3. Shifting responsibility to private operators
Although there is no general no-fault liability regime applicable to States, in certain specific areas they have shifted their liability to operators of hazardous activities, whether public or private. To this end, states have established systems that promote, organize, and harmonize the civil liability rules for "polluters" (strict or no-fault liability) and facilitate the settlement of disputes that may arise in the event of an accident, as well as compensation for victims, before their national courts. These regimes concern, in particular, oil pollution, nuclear pollution, the transport of hazardous waste, and genetically modified organisms. In practice, therefore, there are relatively few such regimes. Many have had limited success, with relatively few ratifications, which sometimes even prevents them from entering into force. Furthermore, although these special civil liability regimes...
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Shifting responsibility to private operators
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