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The Development In The International Law Commission: Consideration Of The Topic Since 1997

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Chapter Summary

In its 1997 session, the International Law Commission, with largely renewed membership, decided to review, once again, all the work done on the subject. This chapter compares the articles on prevention produced by the 1996 Group with those finally adopted by the Commission. Some principles were included in the 1996 draft, although not explicitly identified as such. Because Principle 21 of Stockholm was a part of general international law, including the principle of prevention in terms of Principle 21 would have given prevention the same legal condition. In 1997, a serious attempt was made in the Commission to eliminate liability from the draft articles. The following year, Mr. Rao presented his First Report on a legal regime for the allocation of loss in case of transboundary harm arising out of hazardous activities.

Keywords: hazardous activities; International Law Commission; liability; Principle 21; transboundary harm



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