Development of the concept of “environmental damage” in international environmental law

• Main Authors: Khalatbari, Y., Hermidas Bavand, D., Zare, A., Poorhashemi, S.A.
• Format: Article
• Language: English
• Published: University of Guilan 2016-09-01
• Series: Caspian Journal of Environmental Sciences
• Subjects: International responsibility and compensation; Environmental pollution; Environmental damage; International environmental law
• Online Access: https://cjes.guilan.ac.ir/article_2076.html
• ISSN: 1735-3033; 1735-3866

Evolution of the concept of “environmental damages” is one of the aspects of development in international environmental law. In fact, after increasing global environmental problems and lack of efficiency in international environmental law to prevent the damage, unifying the concept of “environmental damage” in the law is being considered as a solution for this matter. Moreover, development of international laws including customary and conventional law play an important role in describing the “environmental damage”. For instance, codification and elaboration of over a thousand bilateral or multilateral treaties and agreements on international environmental laws verify the role of these law in development of the content and substance in this legal field. However, some aspects of the “environmental damage’s” concept remain unclear. So, in the present study, with analytical approach we are trying to analyze the development of the concept of “environmental damage” in International environmental law. It would also be ensured that determining and defining the “environmental damage” are important for addressing environmental problems. In addition to prevent and reduce the environmental pollution, it can be considered as a tool to establish the international responsibility in the case of Trans - boundary damage to environment. The conclusion of this paper is based on the progressive development of the “environmental damage” concept in international law.