24 Questions
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
Which international court has played a significant role in establishing principles of international environmental law?
International Court of Justice
What is the primary characteristic of customary law in the environmental field?
It is general in nature and supplements conventional rules
What is the purpose of establishing international environmental law principles?
To ensure cooperation among states for environmental protection
What is the current status of the development of general principles of international environmental law?
Under development by the International Law Commission
Which principle has been enshrined in case law, stating that a state should not abuse its rights and should act in good faith?
The prohibition of abuse of rights and the principle of good faith
What is the role of the judge or arbitrator in relation to customary rules?
To rely on customary rules in the absence of conventional rules
What is the nature of the development of customary rules in the environmental field?
Long and uncertain
What is established as customary in the Pulp Mills on the River Uruguay case?
Obligation to carry out an environmental impact assessment when the proposed industrial activity is likely to have a significant adverse impact in a transboundary context
What is the fundamental principle in the prevention of pollution of the marine environment according to the Convention of Montego Bay?
The obligation to cooperate
What is the obligation of states in a transboundary context, according to the Pulp Mills on the River Uruguay case?
To carry out an environmental impact assessment when the proposed industrial activity is likely to have a significant adverse impact
What is the obligation that arises from the duty to pay sufficient attention to the rights of other States and the imperatives of conservation?
Cooperation
What is the principle of cooperation in environmental matters, as stated in the Rio Declaration?
States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem
What is the link between the obligation to prevent harm and the obligation to cooperate, according to the Pulp Mills case?
They are interdependent
What is the obligation of states in relation to environmental impact assessments, according to customary international law?
To carry out an environmental impact assessment when the proposed industrial activity is likely to have a significant adverse impact in a transboundary context
What is the source of international law that confirms the customary character of the obligation to cooperate?
Customary international law
What is the principle of cooperation in the implementation of sustainable development, as stated in the Rio Declaration?
States shall cooperate in a spirit of global partnership to implement sustainable development
What is the principle that requires States to pay sufficient attention to the rights of other States and the imperatives of conservation?
Duty to cooperate
What is the consequence of the obligation to cooperate in the prevention of pollution of the marine environment?
Rights arise for the State affected
What is the obligation of states in relation to transboundary harm, according to customary international law?
Not to cause damage to the environment of other states
What is the relationship between the obligation to cooperate and the prevention of transboundary harm?
They are interdependent
What is the principle of due diligence in relation to environmental impact assessments, as established in the Pulp Mills on the River Uruguay case?
States shall conduct an environmental impact assessment when the proposed industrial activity is likely to have a significant adverse impact in a transboundary context
What is the principle that requires States to take all necessary measures to prevent harm to the environment?
Duty to prevent harm
What is the principle of state responsibility in relation to environmental damages, as established in customary international law?
States are responsible for environmental damages in a transboundary context
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.
This quiz covers the fundamental principles of international environmental law, including the prohibition of abuse of rights and the principle of good faith, and the obligation to make reparation for damages.
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