribunal may award in the face of breaches of transboundary air pollution obligations as well as the conditions for their availability. It considers the potential role of punitive or aggravated damages as mechanisms for reinforcing the importance that the international community attaches to the protection of the environment from atmospheric pollution. The relevance of the rules relating to standing, exhaustion of local remedies, and extinction of claims as a result of prolonged delay will also be considered. In each case, an attempt is made to emphasize the multiple party character of possible claims arising out of breaches of air pollution obligations. This fact may in some cases call for modification of the rules relating to standing and exhaustion of local remedies in their application to claims arising out of air pollution related damage. The role of municipal law remedies as a method of responding to breaches of international air pollution obligations will also be discussed.

Keywords: transboundary air pollution; international tribunal; aggravated damages; punitive damages; municipal law remedies

Chapter.  14149 words. 

Subjects: Public International Law

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