Harm to the Environment: The Right to Compensation and the Assessment of Damages

By Peter Wetterstein | Go to book overview

5
Remedying Harm to International Common Spaces and Resources: Compensation and Other Approaches

ALAN E. BOYLE


1. INTRODUCTION

There is no single approach to the problem of remedying harm to international common spaces and their resources which presents itself as self-evidently correct. The purpose of this Chapter will be primarily to review the possible options, with a view to assessing their comparative utility, and to raise perhaps the most important question, which is whether we want to look at the issue in terms of a right to compensation and assessment of damages at all. A second major question is whether, if we do, an approach which emphasizes the responsibility of states or the liability of individuals should be preferred. Lastly, and remembering that it is the global commons we are addressing and not harm to the territory of other states, a third question of some importance is who will assume responsibility for seeking whatever form of redress is potentially available.

Preliminary to all these questions, however, are two further issues: what are 'common spaces and resources', and does international law protect them per se, or only in so far as the right of individual states to make use of them is affected.


1.1. What are Common Spaces and Resources?

In contemporary international law there are now three different, and in some ways competing, senses of the term 'common spaces' or 'global commons': (i) the classical or Grotian doctrine of common property exemplified by the high seas and their resources, but also applicable to outer space and, arguably, Antarctica;1 (ii) common heritage, a revisionist version of the Grotian doctrine applied

____________________
1
See 1982 UN Convention on the Law of the Sea (hereafter UNCLOS 1982), Art. 87; 1958 Geneva Convention on the High Seas (hereafter GCHS 1958), Art. 2; 1967 Treaty of Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (hereafter Outer Space Treaty), Arts. I, 2; 1959 Antarctic Treaty, Arts. 2-4; 1980 Convention for the Conservation of Antarctic Marine Living Resources (hereafter CCAMLR 1980).

-83-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Harm to the Environment: The Right to Compensation and the Assessment of Damages
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 263

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.