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

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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



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