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Private Remedies for Transfrontier Environmental Damage: a Critique of OECD's Doctrine of Equal Right of Access

Private Remedies for Transfrontier Environmental Damage: a Critique of OECD's Doctrine of Equal... Private Remedies for Transfrontier Environmental Damage: a Critique of OECD's Doctrine of Equal Right of Access E. Willheim Senior Assistant Secretary, Attomey-General' s Department* Suppose a factory in country A discharges its industrial waste into a river which flows through country B. X, a downstream farmer in country B, uses the contaminated riverwater for irrigation, and his crops are damaged. or Suppose the same factory in country A discharges chemicals into the atmosphere and those chemicals are borne into country B, causing damage to the crops of farmer X in country B. Farmer X wishes to sue the factory owner to obtain compensation for the damage to his crops. Should X sue in country A or in country B? Here we have two c1assic examples of what is now commonly referred to as 'transfrontier pollution damage'. An activity in one country has caused environmental damage in a neighbouring country. The victim of that damage wishes to obtain compensation by bringing an ordinary civil action for damages. The question is whether he should sue in the courts of the State in which the activity causing the damage took place (country A, in the above example) or in the courts of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Private Remedies for Transfrontier Environmental Damage: a Critique of OECD's Doctrine of Equal Right of Access

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-007-01-900000012
Publisher site
See Article on Publisher Site

Abstract

Private Remedies for Transfrontier Environmental Damage: a Critique of OECD's Doctrine of Equal Right of Access E. Willheim Senior Assistant Secretary, Attomey-General' s Department* Suppose a factory in country A discharges its industrial waste into a river which flows through country B. X, a downstream farmer in country B, uses the contaminated riverwater for irrigation, and his crops are damaged. or Suppose the same factory in country A discharges chemicals into the atmosphere and those chemicals are borne into country B, causing damage to the crops of farmer X in country B. Farmer X wishes to sue the factory owner to obtain compensation for the damage to his crops. Should X sue in country A or in country B? Here we have two c1assic examples of what is now commonly referred to as 'transfrontier pollution damage'. An activity in one country has caused environmental damage in a neighbouring country. The victim of that damage wishes to obtain compensation by bringing an ordinary civil action for damages. The question is whether he should sue in the courts of the State in which the activity causing the damage took place (country A, in the above example) or in the courts of

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 1981

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