Definition of Transboundary Damage to the Environment per se

Abstract

The paper analyzes the international legal problems of the transboundary damage definition, particularly damage/harm to the environment per se. Currently the existing legal regimes for transboundary damage only marginally offset the costs of preventive measures designed to prevent or mitigate damage to the environment and the cost of its repair or restoration. But the advantage of this approach is to avoid the difficult problem of defining environmental damage and its economic assessment, as this problem – the main reason why most liability regimes do not directly include compensation for the damage to the environment per se.