chapter
9 Pages

Conclusion

ByJason Rudall

The concluding chapter provides a synthesis of the main findings in the book and aims to suggest the best way forward in light of the varied norms and interests at stake. It argues that several avenues merit further consideration in the assessment of compensation for environmental damage. First, courts and tribunals have a margin to consider equitable considerations in their awards for damages. This could be used to take into account the behaviour of the parties, an ecosystems approach and climate change dimensions. Second, courts and tribunals can be appropriate venues to consider complex matters of science, but a more consistent practice on recourse to experts should be developed. Third, the nexus with human rights is likely to become more relevant in assessments of environmental compensation as we become increasingly aware of the impact that environmental damage can have on the rights of individuals or communities. The responsibility of private entities to respect human rights has also become increasingly evident in recent litigation, conventional and other international practice.