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from liability if he proves that the damage: - was the result of war, hostilities,
or natural
phenomena;
- It was wholly caused by an act or omission of a third party with intent to cause
damage, or was wholly caused by the negligence or other wrongful act of any Government or
other authority responsible for the maintenance of lights or other navigational aids in the
exercise of this function.
The Geneva Convention on Civil Liability for Damage
Caused during Carriage of
Dangerous Goods by Road, Rail and Inland Navigation Vessels (1989), found that for the
damage caused by any dangerous goods during their carriage from the time of the incident the
responsibility of the carrier.
As for the Brussels Convention, the carrier is relieved from
liability if he proves that the damage resulted from military operations,
hostilities or natural
phenomena; caused by the action of a third party with intent to cause damage.
A special example of imposing international liability for damage caused to the
environment, is liable to be applied as a result of military action. Although the Convention on
the Prohibition of Military or Any Other Hostile Use of Environmental Modification
Techniques (1977), during the Gulf War was carried out large-scale
deliberate destruction of
the environment for military purposes. A few days after the start of the war actions of Iraqi
forces have led to the flood of 6 - 8 million barrels of Kuwaiti oil in the waters of the Arabian
Gulf.. For 4 days the bombing of Iraq blew up most of the oil wells of Kuwait in 1250, which
resulted in a fire at nearly 600 oil wells and were covered with huge oil area of the country. UN
Security Council Resolution number 687 of April 3, 1991 reaffirmed the liability of Iraq to
foreign states, individuals and legal entities
for damage to the environment, and for the
destruction of natural resources as a result of the invasion of Kuwait. In accordance with this
Resolution Fund was established, the funds which have come from Iraq, amounting to about a
quarter of its annual oil revenues. These funds are
intended to cover the damage, which is
estimated to have reached 50 bln. Dollars.
International Environmental Court. In the practice of the international community
there are environmental disputes requiring resolution by international bodies. To this end, in
July 1993 as part of the International Court of Justice (The Hague) created "camera on
environmental issues."
At the initiative of a group of lawyers at the founding conference held in Mexico
City in November 1994, it was established by the International
Court of Environmental
Arbitration and Conciliation (International Environmental Court). It is a non-governmental
organization. The first panel of judges includes 29 environmental lawyers from 24 countries.
The activities of the International Environmental Court is governed by its Articles
of Association, according to which the court to settle international disputes on the protection of
the environment and nature in three forms: a) by consulting interested parties at their request,
on the basis of a legal analysis of a particular situation; b) by the reconciliation of the disputing
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