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Sharing Of Transboundary Resources - Papers Online

Sharing Of Transboundary Resources

A number of principles of international environmental law are particularly worth noting in this context: One established principle is that States are required to take adequate steps to control and regulate sources of serious global environmental pollution or transboundary harm within their territory or subject to their jurisdiction. This principle was first articulated in the Trail Smelter Arbitration of 1941 between Canada and the United States, where it was decided that Canada was responsible for damage from copper smelter fumes that transgressed the border into the USA. The principle was later confirmed during the United Nations Conference on the Human Environment, in Stockholm in 1972, ...

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a so-called “precautionary approach”.
The second principle is that States are required to cooperate with each other in mitigating transboundary environmental risks. This principle goes back to the Lac Lanoux Arbitration of 1954 between France and Spain where the Tribunal held that France had complied with its obligations under a treaty and customary law to consult and negotiate in good faith before diverting a watercourse shared with Spain.
Two further principles are important to note—namely the “polluter pays” principle and the principle of equal access and non-discrimination in the treatment of domestic and transboundary effects of polluting activities. They are part of the increasingly significant developments in environmental law. All these principles apply to the conduct of nuclear activities and are, in one form or another, reflected in nuclear safety-related conventions, such as the Joint Convention on the Safety of Spent Fuel Management and on the Safety of ...

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Sharing Of Transboundary Resources. (2011, May 11). Retrieved March 29, 2024, from http://www.essayworld.com/essays/Sharing-Of-Transboundary-Resources/99071
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"Sharing Of Transboundary Resources." Essayworld.com. May 11, 2011. Accessed March 29, 2024. http://www.essayworld.com/essays/Sharing-Of-Transboundary-Resources/99071.
"Sharing Of Transboundary Resources." Essayworld.com. May 11, 2011. Accessed March 29, 2024. http://www.essayworld.com/essays/Sharing-Of-Transboundary-Resources/99071.
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PAPER DETAILS
Added: 5/11/2011 02:04:41 PM
Submitted By: himanshudriks
Category: Environment
Type: Premium Paper
Words: 372
Pages: 2

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