Guarantees of Non-Repetition and the Future of Transboundary Harm: Lessons Flowing from the Montara Oil Spill
Prihandono, Iman
This article is about state responsibility and its unique interaction with environmental law. While remedies in the main are reparative in nature, the ‘guarantees of non-repetition’ are qualitatively distinct, intended to prevent recurrence of a breach and, as such, this remedy brings added value to environmental law. Utilizing the Montara oil spill as a conceptual testing ground, this article argues that the future-oriented guarantees of non-repetition create an untapped opportunity for an inju