Book Review: Liability for Transboundary Pollution at the Intersection of Public and Private International Law (Hart Monographs in Transnational and International Law)
| Published date | 01 June 2023 |
| DOI | http://doi.org/10.1177/09646639221142028 |
| Author | YU CHEN |
| Date | 01 June 2023 |
| Subject Matter | Book Reviews |
Book Reviews
GUILLAUME LAGANIÈRE, Liability for Transboundary Pollution at the Intersection of Public and Private
International Law (Hart Monographs in Transnational and International Law). London: Hart Publishing,
2022, pp. 312, ISBN 9781509951154, $115 (hbk).
Although liability for transboundary pollution has been discussed widely and conten-
tiously, the connection and intersection between how Public International Law (hereafter
PubIL) and Private International Law (hereafter PrIL) address civil liability for trans-
boundary pollution remain poorly understood. This book engages and provides a mean-
ingful dialogue between these two fields, offering a unique perspective for the study of
transboundary environmental disputes. It uses Canadian PrIL as a case study and relies
on a variety of sources and instruments from European countries. Reassessing the rele-
vance of earlier debates on transboundary pollution to the rise of human rights discourse,
the book focuses on the private law aspects of environmental liability and examines how
domestic PrIL reflects policies developed in international environmental law. Its real aim
is to examine precisely how PrIL and its regulatory function fit into the current landscape
of international environmental law (p. 21).
Under international law, states are obligated to ensure Prompt and Adequate
Compensation (the Compensation) to victims of transboundary pollution, through mea-
sures such as assuming liabilities or providing civil remedies. Although treaty-based
civil liability regimes are difficult to implement because of conflicting state interests,
PrIL may address the gap by helping victims to pursue claims against transboundary pol-
luters. This first part of the book (chapter 1 and chapter 2) demonstrates that the journey
from early work on state responsibility to increased treaty-making in the area of civil
liability has not been entirely successful, but the effort of which provides the
International Law Commission (ILC) with enough precedents to settle on a promising
way forward (p. 76).
Chapter 1 introduces and explores the concept of responsibility and liability in inter-
national environmental law, paving the way for the proliferation of civil liability regimes
and the development of an obligation to ensure Compensation, and thus assesses the
scope and content of that obligation. Guillaume argues that it is reasonable for inter-
national law to turn to civil liability as the main method to deal with transboundary pol-
lution compensation. States can ensure the availability of compensation for
transboundary pollution through non-treaty solutions that provide the necessary condi-
tions for civil actions by strengthening domestic liability regimes. Domestic liability
regimes, in turn, can only be effective if appropriate PrIL rules are in place because
Book Reviews
Social & Legal Studies
2023, Vol. 32(3) 485–495
© The Author(s) 2022
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DOI: 10.1177/09646639221142028
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