海洋环境损害责任的法律问题研究-国际法学专业论文.docxVIP

1 1 2 2 Abstract The environment has no border. The development and usage of marine resource and benefiting from that are also an international issue. Based on the natural quality and the development of the ocean, the protection of the marine environment is not only the responsibility of the littoral states. Like Japan pouring the nuclear polluted water into its territorial waters during the Fukushima incident, no matter considering from the sustainable development of marine environment or from the benefit of the littoral states, the frequent occurring marine environment damaging incident is a problem that the international community needs to face to and solve. The states are important participants for dealing with major international problems and the subjects of international legal liability. For this reason, the study of state legal liability in the area of marine environment damaging is an inevitable trend on international practice. This article begins with the relative conception of international legal liability, differentiating the concept of international legal liability, state responsibility and the international liability for injurious consequences, comparing the difference of the international liability for injurious consequences, the traditional state responsibility, and discussing the necessity and significance of introducing the international liability for injurious consequences into marine environment damaging area, the change of principle of culpability, the innovation of the liability remedy, and improvement of China in legislation and judicature. There are five chapters discussing these problems. PartⅠ: The overview of marine environment damaging liability. This chapter defines the international legal liability from the concept, features, form and the history of marine environment damaging, summarizes the occurring and development of the international liability for injurious consequences basing on the report of the International Law Commission and