Reparations for environmental damage in international law: a comprehensive approach for a sustainable future
Publication Date
July 27, 2026
Creator
Abstract
Humanity is currently facing one of the greatest challenges of our era. There is little doubt that we are experiencing an environmental crisis so serious that some believe it may lead to humanity’s extinction. This crisis is characterised by the continuous deterioration of the Earth’s natural systems to the point that they may collapse. What is worse, this is mostly a crisis of our own making, after centuries of untamed human activities without paying regard to nature have left a trail of destruction of habitats and widespread contamination of the environment on a planetary scale.
Both in society and among scientists, there is an overall agreement that something needs to be done to halt this process. Recent statistics from the United Nations (UN) indicate that halting this trend requires action at an international level. As a problem of planetary proportions, its resolution requires the engagement of the whole international community. With this in mind, states have agreed on multiple international treaties, establishing a plethora of obligations to conserve the environment’s functionality. States have elected sustainable development as the chief conservation strategy which allows for human development to the extent that it does not compromise the long-term viability of natural systems. However, recent UN reports suggest that, so far, these efforts have been insufficient to halt the decline of the global environment. This has led states to agree that, besides conservation, it is important to restore the harm already caused to the natural environment. To highlight this new initiative, the United Nations General Assembly (UNGA) recently named the current decade the United Nations Decade on Ecosystem Restoration (2021–2030). Its resolution reinforces the need to restore the Earth’s degraded ecosystems, bringing light to this important aspect of sustainability. This recently adopted international policy highlights the importance of meaningful reparations for the restoration of environmental damage, allowing the environment to return to a healthy, functional state. When implemented on a global scale, the initiative will contribute to an overall maintenance of the state of global natural systems.
One context where restoration is often overlooked, contributing to the decline of ecosystem health is environmental damage in the inter-state-context. Frequently, actions undertaken within the jurisdiction of one state causes harm to the environment beyond its borders. This damage may result either from the actions of state agents or private parties within their territories. Aside from damage resulting from a few particularly hazardous activities, this is a poorly regulated area of international law. At this stage, the lack of a general binding international agreement regulating the subject results in significant uncertainty. This uncertainty is particularly acute regarding the obligation of states to abstain from causing harm to the natural environment beyond their borders and the consequences of its breach. At this point, scholars are even unsure of the concept of damage in international law, and the extent to which it encompasses the natural environment and the notion of environmental values.
This thesis aims to address this gap in international law and assess the obligation of states to abstain from harming the environment of other states. This research should lead to the clarification of the consequences of breaches to the obligation to prevent damage to the natural environment of other states. It should allow the introduction of an up-to-date set of guidelines on adequate forms of addressing breaches to this obligation in international law.
Item Type
ethesis
Thesis Type
PhD
Supervisors
Subjects (LC)
Associated Schools / Departments
School of Law
eprints ID
82942
UoN Repository URI
Except where otherwise noted, this item's license is described as
File(s)![Thumbnail Image]()
Name
Ricardo Campanelle Pletsch - Student ID 14242140 - Thesis for Resubmission .pdf
Type
Full-text
Description
Examined. Reparations for Environmental Damage in International Law: A Comprehensive Approach for a Sustainable Future
Size
2.47 MB
Format
Adobe PDF
Checksum (MD5)
2c427fae880766e9c2e549d71927cdd4