By Julio Barboza
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Additional resources for The Environment, Risk and Liability in International Law
Sample text
According to Beck, “risk” is a concept created to “foresee and control the future consequences of human action. ”2 The difference between the type of risks created by high technology and those created by nature—such as plagues or natural disasters—lies in the human decision to accept or not to accept the risk. 1 2 Beck, Ulrich, Risk Society: Towards a new modernity, London, Sage, 1992. , p. 3. Julio Barboza, The Environment, Risk and Liability in International Law, pp. 9–20. © 2011 Koninklijke Brill NV.
Damage unrelated to an activity involving significant risk may be compensable in international law but not under a liability regime as is dealt with in this work. With the evaluation of both the probability of harm and of its potential dimensions, there is a component of human acceptance underlying the decision to allow an activity to impose a risk on society. Some degree of risk must be tolerated by all societies, but in many cases a discussion of the levels of risk acceptable to a determined society never takes place.
In this chapter, the main features of international responsibility for wrongful acts will be compared with those of sine delicto liability, and consideration will be given to the practical consequences of differentiating one from the other. In order to be effective, risk regulation requires regimes with special features. Sine delicto liability has proved to be efficient in solving problems posed by the risk inherent to some modern activities. 1. Responsibility and Liability: the Use of Both Terms7 The meanings of the words “responsibility” and “liability” used nowadays by the ILC and most UN bodies—and as seen in most international legal literature—do not correspond with the words’ original meanings in AngloAmerican law.