Remedial nature and structure of compensation for damages to natural resources owned by whole people
Compensation for damages to natural resources owned by whole people significantly diverges from compensation for ecological and environmental damages.However,in judicial practice,there is a tendency to overlook the inherent distinctiveness of the property value of natural resources.Attempts that seek remedies for the property value of natural resources through litigation for ecological and environmental damages compensation have resulted inan inherent tension between the property value of natural resources and the avenues of redress.To enhance the efficacy of remedies for damages to natural resources owned by whole people,it is advisable to establish a new and distinct category of litigation that should be separated from compensation for ecological and environmental damages.This new category should be operated independently and have a clear focus on providing remedies for private interests.This paper aims to present arguments supporting the necessity and feasibility of delineating litigation concerning damages to natural resources owned by whole people from litigation related to compensation for ecological and environmental damages.This approach follows a logical pathway centered around the principal-agent mechanism of the natural resource assets.Additionally,the paper undertakes a preliminary exploration of topics including eligible plaintiffs,the scope of relief,and the connection with the existing litigation system.
owned by whole peoplenatural resourcesdamage compensationconstruction of remedial procedures
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