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128 Some Private International Law Aspects of Transboundary Environmental Disputes By Said Mahmoudi I. Introduction "Transboundary environmental disputes" is prima facie a broad and vague expression with several implications. The reason is primarily the meaning which may be at- tributed to the term "environment". The term is usually given a rather broad content "embracing a number of the social as well as natural contexts of man's activities like human settlements, health care, housing, education and job." However, in order to simplify the discussion of the main problem, i.e., the role of the private inter- national law in the settlement of the transboundary environmental disputes, a nar- rower definition has been adopted in this study to refer only to the natural envi- ronment. The most common cause of environmental conflicts is the pollution of the air or water and its ensuing effects on human beings and their properties. In trans- boundary environmental disputes, the place of act which causes the damages and the place of its injurious impact is separated by a boundary line. The existence of the boundary line turns such disputes into international cases, subject either to the principles of public international law or the rules of
Nordic Journal of International Law – Brill
Published: Jan 1, 1990
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