Foreign Practices of Damage Assessment for Post-War Environmental Restoration

Abstract

The article examines in detail the experience of the Iraq-Kuwait war in terms of receiving compensation for the damage caused by the war to the surrounding natural environment. In particular, the "Habitat Equivalency Analysis" methodology, which was used to determine the amount of compensatory restoration to cover losses in ecological services that were provided by natural resources before their damage. The methodology aims to estimate the total loss of services provided by a damaged or lost habitat. The FAO methodology for damage and loss assessment in agriculture was also analyzed. In which the focus is on the continuous collection of data on damage and loss in agriculture, recording the smaller and localized effects of disasters. The focus in the review of the methodology is focused on the determination of damages and losses in forestry. Such components as: damages and losses of forestry; loss of forestry production; loss of forestry products; damage to forestry assets. It was established that the considered methodology is suitable for determining the damage caused by military actions for forest resources in the part that directly concerns the forest cover.
 One of the areas of damage assessment in the nature management sector is the determination of options for primary (restoration) recovery. This stage refers to actions aimed at restoring the damaged resource and, if possible, returning it to the basic level (before the war), which involves establishing recovery goals; determination of primary restoration options; selection of primary restoration options; assessment of intermediate damages, etc. The choice of primary restoration options should be the result of an evaluation process based on the following criteria, but not limited to cost of implementation; the length of time it will take for the recovery to be effective; probability of success, etc.
 The next steps should be a large-scale damage assessment in accordance with generally accepted methods, development of ways to restore the natural environment and identification of funds to minimize or eliminate the damage caused to the elements of the environment or natural resources.

International legal framework for the protection of global food security

“…At the same time, at the international level, the precedent for holding a state accountable and awarding compensation for the damage caused to soil, water, and coastal ecosystems was considered in the context of the work of the UN Compensation Commission, which was created to consider the case of Kuwait v. Iraq and finished work in 2022 (Shpylova et al, 2023). However, taking into account the fact that it will be impossible to create such a Commission based on the resolution of the UN Security Council for Ukraine, for this purpose, a special agreement between the interested states should be concluded.…”