Valuation of “pure” environmental damage in Compensation Case (Costa Rica v. Nicaragua), ICJ

Given the importance of the natural environment for human life, any damage and destruction is unreasonable and unacceptable. Being the subject of disagreement among different jurists, the basis of responsibility for environmental damage has been fluctuated between human and the environment. Consequently, the discussion of environmental damages and the necessity to compensate for them has always focused on human beings and any assessment of environmental damage in judicial or arbitration courts has been based on human rights. The International Court of Justice, in its recent judgment in the dispute between Costa Rica v. Nicaragua, for the first time in its history, recognized the notion of "pure environmental damage" and proceeded to assess these damages. The present article, analyzing the judgment of the Court about the concept of “pure” environmental damage and the method of its valuation, through a descriptive-analytic method will conclude that the pecuniary valuation of all dimensions of environmental damage is not so consistent with the reality and the appropriate methods will be proposed.