Environmental crimes in a transnational context. Topical issues of international environmental disputes as a risk of threat to the world legal order - страница 8



4. The principle of doing no harm to the environment beyond the limits of national jurisdiction designates certain boundaries, but the exercise by the state of sovereignty over natural resources. It entails a requirement for states to ensure that activities carried out under their jurisdiction or control do not cause damage to the ambient environment of other States or areas. At the same time, even the existence of an armed conflict does not exempt the parties from fulfilling this requirement. If this institution were developed, and there was a sensitive scale for assessing damage to the ambient environment, then this would ensure the implementation of an appropriate environmental policy of each state.

5. The principle of protecting the ambient environment during military conflicts follows directly from the abovementioned. It is most fully formulated in the Convention on the Prohibition of Military or any other Hostile Use of Environmental Modification Techniques of 1976.

6. The principle of environmental impact assessment. In recent years, the number of universally recognized principles of international environmental law of a preventive nature has increased, i.e. not related to compensation for harm already inflicted, but aimed at some kind of preventive measures. This principle was laid down in the Convention on Environmental Impact Assessment in a Transboundary Context of 1991, the United Nations Convention on the Law of the Sea of 10 December 1982 (Article 206), as well as in numerous regional treaties – the Regional Convention for the Conservation of the Red Sea Region and the Gulf of Aden Environment of 1982, Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region of 1983 and so on.

7. The principle of liability for damage to environmental systems of other states or international spaces.

The subject of international environmental law.

The formation of the branch of international law – the international environmental law was generated on the basis of the principle “Use your own so as not to harm another”. Issues of protection and use of the ambient environment are regulated by national legislation as long as they do not go beyond the territorial boundaries of the state. International environmental law has an independent subject of legal regulation – international environmental relations, which can be divided into three groups:

– Relationships to prevent and limit harmful effects on the state of the ambient environment, which can only be resolved by the efforts of the entire international community (pollution of the World Ocean, air basin, environmental pollution during military conflicts and so on).

– Ensuring the rational use of international natural resources.

– Protection of unique natural objects by their conservation from human economic impact (environmental immunities).

Subjects of international environmental law.

The subjects of international environmental law include: states, international organizations, international non-governmental organizations.

States are the main subject of law. Several classifications of states-subjects of international environmental law have been specified in the scientific literature:

1) States, that are the most environmentally vulnerable and states, that are most environmentally friendly;