This case before the International Court of Justice (ICJ) determines the level of compensation for cross-border environmental damages owed to Costa Rica by Nicaragua. It follows a 2015 judgment in favor of Costa Rica in which the ICJ declared that Nicaragua had violated Costa Rica’s territorial sovereignty and was liable to pay reparations for material damage caused, including environmental harm.
In terms of enforcement, by letter dated 22 March 2018, Nicaragua informed the Court that it had transferred the total amount of compensation of US$378,890.59 to Costa Rica on 8 March 2018.
In this landmark case, for the first time the International Court of Justice has determined the level of compensation for cross-border environmental damage. In doing so, the Court also articulated its methodology for arriving at an appropriate level of compensation.
The International Union for Conservation of Nature (IUCN) has noted that this case, “…(m)arks a clear affirmation that environmental damage includes ecosystem services. The Court has recognized the important value of biological diversity and its services. Unfortunately, while the Court rejected the narrower and more traditional valuation method claimed by Nicaragua, it remains unclear as to how the Court arrived at its final compensation award….The case is nonetheless an important precedent for recognizing conservation interests and ecosystem services.”
While this case does not reference human rights, it is a key jurisprudential development in legal protections against environmental harm and provides tools for human rights advocates to advance litigation and advocacy to protect the environment. Other recent cases, including one from the Inter-American Court of Human Rights and one decided by the Colombian Supreme Court, further strengthen progressive environmental rights jurisprudence.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
Last updated on: 8 January 2019