IJSSH 2015 Vol.5(9): 816-821 ISSN: 2010-3646
DOI: 10.7763/IJSSH.2015.V5.563

Customary International Law and General Principles of Law and the Protection of the Environment

Thepparat Phimolsathien
Abstract—It has been seen that international agreement has lack of effectiveness to protect the environment. Environmental Protection could not be addressed if standard liability has not been changed. It is very important to understand how the current international liability is working because it will show that efficient liability regime can protect the environment and polluter state will be liable for the damages. The effectiveness of international liability regime must be able to at least provide equitable allocation of cost of remedies, reparation of damage once it has occurred. Moreover, a good liability regime should ensure the polluter not to cause further environmental harm. This article introduced international customary Law and general principle of law as tools to protect environment. The customary law would consider being a very important source for the tribunal decision since the custom law deprive from the formulation of non binding principles, repetition of specific rules in the international context, the accommodations of the conflict arising between states and those precedent cases. General principle of law is another source and practices or universal guidelines, all of which can also be used as a tool to solve the conflict.

Index Terms—Environmental law, environmental protection, international customary law, and general principle of law.

Thepparat Phimolsathien is with the Administration and Management College, King Mongkut Institute of Technology, Ladkrabang Campus (e-mail: thepparat@hotmail.com).

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Cite: Thepparat Phimolsathien, " Customary International Law and General Principles of Law and the Protection of the Environment," International Journal of Social Science and Humanity vol. 5, no. 9, pp. 816-821, 2015.

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