Кодификационный процесс в области международной ответственности за вредные последствия действий, не запрещённых международным правом

Abstract

The article analyses the work of the International Law Commission on the topic of international liability for injurious consequences arising out of acts not prohibited by international law. A brief overview of the past work of the ILC is followed by the analysis of the main provisions of the draft convention on prevention of transboundary harm from hazardous activities adopted in the second hearing by the International Law Commission. Special attention is paid to the concepts of jurisdiction and control of a state, significant transboundary harm and risk thereof. The threshold requirement for transboundary harm is considered by the author as reasonable in the conditions of modern civilization. The obligations of States according to the draft convention are also discussed. The general obligation to prevent significant transboundary harm is viewed by the author as a sum of duties to give prior authorization, inform and hold consultations. The duty to inform implies provision of information to the affected State before the commencement of the potentially hazardous activity, exchange of relevant information during the course of activity and after the activity is completed, provision of information to the potentially affected public, and immediate notification of emergency related to the hazardous activity. In the author's opinion, the draft convention is a well-balanced system of measures to prevent significant transboundary harm.