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Some Private International Law Aspects of Transboundary Environmental Disputes

Some Private International Law Aspects of Transboundary Environmental Disputes 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Some Private International Law Aspects of Transboundary Environmental Disputes

Nordic Journal of International Law , Volume 59 (1): 128 – Jan 1, 1990

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Publisher
Brill
Copyright
© 1990 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/157181090X00279
Publisher site
See Article on Publisher Site

Abstract

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

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1990

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