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To repair or not to repair: What are the questions?

In: Research Handbook on International Law and Environmental Peacebuilding

Author

Listed:
  • Giulia Pinzauti
  • Merryl Lawry-White

Abstract

This chapter engages with the question of how reparation and the process of seeking and awarding a remedy can represent opportunities for cooperation between former conflict protagonists. It starts with an analysis of the intersection between reparation for environmental damage and peacebuilding, including the synergies and tensions between them. It then examines the place of courts and other institutions in adjudicating reparation claims for environmental damage, including within the context of environmental peacebuilding. The chapter argues that reparation can play an important role in fostering cooperation and participation in peacebuilding processes, provided that two conditions are fulfilled. First, such measures must be carefully designed and tailored to address the particularities of the situation. Second, expectations about what reparation can achieve must be carefully managed to prevent frustration leading to grievances that undermine the peacebuilding process. It concludes with a call for an integral approach to reparation in peacebuilding processes.

Suggested Citation

  • Giulia Pinzauti & Merryl Lawry-White, 2023. "To repair or not to repair: What are the questions?," Chapters, in: Daniëlla Dam-de Jong & Britta Sjöstedt (ed.), Research Handbook on International Law and Environmental Peacebuilding, chapter 12, pages 253-276, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:19258_12
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    File URL: https://www.elgaronline.com/doi/10.4337/9781789906929.00020
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