Transboundary Environmental Harm: Legal Remedies and State Responsibility
Pragyan ojha
, Samarth Sarin
Global environmental governance is increasingly challenged by transboundary environmental harm—damage originating in one state that adversely affects the environment, resources, or populations of another. Such harm includes pollution, habitat destruction, and resource depletion that cross national borders, often without immediate recourse for affected states. This paper examines the legal principles and remedies available under international law to address these challenges. Central to this analysis is the “no harm” principle, which obligates states to prevent activities within their jurisdiction from causing environmental damage to other states or to areas beyond national jurisdiction. The study explores the roles of international treaties, customary international law, and judicial and arbitral bodies, particularly the International Court of Justice (ICJ) and Permanent Court of Arbitration, in developing and enforcing these norms. It assesses recent case law and treaty practices to evaluate the effectiveness of current legal frameworks in holding states accountable and ensuring environmental protection. Additionally, the paper discusses how international environmental law increasingly limits absolute state sovereignty, particularly regarding shared natural resources and migratory species, which require collective responsibility and multilateral cooperation. The paper further highlights the role of non-state actors—such as NGOs, corporations, and indigenous communities—in influencing environmental governance and accountability. It also considers the integration of scientific advancements, like environmental impact assessments and modeling technologies, into legal processes. Finally, the study recommends reforms and policy innovations to strengthen enforcement mechanisms, improve cooperation, and enhance global accountability in the face of complex transboundary environmental challenges.
"Transboundary Environmental Harm: Legal Remedies and State Responsibility", TIJER - TIJER - INTERNATIONAL RESEARCH JOURNAL (www.TIJER.org), ISSN:2349-9249, Vol.12, Issue 4, page no.a791-a798, April-2025, Available :https://tijer.org/TIJER/papers/TIJER2504116.pdf
Volume 12
Issue 4,
April-2025
Pages : a791-a798
Paper Reg. ID: TIJER_157554
Published Paper Id: TIJER2504116
Downloads: 000464
Research Area: Other area not in list
Country: Lucknow, Uttar Pradesh, India
ISSN: 2349-9249 | IMPACT FACTOR: 8.57 Calculated By Google Scholar | ESTD YEAR: 2014
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.57 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publisher: TIJER (IJ Publication) Janvi Wave
