The Legal Foundation of Liability for Transboundary Pollution in Light of the Rules of International Environmental Law

Abstract

This article addresses the legal grounding of liability for transboundary pollution in light of international environmental law rules, considering it one of the most prominent forms of environmental damage whose effects transcend state borders. It aims to clarify the legal foundations of international liability through the principles of no-harm, prevention, precaution, and international cooperation, while highlighting the role of international jurisprudence in developing these rules. The study concludes that the effectiveness of liability for transboundary pollution faces challenges—most notably the difficulty of identifying the source of damage and proving a causal link—necessitating the strengthening of international cooperation and the development of legal mechanisms to prevent and remedy such harm.