Risk Theory as a Modern Basis for International Liability in Addressing Environmental Damage

Abstract

This paper examines Risk Theory as a modern legal foundation for international liability in addressing environmental damage caused by hazardous but lawful activities. Traditional fault-based frameworks are increasingly inadequate in managing transboundary harm resulting from technological advancements. Risk Theory shifts the focus from proving fault to establishing damage and causality. The study highlights the theory's legal basis, international support, and application in treaties and judicial rulings, advocating for its broader adoption to ensure environmental protection and justice.