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At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.
Environmental Interests in Investment Arbitration examines the legal framework for environmental interests in investment law, with the purpose of reaching a balance between the protection of foreign investments and the protection of the environment. Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host States? benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services, and these downstream effects stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection? the third component of sustainable development - and FDI. In recent years, an increasing number of investment arbitration cases have seen a clash between the states? commitments towards their citizens, which include the duty to protect the environment, their health and wellbeing, and the commitment towards foreign investors to protect their investments. The author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration.
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called ‘green criminology’. Yet in all the theorising that has taken place in this area, there is still a marked absence of specific focus on those actually suffering harm as a result of environmental degradation. This book represents a unique attempt to substantively conceptualise and examine the place of such ‘environmental victims’ in criminal justice systems both nationally and internationally. Grounded in a comparative approach and drawing on critical criminological arguments, this volume examines many of the areas traditionally considered by victimologists in relation to victims of environmental crime and, more widely, environmental harm. These include victims’ rights, compensation, treatment by criminal justice systems and participation in that process. The book approaches the issue of ‘environmental victimisation’ from a ‘social harms’ perspective (as opposed to a ‘criminal harms’ one) thus problematising the definitions of environmental crime found within most jurisdictions. Victims of Environmental Harm concludes by mapping out the contours of further research into a developing green victimology and how this agenda might inform criminal justice reform and policy making at national and global levels.This book will be of interest to researchers across a number of disciplines including criminology, international law, victimology, socio-legal studies and physical sciences as well as professionals involved in policy making processes.
"This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
The environmental devastation caused by military conflict has been witnessed in the wake of the Vietnam War, the Gulf War and the Kosovo conflict. This book brings together leading international lawyers, military officers, scientists and economists to examine the legal, political, economic and scientific implications of wartime damage to the natural environment and public health. The book considers issues raised by the application of humanitarian norms and legal rules designed to protect the environment, and the destructive nature of war. Contributors offer an analysis and critique of the existing law of war framework, lessons from peacetime environmental law, means of scientific assessment and economic valuation of ecological and public health damage, and proposals for future legal and institutional developments. This book provides a contemporary forum for interdisciplinary analysis of armed conflict and the environment, and explores ways to prevent and redress wartime environmental damage.
The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.