Compensation for environmental damages under international law
Subtitle: the role of the international judge
By: Tarcísio Hardman Reis
Series: Energy and environmental law & policy series -- v. 17; Energy and environmental law & policy series -- v. 17.
Publisher: Kluwer Law International; Sold and distributed in North, Central and South America by Aspen Publishers
Published: 2011
Place of publication: Alphen aan den Rijn, The Netherlands; Frederick, MD
Language: eng
Number of pages: 215
ISBN-13: 9789041134370
Subjects: Liability for environmental damages; International Environmental law; Compensation (Law)
Description: "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. This book leaves no doubt that environmental damage leads to an entitlement under international law, although the extension of such entitlement, and particularly the amount of compensation, remains to be determined case by case. This study succeeds in identifying elements of analysis for the establishment of a more adequate compensation system for environmental damages-- a system that privileges the intrinsic value of the environment, and also takes into account factors that encourage prevention and discourage abusive or arbitrary awards in relation to environmental damages. As such, it will be of incomparable value and significance to lawyers and academics working on the development of standards in international environmental law." -- Publisher's Information.
Notes: Includes bibliographical references (p. [191]-208) and index.