It is unquestionable that Colombian armed conflicts have had adverse impacts on the natural environment in the country. Current transitional justice mechanisms offer an opportunity to recognize harm and responsibility, establish restorative sanctions and reparations and adopt public policies for the recovery of ecosystems and prevention of further damage. This article focuses on how transitional justice mechanisms, especially the Special Jurisdiction for Peace, have addressed the effects of armed conflicts on the natural environment. Specifically, it analyzes the criminal characterization of environmental degradation, the question of whether amnesties and pardons could be granted for such conducts, precautionary measures and the implementation of restorative sanctions related to the environment. It presents some challenges regarding the preservation of the natural environment due to the persistence of armed conflicts after the 2016 Peace Accord between the government and the FARC-EP guerrillas, and the sustainability of reparations for victims and prevention of further damage. It also sustains that the developments of current transitional justice mechanisms may have significant influence on ongoing and future peace negotiations with other armed groups and the processes for establishing responsibility for environmental damages.

We propose a model of international oligopoly with two countries, two vertically-differentiated goods, and heterogeneous consumers in terms of their willingness to pay for quality. Various sources of pollution are taken into account: consumption, production and the transportation of goods between the two countries. Green persuaded consumers display consumption home bias: they derive additional satisfaction when consuming a domestic good because buying locally abates transportation pollution. We investigate whether consumption home bias effectively curbs global emissions. Finally, we uncover the environmental role played by the globalization of markets.

While the law of State responsibility, particularly the principle of full reparation, provides general guidance for achieving full reparation, it is not quite obvious what kinds of reparation qualify as “full” and how to actualize full reparation. This article centres on the principles, approaches and methods surrounding full reparation for armed conflict-related environmental damage in the law of State responsibility. It examines how the environment is legally defined as an object of protection under international law, and discusses practical challenges in international compensation for wartime environmental damage. In doing so, it ascertains the underlying objective of full reparation, develops an approach to assessing wartime environmental damage, and draws on experiences of international jurisprudence to quantify compensation for wartime environmental damage.

An expert panel formed by Stop Ecocide International has proposed an amendment to the Rome Statute of the International Criminal Court which, if adopted, would create a new international crime of ecocide. However, the panel's proposal is compromised throughout by anthropocentrism in the sense that it places too much emphasis on the needs of humans and not enough on the needs of the environment. It is argued here that this anthropocentric dilution of ecocide resulted from the panel's lack of standing, influence and confidence on the international stage. Its weakness pushed it towards a strategy of producing something palatable to states in the hope of securing their support. That strategy will prove futile. The article considers whether other actors, such as the international courts or experts working in different contexts, might be better placed to design the blueprint for ecocide. It concludes, tentatively, that the International Law Commission remains the architect best positioned to set out a bold vision of ecocide.

On 10 April 2019 the Supreme Court of the United Kingdom delivered judgment in the case of Vedanta v. Lungowe, which concerned the liability of an English company for environmental damage caused by its subsidiary in Zambia. The decision confirms that English parent companies can owe a duty of care to foreign claimants affected by operations of their subsidiaries abroad and that the English courts may have jurisdiction to hear such cases, even when a foreign court is a more appropriate place for the trial. It establishes an important precedent for providing access to justice for foreign claimants in transnational corporate liability litigation. Given the global presence of English companies and the fact that their foreign subsidiaries have been involved in multiple cases of environmental damage in the host states, the decision could give an impetus to future claims being brought in the English courts. Also, the decision opens some interesting possibilities for climate change liability litigation against English parent companies and their foreign subsidiaries, as their cumulative greenhouse gas emissions are likely to be considerably higher than when taken separately, arguably making prospective claims against them more viable.

This article analyzes a general equilibrium growth model with overlapping generations and (production-induced) environmental degradation. Individuals react to environmental damages through mitigation or adaptation. In the former case, they reduce production and its environmental impact. In the latter, they do not tackle the causes of the problem but rather its consequences (i.e., the wellbeing loss due to environmental degradation) by increasing defensive expenditures. Despite its simplicity, the model can generate different long-term outcomes: convergence to a stationary state following a unique trajectory or local/global indeterminacy. In the last scenario, initial conditions (history) and individual expectations matter and the model can generate coordination failures and endogenous fluctuations. Results cast doubt on solutions to environmental problems relying on the role of individual behavior change or adaptation.

Herein we explore the economic value of delaying inevitable environmental damage due to aquatic invasive species, which is a problem especially relevant to tropic and subtropical regions. We developed an analytical framework and tested it using a stated preference survey. The results suggest that delaying the impacts can be valuable. Other tests reveal characteristics of the willingness-to-pay estimates that are consistent with economic theory.

Soils and the underlying permafrost from undisturbed sites and sites that had been disturbed by construction activities at Marble Point and Pram Point in the McMurdo Sound region were sampled from excavated pits and drill cores. Gravimetric moisture (ice) contents and particle size distribution were determined. Volumetric moisture contents were calculated from these results. At undisturbed sites soil moisture contents within the active layer (to c. 60 cm depth) were low and ranged from 0.5% by weight at the soil surface to 10% above the permafrost. The permafrost was generally completely saturated with ice, but sometimes contained considerable excess ice, with ice contents rising as high as 80% by volume. At disturbed sites, soil moisture contents within the active layer were similar to those of the undisturbed sites (generally <10% by weight) but within the permafrost, moisture contents were lower and less variable than in the undisturbed sites, rarely exceeding 20% by weight. The release of considerable quantities of water from the permafrost as a result of land disturbance during construction activities caused stream flows, soil shrinkage, land slumping and salinisation, resulting in significant permanent environmental damage. At Marble Point there has been no significant re-establishment of icy permafrost in the disturbed soils in the 30 years since land disturbance occurred.

International law, both conventional and customary law, has been subject to rapid transformation and crystallization in the last few decades. This is especially the case in the field of international environmental law. Conduct that was not prohibited under international law at the time of initiation can now be characterized as contravening a number of newly and widely recognized principles and norms of international environmental law. Principles that may be said to have gained such wide recognition in international law as well as domestic law, albeit to varying degrees, include the precautionary principle, the polluter-pays principle and the sic utere tuo principle described below. Such principles have been invoked in a wide variety of international disputes with the aim of halting activities undertaken within one state having environmentally injurious transboundary consequences in other states or territories beyond the jurisdiction of any state (e.g., the High Seas).