Solutions to the Problem of Legislative Jurisdiction in Transboundary Environmental Damage Claims

Abstract

Transboundary environmental damage constitutes one of the most challenging and complex types of liability, particularly in the field of conflict of laws, due to the interconnection of responsible parties and the distribution of its effects across multiple states. This complexity is further compounded by the divergence in the positions of applicable domestic legislations and the differing locations where the harmful act occurred or where the damage was realized.

The rules of private international law concerning the determination of the applicable law to environmental damages have witnessed significant development. This evolution is reflected in the shift from reliance on judicial precedents and general principles prior to the enactment of the Rome II Regulation, towards the establishment of a more precise, specialized, and stable legal framework under this Regulation.