State responsibility and liability for environmental harm and climate change impacts

Abstract

The research examines topic of state responsibility and liability with regards to environmental harm and climate change impacts by answering imposed question of “What challenges arise with regards to state responsibility and liability frameworks concerning environmental harm and climate change in the context of air pollution?” with an aim to establish understanding of issues that hinder state accountability for environmental harm and climate change. Analysis acknowledges the complexity of what environment entails and challenges that consequently arise in relation to state responsibility and liability. Thus, examining them in both theory and practice. Hence, the state responsibility is examined in light of Articles on Responsibility for States International Wrongful Acts (ARSIWA) and liability frameworks including International Liability for Injurious Consequences of Acts Not Prohibited by International Law on the basis of obligations under international environmental law (IEL) that tackles air pollution and climate mitigation. In conclusion, research highlights four main challenges. Noting issues that entails importance of terminology determination, obligation formulation as well as jurisdiction, evidence, causal link establishment and compensation evaluation among others. Lastly, noting further research possibilities.