Πρόληψη της διασυνοριακής βλάβης από επικίνδυνες δραστηριότητες (Master thesis)
Κουτουλογένη, Σοφία
This thesis examines the prevention of transboundary harm from dangerous acts and the contribution of the International Law Commission to its formation.
In order to conclude with the examination of the contribution of the Committee on International Law to the prevention of transboundary harm caused by dangerous acts, we should first refer to both the basic principles of Environmental Law, which govern the policy of preventing transboundary harm, and the obligations of states arising from them.
At the beginning of the study, therefore, the parameters that led to the formation of Environmental Law, as well as the need for its development, and its relationship with Energy Law are examined in a superficial manner. In the context of examining the relationship between these two branches of law, one of the most basic principles of modern international law, which has been incorporated into energy law, will be developed, that of the permanent sovereignty of states over their resources.
With a view to a more adequate analysis of this topic, the second chapter will follow the development of the definition of cross-border harm. It will also analyse the criteria that must be met in order for a transboundary damage to be liable under international law. Next, it was considered important to analyse the principle of non-harm, as a rule of common law concerning environmental protection, but also the duty of due diligence, which is an integral part of the precautionary principle.
The individual obligations of States arising from the precautionary principle, i.e. the obligation on States to prevent significant transboundary harm caused by activities carried out on their territory, are analysed below. These are procedural obligations that States must fulfil, namely the Environmental Impact Assessment, the obligation to inform and the obligation to consult and negotiate.
The nature, content and purpose of the above procedural obligations of States will be examined through decisions of arbitral institutions, international courts and international texts.
Finally, having analysed all the above, will be analysed the work of the International Law Commission in its Draft Articles on the prevention of transboundary harm from hazardous, non-illegal, activities, and the role it played in shaping the individual obligations of states.
Alternative title / Subtitle: | η συμβολή της Επιτροπής Διεθνούς Δικαίου |
Institution and School/Department of submitter: | Δημοκρίτειο Πανεπιστήμιο Θράκης. Νομική Σχολή |
Subject classification: | Transboundary pollution |
Keywords: | Διασυνοριακή βλάβη,Διασυνοριακή ρύπανση,Προστασία,Περιβάλλον,Πρόληψη,Transboundary harm,Transboundary pollution,Protection,Environment,Prevention |
URI: | https://repo.lib.duth.gr/jspui/handle/123456789/18276 http://dx.doi.org/10.26257/heal.duth.17002 |
Appears in Collections: | Π.Μ.Σ. ΔΙΕΘΝΕΣ ΚΑΙ ΕΥΡΩΠΑΪΚΟ ΔΙΚΑΙΟ ΤΗΣ ΕΝΕΡΓΕΙΑΣ |
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KoutoulogeniS_2024.pdf | Μεταπτυχιακή εργασία | 611.46 kB | Adobe PDF | View/Open |
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https://repo.lib.duth.gr/jspui/handle/123456789/18276
http://dx.doi.org/10.26257/heal.duth.17002
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