Measuring Environmental Liability

This article looks at the envrionmental law liability in seven developing countries- Brazil, Democratic Republic of Congo, India, Indonesia, Nigeria, Mexico and Philippines. It looks at the scope of resources and class of injuries, what standard of liability applies, who has the standing to file cases, the measure of damages etc in these countries.

A comparison is also made between the developing countries standards and the US legislation and EU’s Environmental Law Directive. Some of the US legislations give elaborate methods for calculating the quantum of damages. They have calculation on ‘ecosystem services’, and tries to look at cost of things beyond just the market value of goods.For example, in US the measure of damages for natural resources typically covers the cost of restoring the resources to baseline conditions, plus the interim loss in value (market and non-market) from the time of the incident until full recovery. In most developing countries, this ‘interim loss’ in value is not taken into account while calculating the damages. Infact it is said that these developing countries are not realizing the full potential of their liability provisions ‘to provide substantial deterrence incentives, restore injured resources, and compensate the public for interim losses.’

@namati_ej, @mustafa_mahmoud @shalomndiku @sonkitaconteh, any legislations/judgments/guidelines you know of, for measuring environmental liability?

2 Likes

Hey @krithikadinesh thanks for sharing this article.

In 2014 Natural Justice and a natural resources economist conducted research on the external costs to be incurred from the loss of ecosystem services as a result of the construction of a large industrial port on the northern coast of Kenya in a town known as Lamu.

It adds to the above comparison by examining practices in Kenya and the USA when it comes to this issue. Furthermore, it was influenced by various legal provisions we relied on to justify the potential violation of the law in the man-made loss of valuable ecosystems.

Kindly email me on shalom@naturaljustice for the full report.

2 Likes