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Questions and Answers
What principle has been enshrined in case law, stating that any breach of an obligation entails an obligation to make reparation for the damage suffered?
What principle has been enshrined in case law, stating that any breach of an obligation entails an obligation to make reparation for the damage suffered?
- The principle according to which any breach of an obligation entails an obligation to make reparation for the damage suffered (correct)
- The principle of good faith
- The principle of due diligence
- The principle of state responsibility
Which international court has played a significant role in establishing principles of international environmental law?
Which international court has played a significant role in establishing principles of international environmental law?
- International Court of Justice (correct)
- International Criminal Court
- European Court of Human Rights
- World Trade Organization
What is the primary characteristic of customary law in the environmental field?
What is the primary characteristic of customary law in the environmental field?
- It is a binding treaty
- It is general in nature and supplements conventional rules (correct)
- It is only applicable to developed countries
- It is a precise and specific framework
What is the purpose of establishing international environmental law principles?
What is the purpose of establishing international environmental law principles?
What is the current status of the development of general principles of international environmental law?
What is the current status of the development of general principles of international environmental law?
Which principle has been enshrined in case law, stating that a state should not abuse its rights and should act in good faith?
Which principle has been enshrined in case law, stating that a state should not abuse its rights and should act in good faith?
What is the role of the judge or arbitrator in relation to customary rules?
What is the role of the judge or arbitrator in relation to customary rules?
What is the nature of the development of customary rules in the environmental field?
What is the nature of the development of customary rules in the environmental field?
What is established as customary in the Pulp Mills on the River Uruguay case?
What is established as customary in the Pulp Mills on the River Uruguay case?
What is the fundamental principle in the prevention of pollution of the marine environment according to the Convention of Montego Bay?
What is the fundamental principle in the prevention of pollution of the marine environment according to the Convention of Montego Bay?
What is the obligation of states in a transboundary context, according to the Pulp Mills on the River Uruguay case?
What is the obligation of states in a transboundary context, according to the Pulp Mills on the River Uruguay case?
What is the obligation that arises from the duty to pay sufficient attention to the rights of other States and the imperatives of conservation?
What is the obligation that arises from the duty to pay sufficient attention to the rights of other States and the imperatives of conservation?
What is the principle of cooperation in environmental matters, as stated in the Rio Declaration?
What is the principle of cooperation in environmental matters, as stated in the Rio Declaration?
What is the link between the obligation to prevent harm and the obligation to cooperate, according to the Pulp Mills case?
What is the link between the obligation to prevent harm and the obligation to cooperate, according to the Pulp Mills case?
What is the obligation of states in relation to environmental impact assessments, according to customary international law?
What is the obligation of states in relation to environmental impact assessments, according to customary international law?
What is the source of international law that confirms the customary character of the obligation to cooperate?
What is the source of international law that confirms the customary character of the obligation to cooperate?
What is the principle of cooperation in the implementation of sustainable development, as stated in the Rio Declaration?
What is the principle of cooperation in the implementation of sustainable development, as stated in the Rio Declaration?
What is the principle that requires States to pay sufficient attention to the rights of other States and the imperatives of conservation?
What is the principle that requires States to pay sufficient attention to the rights of other States and the imperatives of conservation?
What is the consequence of the obligation to cooperate in the prevention of pollution of the marine environment?
What is the consequence of the obligation to cooperate in the prevention of pollution of the marine environment?
What is the obligation of states in relation to transboundary harm, according to customary international law?
What is the obligation of states in relation to transboundary harm, according to customary international law?
What is the relationship between the obligation to cooperate and the prevention of transboundary harm?
What is the relationship between the obligation to cooperate and the prevention of transboundary harm?
What is the principle of due diligence in relation to environmental impact assessments, as established in the Pulp Mills on the River Uruguay case?
What is the principle of due diligence in relation to environmental impact assessments, as established in the Pulp Mills on the River Uruguay case?
What is the principle that requires States to take all necessary measures to prevent harm to the environment?
What is the principle that requires States to take all necessary measures to prevent harm to the environment?
What is the principle of state responsibility in relation to environmental damages, as established in customary international law?
What is the principle of state responsibility in relation to environmental damages, as established in customary international law?
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Study Notes
General Principles of International Environmental Law
- The principle of prohibition of abuse of rights and the principle of good faith have been established in case law, including ICJ cases such as Chorzow Plant (1928) and Nuclear Tests (1974).
- The principle that any breach of an obligation entails an obligation to make reparation for the damage suffered has been established in the Factory at Chorzow case (1927).
International Custom
- The development of a customary rule is long and uncertain, and cooperation in the environmental field must be established on a precise basis.
- Customary law is general in nature and supplements conventional rules, and judges or arbitrators may rely on customary rules in the absence of conventional rules.
- Customary rules have been clarified through litigation, although some grey areas remain.
Obligation Not to Cause Damage to the Environment of Other States
- There is a customary obligation not to cause damage to the environment of other States.
- This obligation includes the duty to carry out an environmental impact assessment in a transboundary context, as established in the Pulp Mills on the River Uruguay case.
- This obligation was confirmed in the joined cases between Costa Rica and Nicaragua (2015).
Duty to Cooperate
- The duty to cooperate in environmental matters is a customary principle, as established in Principle 7 of the Rio Declaration (1992) and Principle 27 of the Rio Declaration (1992).
- The obligation to cooperate has been confirmed in case law, including the ICJ Judgment in the United Kingdom v. Iceland case (1974) and the ITLOS Order in the Usine Mox case (2001).
- The duty to cooperate is linked to the obligation to prevent harm, as established in the Pulp Mills case.
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