COMPENSATION FOR ENVIRONMENTAL DAMAGE IN INTERNATIONAL LAW

Abstract

The establishment of international civil liability for environmental damage will definitely be
followed by the civil penalties as a result of the violation for the international commitment, whether
this violation relates to the rules of general international law or to the provisions of international
environmental law, the general principle governing civil liability must be to compensate for the
damage done to others by wrongful or unlawful action caused by the one who caused the damage.
Therefore, the availability of the pillars of civil liability for environmental damage, The consequent
effect shall be the creation of the right of the aggrieved person to file a civil action and to claim a
judgment with an appropriate penalty, which might be an in-kind compensation in order to stop
the damages caused by the harmful act and restore the situation to what it was by repairing what
was corrupted by this act, which is called (compensation in-kind),or to be monetary compensation
when the compensation in kind is impossible, then it is called (monetary compensation),or resort
to (consensual) in the case of the impossibility of both monetary and in-kind compensation and
this was endorsed by article 34 of the draft articles on international responsibility for the
internationally wrongful act which was adopted in 2001, saying "The full reparation for the loss
resulting from the internationally wrongful act shall be through restitution, compensation and
consent, either singly or in combination."