Análise das medidas internacionais em matéria de impactos transfronteiriços e a responsabilidade ambiental

Abstract

The objective of the present study is to analyze the transboundary environmental impacts and the question of the international responsibility of the State, based on the codification attempts resulting from the proposals of resolution adopted by the International Law Commission, United Nations, could contribute to promoting greater environmental protection. It was also sought to carry out a legal and historical contextualization so that one can understand how responsibility for cross-border damages, based on prevention and precaution, also incorporates the necessary consideration to the assumptions of responsibility for non-illicit acts. The deductive methodology makes it possible to carry out a study of the proposals already discussed in the framework of the Commission, establishing measures for the application of responsibility. It concludes that, in spite of the efforts made so far, it has not been possible to establish an international act that will, in an effective way, impute to States responsibility for non-illicit acts, coming closer to the national legislation currently adopted by States.