—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.
—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
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.