Remedying the environmental impacts of war: Challenges and perspectives for full reparation

Abstract

While the law of State responsibility, particularly the principle of full reparation, provides general guidance for achieving full reparation, it is not quite obvious what kinds of reparation qualify as “full” and how to actualize full reparation. This article centres on the principles, approaches and methods surrounding full reparation for armed conflict-related environmental damage in the law of State responsibility. It examines how the environment is legally defined as an object of protection under international law, and discusses practical challenges in international compensation for wartime environmental damage. In doing so, it ascertains the underlying objective of full reparation, develops an approach to assessing wartime environmental damage, and draws on experiences of international jurisprudence to quantify compensation for wartime environmental damage.