RESPONSIBILITY OF TRANSNATIONAL ENVIRONMENTAL POLLUTION UNDER INTERNATIONAL ENVIRONMENTAL LAW

Abstract

The issue of transnational environmental pollution is a problem that poses a threat to the
existence of the world and its inhabitants. Concerted efforts have been made by the
international community and individual States to curtail the effect of transnational
environmental pollution. This note examines the liability of polluter States and the legal
challenges in establishing transnational responsibility for environmental pollution.
Accordingly, effort is made to identify the effects and the measures put in place under
international and national laws to checkmate transnational environmental pollution. It is
found that some international laws require international arbitration; the Pollutant State is
required to undertake due diligence to prevent significant or substantial transboundary
pollution harms and not strict liability; and that international laws creating State
responsibilities for transnational pollution are not incorporated in national laws. This note
brings the observation that the international community should have taken proactive steps
towards proper management of the environment. It further underlines the consequences when
companies and developed nations smuggle hazardous wastes to developing countries that
do not have the capabilities to deal with the waste in an environmentally friendly way.