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International Environmental Adjudication and Compensation Patterns: ICJ, ITLOS, PCA, UNCC and Related Tribunals (1929–2025)

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NIAID Data Ecosystem2026-05-10 收录
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https://data.mendeley.com/datasets/v58s4p786n
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This dataset compiles 55 international environmental adjudications decided between 1929 and 2025, covering proceedings before the International Court of Justice (ICJ), International Tribunal for the Law of the Sea (ITLOS), Permanent Court of Arbitration (PCA), International Centre for Settlement of Investment Disputes (ICSID), UN Compensation Commission (UNCC), the Eritrea-Ethiopia Claims Commission (EECC), and ad hoc bilateral arbitral tribunals. Each record documents whether monetary compensation was awarded, partially awarded, denied, or substituted by declaratory or equitable relief, making this the first cross-tribunal empirical dataset systematically tracking environmental compensation patterns across the full architecture of international adjudication. The dataset addresses a documented gap in international environmental law scholarship: despite the proliferation of environmental disputes before international courts and tribunals, monetary compensation for environmental harm remains exceptional rather than routine. The ICJ formally awarded environmental compensation in only one case, Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), Compensation Judgment, 2 February 2018, the first instance of ecosystem services being valued and compensated at the international judicial level. This dataset situates that landmark judgment within a broader trajectory spanning nearly a century of adjudication. Each of the 55 records contains 18 fields: case name, tribunal type, claimant, respondent, year filed, year decided, environmental issue category, treaty or legal basis, grounds for liability, compensation claimed (USD), compensation awarded (USD), ratio of awarded to claimed (auto-calculated), compensation outcome, valuation method, key causality reasoning, precedent value, and primary source citation. All monetary values are denominated in USD at the time of judgment. No inflation adjustment is applied. The dataset is particularly suited for research on the adjudication gap in environmental reparation, ecosystem services valuation methodology, the regulatory chill effect of investment arbitration on climate and environmental policy, and the doctrinal trajectory of state responsibility for transboundary environmental harm. The UNCC F4 environmental claims programme, which awarded over USD 5.26 billion for Gulf War environmental damage, is comprehensively represented alongside investor-state cases including Vattenfall v. Germany and Burlington Resources v. Ecuador. All cases are sourced exclusively from official tribunal publications. No commercial database summaries have been reproduced. The analytical fields represent original derived analysis by the author and are licensed under CC-BY 4.0.
创建时间:
2026-03-10
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