Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Legal Challenges of Cross-Border Environmental Harm: State Responsibility and the Development of International Environmental Law

Rengga Yudha Santoso (Universitas Pgri Mpu Sindok)
Syimir Asyraaf Bin Eddie Halim (Universiti Sains Malaysia)
YunHaoChuang (National Chi Nan University)



Article Info

Publish Date
25 Sep 2026

Abstract

Cross-border environmental harm presents legal difficulties when cumulative environmental injury involves multiple contributors, overlapping obligations, and uncertain causal relationships. Existing scholarship addresses prevention, attribution, and remedies extensively but provides insufficient methodological integration across conventional transboundary pollution and global environmental harm. This study examines the interaction between primary environmental obligations and the secondary rules of State responsibility. A normative-doctrinal approach evaluates treaties, International Law Commission instruments, and selected international jurisprudence through September 2026, applying structured legal interpretation and comparative analysis. Particular attention is given to the 2024 ITLOS and 2025 Inter-American Court and ICJ climate advisory opinions. The findings establish that the no-harm principle and due diligence remain complementary preventive obligations, while contemporary jurisprudence clarifies their application to cumulative environmental risks. Attribution of State conduct must be distinguished from scientific causation, legal causation, and allocation of compensable injury. Concurrent environmental and human-rights obligations do not automatically establish jurisdiction, procedural standing, or proportional liability. The study develops a four-stage doctrinal framework separating primary obligations, breach and conduct attribution, causal contribution and allocation, and invocation of responsibility and remedies. This framework provides a systematic method for evaluating complex environmental responsibility while distinguishing established legal requirements from unresolved questions of collective causation and reparation

Copyrights © 2026






Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...