Environmental Damage in International and Comparative Law: Problems of Definition and Valuation
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the...
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This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
ContributorsTable of CasesTable of Treaties and Other International InstrumentsTable of National LegislationAbbreviations1The Definition and Valuation of Environmental Harm: An Overview12Reparation for Environmental Damage in International Law: Some Preliminary Problems173The Economic Value of Environmental Damage274Biodiversity, Intrinsic Value, and the Definition and Valuation of Environmental Harm415Environmental Damage and Genetically Modified Organisms636Indigenous Peoples' Subsistence Lifestyle as an Environmental Valuation Problem857Environmental Damage in the Practice of the UN Compensation Commission1118Environmental Damage and Environmental Impact Assessment1339The Concept of Environmental Damage in International Liability Regimes14910The Relationship between Environmental Damage and Pollution: Marine Oil Pollution Laws in Malaysia and Singapore19111Environmental Damages in the Common Law: An Overview21312Environmental Damage in the Legal Systems of the Nordic Countries and Germany22313Civil Law Approaches to Evaluation Environmental Damage: Poland24314Definition and Valuation of Environmental Damage: The Contribution of the Scottish Legal System25715The Approach of Mixed Legal Systems: The Case of Mauritius27116Definition and Valuation of Environmental Damage in Turkey28117Environmental Damage Evaluation in Brazil29718Caribbean Environmental Damage and Valuation30519The EC White Paper on Environmental Liability and the Recovery of Damages for Injury to Public Natural Resources323Index339
