Applying state responsibility for transboundary harm through an evolutionary lens

Abstract

The Principle of State Responsibility and Liability For Transboundary Harm is a constantly evolving obligation on states. States can no longer exercise their sovereignty in such a way that it causes harm to another state's sovereign territory. As development of the original Principle of State Responsibility and Liability For Transboundary Harm occurs, a direct accountability is still placed on states to prevent causing transboundary harm to another state. This study aims to provide an historical overview of the Principle of State Responsibility and Liability For Transboundary Harm by examining the nature of the Principle of State Responsibility and Liability For Transboundary Harm and its application historically and presently in international law. In the context of environmental law, the sovereign use of biodiversity or natural resources can potentially have global impacts. For this reason, it is vital to determine what the nature of state responsibility is for transboundary harm and to determine whether the development of the Principle of State Responsibility and Liability For Transboundary Harm has kept up with modern-day environmental challenges. Based on the historical development and current application, this study concludes with trends and suggestions as to whether the Principle of State Responsibility and Liability For Transboundary Harm in its current form, is suitably adapted to resolve global environmental challenges. The purpose of this study was an attempt to add and effect change to the ever-growing discussion on why it is important to conserve our planet's biodiversity. It is essential for global society today to live with an environmental consciousness and understand that environmental challenges of the past, present and future were and are not confined to sovereign boundaries. As human beings, we have an important moral obligation to protect our environment which helps us live daily. Moreover, the world's population is rapidly increasingly daily. Thus, we need to ensure that we do not destroy our planet for future generations.