Emergence of Principle of Sic Utere Tuo Ut Alienum Non-Laedes in Environmental Law and Its Endorsement by International and National Courts: An Assessment

The maxim of sic utere tuo ut alienum non-laedes (use your own property in such a way that you do not injure that of another) has been recognized as a fundamental principal of law both in Roman and common law systems. In international law, this principle acts as a limitation on the sovereignty of a State. It is a settled principle of international law that a State has the sovereign right to exercise the basic functions of a state.1 But then the exercise of this right is subject to certain limitations. One limitation is that the state cannot allow certain activities to interfere with the sovereignty of other states. A state will be found liable under international law if the consequences of activities within that state’s control seriously injure persons or property of other states. This principle over a period of time has come to be known as the “no harm rule”. According to this principle, a state isanswerable even for acts of a private person who is under that state’s control.2 State practices clearly show that the laws governing state responsibility will apply to injuries arising out of hazardous activities which are within a state’s control because the riskof consequences posed by such hazardous activities are serious, regardless of their legality within the individual state.3