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September 17, 20250 citations

Legal Perspectives on State Responsibility in Transboundary Environmental Pollution

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SRSenja RamadhikaRARaditya Pramana Adiguna

Key Points

  • Transboundary environmental pollution underscores significant challenges in international law and accountability.
  • Key principles like the no harm rule and due diligence obligations are central to state liability discussions.
  • Landmark cases like the Trail Smelter Arbitration highlight the limitations of existing legal frameworks in enforcement.
  • Stronger compliance measures and legal strategies are essential for effective governance and cooperation among states.

Abstract

Transboundary environmental pollution poses significant challenges in international law, particularly regarding state responsibility. This study examines the legal frameworks governing state liability for environmental damage that extends beyond national borders. The research explores key principles such as the "no harm" rule, due diligence obligations, and international liability mechanisms. Using a doctrinal legal research method, this paper analyzes landmark cases and international agreements, including the Trail Smelter Arbitration and the Paris Agreement. The findings highlight gaps in enforcement and the need for stronger compliance measures. This study contributes to the discourse on environmental governance by proposing legal strategies to enhance state accountability and cooperation in mitigating transboundary pollution.

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Cite This Study

Ramadhika et al. (2025) studied this question.

synapsesocial.com/papers/68d45e6231b076d99fa5ee41https://doi.org/10.70062/ljrj.v1i1.38
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