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.
15 UNCC, Report and Recommendations Made By the Panel of Commissioners Concerning the Fifth Instalment of 'F4' Claims, op cit, paras 61, 86–99, 106– 11, 121–5, 134–8. 16 Ibid., paras 62, 64–74. 17 UNCC, Report and Recommendations Made ...
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law.
This book focuses on how public and private international law address civil liability for transboundary pollution.
As such, this book will be of great interest to academics, practitioners and students.
This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
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.
Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the ...
From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the ...
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.