Monthly archive March, 2019

Science novit curia? Damage evaluation methods and the role of experts in the Costa Rica v Nicaragua case

1. Introduction In the Judgment concerning the quantification of damages owed by Nicaragua to Costa Rica, issued on 2 February 2018 (‘the 2018 Judgment’),[1] the International Court of Justice (‘the Court’) for the first time awarded compensation for damages to the environment. The facts of the case have been aptly recounted in Kindji and Faure’s...

Assessing reparation of environmental damage by the ICJ: A lost opportunity?

1. Introduction The recent judgment of the International Court of Justice (ICJ) brings to the fore the issues pertaining to the prevention and compensation of transboundary environmental harm. This case is of particular importance for two essential reasons. First, it is related to a freshwater wetland protected under the Ramsar Convention.[1] Wetlands indeed constitute a...

The ICJ and the compensation for environmental damage in the Costa Rica/Nicaragua case: Does the application of equitable principles offset independent technical expertise?

Introduced by Elena Fasoli The Judgment of the International Court of Justice (ICJ) on 2 February 2018 (hereinafter Judgment on Compensation), regarding compensation owed by Nicaragua to Costa Rica presents a unique opportunity for the Court to develop its views on compensation for environmental damage.[1] The Judgment on Compensation deals, inter alia, with the assessment...

The relationship between Human Rights and Property and the need for comparison in International Law

1. Premise International law and comparative law are traditionally concerned not only with two different fields of legal studies but they are also characterised by two divergent ways of looking at legal phenomena. Indeed, international law presupposes the idea of the universality of law, a uniform law that is not upset by the fragmentation of...

Comparative law and international law: inevitable liaisons?

1. Introduction The cue to start reflecting on the connections between comparative law and international law comes from the renewed interest in a `comparative’ approach to international law. Indeed, since the end of the last century, more and more international law scholars have become engaged in shaping ‘Comparative International Law’ as a new field of...