Abstract

This study examines the law applicable to environmental crimes arising from transboundary pollution. It aims to identify the legal nature of transboundary environmental damage by analyzing the connecting factors used in determining the applicable law, namely the law of the place where the harmful act occurred (lex loci delicti), the law of the place where the damage occurred, and the principle of the law most closely connected to the dispute. The study also reviews comparative jurisprudential and legislative approaches, with particular emphasis on the adequacy of traditional conflict-of-laws rules in addressing the unique characteristics of transboundary environmental harm.The research adopts analytical, comparative, and inductive methodologies to examine the relevant legal concepts and terminology, analyze the legal rules governing the subject, and review the approaches adopted by selected legal systems. It further highlights the growing tendency to adopt flexible connecting factors that grant judges discretionary authority to determine the most appropriate applicable law, thereby promoting justice and strengthening environmental protection.The findings indicate that environmental crimes, particularly pollution-related offenses, consist of both a material element (actus reus) and a mental element (mens rea), with particular importance attached to determining the place where the harmful act occurred, whether through a positive act or an omission. The study further concludes that liability for transboundary environmental damage constitutes one of the most significant challenges in contemporary private international law due to the complexities involved in determining international jurisdiction, identifying the applicable law, and enforcing foreign judgments. These challenges are compounded by the environmental, economic, and public health consequences of damage that extends beyond the territorial boundaries of the state in which the harmful act occurred.The study recommends strengthening the role of international law in general, and private international law in particular, in protecting the environment. It also calls for the further development of legal rules governing liability for transboundary environmental damage, enabling international judicial bodies to address serious environmental violations affecting humanity and fundamental human rights, and ensuring that both states and corporations bear responsibility and provide compensation for environmental damage they cause, in accordance with the relevant international treaties and conventions.