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An Analysis Of Salient Provisions Of International Law Instruments For Holding Perpetrators Liable For Breach Of The Duty Of Care To The Environment

Author

Listed:
  • Walter D. GAVENI

    (Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa)

  • Kola O. ODEKU

    (Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa)

Abstract

The growing global concern in the perpetration of environmental crimes such as pollution and degradation at an international level by States have triggered massive promulgation of international law instruments to make ample provisions for the protection of the environment and at the same time to impose stringent sanctions to those who harm the environment. The obligation to protect or not to harm the environment has been conceptualized; ãthe duty to care for the environmentÓ and the International environmental law have made States to also be the bearers of this obligation hence they ought to exercise careness in their daily activities in order to avoid causing harm to the environments in the territory of another State. An act of State done in breach of this obligation is faced with penal consequences which may take civil or criminal form. This paper therefore looks at the salient international instruments or laws that impose liability to States or international organizations who cause environmental harm.

Suggested Citation

  • Walter D. GAVENI & Kola O. ODEKU, 2022. "An Analysis Of Salient Provisions Of International Law Instruments For Holding Perpetrators Liable For Breach Of The Duty Of Care To The Environment," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(3), pages 352-362, October.
    • Handle: RePEc:sja:journl:v:11:y:2022:i:3:p:352-362
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    Cited by:

    1. Jinming Wang & Jialu Dai & Weijun Gao & Xingbo Yao & Bart Julien Dewancker & Jiawei Gao & Yuhan Wang & Jiayi Zeng, 2024. "Achieving Sustainable Tourism: Analysis of the Impact of Environmental Education on Tourists’ Responsible Behavior," Sustainability, MDPI, vol. 16(2), pages 1-17, January.

    More about this item

    Keywords

    prohibition of pollution; environmental harm; environmental care; perpetrators; sanctions.;
    All these keywords.

    JEL classification:

    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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