State Liability for Accidental Transnational Environmental Damage by Private Persons

Abstract

A striking feature of our times is that private individuals and corporations are engaging increasingly in activities that may result in significant accidental damage to the transnational environment. The international community has responded to this phenomenon by strengthening the transnational accountability of the private actors. Significant efforts have been made to obtain wide international acceptance of the principle of “equal right of access,” that is, the right of the actual or potential victim of transnational pollution to have recourse, for the purposes of both prevention and compensation, to the national authorities that exercise jurisdiction or control over the private actor concerned. A similar endeavor is discernible towards ensuring, at least in certain cases, that the private actor will maintain minimal financial resources for compensating victims of accidental transnational pollution damage.