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Environmental Damage in International and Comparative LawProblems of Definition and Valuation$
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Michael Bowman and Alan Boyle

Print publication date: 2002

Print ISBN-13: 9780199255733

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199255733.001.0001

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Biodiversity, Intrinsic Value, and the Definition and Valuation of Environmental Harm

Biodiversity, Intrinsic Value, and the Definition and Valuation of Environmental Harm

Chapter:
(p.40) (p.41) 4 Biodiversity, Intrinsic Value, and the Definition and Valuation of Environmental Harm
Source:
Environmental Damage in International and Comparative Law
Author(s):

Michael Bowman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199255733.003.0004

This chapter considers the conceptual framework developed by moral philosophers and environmental ethicists on the question of environmental values, and the extent, if any, to which such analysis has been absorbed into the mainstream of legal developments. Noting that the reparation of damage to species and ecosystems remains a neglected issue, it argues that it is necessary to develop legal principles and procedures which recognize and evaluate not only the harm to human interests from the dimension of biological diversity, but that related to the intrinsic value of elements of the natural world. Although such losses present problems for quantification, these are in principle no more intractable than those which have been overcome in other areas of the law. All life forms should prima facie be accorded equal value and compensation calculated by reference to the diminution in biological diversity occasioned by the conduct in question.

Keywords:   environmental harm, environmental values, reparation, biological diversity, compensation

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