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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier
Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026
392
THE LIABILITY FOR ENVIRONMENTAL DAMAGE IN THE GLOBAL CLIMATE
CRISIS
ARTEM FILIPPOV
avphill@ukr.net
PhD (Law Sci.), Associate Professor, Doctoral Student, Senior Research Fellow, Department of
International and European Union Law V. M. Koretsky Institute of State and Law of the National
Academy of Sciences of Ukraine
Kyiv (Ukraine) https://orcid.org/0000-0002-9035-144X
ANDRII ANDREIKIV
andreykiw7@gmail.com
PhD (Law Sci.), Doctoral Researcher at the Department of International and European Law
Faculty of Law and International Relations Kyiv University “KAI”
Kyiv (Ukraine) https://orcid.org/0009-0007-0595-7062
ALONA LUKASHENKO
lukashenko.a.2017@gmail.com
Associate Professor of the Department of Administrative Law and Process,
National Academy of Internal Affairs of Kyiv
Kyiv (Ukraine) https://orcid.org/0000-0003-3781-7041
GALYNA MOROZ
galinamoroz888@gmail.com
PhD (Law Sci.), Associate Professor of the Department of Labour, Environmental and Agricultural
Law Educational and Scientific Law Institute Vasyl Stefanyk Carpathian National University
Ivano-Frankivsk (Ukraine) https://orcid.org/0000-0003-3058-939X
OLEKSANDR ALIMENKO
alimenko.alex@gmail.com
PhD (Law Sci.), Senior Researcher at the Center for Nature Reserve Fund and Ecological Network
State Scientific Institution “Institute of Ecological Renovation and Development of Ukraine”
Kyiv (Ukraine) https://orcid.org/0009-0000-0101-4891
Abstract
The article carries out a comprehensive study of the problem of environmental liability in the
context of the global climate crisis, which currently determines the strategic guidelines for the
development of international environmental law. The essence and content of environmental
liability as a systemic tool for legal response to damage caused to the natural environment,
in particular as a result of military actions, is determined. The main trends in the evolution of
legal approaches to ensuring environmental safety and compensation for environmental
damage in national and international law are revealed. Special attention is paid to the issue
of post-war reconstruction of Ukraine, which is considered through the prism of the principles
of sustainable development and “green reconstruction”. The need to integrate environmental
aspects into the strategy for the reconstruction of territories affected by hostilities, using
international mechanisms for control, damage assessment, and financial compensation, is
substantiated. The norms of international air law, in particular the Chicago Convention of 1944
and modern initiatives of ICAO, regulating transboundary emissions, aviation air pollution,
and the participation of states in global climate agreements, are analyzed. It is emphasized
that effective environmental responsibility in modern conditions should encompass not only
classical legal forms (civil, administrative, criminal), but also international legal and quasi-
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
393
judicial responsibility of states and corporations. The results of the study allow us to conclude
that the formation of an integrated system of environmental responsibility is a necessary
condition for achieving environmental justice, ensuring global climate stability, and restoring
the natural balance in the post-war period.
Keywords
Ecological responsibility, climatic crisis, post-war recovery, international air law, ecological
security, constant development.
Resumo
O artigo realiza um estudo abrangente do problema da responsabilidade ambiental no
contexto da crise climática global, que atualmente determina as diretrizes estratégicas para
o desenvolvimento do direito ambiental internacional. São determinados a essência e o
conteúdo da responsabilidade ambiental como ferramenta sistémica para a resposta jurídica
aos danos causados ao ambiente natural, em particular como resultado de ações militares.
São reveladas as principais tendências na evolução das abordagens jurídicas para garantir a
segurança ambiental e a compensação por danos ambientais no direito nacional e
internacional. É dada especial atenção à questão da reconstrução pós-guerra da Ucrânia, que
é considerada através do prisma dos princípios do desenvolvimento sustentável e da
«reconstrução verde». É fundamentada a necessidade de integrar os aspetos ambientais na
estratégia de reconstrução dos territórios afetados pelas hostilidades, utilizando mecanismos
internacionais de controlo, avaliação de danos e compensação financeira. São analisadas as
normas do direito aéreo internacional, em particular a Convenção de Chicago de 1944 e as
iniciativas modernas da ICAO, que regulam as emissões transfronteiriças, a poluição
atmosférica da aviação e a participação dos Estados em acordos climáticos globais. É
enfatizado que a responsabilidade ambiental efetiva nas condições modernas deve abranger
não apenas as formas jurídicas clássicas (civil, administrativa, criminal), mas também a
responsabilidade jurídica internacional e quase judicial dos Estados e das empresas. Os
resultados do estudo permitem concluir que a formação de um sistema integrado de
responsabilidade ambiental é uma condição necessária para alcançar a justiça ambiental,
garantir a estabilidade climática global e restaurar o equilíbrio natural no período pós-guerra.
Palavras-chave
Responsabilidade ecológica, crise climática, recuperação pós-guerra, direito aéreo
internacional, segurança ecológica, desenvolvimento constante.
How to cite this article
Filippov, Artem Andreikiv, Andrii Lukashenko, Alona Moroz, Galyna & Alimenko, Oleksandr (2026).
The Liability for Environmental Damage in the Global Climate Crisis. Janus.net, e-journal of
international relations. Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges, VOL. 16, Nº. 2, TD3, March 2026, pp.
392-409. https://doi.org/10.26619/1647-7251.DT0226.21
Article submitted on 10 December 2025 and accepted for publication on 14 January
2026.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
394
THE LIABILITY FOR ENVIRONMENTAL DAMAGE IN THE GLOBAL
CLIMATE CRISIS
ARTEM FILIPPOV
ANDRII ANDREIKIV
ALONA LUKASHENKO
GALYNA MOROZ
OLEKSANDR ALIMENKO
Introduction
Modern civilization is experiencing a period of profound ecological transformation, caused
by the rapid deterioration of the natural environment and the intensification of the
consequences of the global climate crisis. This process is accompanied by large-scale
ecological, social and economic changes that call into question the sustainability of
humanity's existence on the planet. Environmental responsibility in this context appears
not only as a legal category, but as a systemic indicator of the readiness of the state and
society for conscious coexistence with nature.
In the context of military operations, accompanied by the destruction of ecosystems,
pollution of air, soil and water resources, the problem of environmental responsibility
acquires particular importance. The war in Ukraine has led to an unprecedented level of
environmental damage, which has affected both the national and global ecological
balance. The destruction of industrial facilities, forest fires, air pollution by combustion
products, leakage of chemical substances and destruction of infrastructure have created
a new reality in which environmental safety has become a component of national security.
The post-war reconstruction of Ukraine requires a fundamentally new approach to
environmental policy planning. It is not only about eliminating the consequences of
environmental crimes, but also about building a system of “green” development, based
on the principles of sustainability, resource efficiency and climate neutrality. In this
process, it is important to integrate international legal standards of environmental
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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
395
responsibility, in particular the norms of international air law that regulate anthropogenic
impacts on the atmosphere and transboundary pollution.
It is worth noting that the international community is increasingly considering climate
responsibility in a broader context – as a moral and legal obligation of states, corporations
and citizens to future generations. In this sense, environmental responsibility goes
beyond the classical legal mechanism and turns into a multi-level risk management
system that includes legal, economic, technical and ethical tools.
The relevance of the topic is due to the need to find effective forms and mechanisms of
environmental responsibility in the context of growing climate challenges, Ukraine's
integration into the European legal space, and the implementation of national post-war
recovery strategies. It is important to determine the limits of legal liability for
environmental damage caused by military activities, as well as to harmonize legal
approaches with international environmental protection standards.
Literature review
The problem of environmental liability of states and business entities for environmental
damage is the subject of active scientific discussion in domestic and foreign legal,
environmental and economic science. Modern research focuses on defining the essence
of environmental liability, its role in the system of environmental law, mechanisms for
implementing compensation for damage caused, and the development of models of
sustainable environmental restoration in the context of the climate crisis.
Foreign authors Tahir et al. (2024), Kalfagianni and Young (2022) and Coelho et al.
(2023) consider environmental liability through the prism of international environmental
law, which is formed on the basis of the principles of “polluter pays” and “harm
prevention”. Their works emphasize that the effective implementation of these principles
is key to ensuring environmental justice on a global scale.
Researchers Atadoga et al. (2024), Achmad and Yulianah (2022) emphasize that the
modern concept of environmental responsibility is increasingly becoming global in nature,
since environmental damage has a transboundary impact and requires collective efforts
of states to prevent it. International climate agreements play a special role in this
process: United Nations Framework Convention on Climate Change (United Nations,
1992b). Kyoto Protocol this the United Nations Framework Convention on Climate Change
(United Nations, 1997) and Paris Agreement (United Nations, 2015), which define the
legal framework for the responsibility of states for the climate consequences of their
activities.
Domestic scientists Dolynska et al. (2023), Sydorova et al. (2024) and Markevych et al.
(2022) examine environmental liability in the context of the development of the national
system of environmental law in Ukraine. They emphasize the need to modernize the
legislation in accordance with European standards, in particular Directive 2004/35/ EC
(European Parliament & Council, 2004), which introduces the principle of full
compensation for environmental damage.
In recent years, scientific works have been actively developing the concept of
international legal responsibility of states for environmental offenses, including those
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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
396
related to military activities (Kooijman, 2023; Minkova, 2023). Researchers point out
that the destruction of the natural environment during armed conflicts is not only a
humanitarian but also an ecological catastrophe, which requires the creation of special
mechanisms for assessing damage and reparations.
In this context, considerable attention is paid to the issue of post-war ecological
restoration. European and Ukrainian studies by Alieksieienko et al. (2023), Pereira et al.
(2022) and Solokha et al. (2023) propose an approach according to which environmental
restoration after armed conflicts should be carried out according to the principles of the
“green transition” – with the integration of environmental, energy and climate goals. It
is emphasized that environmental responsibility in the post-war period should include not
only a compensatory, but also a restorative component aimed at the sustainable
development of territories.
A significant body of scientific work concerns international air law as a component of the
environmental regulation system. In the works Rahn et al. (2024), Ekici and Sohret
(2021) and Balli and Caliskan (2021) consider the environmental aspects of aviation
activities, in particular emission control mechanisms and the CORSIA implementation and
market-based program measures (2022), developed by EASA (2022). The researchers
note that international air law is increasingly integrated into the global climate
governance system, forming the legal framework for reducing the impact of aviation on
the atmosphere.
Ukrainian experts Ovdiienko et al. (2021) and Smerichevskyi and Gura (2021) emphasize
that Ukraine's inclusion in international aviation and climate programs is an important
condition for fulfilling its obligations within the framework of the European Green Deal
(European Commission, 2019, 2024). At the same time, the issue of legal liability for
transboundary air pollution becomes particularly relevant in conditions of martial law,
when the level of technogenic risks increases.
Foreign studies by Amorim-Maia et al. (2022) and Sardo (2023) also focus on the
formation of principles of climate justice – a concept that assumes equal responsibility of
states and corporations for the climate consequences of activities, as well as the need
for legal protection of environmental human rights.
Thus, the analysis of scientific literature shows that the problem of environmental
responsibility is considered in world science as a multi-level phenomenon, covering legal,
political, economic and ethical aspects. In the conditions of post-war reconstruction of
Ukraine, the issue of determining the volume of environmental damage, establishing
responsibility for its infliction and developing mechanisms for environmental restoration
becomes key in the process of integrating the state into the European and international
legal space.
Materials and methods
The research is of a theoretical and analytical nature and is aimed at identifying
methodological principles, trends and legal mechanisms for the formation of a system of
environmental responsibility in the context of the global climate crisis. The main focus is
on the analysis of the conceptual foundations of environmental law, international
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
397
regulations, approaches to compensation for environmental damage, as well as on
substantiating the model of environmentally oriented post-war recovery of Ukraine.
In the process of work, the methods of theoretical analysis, synthesis, comparison,
induction, deduction, systematization and generalization of scientific and regulatory
sources were used, which allowed to identify the regularities of the development of the
institute of environmental responsibility and determine the main directions of its
evolution in the modern international legal space. The application of the comparative
legal method made it possible to compare the provisions of the national environmental
legislation of Ukraine with European directives and international agreements in the field
of environmental protection.
Analysis of scientific works by Ukrainian and foreign researchers has shown that effective
environmental responsibility requires the integration of legal, economic, managerial and
ethical aspects, which ensure the transition from a punitive to a restorative model of
environmental law. Such an approach makes it possible to combine the principles of
“polluter pays” and “environmental justice”, which is the basis for the formation of
international environmental policy.
A comparative study of international acts was carried out according to the criteria of legal
regulation of environmental responsibility, determination of subjects of obligations,
compensation mechanisms and control over the implementation of environmental norms.
The results obtained showed that the most effective are systems that combine national
regulation with international monitoring and financial instruments (quotas, funds, climate
compensations).
The study theoretically substantiates the concept of post-war ecological restoration as a
component of the state policy of sustainable development. Its key components are
identified as:
– legal consolidation of the obligation of the aggressor state to compensate for
environmental damage;
– creation of a national register of environmental crimes;
– introduction of a system for assessing environmental damage taking into account
international standards;
– development of “green” technologies and renewable energy in the process of territorial
reconstruction.
To describe the functioning of the environmental liability system, systemic and structural-
functional approaches were used, which made it possible to determine its main legal
functions: preventive, aimed at preventing environmental damage by controlling
environmentally hazardous activities; restorative, which involves compensation and
restoration of natural resources after their degradation; regulatory, aimed at establishing
legal norms and standards of environmental behavior; integration, to ensure interaction
between national and international environmental institutions.
During theoretical modeling, a general framework for environmental responsibility was
developed, which includes four key components:
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VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
398
1. Regulatory and legal – international agreements, laws, codes and by-laws.
2. Institutional – state bodies, international environmental courts, etc.
3. Procedural – the procedure for assessing, investigating, and compensating for
environmental damage.
4. Socio-ethical – the formation of environmental awareness, a culture of responsibility
and climate justice.
The results obtained confirm that the formation of an effective system of environmental
responsibility is not only a legal, but also a civilizational process that determines the
future of the sustainable development model. Such a system should combine legal norms,
economic incentives and moral and ethical principles of environmental protection,
ensuring a harmonious balance between the needs of society and the capabilities of the
planet.
Results
The results of the study indicate that the evolution of environmental responsibility is not
only a process of updating legal norms, but also a manifestation of a deep worldview
transformation that encompasses all levels of social development – from institutional to
value. There is a transition from an anthropocentric paradigm, within which nature was
considered as a resource for satisfying human needs, to an ecocentric model, in which
nature is recognized as an independent value, and human activity is only one of the
factors of the global ecosystem.
While in the twentieth century environmental regulations performed a supporting
function, aimed mainly at regulating industrial or economic activities, in the twenty-first
century they have become a central element of the global security system, on a par with
economic, energy and political factors. This shift in the role of environmental law is due
to a number of factors, the key ones being:
1. Awareness of the inevitability of climate change caused by anthropogenic influence,
which requires new approaches to preventing environmental disasters.
2. Institutionalization of international environmental law, which goes beyond national
systems and forms supranational mechanisms of influence and control.
3. Development of international cooperation and a system of collective responsibility
based on the Paris principles Agreement (2015) and The Glasgow Climate Pact (UNFCCC,
2021), which define common but differentiated responsibilities of states in the field of
climate policy.
Thus, environmental responsibility ceases to be an exclusively legal category, acquiring
the status of a global ethical and civilizational concept that determines the nature of
humanity's interaction with the natural environment.
The analysis revealed that the transition from a punitive to a restorative model is
accompanied by a change in goals, tools and mechanisms of influence. If earlier the main
task of law was punishment for the harm caused, today the emphasis is shifted to
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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
399
preventing environmental risks, managing climate processes and ensuring the long-term
sustainability of natural systems, which is reflected in Table. 1.
Table 1. Evolution of environmental responsibility models
Comparison criterion
Punitive model (20th
century)
Regenerative model (21st
century)
Main goal
Punishment of the violator,
elimination of consequences
Compensation for damage, prevention
of environmental risks
Legal basis
National environmental
legislation, criminal
provisions
International agreements, sustainable
development principles, ESG standards
Mechanisms of influence
Fines, administrative
sanctions, prosecution
Environmental funds, carbon markets,
climate quotas, compensation
programs
Subjects of responsibility
Enterprises, individuals,
government agencies
States, corporations, international
alliances, global environmental
institutions
Control tools
Environmental inspections,
local checks
International audits, satellite
monitoring, digital databases (UNEP,
IPCC, ESA)
Expected result
Elimination of the
consequences of the violation
Reducing environmental risks,
increasing the resilience of systems
and the environmental culture of
society
Source: compiled by the author based on United Nations (2015), UNFCCC (2021), European
Parliament & Council (2004) and ICAO (2016)
As can be seen from the table, in the twenty-first century there is a shift in emphasis
from reactive to preventive mechanisms. Environmental liability is viewed not as the final
stage of a crime, but as a risk management tool aimed at preventing crises that could
have catastrophic consequences for the biosphere and humanity.
A comparative analysis of international documents (1972-2024) showed that the number
of regulatory legal acts that use the term “environmental responsibility” or “climate
liability”, increased by more than 8 times (Table 2).
Figure 2 shows the dynamics of the growth of the number of international legal acts
containing provisions on environmental or climate responsibility. The graph demonstrates
the exponential nature of the development: if in the 1970s and 1980s mainly declarative
documents were adopted, aimed at forming general principles of environmental
protection (United Nations, 1972), then since the 1990s there has been an
institutionalization of international environmental law.
In the 1990s and 2000s, a contractual framework for global climate policy was formed,
establishing specific mechanisms for control, financing, and reporting.
This trend indicates a gradual transition from the declarative to the operational level of
legal regulation: environmental responsibility is acquiring a financial and economic
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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
400
dimension through the creation of climate funds, carbon markets, and emission
compensation mechanisms.
Thus, global environmental policy is evolving from principles of moral appeal to a
structured system of obligations that integrates states, corporations, and international
institutions.
Table 2. Dynamics of development of international legal acts on environmental liability
(1972–2024)
Period
Number of
adopted acts
Key documents
1970–1989
12
Stockholm Declaration (1972), Convention on Long range
Transboundary Air Pollution (1979)
1990–1999
25
Rio Declaration on Environment and Development (1992), Kyoto
Protocol this the United Nations Framework Convention on Climate
Change (1997)
2000–2009
34
Johannesburg Declaration on Sustainable Development (2002),
Directive 2004/35/EC of the European Parliament and of the
Council (2004)
2010–2019
61
Paris Agreement (2015),
The European Green Deal (2019)
2020–2024
97
The Glasgow Climate Pact (2021), COP28 Outcomes Summary
(2023), European Commission (Net-Zero Industry Act, 2024)
Source: compiled by the author based on UNFCCC (2021; 2023), UNECE (1979), United Nations
(1972; 1992a;1997; 2002; 2015), European Parliament & Council (2004), European Commission
(2019, 2024), ICAO (2016), UNEP (2023)
Figure 1. Dynamics of development of international legal acts in the field of environmental
responsibility (1972–2024)
Source: compiled by the author
As shown in Figure 1, the dynamics demonstrate an exponential growth in the number
of international agreements in the field of environmental responsibility.
From 12 documents in the 1970s and 1980s, the number of acts increased to 97 in 2020s
and 2024, which means an increase of more than 700% over half a century. It is
0
10
20
30
40
50
1970–1989
2000–2009
2020–2024
Number of documents
Declarations
Agreements / conventions
EU directives/policies
Climate strategies/action plans
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The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
401
noteworthy that the structure of the documents has also changed: if in the 1970s
declarations of a general nature prevailed (75%), then in the 2020s more than 40% of
the documents are of a contractual and binding nature, and about 30% are of a strategic
and political nature, aimed at the implementation of climate neutrality. These data
indicate that the international community is gradually moving from a moral and
declarative to a normative and binding paradigm, where environmental responsibility has
not only ethical, but also legal and economic content. Thus, in the twenty-first century,
environmental responsibility is transforming from a legal instrument of punishment into
a comprehensive mechanism for managing global risks, integrated into financial markets,
sustainable development policies, and the international climate governance system.
The trends of the global transformation of environmental responsibility identified in the
study are directly reflected in the national context of Ukraine, which, after the beginning
of the armed aggression, faced an unprecedented scale of environmental losses. If at the
global level there is a shift in emphasis from punishment to prevention, then in Ukrainian
realities this logic acquires a concrete dimension – the transition from fixing the
consequences of military actions to the formation of a system of ecological restoration
based on the principles of restorative justice. The analysis made it possible to determine
that the environmental consequences of the war in Ukraine are multi-level in nature:
– local: soil contamination with heavy metals, petroleum products, explosive residues;
– regional: destruction of aquatic ecosystems, degradation of forests and protected
areas;
– global: increased emissions of greenhouse gases and toxic aerosols due to mass fuel
combustion, which causes transboundary atmospheric pollution.
In this context, environmental responsibility acquires an international legal character,
since it concerns not only domestic violations of environmental legislation, but also
environmental crimes that have global consequences for the climate stability and
ecological security of the region. As a result of the study, a conceptual model of
environmentally oriented post-war recovery was developed, which involves a
combination of legal, institutional and technological mechanisms of environmental
responsibility (Table 3).
Of particular note is the integration of the principles of international air law into the
process of environmental recovery. Aviation is one of the key sectors where a new logic
of environmental responsibility is being formed. In this context, the International Aviation
Emissions Compensation and Reduction System, introduced by ICAO (1944), plays an
important role, providing for the purchase of carbon quotas by air carriers to neutralize
their emissions.
The use of similar mechanisms in Ukraine after the end of the war could become an
innovative direction of “green recovery” of aviation infrastructure, where the
reconstruction of airports and the restoration of air traffic will be accompanied by the
implementation of sustainable development standards and monitoring of environmental
impacts.
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VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
402
Table 3. Conceptual model of ecologically oriented post-war recovery
Direction
Content
Expected result
Legal
Development and implementation of mechanisms to
hold the aggressor state accountable for
environmental damage in accordance with
international law. Use of the provisions of the 1944
Chicago Convention on the safety of airspace and the
protection of the environment from pollution by
aviation activities.
Creation of an
internationally recognized
system of compensation
for environmental
damage.
Institutional
Formation of the National Register of Environmental
Damages, integrated into the databases of UNEP,
ICAO, IPCC. Providing an evidentiary base for legal
proceedings and transparent distribution of funding.
Increasing trust in
international
environmental processes,
effective monitoring.
Technological
Introduction of “green” technologies, development of
environmentally friendly aviation, use of biofuels,
digital monitoring systems for emissions and
atmospheric pollution.
Environmental restoration
based on the principles of
sustainable development,
reducing the carbon
footprint.
Source: compiled by the author
Figure 2 presents a structural and functional diagram of the interrelationships of the
elements of environmental responsibility in the post-war reconstruction of Ukraine, which
demonstrates the systemic interaction of three interconnected blocks: legal, institutional,
and technological. Together, they form the framework of post-war environmental
responsibility of Ukraine in the context of the global climate crisis.
At the top of the system is a global ecocentric paradigm that defines the methodological
basis of the study: nature is viewed not as a resource, but as a value. Law, in turn, is
presented as a mechanism for ensuring its security.
The legal block is based on international humanitarian, environmental, and air law. It
provides for the creation of mechanisms to hold the aggressor state accountable, record
environmental war crimes, and develop mechanisms for compensation for environmental
damage, including through a special international compensation fund.
Chicago plays a key role in this block. Convention (ICAO, 1944) and the CORSIA system
(ICAO, 2016), which form the framework for regulating air pollution and controlling
emissions in the aviation sector.
World Bank databases. Environment Situation Room, Data Distribution Center and
CORSIA Central Registry. This block aims to create a transparent system of reporting
and data use in international legal proceedings. It acts as a link between legal obligations
and the practical implementation of environmental policy.
The technological block covers the implementation of the principles of “green recovery”,
in particular the introduction of renewable energy sources, environmentally friendly
aviation, digital systems for monitoring air, water and soil pollution. This block ensures
the transformation of environmental responsibility into a practical plane of sustainable
development.
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Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
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All three blocks are combined into a common mechanism that ensures sustainable
ecological recovery of Ukraine, focused on achieving climate neutrality, restoring natural
ecosystems, and preventing future environmental disasters.
Figure 2. Structural and functional diagram of the interrelationships of elements of
environmental responsibility in the post-war reconstruction of Ukraine
Source: compiled by the author
The presented structural and functional scheme shows that environmental responsibility
in the post-war period cannot be limited to fixing damage only – it must become an active
tool for managing restoration. Its successful implementation is possible only if legal and
technological mechanisms are combined in a single system of environmental governance.
The key features of this system are:
1. International legitimacy – participation of international organizations in monitoring,
auditing, and financing recovery.
2. Transparency and evidence – digital platforms for collecting environmental data and
open monitoring databases.
3. Innovation – use of clean energy technologies, autonomous monitoring, and
bioengineering solutions.
4. Justice – the “polluter pays” principle applies to the aggressor state and entities that
have caused environmental damage.
In such a system, the post-war reconstruction of Ukraine becomes a model of a new
generation of environmental law, which combines the principles of restoration,
compensation, and prevention, ensuring a balance between human security and the
security of nature.
Global environmental responsibility (ecocentric paradigm)
LEGAL UNIT
INSTITUTIONAL UNIT
TECHNOLOGICAL UNIT
International law, war
crimes, compensation
National Damage
Register, integration of
UNEP, ICAO, IPCC
Green technologies
(clean energy, biofuels,
monitoring)
SUSTAINABLE ECOLOGICAL RECOVERY OF UKRAINE
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Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
404
Discussion
The problem of environmental responsibility in the context of the global climate crisis
goes beyond the boundaries of traditional legal regulation, acquiring a complex political,
economic and ethical dimension. The results of the study confirm that the modern system
of environmental law is undergoing a profound transformation – from a punitive and
repressive to a restorative and managerial model. In this process, environmental
responsibility is considered not only as a legal instrument of punishment, but as a
mechanism for ensuring the sustainability of ecosystems and social justice.
A comparative analysis of international approaches has shown that most EU and North
American countries have already moved to an integrated model of “environmental
management”, in which responsibility is based on the principles of transparency,
partnership and prevention. Ukraine is at the stage of active formation of this system.
After the start of armed aggression, the environmental dimension of security acquired
strategic importance – the war revealed the vulnerability of the natural environment as
a component of national security. According to UNDP (2023) and the Ministry of
Environmental Protection and Natural Resources of Ukraine (2024), more than 30% of
the country's territory has been subjected to various forms of environmental pollution,
which requires the creation of new legal and technological mechanisms for restoration.
The conceptual model of post-war ecological recovery developed in the study is consistent
with the approaches of international institutions and demonstrates that an effective
system of responsibility should include three interrelated components: legal, institutional
and technological. Their integration provides the opportunity not only to compensate for
losses, but also to form a new culture of environmental management, focused on risk
prevention.
The legal aspect, which involves holding the aggressor state accountable, faces a number
of practical and political challenges. As an analysis of international experience shows, the
legal recognition of environmental war crimes is still fragmentary (Rahn et al., 2024;
Balli & Caliskan, 2021). At the same time, Ukraine is setting a precedent that could
become the basis for expanding the jurisdiction of the International Criminal Court in the
field of environmental crimes. This opens up the prospect of forming a new approach to
climate justice, where state responsibility for environmental damage is considered as
part of restoring the global ecological balance.
The institutional component of the creation of a National Register of Environmental
Damage – is key to ensuring the evidentiary basis in legal proceedings and transparent
distribution of compensation. Similar initiatives were successfully implemented in Croatia
and Bosnia and Herzegovina after the wars of the 1990s. However, the Ukrainian
approach is more innovative due to digital integration with international databases, which
allows for global verification of damage and access to climate funds.
The technological dimension of environmental responsibility is linked to the
implementation of the principles of green recovery, where priority is given to the
introduction of environmentally friendly technologies, clean energy, the disposal of
military waste and the restoration of natural ecosystems. This is consistent with the
European Commission (Net-Zero Industry Act, 2024) and the Paris Agreement (United
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e-ISSN: 1647-7251
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 392-409
The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
405
Nations, 2015), which define the shared responsibility of states for reducing greenhouse
gas emissions.
Despite significant progress, Ukrainian practice remains fragmented, especially in the
areas of inter-agency coordination, damage assessment, and financing of ecological
restoration projects. Existing donor assistance programs are mostly focused on
humanitarian or infrastructure goals, while the ecological component requires a
specialized funding mechanism.
Thus, the results of the study indicate that environmental responsibility in the twenty-
first century is becoming a strategic factor in state policy and a component of
international security. For Ukraine, this process has a dual significance, as a mechanism
for environmental restoration after the war, and as a tool for integration into the global
climate governance system.
A promising direction for further research is the development of a single national strategy
for environmental responsibility, which will combine legal, institutional and technological
components into a single digital ecosystem. Such an approach will ensure a sustainable
and just transition to a climate-neutral economy, strengthening Ukraine's international
image as a state that is forming a new culture of responsibility – not only legal, but also
moral, towards future generations.
Conclusions
The study confirmed that environmental responsibility in the twenty-first century is
taking on a systemic and multidimensional character, becoming a key element of global
climate policy. It is transforming from a punitive instrument into a mechanism for
environmental risk management that integrates the legal, economic, institutional and
technological foundations of sustainable development.
The evolution of the concept of environmental responsibility indicates a transition from
an anthropocentric to an ecocentric paradigm of thinking, where nature is viewed not as
a resource, but as an equal subject of ecosystem interaction. This shift is reflected in the
content of international documents, which increasingly provide not only for punishment
for damage caused, but also for the restoration of natural systems and the prevention of
new environmental disasters.
An analysis of the dynamics of international legal acts (1972–2024) has shown an
exponential growth in the number of agreements enshrining the principles of
environmental or climate responsibility. This trend indicates a transition from a
declarative to an operational level of regulation, where environmental norms become
part of the international security architecture.
The post-war context of Ukraine creates unique conditions for a practical rethinking of
the principles of environmental responsibility. Large-scale environmental damage caused
by armed aggression requires the formation of a system capable of simultaneously
ensuring legal prosecution of perpetrators, objective assessment of damage, and
implementation of long-term environmental restoration programs. In this context,
environmental responsibility acquires not only a national, but also an international legal
dimension, since it concerns environmental crimes with transboundary consequences.
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The Liability for Environmental Damage in the Global Climate Crisis
Artem Filippov, Andrii Andreikiv, Alona Lukashenko, Galyna Moroz, Oleksandr Alimenko
406
International air law plays a growing role in shaping the modern system of environmental
liability, especially in aspects related to atmospheric pollution, aviation emissions, and
ensuring the safety of airspace during military operations. Chicago Norms The Convention
and the supporting documents of the International Civil Aviation Organization establish
a legal framework for monitoring the impact of aviation activities on the climate and for
redressing environmental damage (ICAO, 1944). This demonstrates the integration of
international air law into global environmental policy, strengthening interstate liability
mechanisms.
The conceptual model of ecologically oriented post-war recovery proposed in the study
combines three components – legal, institutional and technological. Their synergy creates
the basis for building an effective system of environmental responsibility, which can
become part of the broader European climate architecture.
An effective environmental policy of Ukraine in the post-war period should be based on
the following principles: the rule of international law, transparency and demonstrability
of compensation for damages, digital integration of national environmental registers into
international monitoring systems, as well as alignment with the goals of the Paris
Agreement and the European Green Deal.
Thus, environmental responsibility in the twenty-first century becomes an indicator of
the civilizational maturity of the state, its ability to act within the framework of global
environmental ethics. For Ukraine, this approach has a dual meaning: as a mechanism
for post-war environmental restoration and as a tool for integration into the system of
international environmental and air law, which forms new standards of justice, security
and sustainable development.
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