Environmental compensation in the practice of international courts and tribunals
Chapter 2 considers approaches to awarding compensation for environmental damage in international judicial practice. The complexity of the environment means that the traditional principles of compensation in international law are challenged. The last three years has seen a marked trend in the award of monetary compensation for environmental damage. However, in many cases, international courts and tribunals have made questionable methodological choices. Moreover, they have often rejected the methods proposed by State parties in the litigation and, on occasion, appointed their own experts to appraise environmental damage. Indeed, it is far from clear how an international tribunal might calculate compensation for environmental damage in future cases. This chapter critically analyses these recent cases, as well as other considerations that arise from recent developments, such as the emergence of an ecosystems approach in international environmental law and the recourse to expertise in dispute settlement concerning the environment.