La Corte internazionale di giustizia e il risarcimento del danno ambientale

The article aims to analyze the decision of the International Court of Justice (ICJ) about the case Certain Activities carried out by Nicaragua in the border area (Costa Rica v. Nicaragua) released on 2 February 2018. The decision was a landmark in the jurisprudence of the ICJ, from the one hand, because the ICJ has recognized that environmental damage is compensable under international law; and from the other hand, because for the first time ever it has provided a monetary compensation for environmental damage, claimed in the case at hand by Costa Rica in response to the wrongful activity carried out by Nicaragua in the border area of Isla Portillos. The ICJ basically has accepted the claim of Costa Rica for a compensation, but has reduced consistently the amount required taking into account that the compensation has been awarded in absence of a causal nexus between Nicaragua's wrongful activities and injuries suffered by Costa Rica. The Court has been inaugurated, in the author's opinion, a new approach in determining the amount of an environmental damage, prioritizing in so doing the protection of the environment instead of a conventional rule of judging a claim for compensation.