Heloísa Oliveira (University of Lisbon – Institute of Legal and Political Sciences) has posted The principle of reparation on SSRN. Here is the abstract:
This chapter provides a comprehensive view on the law of environmental damage. The study of reparation duties has been essentially focused on environmental liability which is grounded on the polluter-pays principle. However, a broader analysis allows us to identify multiple reparatory duties arising from regulatory law, private property, and public duties of environmental protection. This leads us to the conclusion that there is a generic legal principle of reparation in environmental law that can be extracted from human rights law and fundamental rights law. The recognition of such a legal principle might provide coherence and completeness to environmental law, as well as a systematic understanding of environmental damage regulation.