Author: Maraimov, Kamronbek Abduvaxob o‘g‘li; Xujabekov, Umidjon Uchkun o‘g‘li
Annotation: Global environmental governance is increasingly tested by transboundary environmental harm, that is, damage originating within one state’s territory but negatively affecting the environment, resources, or population of another state. Such harm includes pollution, habitat destruction, and resource depletion. These impacts cross national borders and often prevent affected states from taking immediate legal measures. This article analyzes the existing legal principles and mechanisms within international law to address such challenges. At the core of the analysis lies the “no-harm” principle, which obliges states to ensure that activities within their jurisdiction do not cause damage to other states or to areas beyond national jurisdiction. The study examines international treaties, customary international law, and the role of judicial and arbitral bodies — particularly the International Court of Justice (ICJ) and the Permanent Court of Arbitration (PCA) — in developing and implementing these norms. Recent case law and treaty practice are reviewed to assess the effectiveness of current legal mechanisms in holding states accountable and ensuring environmental protection. The article also discusses how international environmental law increasingly limits state sovereignty, especially in relation to shared natural resources and migratory species, requiring collective responsibility and multilateral cooperation. Furthermore, it considers the integration of scientific advances — such as environmental impact assessments and modeling technologies — into legal processes. In conclusion, the study recommends reforms and policy innovations to strengthen enforcement mechanisms, enhance cooperation, and increase global accountability in the face of complex transboundary environmental challenges.
Keywords: transboundary harm, environmental law, state responsibility, international legal remedies, environmental governance.
Pages in journal: 39 - 50
