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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

Determination of Responsibility

Chapter:
(p.171) 6 Determination of Responsibility
Source:
State Responsibility for Transboundary Air Pollution in International Law
Author(s):

Phoebe N. Okowa

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260974.003.0007

This chapter examines the principles of state responsibility and their relevance to air pollution obligations. It also looks at the many problems involved in the application of causal principles, determination of what constitutes damage, and the apportionment of responsibility between contributing states. It argues that, since the regime of state responsibility evolved and developed in a discretely bilateral context, its application to problems of transboundary air pollution, which by their very nature are multilateral in character, remains fraught with difficulties. Given the paucity of international jurisprudence on these issues, a number of possible solutions will be suggested de lege ferenda.

Keywords:   transboundary air pollution, damage, air pollution obligations, state responsibility

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