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  • 3 - Definition and Valuation of Compensable Environmental Damage

  • Neil Craik, University of Waterloo, Ontario, Tara Davenport, National University of Singapore, Ruth Mackenzie, University of Westminster
  • Book:
    Liability for Environmental Harm to the Global Commons
    Published online:
    24 August 2023
    Print publication:
    07 September 2023, pp 54-94
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  • 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.