State responsibility in pollution caused as result of Transboundary Gas pipelinePhD student: Mr M. Piri Damagh
Promotor: Prof M.G. Faure
Duration: 1/9/2011 - 31/8/2015
PhD defence: Maastricht, 2/12/2015
Abstract:
Rate of gas pollution and risks with regard to approach countries is increasing, especially so considering that the subject lines of many pipelines are multilateral, commitments and responsibility of countries that transmission lines it goes through their countries, facilities used in the above lines, and environmental pollution can be verified Transboundary gas pipeline contracts, usually signed between three countries origin, transit and destination countries, and now if any of the countries of origin and destination pipelines are causing pollution situation in terms of legal responsibility of states in this regard is clear but if the pollution occurs in the transit country, what country will have responsibilities in this area. According to international law, the rights and obligations of the source state and potentially affected states should be defined in such a way that all transit states can proceed with their operations. In this study sources of international law and the practical procedures in the countries will be studied thus, firstly legal action in the prevention of gas pipelines pollution by the responsible country should be carried out then this issue that how to determine responsibility and procedure will be considered. In this study, cases like this that if the gas transmission operation to be done in through Transboundary pipelines by an international company that is going to in the whole route from different countries and the company\'s actions caused pollution which of the state will be responsible for this and how should be deal with.or if the country of origin contracted with the gas company and the country is above contract with another country as transit if the pollution occur in transit country , origin country is responsible or Executive company Or if the gas Transmission pipelines cross from the common areas such as border lakes or areas that are not ruled by particular country and cause environmental pollution, how can it be addressed and which country would be responsible for this.