Staatenverantwortlichkeit für Schäden an der biologischen Vielfalt

This book comprehensively examines the international law on environmental liability in the field of biodiversity protection and offers solutions to fundamental difficulties in applying the rules on state responsibility to the field of international environmental law. Damage to biodiversity often arises without a typical international delict being committed: the damage is caused by private individuals and occurs outside state sovereign areas or within one’s own sovereignty. Therefore, this book not only analyses international treaties and the scope of compensation that must be paid if environmental damage is caused, but also examines the validity and scope of the so-called ban on inflicting such damage and suggests third countries possibly enforcing this ban on the basis of the erga omnes character of the provisions for the protection of biological diversity. The book also takes into account recent rulings by the International Court of Justice, in particular in the case of pulp mills on the Uruguay River as well as in ITLOS Case No. 17.