and GATT Agreements, can and do impact on the activities of non-state actors, by, for example, conditioning lending on appropriate environmental behaviour by non-state actors. National Laws At the national level, many states have extensive legislative and regulatory regimes addressing the environment and pollution. Amongst other things, these include regulatory regimes limiting emissions and imposing conditions on the handling and disposal of hazardous waste. In many instances, if a company breaches these limits they may be held liable, fined and their directors may be imprisoned. Broader industrial regulation, including occupational health and safety rules, may also address environmental hazards. Individuals may also use private law actions, such as the tort of nuisance, to seek redress from state and non-state actors who have caused environmental harm, where this harm fits into the strictures of the various causes of action. Some States have also implemented relevant laws with extra-territorial effect. For example, the United States’ (‘US’) Alien Torts Claim Act provides that federal courts shall have cognizance of “all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States”. 91 The US Supreme Court has interpreted provisions quite narrowly; however, a number of environmental cases have been brought before the US courts on the basis of environmental harms committed by US companies, operating outside the US territory. 92 Recommendations A list of recommendations is contained in Part 2. Amongst others, recommendations relevant to this term of reference include: • • • • • • • 1.3. 2.2. 2.4. 3.2. 3.3. 4.1. 4.2. Application of existing rights Development of Domestic Regulatory Regimes Participatory rights Issues affecting Implementation Environmental Impact Assessment Engaging with key stakeholders Public Awareness State Responsibility for harm affecting another State Question 6: Does a State have an obligation in international law to control activities within its jurisdiction that might cause environmental harms that undermine the right to life in another State? Response States have an obligation under international law to control activities within their jurisdiction that may cause environmental harm that undermines human rights. 91 92 Alien Tort Claims Act (ATCA), 28 U.S.C. §1350. Asia Pacific Forum, above n 4, 77-78. - 26 -