scholarly journals Restoring marine environmental damage: Can the Costa Rica v Nicaragua compensation case influence the BBNJ negotiations?

2019 ◽  
Vol 28 (3) ◽  
pp. 244-257 ◽  
Author(s):  
Ronán Long
Keyword(s):  
Costa Rica ◽  
Environmental Damage ◽  
Marine Environmental

Marine Environmental Damage: The Compensability of Ecosystem Service Loss in International Law

2019 ◽  
Vol 34 (4) ◽  
pp. 602-641
Author(s):  
Günther Handl
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Oil Pollution ◽  
Environmental Damage ◽  
Emerging Trends ◽  
Full Compensation ◽  
Environmental Loss ◽  
National Practice ◽  
Marine Environmental

AbstractKey maritime conventions governing liability and compensation for pollution of the marine environment, foremost among them the 1992 Civil Liability for Oil Pollution Convention and the 2003 Supplementary Fund Protocol (the CLC/Fund regime), exclude compensation for pure environmental loss. This article discusses whether anything less than full compensation of damage to the marine environment, including the loss of ecosystem services, comports with contemporary international public policy or law. After reviewing and rejecting traditional arguments opposing such compensability, the article contrasts the CLC/Fund regime’s environmental claims practice with emerging trends in decision on the international legal plane and in select domestic legal systems, all of which support full compensation. The article thus concludes that an adjustment of the CLC/Fund regime’s environmental claims approach is desirable to align it with this international (and national) practice and thereby to protect the long-term integrity of the regime itself.

scholarly journals The Study on the Value of Restoration Technology for the Marine Environmental Damage Caused by Oil Spill Using CVM

2011 ◽  
Vol 33 (1) ◽  
pp. 77-83 ◽  
Author(s):  
Sung-Pyo Hong ◽  
Sang-Sup Cho ◽  
Suk-Jae Kwon ◽  
Min-Hee Baek
Keyword(s):  
Oil Spill ◽  
Environmental Damage ◽  
Marine Environmental

Environmental Damage and its Impacts on Inequality and Poverty: Applications to Brazil and Costa Rica

2007 ◽  
pp. 68
Author(s):  
Mariano Torras
Keyword(s):  
Sensitivity Analysis ◽  
Costa Rica ◽  
Environmental Damage ◽  
Distribution Data ◽  
Ecological Distribution ◽  
Poverty Measures ◽  
Damage Estimates

Accounting for environmental damage is relevant to how one measures the extent and severity of inequality and poverty, and the question of ecological distribution - how the costs associated with environmental damage are distributed across the population - is critical. Following Khan’s (1997) study on Bangladesh, I use environmental damage estimates to adjust inequality and poverty measures for Brazil and Costa Rica. Unlike Khan, I test for different assumptions regarding the ecological distribution. Provisional results indicate that inequality and poverty are understated, and that, under certain assumptions, both worsened in Costa Rica during the 1980s, contrary to what conventional statistics suggest. Want of reliable ecological distribution data, however, suggests that sensitivity analysis around competing assumptions may be preferable to conventional indicators.

scholarly journals Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)

2018 ◽  
Vol 112 (2) ◽  
pp. 288-294 ◽  
Author(s):  
Jason Rudall
Keyword(s):  
Costa Rica ◽  
International Law ◽  
Environmental Damage ◽  
International Court Of Justice ◽  
International Courts ◽  
Goods And Services ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
First Time

Should trees have standing? The decision of the International Court of Justice (ICJ or Court) in its Question of Compensation (Costa Rica v. Nicaragua) case of February 2, 2018 provides a pioneering example of damage to the environment being litigated before an international tribunal. The judgment is the first time that the ICJ has adjudicated compensation for environmental damage, and it is only the third time the ICJ has awarded compensation at all. Nevertheless, the ICJ boldly asserted in this case that “damage to the environment, and the consequent impairment or loss of the ability of the environment to provide goods and services, is compensable under international law” (para. 42). That said, the reasoning employed by the Court leaves much to be desired. Given the increasing number of cases involving the environment, it is unfortunate that international courts and tribunals will garner only limited guidance from the methodology adopted by the ICJ in valuing environmental damage.

Certain Activities Carried Out by Nicaragua in the Border Area

2020 ◽  
Vol 187 ◽  
pp. 1-543
Keyword(s):  
Costa Rica ◽  
Environmental Law ◽  
Environmental Damage ◽  
International Environmental Law ◽  
Main Claim ◽  
International Court Of Justice ◽  
Territorial Integrity ◽  
Court Of Justice ◽  
International Court ◽  
San Juan River

International Court of Justice — Provisional measures — Requirements for the indication of provisional measures — Prima facie jurisdiction — Jurisdiction under American Treaty on Pacific Settlement, 1948 (Pact of Bogotá) — Plausibility of rights claimed — Whether rights claimed by Costa Rica plausible — Irreparable damage — Whether rights claimed by Costa Rica at imminent risk of irreparable prejudiceInternational Court of Justice — Procedure — Control of proceedings — Joinder of proceedings — Counter-claims — Admissibility of counter-claims — Whether counter-claims of Nicaragua having direct connection with main claim of Costa Rica — Conditions for establishing whether a counter-claim connected in fact and in law with main claimInternational Court of Justice — Evidence — Weight to be given — Expert evidence — Burden and standard of proof — CompensationTerritory — Sovereignty — Disputed territory — Costa Rica’s claim that Nicaragua carried out activities in territory under sovereignty of Costa Rica — Extent of disputed territory — Treaty of Limits, 1858 — Cleveland Award, 1888 — Alexander Awards, 1897 — Whether “first channel met” was the caño dredged by Nicaragua starting in 2010 — Whether disputed territory falling under sovereignty of NicaraguaEnvironment — Procedural obligations — Substantive obligations — Nicaragua’s alleged breaches of international environmental law — Whether Nicaragua having to provide Costa Rica with environmental impact assessment relating to activities in disputed territory — Whether Nicaragua breaching its obligations to notify and consult with Costa Rica — Whether Nicaragua breaching its obligation not to cause transboundary harm — Costa Rica’s alleged breaches of international environmental law — Whether Costa Rica breaching its obligation to provide Nicaragua with environmental impact assessment relating to construction of Road 1856 along San Juan River — Whether Costa Rica breaching its obligations to notify and consult with Nicaragua — Whether Costa Rica breaching its obligations under Convention on Biological Diversity, 1992 — Whether Costa Rica breaching its obligation not to cause 2transboundary harm — Whether Costa Rica breaching Nicaragua’s territorial integrityRivers — Right of navigation — Whether Nicaragua breaching Costa Rica’s right of navigation on San Juan River under Treaty of Limits, 1858 — PollutionState responsibility — Breach of provisional measures — Whether evidence showing that Nicaragua breached provisional measures — Assessing compliance with provisional measures at merits stage — Costs — Whether Costa Rica to be awarded costs as a result of Nicaragua’s breach of provisional measures — Breach of territorial integrity — Presence of Nicaragua’s military camp in disputed territory — Declaration that territorial integrity had been breached — Reparation — Compensation to be determined by Parties through negotiation within a year — Whether Court to be requested to determine amount of compensation by either Party after one year had elapsedDamages — Environmental damage — Consequences of responsibility for environmental damage — Request by Costa Rica to determine amount of compensation — Obligation to make full reparation — Hierarchy of means of reparation — Punitive or exemplary damages — Three-step approach to awarding compensation — Establishment of unlawful act — Causal link between unlawful act and injury suffered — Quantification — Compensation for environmental damage — Compensation for expenses incurred by Costa Rica — Methodology to quantify amount due — Parties disagreeing on appropriate methodology — Expenses by Costa Rica as a result of unlawful activities in disputed territory — Expenses by Costa Rica as a result of Nicaragua’s breach of provisional measures — Expenses by Costa Rica for construction and monitoring of a dyke — Costa Rica’s claim for pre-judgment and post-judgment interest — Whether pre-judgment interest necessary to ensure full reparation — Date by which compensation to be paid by Nicaragua

Temporal Elements in the Valuation of Environmental Damage: Reflections on the Costa Rica v. Nicaragua Compensation Case before the International Court of Justice

2021 ◽  
Vol 90 (3) ◽  
pp. 257-291
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Climate Change ◽  
Costa Rica ◽  
Natural Resources ◽  
Environmental Damage ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
First Time

Abstract In the Costa Rica v. Nicaragua judgment of 2 February 2018, the International Court of Justice (icj), for the first time in its jurisprudence, explicitly accepted the compensability of environmental damage. Nonetheless, the valuation of environmental damage is less easy. Since conditions concerning the environment and its natural resources may change with the passage of time, there is a need to take the dynamics and variability of the environment into account in the valuation of environmental damage. In this regard, considerations of temporal elements, including the time necessary for recovery of the environment and ecosystem, are key. Thus this article aims to consider the issues of the valuation of environmental damage in the Costa Rica v. Nicaragua Compensation case focusing particularly on temporal elements. In particular, this article critically analyses the icj’s methodology for the valuation of environmental damage. This article also examines the issues of climate change and use of experts in the valuation of environmental damage.

MARINE ENVIRONMENTAL GEOGRAPHIC INFORMATION SYSTEM (MEGIS) DEVELOPMENT FOR JAPAN

1997 ◽  
Vol 1997 (1) ◽  
pp. 485-491
Author(s):  
Ichiro Morita ◽  
Akio Sasagawa ◽  
Kenji Oka ◽  
Garrey Maxwell
Keyword(s):  
Information System ◽  
Geographic Information System ◽  
Oil Spills ◽  
Geographic Information ◽  
Environmental Damage ◽  
Oil Well ◽  
Trajectory Prediction ◽  
Petroleum Development ◽  
Safety And Environment ◽  
Marine Environmental

ABSTRACT A response management system for accidents, such as oil well blowouts and oil spills at sea, is being developed by the Safety and Environment Center for Petroleum Development (SEC) under the supervision of the Ministry of International Trade and Industry (MITI) of Japan. The 5-year program, which is designed to minimize environmental damage in the event of an oil spill, commenced in 1992. The system, known as the Marine Environmental Geographic Information System (MEGIS), consists of five subsystems: (1) detection and monitoring, (2) oil and pollution spill trajectory prediction by computer simulation, (3) contingency planning for response and cleanup operations, (4) a communication and information network of all responsible agencies and participants, and (5) a geographic information system.

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