Valuation of “ pure” environmental damage in Compensation Case (Costa Rica v. Nicaragua), ICJ

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ZIAEE SEYED YASER; Kosari Vahid; Salman Nouri Mahsa

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Journal Paper

Paper Information

Journal: JOURNAL OF ENVIRONMENTAL SCIENCE AND TECHNOLOGY Year:2021 | Volume:22 | Issue:10 (101) Page(s): 65-77

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Title

Valuation of “ pure” environmental damage in Compensation Case (Costa Rica v. Nicaragua), ICJ

Author(s)

ZIAEE SEYED YASER | Kosari Vahid | Salman Nouri Mahsa | Issue Writer Certificate

Keywords

pure environmental damageQ1

valuation of environmental damageQ1

compensationQ1

restitutionQ1

separation of the effects of damagesQ1

Abstract

Given the importance of the natural environment for human life, any damage and destruction is unreasonable and unacceptable. Being the subject of disagreement among different jurists, the basis of responsibility for environmental damage has been fluctuated between human and the environment. Consequently, the discussion of environmental damages and the necessity to compensate for them has always focused on human beings and any assessment of environmental damage in judicial or arbitration courts has been based on human rights. The International Court of Justice, in its recent judgment in the dispute between Costa Rica v. Nicaragua, for the first time in its history, recognized the notion of "pure environmental damage" and proceeded to assess these damages. The present article, analyzing the judgment of the Court about the concept of “ pure” environmental damage and the method of its valuation, through a descriptive-analytic method will conclude that the pecuniary valuation of all dimensions of environmental damage is not so consistent with the reality and the appropriate methods will be proposed.

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APA: Copy

ZIAEE, SEYED YASER, Kosari, Vahid, & Salman Nouri, Mahsa. (2021). Valuation of “ pure” environmental damage in Compensation Case (Costa Rica v. Nicaragua), ICJ. JOURNAL OF ENVIRONMENTAL SCIENCE AND TECHNOLOGY, 22(10 (101) ), 65-77. SID. https://sid.ir/paper/403416/en

Vancouver: Copy

ZIAEE SEYED YASER, Kosari Vahid, Salman Nouri Mahsa. Valuation of “ pure” environmental damage in Compensation Case (Costa Rica v. Nicaragua), ICJ. JOURNAL OF ENVIRONMENTAL SCIENCE AND TECHNOLOGY[Internet]. 2021;22(10 (101) ):65-77. Available from: https://sid.ir/paper/403416/en

IEEE: Copy

SEYED YASER ZIAEE, Vahid Kosari, and Mahsa Salman Nouri, “Valuation of “ pure” environmental damage in Compensation Case (Costa Rica v. Nicaragua), ICJ,” JOURNAL OF ENVIRONMENTAL SCIENCE AND TECHNOLOGY, vol. 22, no. 10 (101) , pp. 65–77, 2021, [Online]. Available: https://sid.ir/paper/403416/en

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