DECLARATION OF JUDGE GEVORGIAN
Environmental damage  No punitive or exemplary damages in international law 
Holistic approach to environmental damage  Burden of proof  Costa Rica’s evidence was not
persuasive  The extent of the damage can be established “as a matter of just and reasonable
inference”, but not the damage itself.
1. I voted in favour of all paragraphs of the dispositif, including the amounts for the
compensation due from the Republic of Nicaragua to the Republic of Costa Rica for environmental

SEPARATE OPINION OF JUDGE BHANDARI
Relationship between compensation and restitution in the present case  Costa Rica chose
compensation as an appropriate method for reparation in the present case  Insufficiency of
evidence submitted by the Parties on the quantification of environmental damage  Necessity to
quantify the damage based on equitable considerations  Relevance of the precautionary
approach  Punitive or exemplary damages are justified where a State has caused serious injury

SEPARATE OPINION OF JUDGE DONOGHUE
Compensation for “pure” environmental damage — Valuation of damage to environmental
goods and services — Unsupported award for the value of restoration of the wetland.
1. I submit this separate opinion in order to set out the reasons for my votes with respect to
compensation for the impairment or loss of environmental goods and services (Judgment,
para. 157 (1) (a)) and restoration costs (ibid., para. 157 (1) (b)).
I. COMPENSATION FOR THE IMPAIRMENT OR LOSS OF ENVIRONMENTAL
GOODS AND SERVICES

SEPARATE OPINION OF JUDGE CANÇADO TRINDADE
Table of contents
I. Prolegomena. ........................................................................................................................... 1
II. The Principle Neminem Laedere and the Duty of Reparation for Damages. ........................... 2
III. The Indissoluble Whole of Breach and Prompt Reparation. .................................................... 3
IV. Duty of Reparation: A Fundamental, rather than “Secondary”, Obligation. ........................... 4