Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill
Latterly, the Arctic has transformed from a peripheral region to an area in the focus of the world, especially in terms of oil drilling. Nonetheless, no international legal instrument has addressed the matter of accountability for transnational oil pollution damage. Consequently, this thesis aspires...
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Helsingfors universitet
2015
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ftunivhelsihelda:oai:helda.helsinki.fi:10138/157503 2023-08-20T04:04:11+02:00 Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill Penttilä, Outi Helsingin yliopisto, Oikeustieteellinen tiedekunta University of Helsinki, Faculty of Law Helsingfors universitet, Juridiska fakulteten 2015 http://hdl.handle.net/10138/157503 eng eng Helsingfors universitet University of Helsinki Helsingin yliopisto URN:NBN:fi:hulib-201509223644 http://hdl.handle.net/10138/157503 Kansainvälinen oikeus International law Folkrätt pro gradu -tutkielmat master's thesis pro gradu-avhandlingar 2015 ftunivhelsihelda 2023-07-28T06:15:17Z Latterly, the Arctic has transformed from a peripheral region to an area in the focus of the world, especially in terms of oil drilling. Nonetheless, no international legal instrument has addressed the matter of accountability for transnational oil pollution damage. Consequently, this thesis aspires to evaluate whether the current legal constructions, namely State responsibility, international liability, civil liability regimes and multilateral environmental agreements (MEAs), allow establishing accountability or creating a regime of accountability for transboundary environmental harm that results from hydrocarbon exploitation in the Arctic. Finally, the thesis seeks to systematize the law of accountability for environmental harm by providing an examination of the above mentioned current constructions, understood as layers of international accountability in the present thesis. The first layer, which offers an insight into the law of State responsibility for wrongful acts, naturally focuses on the ILC’s Draft Articles on responsibility of States. Both of the main criteria of State responsibility, meaning the attribution of the conduct and the breach of an obligation, will be assessed. However, it quickly becomes apparent that State responsibility faces severe challenges in terms of establishing accountability for oil pollution damage: the exploitation activities are often carried out by private entities whose conduct may only be attributable to States in rare circumstances. Moreover, the environmental obligations remain vague and thus a breach of them hard to prove. Thereby, State responsibility cannot be effectively resorted to in order to enforce accountability for environmental damage. The second layer, international liability, is based on the ILC’s project on international liability of States for injurious consequences. This prominent project, however, ran into difficulties right from the beginning: it was founded on the idea of strict State liability, something the international community was not ready for. ... Master Thesis Arctic Helsingfors Universitet: HELDA – Helsingin yliopiston digitaalinen arkisto Arctic |
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Helsingfors Universitet: HELDA – Helsingin yliopiston digitaalinen arkisto |
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ftunivhelsihelda |
language |
English |
topic |
Kansainvälinen oikeus International law Folkrätt |
spellingShingle |
Kansainvälinen oikeus International law Folkrätt Penttilä, Outi Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill |
topic_facet |
Kansainvälinen oikeus International law Folkrätt |
description |
Latterly, the Arctic has transformed from a peripheral region to an area in the focus of the world, especially in terms of oil drilling. Nonetheless, no international legal instrument has addressed the matter of accountability for transnational oil pollution damage. Consequently, this thesis aspires to evaluate whether the current legal constructions, namely State responsibility, international liability, civil liability regimes and multilateral environmental agreements (MEAs), allow establishing accountability or creating a regime of accountability for transboundary environmental harm that results from hydrocarbon exploitation in the Arctic. Finally, the thesis seeks to systematize the law of accountability for environmental harm by providing an examination of the above mentioned current constructions, understood as layers of international accountability in the present thesis. The first layer, which offers an insight into the law of State responsibility for wrongful acts, naturally focuses on the ILC’s Draft Articles on responsibility of States. Both of the main criteria of State responsibility, meaning the attribution of the conduct and the breach of an obligation, will be assessed. However, it quickly becomes apparent that State responsibility faces severe challenges in terms of establishing accountability for oil pollution damage: the exploitation activities are often carried out by private entities whose conduct may only be attributable to States in rare circumstances. Moreover, the environmental obligations remain vague and thus a breach of them hard to prove. Thereby, State responsibility cannot be effectively resorted to in order to enforce accountability for environmental damage. The second layer, international liability, is based on the ILC’s project on international liability of States for injurious consequences. This prominent project, however, ran into difficulties right from the beginning: it was founded on the idea of strict State liability, something the international community was not ready for. ... |
author2 |
Helsingin yliopisto, Oikeustieteellinen tiedekunta University of Helsinki, Faculty of Law Helsingfors universitet, Juridiska fakulteten |
format |
Master Thesis |
author |
Penttilä, Outi |
author_facet |
Penttilä, Outi |
author_sort |
Penttilä, Outi |
title |
Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill |
title_short |
Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill |
title_full |
Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill |
title_fullStr |
Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill |
title_full_unstemmed |
Transboundary Environmental Harm in the Arctic : A Study of Accountability for an Oil Spill |
title_sort |
transboundary environmental harm in the arctic : a study of accountability for an oil spill |
publisher |
Helsingfors universitet |
publishDate |
2015 |
url |
http://hdl.handle.net/10138/157503 |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic |
genre_facet |
Arctic |
op_relation |
URN:NBN:fi:hulib-201509223644 http://hdl.handle.net/10138/157503 |
_version_ |
1774714589215195136 |