Poluarea mediului în context transfrontalier. rãspunderea statului vs. rãspunderea exploatantului activitãtii
Cross-border environmental pollution. state liability against the liability of the activity operator

Summary/Abstract: The structure of liability related to damages caused by cross-border pollution is decisively influenced by the capacity of the person to whom the prejudice repair obligation shall be incumbent: the state or the operator of an activity likely to be dangerous for persons, their estate or for the environment. The explanation regarding the difference of judicial regime is found at different levels to which the judicial mechanism of the liability is built in each of these two situations. Thus, if the liability of the operator of a certain dangerous activity is incurred in compliance with the rules of private law adopted at the international level for the purpose of governing the repair of cross-border damages, instead, the state liability is subject, generally, to the rules of public international law applicable in the matter of the non-observance of the obligations assumed as compared to other states. The impact of those two judicial orders (that specific to the private law relationships and that specific to the public international law relationships) over the judicial mechanism of liability for damages caused by pollution is the object of the analysis of this study. Performed in a comparative manner, the research aims at the main structural items of the mechanism of judicial liability: the conditions, the topics, the effect, the reasons which hold harmless, the procedural issues for incurring liability.

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