Compensation for environmental damages under international law

ABBREVIATIONS . . 7
TABLE OF CONTENTS . . 11
INTRODUCTION . . 14

A. PRELIMINARY OBSERVATIONS ABOUT THE RELATION BETWEEN ENVIRONMENT AND LEGAL RULES . . 27
1. INTRODUCTION
2. PROPERTY RIGHTS AND THE ENVIRONMENT
3. THE ENVIRONMENT AS A PUBLIC DOMAIN
4. THE PROTECTION OF THE ENVIRONMENT THROUGH HUMAN RIGHTS
5. ENVIRONMENT AND CONSTITUTIONAL LAW
6. CONCLUSIONS OF THE FIRST PART

B. ENVIRONMENTAL PROTECTION AND INTERNATIONAL LAW . . 82
1. INTRODUCTION
2. ENVIRONMENTAL DAMAGES AND INTERNATIONAL RESPONSIBILITY
3. CONCLUSION OF THE SECOND PART

C. OVERVIEW OF COMPENSATION STANDARDS IN INTERNATIONAL LAW . . 108
1. INTRODUCTION
2. INTERNATIONAL JURISPRUDENCE
3. LIABILITY TREATIES
4. RESOLUTIONS, DOCUMENTS AND REPORTS FROM INTERNATIONAL ORGANIZATIONS
5. CONCLUSION OF THE THIRD PART

D. ELEMENTS OF FAIR COMPENSATION IN INTERNATIONAL LAW . . 161
1. INTRODUCTION
2. FAIRNESS AND SATISFACTION AMONG THE PARTIES
3. FAIRNESS AS A PRINCIPLE GOVERNING THE ESTABLISHMENT OF COMPENSATION
4. ECONOMICS AND FAIR COMPENSATION
5. A PUNITIVE APPROACH TO FAIR COMPENSATION
6. CONCLUSION OF THE FOURTH PART

E. TOWARDS A FRAMEWORK OF ELEMENTS FOR THE COMPENSATION OF ENVIRONMENTAL DAMAGES . . 215
1. INTRODUCTION
2. CONSIDERATION OF THE INSTRUMENTAL PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW
3. INCORPORATING SCIENTIFIC ELEMENTS IN INTERNATIONAL DECISIONS
4. RESPECTING THE INTERESTS OF THIRD PARTIES
5. EVALUATING THE CONDUCT OF THE PARTIES
6. CONCLUSION OF THE FIFTH PART

FINAL CONCLUSIONS . . 256
BIBLIOGRAPHY . . 259
LIST OF CASES AND DECISIONS . . 277