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Transboundary Pollution: A Jurisprudential Analysis

Vikas Kumar, PHD. Research Scholar, Faculty of Law, University of Delhi


Environmental degradation is a reality in today's world. It has a negative impact on every state, large or small, wealthy or underprivileged. States are taking steps to curb this monstrosity in their jurisdictions by enacting legislation, but the problem of environmental degradation harm is not limited to a state's domestic area but it has gone beyond its territorial jurisdiction. This has given rise to a new problem known as transboundary harm or cross-border harm, which occurs when something goes beyond a state's territorial jurisdiction and harms that state's environment. Regrettably, the atmosphere knows no bounds, pollution that starts in one state and spreads to another is extremely difficult to control for either authority and the cost of the damage could be in the hundreds of millions of dollars The affected state may not be able to establish jurisdiction over actors in the source state, or if it can, it may have trouble enforcing any decree it issues. Transboundary pollution not only has a negative impact on the territory of neighbouring countries, but it has also accelerated the process of global climate change.

Keywords: no-harm principle, environmental damage, prevention of transboundary harm, international environmental jurisprudence, international court of justice, climate change.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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