LEGAL LIABILITY OF MULTINATIONAL COMPANIES FOR TRANSBOUNDARY POLLUTION
LEGAL LIABILITY OF MULTINATIONAL COMPANIES FOR TRANSBOUNDARY POLLUTION

Summary/Abstract: The evolution of international environmental law has led to the adoption of a significant number of treaties that establish obligations to prevent and control transboundary pollution. Among the most relevant are the 1991 Espoo Convention, which establishes the obligation of states to carry out environmental impact assessments for projects likely to have transboundary effects, while guaranteeing the participation of the public from other states, the 1998 Aarhus Convention, which establishes the public's right to information, participation in decision-making and access to justice in environmental matters, the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses, which obliges states to prevent and reduce water pollution, and the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. In the same spirit, the United Nations International Law Commission developed in 2001 the Draft Articles on the Prevention of Transboundary Damage Resulting from Hazardous Activities, a document that reflects a clear trend towards codifying liability for hazardous activities.

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