Risk has always been an element of life. Yet modern technology continues to spread environmentally hazardous activity beyond State boundaries. These hazardous—yet socially useful—activities exist in a grey area between legality and wrongfulness.
The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection, within the realm of international law. The text explores questions such as the lawfulness of acts which negatively affect the environment, as well as who should be liable for transfrontier damages. From private to public interest, from individual to common concern, activities involving risk are a growing preoccupation of our societies.
Julio Barboza is a career ambassador who devoted 40 years to international law—18 of them at the International Law Commission. He was also a judge of the UN Administrative Tribunal and a professor at several Argentine universities who taught courses at the Hague Academy of International Law.
"It is a very nice volume for any library to have on its shelves and for any scholar, practitioner or policymaker interested in this topic, which one can finish reading over a weekend."
-Sienho Yee, Wuhan University Institute of International Law
Chapter I : Introduction.
Chapter II: Risk and Harm, Prevention and Liability
Chapter III: Responsibility and Liability in International Law
Chapter IV: Conventional Law
Chapter V: Other Aspects of International Practice
Chapter VI: The Development of the Subject at the International Law
Chapter VII: The Development in the International Law Commission: Consideration of the Topic since 1997
Chapter VIII: Conclusions
Annex I: Schematic Outline
Annex II: Text of the Draft Articles Provisionally Adopted by the Commission Before 1996
Annex III: Articles on Liability Proposed in the Tenth Report of the Special Raporteur, Mr. Julio Barboza
Annex IV: Draft Articles Proposed by the 1996 Working Group
Annex V: Prevention of Transboundary Harm from Hazardous Activities (2001 Articles)
Annex VI: Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising Out of Hazardous Activities
All those interested in environmental law and in the law of responsibility and liability—particularly junior professors and students of law interested in the concept of liability and in the work of the International Law Commission (ILC).