ASSESSING AND COMPENSATING ENVIRONMENTAL DAMAGE: INTERNATIONAL LEGAL FOUNDATIONS AND CHALLENGES

Authors

  • Bekhruz Ergashov Lecturer, Asia International University

DOI:

https://doi.org/10.55640/

Keywords:

environmental damage assessment, ecological compensation, transboundary damage, international environmental law, state responsibility, polluter-pays principle.

Abstract

This article analyzes the international legal foundations for assessing and compensating environmental damage and examines the principal problems in this area. The study reviews various forms of environmental damage, methodologies for their assessment, and the current state of compensation mechanisms. Based on an analysis of international case law, the paper identifies shortcomings in contemporary international environmental law and suggests potential ways to address them. The article emphasizes state responsibility in environmental matters, the polluter-pays principle, and the importance of compensation funds.

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References

1.X.M. Yunusov. “State Responsibility under International Law for Damage Caused by Transboundary Environmental Effects.” Interdisciplinary Scientific-Theoretical Journal of International Relations, Nos. 3–4 (2020).

2.Birnie, P., Boyle, A., & Redgwell, C. International Law and the Environment, 3rd ed. Oxford: Oxford University Press, 2009. p. 89.

3.Sands, P. Principles of International Environmental Law, 3rd ed. Cambridge: Cambridge University Press, 2012. p. 156.

4.Brown Weiss, E. “International Environmental Law: Contemporary Issues and the Emergence of a New World Order.” Georgetown Law Journal, Vol. 81 (1993), pp. 675–710.

5.International Law Commission. Draft Articles on Prevention of Transboundary Harm from Hazardous Activities, UN Doc. A/56/10, 2001.

6.Jonas, H. The Imperative of Responsibility: In Search of an Ethics for the Technological Age. Chicago: University of Chicago Press, 1984. p. 142.

7.Boyd, J. “The Nonmarket Benefits of Nature: What Should be Counted in Green GDP?” Ecological Economics, Vol. 61 (2007), p. 716.

8.Stewart, R.B. “Economic Incentives for Environmental Protection: Opportunities and Obstacles.” In Environmental Law and Policy: Nature, Law, and Society, 4th ed., 2010. p. 234.

9.OECD. Recommendation on Guiding Principles concerning International Economic Aspects of Environmental Policies, C(72)128, 1972.

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Published

2025-12-13

Issue

Vol. 4 No. 11 (2025): Journal of Multidisciplinary Sciences and Innovations

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors retain the copyright of their manuscripts, and all Open Access articles are disseminated under the terms of the Creative Commons Attribution License 4.0 (CC-BY), which licenses unrestricted use, distribution, and reproduction in any medium, provided that the original work is appropriately cited. The use of general descriptive names, trade names, trademarks, and so forth in this publication, even if not specifically identified, does not imply that these names are not protected by the relevant laws and regulations.

How to Cite

ASSESSING AND COMPENSATING ENVIRONMENTAL DAMAGE: INTERNATIONAL LEGAL FOUNDATIONS AND CHALLENGES. (2025). Journal of Multidisciplinary Sciences and Innovations, 4(11), 1541-1547. https://doi.org/10.55640/

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