Analysis of Opinions Based on Compensation in the Light of International Environmental Law

Document Type : Original Article

Authors

1 Faculty member and President of the Canadian Institute of International Law

2 PhD in International Environmental Law and Lecturer University of Science and Research (Corresponding Author)

10.22034/lc.2022.148612

Abstract

Resolving environmental disputes is an emerging issue in the international arena. International law has increasingly incorporated environmental protection as an objective, and international courts and arbitral tribunals must address environmental disputes. This Comment discusses two recent decisions: Compensation owed by Nicaragua to Costa Rica and Burlington Resources—cases decided at the International Court of Justice (ICJ) and the International Center for Settlement of Investment Disputes (ICSID), respectively. The goal is to illustrate how international courts and arbitration tribunals have decided cases involving environmental disputes and ordered reparations for environmental harm. The finding of this study is that compensation as a latent axis of responsibility has a significant role in controlling environmental hazards. However, by examining the content of two environmental votes from two different dispute resolution authorities while explaining the basic frameworks of work, this study emphasizes the importance of environmental protection. This analysis shows, in fact, the path of evolution and development of international environmental law.

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