Examples of using Causing transboundary harm in English and their translations into Arabic
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Emphasis was placed on the need to regulate activities causing transboundary harm to the environment.
(c) To resume the work on the topic" International liability for injurious consequences arising out of acts not prohibited by international law" in order to complete the first reading of thedraft articles relating to activities that risk causing transboundary harm;
Paragraph(d) defined hazardous activity as any activity that entailed a risk of causing transboundary harm through its physical consequences.
He highlighted the requests to the Commission in paragraph 3, subparagraphs(a),(b) and(c), which dealt, respectively, with work on the draft Code of Crimes against the Peace and Security of Mankind, the draft articles on State responsibility andthe draft articles relating to activities that risked causing transboundary harm.
According to this view, such liability should not bedirectly attributed to a State merely because the activity causing transboundary harm had been undertaken in areas under its jurisdiction.
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He welcomed the provisional adoptionof articles 1 to 20, relating to activities having a risk of causing transboundary harm.
Concern was expressed that the use of the standard of due diligence to prevent orminimize the risk of causing transboundary harm, and the fact that such an obligation was not an obligation of result, did not seem appropriate under all circumstances.
The Commission is giving priority in itswork to prevention of activities having a risk of causing transboundary harm.
For his part,the Special Rapporteur noted that if a State undertook an activity that risked causing transboundary harm, it was expected to make the necessary assessments, arrange authorization and subsequently review the project to ensure that it conformed to a certain standard.
Moreover, it was stressed that that State should also accept ashare in the allocation of loss resulting from any accident causing transboundary harm.
The decision of the Commission to distinguish between activities involving a risk of causing transboundary harm and activities causing transboundary harm was also criticized.
Therefore, while it was useful to deal with issues of prevention, it would be moreuseful for the Commission to focus on consequences arising from causing transboundary harm.
It had noted that the Special Rapporteur had already examined issues of prevention buthe had looked at both activities having a risk of causing transboundary harm- activities involving risk- and activities causing transboundary harm- activities with harmful effects.
Work on the topic of liability should continue during that session so thatthe first reading of the draft articles on activities that risked causing transboundary harm could be completed by 1996.
One of them remarked that, as a result of the deletion from articlespreviously submitted by the Special Rapporteur of all activities causing transboundary harm, articles 11 to 20 bis appeared to be somewhat incoherent and incomplete, and that a combination of elements of the general provisions and the principles contained in previous versions with elements of the new provisions would have produced a homogeneous whole.
(25) Paragraph(d) defines hazardous activity by referenceto any activity, which has a risk of causing transboundary harm through physical consequences.
It was further stressed that, in listing activities, the Commission should be consistent; for example, the list of activities addressed by the conventions which the Commission intended to rely on seemed tohave included activities such as oil spills causing transboundary harm, while excluding transboundary flooding as a result of deforestation.
Many representatives agreed that article A reaffirmed principle 21 of the Stockholm Declaration and principle 2 of the Rio Declaration and that the general obligation to prevent orminimize the risk of causing transboundary harm was an implicit consequence of the obligation not to cause transboundary harm and that it provided a clear foundation for other obligations relating to prevention.
The Special Rapporteur had responded that the element of dolus or the intention or legality of the activity was not relevant to the purposes of the draft articles;the articles were intended to cover all activities that risked causing transboundary harm, including military activities, assuming that they were fully permissible under international law.
In the case of a lawful act by a private operator which caused transboundary harm, private-law remedies against the private operator were insufficient.
However, it had to be recognized that, despite such preventive measures,accidents could happen that caused transboundary harm and economic loss.
He favoured removal of the square brackets from article 1(b),as the draft articles should cover activities which caused transboundary harm despite involving no apparent risk.
One important step in that connection was to identify what could cause transboundary harm, and the Commission had been correct in taking as its starting-point the existing conventions dealing with issues concerning such harm. .
Clearly, however,a State bound by the text of the revised draft articles could cause transboundary harm to another State as a consequence of its failure to fulfil those obligations, thereby incurring responsibility towards the affected State.
Regarding the scope of the draft articles, the SpecialRapporteur expressed that they would cover all activities, including military ones, if they caused transboundary harm, assuming.
She therefore invited the Commission to keep in mind that,in the case of a lawful act by a private operator which caused transboundary harm, private-law remedies against the private operator were insufficient.
It was unacceptable in the case of an activity which caused transboundary harm that the innocent victims in one State could be left without compensation because a private operator in the State in which the harm originated did not have adequate financial resources to meet the costs of compensation for the harm. .
On international liability for injurious consequences arising out of acts not prohibited by international law, his delegation believed that that type of responsibility derived from theconcept of the risk taken by the perpetrator of the activity which caused transboundary harm.
In response to an opinion put forward in the most recent debate, the Special Rapporteur believes the foregoing makes it clear that the sovereignty of the State of origin is not affected by the obligation to consult, since that isa duty incumbent upon it when it authorizes or undertakes an activity that may cause transboundary harm.
He therefore proposed that the phrase" and may proceed with the activity at its own risk" should be deleted, since if the State of originwas permitted to proceed with an activity that might cause transboundary harm to another State, it would be the latter State, not the State of origin, which would have to assume the risk of transboundary harm. .