Determination and assessment of environmental damage
DOI:
https://doi.org/10.46735/raap.n81.907Keywords:
Environmental damage, damage assessment, international jurisprudenceAbstract
The assessment of environmental damage is the key element in the system of environmental responsibility. Only through the valuation of damage is possible to obtain effective redress the same. Legal analysis of this concept made in this article, draws attention that neither international law nor the Spanish legislation has provided a valuation rules or environmental damage, leading to this important question has been the discretion of the judicial interpretation, a situation particularly delicate, since in the field of justice, the judge finds problems in most of the time when second to quantify the environmental damage as evidenced in the study of international jurisprudence that has been done.