مسؤولية الدولة المصدر عن التلوث العابر لحدودها

Abstract EN

The basis of international responsibility for the activity that violates the rules of environmental protection is that the state to which the activity is attributed bears legal responsibility for any damage caused to the environment of another state.

the traditional international responsibility is based on error.

responsibility does not arise only on the basis of its violation of an international obligation, but must be accompanied by this violation and the occurrence of a mistake, in addition to its establishment on the basis of illegal action, as well as on another basis, which is the abuse of the right, as well as the principle of good neighborliness.

technological progress and the development of transportation methods have contributed to making the world more like a small village, facilitating people's friction, as the physical borders between countries do not constitute an obstacle to communication between the peoples of the world, and hence the idea of harm that can be transmitted through infection from the source country.

to other countries.

the source country shall ensure when it takes preventive measures aimed at preventing transboundary harm when transferring such damage from one country to another.

principle 13 of the general principles stipulates the assessment and control of marine pollution, which was endorsed by the united nations conference on the human environment when it stipulated that (measures to be taken to prevent marine pollution and its control, especially the direct prohibition measures and the limits of emissions concerned from simply transferring damage or danger from one part of the environment to another part of it.