Prevention of transboundary harm from hazardous activities

(a) to ensure prompt and adequate compensation to victims of transboundary damage and

62 68. Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm

61 36. Allocation of loss in the case of transboundary harm arising out of hazardous activities

Principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities

Recalling the draft articles on the Prevention of Transboundary Harm from Hazardous Activities,

(b) The draft principles on Allocation of loss in the case of transboundary harm arising out of hazardous activities

(b) The draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities

The present draft principles apply to transboundary damage caused by hazardous activities not prohibited by international law.

Noting that the questions of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm are of major importance in the relations of States,

Noting that the questions of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm are of major importance in the relations of States,

(e) transboundary damage means damage caused to persons, property or the environment in the territory or in other places under the jurisdiction or control of a State other than the State of origin

Support was expressed for the present draft principle, noting that it was an essential means of minimizing transboundary damage.

3. Decides to include in the provisional agenda of its sixty second session an item entitled Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm .

6. Decides to include in the provisional agenda of its sixty fifth session the item entitled Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm .

(b) The draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities Ibid., para. 175.

(g) operator means any person in command or control of the activity at the time the incident causing transboundary damage occurs.

It was observed that the balanced provisions of the draft principles would contribute significantly to the resolution of issues relating to compensation for transboundary damage.

It lumped together as possible victims natural and legal persons, including States, and coupled damage to the environment with other kinds of transboundary damage.

(c) Transboundary harm means harm caused in the territory of or in other places under the jurisdiction or control of a State other than the State of origin, whether or not the States concerned share a common border

In that context, Iraq argued that damage resulting from the invasion and occupation of Kuwait was not compensable unless it reached the threshold that is generally required in international law for compensation in cases of state responsibility for transboundary environmental damage.

(d) the States affected or likely to be affected by the transboundary damage shall take all feasible measures to mitigate and if possible to eliminate the effects of such damage

1. Welcomes the conclusion of the work of the International Law Commission on prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm and its adoption of the respective draft articles and draft principles and commentaries on the subjects

Taking into account the views and comments expressed in the Sixth Committee at the sixty second session of the General Assembly on the prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm,

2. Takes note of the principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities, presented by the Commission, the text of which is annexed to the present resolution, and commends them to the attention of Governments

(a) the State of origin shall promptly notify all States affected or likely to be affected of the incident and the possible effects of the transboundary damage

(iv) Article 3 of the draft articles on prevention of transboundary harm from hazardous activities, 2001, adopted by the International Law Commission at its fifty third session, Prevention

Aware that incidents involving hazardous activities may occur despite compliance by the relevant State with its obligations concerning prevention of transboundary harm from hazardous activities,

International liability for injurious consequences arising out of acts not prohibited by international law (International liability in case of loss from transboundary hazardous activities)

Recalling its resolution 61 36 of 4 December 2006, the annex to which contains the text of the principles on allocation of loss in the case of transboundary harm arising out of hazardous activities,

Transhipment

Europe s Brush with Debt

Transnational terrorism

C. Control on transition

1. Each State should take all necessary measures to ensure that prompt and adequate compensation is available for victims of transboundary damage caused by hazardous activities located within its territory or otherwise under its jurisdiction or control.

Special attention should be paid to the improvement of transit arrangements for the landlocked and transit developing countries

Special attention should be paid to the improvement of transit arrangements for the landlocked and transit developing countries.

8170 Requirement relative to transit

(c) the State of origin, as appropriate, should also consult with and seek the cooperation of all States affected or likely to be affected to mitigate the effects of transboundary damage and if possible eliminate them

Accordingly, support was expressed for either the title International liability in case of loss from transboundary harm arising out of hazardous activities or Principles on the allocation of loss in case of transboundary harm arising out of hazardous activities .

55 181. Transit environment in the landlocked States in Central Asia and their transit developing neighbours

2. Victims of transboundary damage should have access to remedies in the State of origin that are no less prompt, adequate and effective than those available to victims that suffer damage, from the same incident, within the territory of that State.

As a minimum, it was suggested that the obligation of States to take necessary measures to ensure that prompt and adequate compensation was available to victims as contained in the present draft principles should be incorporated, as an obligation, in the draft articles on prevention of transboundary harm from hazardous activities.

Recognizing also that cooperation between transit countries and landlocked developing countries results in better transit transport systems,

In the area of transit, the Expert Meeting on Design and Implementation of Transit Transport Arrangements had come forward with valuable practical suggestions for the improvement of transit arrangements.