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State Responsibility for Transboundary Air Pollution in International Law$
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Phoebe Okowa

Print publication date: 2000

Print ISBN-13: 9780198260974

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260974.001.0001

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General International Law and Transboundary Air Pollution: Norms, Concepts, and Principles

General International Law and Transboundary Air Pollution: Norms, Concepts, and Principles

Chapter:
(p.60) 3 General International Law and Transboundary Air Pollution: Norms, Concepts, and Principles
Source:
State Responsibility for Transboundary Air Pollution in International Law
Author(s):

Phoebe N. Okowa

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260974.003.0004

This chapter considers the customary international law principles that are relevant to transboundary air pollution. It suggests that, despite the rudimentary character of the customary law regime, it retains undoubted significance in view of the limited scope of the treaty instruments. Not all states presently affected by transboundary air pollution are party to the treaty regimes, and in the case of civil uses of nuclear energy there are no generally accepted treaty standards. As a result, the responsibility of states for radioactive contamination largely depends on the normative content of customary law. A case for the progressive development of the law is also made and a critique of the emergent norms and principles is undertaken.

Keywords:   transboundary air pollution, international law, treaty regimes, radioactive contamination, customary law

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