Abstract:
All right, to be biologically viable, is fully guaranteed by the sanction. The
corollary of this sanction is in the accountability of an act enacted and therefore the
idea of responsabilité.Les solutions sought to solve the problems caused by pollution
that can produce cross effects already lead to a certain globalization of international
law of the environment. They tend to planetary dimensions: large part of measures
occurred globally, of environmental problems for which the only possible solutions
are universal: the case of stratospheric ozone depletion, changes in global climate,
marine pollution and the disappearance of rare species.
The global dimension of these problems is obvious. It entails the involvement of
the international responsibility of the community and necessarily calls for a global
response to an international partnership.
international law requires sanctions for violations of law or risk. However,
because the fundamental principle of sovereignty of states, the international legal
order is unusual not to compel his subjects as if they have expressly agreed.
Also, The International Liability for injurious consequences arising out of acts not
prohibited by international law is well known that ecological damage is treated in
several agreements, projects and international opinion, as the Convention on Civil
Liability for Damage resulting from activities dangerous to the environment in Article 2
(para. 7. d), and confirmed by the Convention on the Transboundary Effects of
Industrial Accidents in Article 1 (point c) and the Convention on the Protection and
Use of Transboundary Watercourses and International Lakes in Article 1 (for. 2),
instruments which must be added to Directive 85/337 Council of the European
Communities of 27 June 1985 on the assessment of the effects of certain public and
private projects on the Environment4, the Convention on the regulation of activities
relating to Antarctic mineral resources in Article 8 (para. 2. a, b and d), the
Convention on Civil Liability for Damage caused during Carriage of dangerous goods
by road, rail and inland waterway vessels in Article 9 (s. c and d) and a draft protocol
(to the Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal) on liability and compensation for damage resulting from
transboundary movements and disposal of hazardous waste (Art. 2. a, iii to v)
prepared by a working group appointed by the Conference of the Parties to this
Convention.
On the other hand, the notion of responsibility for "social risk" assumes that
"social activities" may include legal risks of damage and thus lead to a breach of