Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

40. Using Judicial Bodies for the Implementation and Enforcement of International Environmental Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Although the Liability Annex is interesting in itself, since it establishes one further regime providing for compensation for environmental damage, it is perhaps even more interesting to examine which of the lessons are to be learned for customary international law on international liability. The Liability Annex and the Protocol on Liability and Compensation to the Basel Convention provide identical answers concerning the economic assessment of environmental damages by using the necessary response actions as a basis for calculation. This approach is probably more acceptable than the approach taken by the judgment in the Zoe Collocotroni case and the Erika case. Further, it is to be noted that the Liability Annex and the Protocol on Liability and Compensation to the Basel Convention both refer to the standard of strict liability rather than absolute liability. Finally, they both follow the same approach concerning State liability.

Keywords: Antarctica; customary international law; environmental damage; international liability; Liability Annex; state responsibility



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Law between Universalism and Fragmentation — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation