Book contents
- Liability for Environmental Harm to the Global Commons
- Cambridge Studies on Environment, Energy and Natural Resources Governance
- Liability for Environmental Harm to the Global Commons
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Instruments
- Abbreviations
- 1 Introduction
- 2 Purposes of, and Approaches to, International Liability
- 3 Definition and Valuation of Compensable Environmental Damage
- 4 Allocation of Liability for Environmental Harm in Areas beyond National Jurisdiction
- 5 Standards of Liability
- 6 Standing to Bring Claims for Environmental Harm in Areas beyond National Jurisdiction
- 7 Access to Remedies
- 8 Insurance and Compensation Funds
- 9 Conclusion
- Bibliography
- Index
3 - Definition and Valuation of Compensable Environmental Damage
Published online by Cambridge University Press: 24 August 2023
- Liability for Environmental Harm to the Global Commons
- Cambridge Studies on Environment, Energy and Natural Resources Governance
- Liability for Environmental Harm to the Global Commons
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Instruments
- Abbreviations
- 1 Introduction
- 2 Purposes of, and Approaches to, International Liability
- 3 Definition and Valuation of Compensable Environmental Damage
- 4 Allocation of Liability for Environmental Harm in Areas beyond National Jurisdiction
- 5 Standards of Liability
- 6 Standing to Bring Claims for Environmental Harm in Areas beyond National Jurisdiction
- 7 Access to Remedies
- 8 Insurance and Compensation Funds
- 9 Conclusion
- Bibliography
- Index
Summary
This chapter examines issues related to the definition and valuation of environmental damage in areas beyond national jurisdiction (ABNJ): what general principles govern reparation for environmental damage; what types of environmental damage should give rise to compensation or other measures of reparation; and how should such compensation or other measures be assessed in monetary terms? The chapter draws out the characteristics of, and considerations relating to, the global commons areas that might affect the approach taken to these questions, and how, if at all, compensation for environmental damage has been addressed in the existing regimes governing ABNJ under consideration in this study. To inform the discussion, the chapter examines other relevant international principles and rules that have been adopted or applied to address compensation for environmental damage at the international level.
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- Liability for Environmental Harm to the Global Commons , pp. 54 - 94Publisher: Cambridge University PressPrint publication year: 2023