¹ For details, see Nat’l Comm’n on the BP Deepwater Horizon Oil Spill and Offshore Drilling, Deepwater: The Gulf Oil Disaster and the Future of Offshore Drilling: Report to the President (Jan. 2011), available at http://www.oilspillcornmission.gov/sites/default/files/documents/DEEPWATER_ReporttothePresident_FINAL.pdf.

² A 1977 European Convention on Civil Liability for Oil Pollution Damage Resulting from Exploration for and Exploitation of Seabed Mineral Resources has never entered into force, and would have applied only to the North Atlantic, North Sea, and Baltic Sea. Liability for oil pollution from ships is covered by the 1992 Imo Convention on Civil Liability for Oil Pollution Damage, and the 1992 Imo Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, although the United States is not a party.

³ Rep. of the Int’l Law Comm’n, Articles on State Responsibility (ILC Articles) 43-365, Gaor A/56/10 (2001), reprinted in James Crawford, the International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries (2002).

⁴ Trail Smelter Arbitral Tribunal Decision, 33 AM. J. Int’l L. 182 (1939)Google Scholar; 35 Am. J. Int’l L. 684 (1941).

⁵ Pulp Mills on the River Uruguay (Arg. v. Uru.), Judgment of Apr. 20, 2010.

⁶ Advisory Opinion on Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, ITLOS Seabed Disputes Chamber, 2011.

⁷ Corfu Channel (UK v. Alb.), 1949 I.C.J. 1.

⁸ Advisory Opinion on the Legality of the use by a State of Nuclear Weapons in Armed Conflict, 1996 I.C.J. 226.

⁹ See II(2) Y.B. Int’l Law Comm’n 144-70 (2001).

¹⁰ See, for example, Birnie, Patricia, Boyle, Alan & Redgwell, Catherine, International Law & the Environment (3d. ed. 2009)Google Scholar, ch. 3 and literature there cited.

¹¹ See 2002 ILC Articles on State Responsibility, arts. 1 & 2.

¹² See Rep. of the Int’l Law Comm’n, Draft Principles on the Allocation of Loss in the Case of Transboundary Harm Arising Out of Hazardous Activities, Gaor A/61/10, paras. 51-67 (2006); Birnie, Boyle & Redgwell, supra note 10, at ch. 4, section 2.

¹³ Finding a forum could be difficult, given that the United States is not subject to compulsory jurisdiction under the ICJ Statute or the 1982 UN Convention on the Law of the Sea.

¹⁴ See In Re Union Carbide Corp. Gas Plant Disaster at Bhopal, India in December 1984, 634 F. Supp. 842 (S.D.N.Y. 1986).

¹⁵ See Cymie Payne & Peter Sand, Gulf War Reparations and the UN Compensation Commission: Environmental Liability (2011).