TY - JOUR
T1 - Towards a liability regime for damages to transboundary waters by industrial accidents
T2 - A new protocol in the Unece Region
AU - Antypas, Alexios
AU - Stec, Stephen
PY - 2003/7
Y1 - 2003/7
N2 - If anything positive can result from human-caused disasters, it is that they often lead to reform. The cyanide spill at Baia Mare, Romania, from the Aurul SA gold mining operation in January 2000, resulted not only in environmental damage of continental significance (100 tons of cyanide released into waterways), and in victims who have not been compensated to this day, but also to the potential closing of a long-standing gap in international environmental law. Creating liability regimes for transboundary environmental harm has never been a straightforward or uncontentious undertaking, but after Baia Mare shed new light on the liability gap under international law a new political will to close it led to swift action. The Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters (the Civil Liability Protocol) was signed by 22 states on 21 May 2003 at the Environment for Europe Ministerial Conference in Kiev, Ukraine. The Civil Liability Protocol represents an important attempt by the international community to fill a gap in international law exposed by the Baia Mare accident. Negotiations were conducted in good faith, and the relative speed with which this instrument was developed following the accident is a testament to the seriousness of many of the delegations which negotiated the Protocol and to the staff of the UNECE. If the Protocol does come into force it would be a significant step in ensuring that future victims of large industrial accidents are compensated fairly and in a timely fashion. The Protocol would also play a role in encouraging operators and their insurers to minimise safety and financial risks, thereby doing a noteworthy service to the citizens and environments of states party to the Protocol. Although the Protocol falls within the scope of the UNECE region, it is open to all states which are members of the United Nations upon approval of the Meeting of the Parties to the Protocol. It may not be likely that many, or any, states outside of the UNECE region will accede to the Protocol, but the inclusion of this provision reflects the desire of the UNECE to continue both to be a model regional economic commission in the UN system and to produce environmental agreements that are at least potentially beneficial at the global level.
AB - If anything positive can result from human-caused disasters, it is that they often lead to reform. The cyanide spill at Baia Mare, Romania, from the Aurul SA gold mining operation in January 2000, resulted not only in environmental damage of continental significance (100 tons of cyanide released into waterways), and in victims who have not been compensated to this day, but also to the potential closing of a long-standing gap in international environmental law. Creating liability regimes for transboundary environmental harm has never been a straightforward or uncontentious undertaking, but after Baia Mare shed new light on the liability gap under international law a new political will to close it led to swift action. The Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters (the Civil Liability Protocol) was signed by 22 states on 21 May 2003 at the Environment for Europe Ministerial Conference in Kiev, Ukraine. The Civil Liability Protocol represents an important attempt by the international community to fill a gap in international law exposed by the Baia Mare accident. Negotiations were conducted in good faith, and the relative speed with which this instrument was developed following the accident is a testament to the seriousness of many of the delegations which negotiated the Protocol and to the staff of the UNECE. If the Protocol does come into force it would be a significant step in ensuring that future victims of large industrial accidents are compensated fairly and in a timely fashion. The Protocol would also play a role in encouraging operators and their insurers to minimise safety and financial risks, thereby doing a noteworthy service to the citizens and environments of states party to the Protocol. Although the Protocol falls within the scope of the UNECE region, it is open to all states which are members of the United Nations upon approval of the Meeting of the Parties to the Protocol. It may not be likely that many, or any, states outside of the UNECE region will accede to the Protocol, but the inclusion of this provision reflects the desire of the UNECE to continue both to be a model regional economic commission in the UN system and to produce environmental agreements that are at least potentially beneficial at the global level.
UR - http://www.scopus.com/inward/record.url?scp=1042301725&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:1042301725
SN - 1478-5277
VL - 14
SP - 185
EP - 193
JO - Journal of Water Law
JF - Journal of Water Law
IS - 4
ER -