-
1
-
-
78049451457
-
-
Note
-
1295 UNTS I-21425, at 340, signed by Argentina and Uruguay at Salto, Uruguay, 26 February 1975 (entered into force 18 September 1976). Art 60(1) provides: Any dispute concerning the interpretation or application of the [1961] Treaty and the Statute which cannot be settled by direct negotiations may be submitted by either party to the International Court of Justice.
-
-
-
-
2
-
-
78049441529
-
-
Note
-
635 UNTS 9074, at 98, signed by Argentina and Uruguay at Montevideo, Uruguay, 7 April 1961.
-
-
-
-
3
-
-
78049422053
-
-
Note
-
1961 Treaty, art 7.
-
-
-
-
4
-
-
78049418578
-
-
Note
-
1975 Statute (n 1), art 1.
-
-
-
-
5
-
-
78049418376
-
The Ecosystems Approach to the Protection of Shared International Freshwater Resources
-
For a detailed account of the emergence and possible consequences of the 'ecosystems approach' to the protection of shared international water resources
-
For a detailed account of the emergence and possible consequences of the 'ecosystems approach' to the protection of shared international water resources, see O McIntyre, 'The "Ecosystems Approach" to the Protection of Shared International Freshwater Resources' (2004) 13 RECIEL 1.
-
(2004)
RECIEL
, vol.13
, pp. 1
-
-
McIntyre, O.1
-
6
-
-
0031515714
-
Environmental Security and Freshwater Resources: Ecosystem Regime Building
-
See further, J Brunnée and SJ Toope, 'Environmental Security and Freshwater Resources: Ecosystem Regime Building' (1997) 91 AJIL 26.
-
(1997)
AJIL
, vol.91
, pp. 26
-
-
Brunnée, J.1
Toope, S.J.2
-
7
-
-
0342282678
-
International Water Law and the Protection of River System Ecosystem Integrity
-
AD Tarlock, 'International Water Law and the Protection of River System Ecosystem Integrity' (1996) 10 BYU J Pub L 181.
-
(1996)
BYU J Pub L
, vol.10
, pp. 181
-
-
Tarlock, A.D.1
-
8
-
-
0013664803
-
Environmental Security and Freshwater Resources: A Case for International Ecosystem Law
-
J Brunnée and SJ Toope, 'Environmental Security and Freshwater Resources: A Case for International Ecosystem Law' (1994) 5 Yb Int'l Env L 41.
-
(1994)
Yb Int'l Env L
, vol.5
, pp. 41
-
-
Brunnée, J.1
Toope, S.J.2
-
9
-
-
85055294859
-
Ecosystem Management
-
G Francis, 'Ecosystem Management' (1993) 33 Nat Resources J 315.
-
(1993)
Nat Resources J
, vol.33
, pp. 315
-
-
Francis, G.1
-
10
-
-
78049437193
-
-
Note
-
Art 36 states that: [t]he parties shall co-ordinate, through the Commission, the necessary measures to avoid any change in the ecological balance and to control pests and other harmful factors in the river and the areas affected by it.
-
-
-
-
11
-
-
78049451653
-
-
Note
-
Judgment, para 52.
-
-
-
-
12
-
-
78049420561
-
-
Note
-
Art 1 refers to the key purpose of the Statute as being: to establish the joint machinery necessary for the optimum and rational utilization of the River Uruguay, in strict observance of the rights and obligations arising from treaties and other international agreements in force for each of the parties' (emphasis added), whereas art 41 provides that the parties undertake: a. to protect and preserve the aquatic environment and, in particular, to prevent its pollution, by preserving appropriate rules and [adopting appropriate (original Spanish translation)] measures in accordance with applicable international agreements and in keeping, where relevant, with the guidelines and recommendations of international technical bodies; b. not to reduce in their respective legal systems: (1) the technical requirements in force for preventing water pollution, and (2) the severity of the penalties established for violations; c. to inform one another of any rules which they plan to prescribe with regard to water pollution in order to establish equivalent rules in their respective legal systems' (ICJ emphasis added).
-
-
-
-
13
-
-
78049420757
-
-
Note
-
Judgment, para 55. Argentina invoked, as rules and principles of general international law, 'the principles of equitable, reasonable and non-injurious use of international watercourses, the principles of sustainable development, prevention, precaution and the need to carry out an environmental impact assessment' and, as relevant international agreements binding on the Parties, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, the 1971 Ramsar Convention on Wetlands of International Importance, the 1992 United nations Convention on Biological Diversity, and the 2001 Stockholm Convention on Persistent Organic Compounds (para 56).
-
-
-
-
14
-
-
78049433144
-
-
Note
-
Judgment, para 59.
-
-
-
-
15
-
-
78049438943
-
-
Note
-
Case Concerning the Gabčí kovo-Nagymaros Project (Hungary/Slovakia) [1997] ICJ Rep 7.
-
-
-
-
16
-
-
78049433806
-
-
Note
-
The Court's understanding of art 41 of the 1975 Statute is analogous, stating, at para 62, that: Article 41(a) distinguishes between applicable international agreements and the guidelines and recommendations of international technical bodies. While the former are legally binding and therefore the domestic rules and regulations enacted and the measures adopted by the State have to comply with them, the latter, not being formally binding, are, to the extent they are relevant, to be taken into account by the State so that the domestic rules and regulations and the measures it adopts are compatible ('con adecuación') with those guidelines and recommendations.
-
-
-
-
17
-
-
78049450478
-
-
Note
-
Gabčíkovo-Nagymaros Judgment (n 13), para 112.
-
-
-
-
18
-
-
78049417984
-
-
Note
-
Judgment, para 68. The Court further stated, at para 77, that: it is by co-operating that the States concerned can jointly manage the risks of damage to the environment that might be created by the plans initiated by one or other of them, so as to prevent the damage in question, through the performance of both the procedural and substantive obligations laid down in the 1975 Statute.
-
-
-
-
19
-
-
78049428362
-
-
Note
-
Judgment, para 72.
-
-
-
-
20
-
-
78049430130
-
-
Note
-
Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v France), Judgment of 4 June 2008, para 150, where the Court found that information which came to Djibouti through the press could not be taken into account as a reason for refusing assistance under art 17 of the Convention on Mutual Assistance in Criminal Matters between the two countries.
-
-
-
-
21
-
-
78049422630
-
-
Note
-
Judgment, para 110.
-
-
-
-
22
-
-
78049433616
-
-
Note
-
Art 7(1) of the1975 Statute.
-
-
-
-
23
-
-
78049426361
-
-
Note
-
Art 7(3) of the 1975 Statute.
-
-
-
-
24
-
-
78049423766
-
-
Note
-
Judgment, para 105.
-
-
-
-
25
-
-
78049415913
-
-
Note
-
Notes that: ... the environmental impact assessments which are necessary to reach a decision on any plan that is liable to cause significant transboundary harm to another State must be notified by the party concerned to the other party, through CARU, ... to enable the notified party to participate in the process of ensuring that the assessment is complete, so that it can then consider the plan and its effects with a full knowledge of the facts [...].
-
-
-
-
26
-
-
78049415296
-
-
Note
-
The Court notes, in Judgment, para 120, that: this notification must take place before the State concerned decides on the environmental viability of the plan, taking due account of the environmental impact assessment submitted to it.
-
-
-
-
27
-
-
78049415510
-
-
Note
-
The Court pointed out, at Judgment, para 121, that by doing so Uruguay had: disregarded the well-established customary rule reflected in Article 27 of the Vienna Convention on the Law of Treaties, according to which '[a] party may not invoke the provisions of its internal law as justification for its failure to perform a treaty'.
-
-
-
-
28
-
-
78049446150
-
-
Note
-
Judgment, paras 121-2.
-
-
-
-
29
-
-
78049448975
-
-
Note
-
Citing art 57 of the Vienna Convention on the Law of Treaties, concerning suspension of the operation of a treaty, and Certain Phosphate Lands in Nauru (Nauru v Australia), Preliminary Objections, Judgment [1992] ICJ Rep 247, para 13.
-
-
-
-
30
-
-
78049425953
-
-
Note
-
Judgment, para 142.
-
-
-
-
31
-
-
78049442508
-
-
Note
-
Where the Court refers to art 26 of the Vienna Convention on the Law of Treaties and recalls its own dictum in the Nuclear Tests cases.
-
-
-
-
32
-
-
78049432533
-
-
Note
-
See Judgment, para 146, where the Court cites North Sea Continental Shelf (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands), Judgment [1969] ICJ Rep 47, para 85.
-
-
-
-
33
-
-
78049444022
-
-
Note
-
Judgment, para 157.
-
-
-
-
34
-
-
78049448264
-
-
Note
-
The Court concluded, at Judgment, para 173, that: As such, it informs the interpretation of the substantive obligations, but does not by itself lay down specific rights and obligations for the parties. Optimum and rational utilization is to be achieved through compliance with the obligations prescribed by the 1975 Statute for the protection of the environment and the joint management of this shared resource.
-
-
-
-
35
-
-
78049449340
-
-
Note
-
Referring, in particular, to the ecological standards found in Sections E3 and E4 of the CARU Digest.
-
-
-
-
36
-
-
78049439356
-
-
Note
-
Art 41(a) places a general obligation on the Parties: to protect and preserve the aquatic environment and, in particular, to prevent its pollution, by prescribing appropriate rules and measures in accordance with applicable international agreements and in keeping, where relevant, with the guidelines and recommendations of international technical bodies. Art 41(b) and (c) require that the Parties not reduce their technical requirements or penalties for violation and that they inform one another of any rules which they plan to introduce.
-
-
-
-
37
-
-
78049445961
-
-
Note
-
Under art 56.
-
-
-
-
38
-
-
78049415509
-
-
Note
-
Judgment, paras 195-7.
-
-
-
-
39
-
-
78049437387
-
-
Note
-
Therefore, the Court considered, at para 200, that 'the rules by which any allegations of breach are to be measured and, more specifically, by which the existence of "harmful effects" is to be determined' included the rules found in the 1975 Statute, the coordinated rules and technical standards adopted through CARU, and the regulations adopted by each Party within the limits prescribed by art 41.
-
-
-
-
40
-
-
78049423184
-
-
Note
-
The Court stated emphatically, at para 204, that: in order for the Parties properly to comply with their obligations under Article 41(a) and (b) of the 1975 Statute, they must, for the purposes of protecting and preserving the aquatic environment with respect to activities which may be liable to cause transboundary harm, carry out and environmental impact assessment' (emphasis added).
-
-
-
-
41
-
-
78049415696
-
-
Note
-
Dispute Regarding Navigational and Related Rights (Costa Rica v Nicaragua), Judgment of 13 July 2009, para 64.
-
-
-
-
42
-
-
78049422217
-
-
Note
-
Judgment, para 204 (emphasis added).
-
-
-
-
43
-
-
78049430129
-
-
Note
-
1991 UNECE Convention on Environmental Impact Assessment in a Transboundary Context, 1989 UNTS 309.
-
-
-
-
44
-
-
78049418740
-
-
Note
-
Adopted by the UNEP Governing Council at its 14th Session, 14-25 December 1987 (UNEP/WG.152/4 Annex (1987)).
-
-
-
-
45
-
-
78049435152
-
-
Note
-
Judgment, para 205.
-
-
-
-
46
-
-
78049443600
-
-
Note
-
Argentina argued that, under art 5(d) of the 2001 Stockholm Convention on Persistent Organic Pollutants (POPs), which it claimed was applicable by virtue of the 'referral clause' in art 41(a), Uruguay was obliged to require the use of 'best available techniques' (BAT). Specifically, Argentina contended that Uruguay failed to do so due to the absence of any tertiary treatment of effluent and the lack of an empty emergency basin to contain effluent spills.
-
-
-
-
47
-
-
78049426722
-
-
Note
-
Judgment, para 225.
-
-
-
-
48
-
-
78049447515
-
-
Note
-
The Court also noted the fact that the process employed by the mill is the most widely applied production method globally according to the European Commission's December 2001 Integrated Pollution Prevention and Control Reference Document on Best Available Techniques in the Pulp and Paper Industry.
-
-
-
-
49
-
-
78049416884
-
-
Note
-
Regarding Argentina's claim that the Orion (Botnia) mill has caused air pollution, the Court found, at para 264, no clear evidence that airborne emissions have introduced harmful effects into the aquatic environment, thereby bringing them within the scope of art 41 and the jurisdiction of the Court.
-
-
-
-
50
-
-
78049448974
-
-
Note
-
Judgment, paras 238-62.
-
-
-
-
51
-
-
78049420372
-
Pulp Mills on the River Uruguay: The International Court of Justice Recognizes Environmental Impact Assessment as a Duty under International Law
-
available at
-
CR Payne, 'Pulp Mills on the River Uruguay: The International Court of Justice Recognizes Environmental Impact Assessment as a Duty under International Law' (2010) 14 ASIL Insights, available at http://www.asil.org/insights100422.cfm.
-
(2010)
ASIL Insights
, vol.14
-
-
Payne, C.R.1
-
52
-
-
78049449692
-
-
Note
-
The Court found, at para 265, no conclusive evidence that Uruguay has not acted with the requisite degree of due diligence or that the discharges of effluent from the Orion (Botnia) mill have had deleterious effects or caused harm to living resources or to the quality of the water or the ecological balance of the river ... Consequently, ... that Uruguay has not breached its obligations under Article 41.
-
-
-
-
53
-
-
78049451967
-
-
Note
-
Judgment, para 270.
-
-
-
-
54
-
-
78049424356
-
-
Note
-
The Court stated, at para 269, that: its finding of wrongful conduct by Uruguay in respect of its procedural obligations per se constitutes a measure of satisfaction for Argentina ... [a]s Uruguay's breaches of the procedural obligations occurred in the past and have come to an end, there is no cause to order their cessation.
-
-
-
-
55
-
-
78049416109
-
-
Note
-
Judgment, para 275.
-
-
-
-
56
-
-
78049437758
-
-
Note
-
The Court further observed that: whereas the substantive obligations are frequently worded in broad terms, the procedural obligations are narrower and more specific, so as to facilitate the implementation of the 1975 Statute through a process of continuous consultation between the parties concerned.
-
-
-
-
57
-
-
78049438142
-
-
Note
-
See Gabčíkovo-Nagymaros case (n 13), Judgment, para 140 and Separate Opinion of Vice-President Weeramantry, Part A.
-
-
-
-
58
-
-
78049445960
-
-
Note
-
Judgment, para 77.
-
-
-
-
59
-
-
46249119881
-
-
On the 'community of interests' approach to the management of shared international freshwater resources, (Ashgate, Aldershot)
-
On the 'community of interests' approach to the management of shared international freshwater resources, see O McIntyre, Environmental Protection of International Watercourses under International Law (Ashgate, Aldershot 2007) 28-40.
-
(2007)
Environmental Protection of International Watercourses under International Law
, pp. 28-40
-
-
McIntyre, O.1
-
60
-
-
78049441118
-
-
Note
-
Judgment, para 89. The Court stressed, in particular, the authority of formally instituted international organizations, such as river basin organizations (RBOs) like CARU, which it described as 'governed by the "principle of speciality", that is to say, they are invested by the States which create them with powers, the limits of which are a function of the common interests whose promotion those States entrust to them'.
-
-
-
-
61
-
-
78049451046
-
-
Note
-
Judgment, para 91. These included the fact that it is endowed with legal personality, that the parties have undertaken to provide it with the necessary resources, that it has a permanent existence of its own, that it exercises rights and bears duties, that it has a secretariat whose staff enjoy privileges and immunities, and the scale and diversity of the functions assigned to it under the Statute. See Judgment, paras 87-93.
-
-
-
-
62
-
-
78049430783
-
-
Note
-
For a list of the possible functions of joint water institutions, see art 92 of the 1992 UNECE Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992) 31 ILM 1312.
-
-
-
-
64
-
-
78049436389
-
-
Note
-
Judgment, para 140.
-
-
-
-
65
-
-
78049437956
-
-
Note
-
For example, Thomas Franck, observes that 'sophist principles', such as that of equitable and reasonable utilization, 'usually require an effective, credible, institutionalized, and legitimate interpreter of the rule's meaning in various instances'.
-
-
-
-
67
-
-
78049445054
-
-
Note
-
See further, McIntyre (n 87) 377.
-
-
-
-
68
-
-
78049442108
-
-
Note
-
The Court also clearly linked, at para 175, the attainment of the goal of optimum and rational utilization, set out under art 1 of the 1975 Statute, to the process of equitable balancing of the interests of the Parties inherent to the principle of equitable and reasonable utilization, stating that: the attainment of optimum and rational utilization requires a balance between the Parties' rights and needs to use the river for economic and commercial activities on the one hand, and the obligation to protect it from any damage to the environment that may be caused by such activities on the other.
-
-
-
-
69
-
-
78049433142
-
-
Note
-
Judgment, para 177.
-
-
-
-
70
-
-
0013661051
-
The Protection of International Watercourses as Sources of Fresh Water in the Interest of Future Generations
-
EHP Brans and others, (Kluwer Law International, The Hague), who points out, at 83, that the concept of sustainable development and the principle of equitable and reasonable utilization resemble each other insofar as both revolve around a balancing of interests and involve an amalgamation of method and aim
-
See, for example, M Kroes, 'The Protection of International Watercourses as Sources of Fresh Water in the Interest of Future Generations' in EHP Brans and others, The Scarcity of Water: Emerging Legal and Policy Responses (Kluwer Law International, The Hague 1997) 80, who points out, at 83, that the concept of sustainable development and the principle of equitable and reasonable utilization resemble each other insofar as both revolve around a balancing of interests and involve an amalgamation of method and aim.
-
(1997)
The Scarcity of Water: Emerging Legal and Policy Responses
, pp. 80
-
-
Kroes, M.1
-
71
-
-
78049447149
-
-
Note
-
In Gabčíkovo-Nagymaros Judgment (n 13), para 140, the Court states in the context of another dispute over the use and environmental protection of the shared waters of an international river that: This need to reconcile economic development with the protection of the environment is aptly expressed in the concept of sustainable development.
-
-
-
-
72
-
-
78049444661
-
-
Note
-
Separate Opinion of Vice-President Weeramantry (n 82) 1.
-
-
-
-
73
-
-
0035696454
-
The Role of International Water Law in Promoting Sustainable Development
-
at 283
-
See, eg PK Wouters and AS Rieu-Clarke, 'The Role of International Water Law in Promoting Sustainable Development' (2001) 12 Water Law 281, at 283.
-
(2001)
Water Law
, vol.12
, pp. 281
-
-
Wouters, P.K.1
Rieu-Clarke, A.S.2
-
74
-
-
78049450691
-
-
Note
-
Kroes (n 96); Brunnée and Toope (n 6) 67-8. See generally, McIntyre (n 94) 365.
-
-
-
-
75
-
-
78049440740
-
-
Note
-
Judgment, para 177.
-
-
-
-
76
-
-
78049425533
-
-
Note
-
The Court found in relation to the right of each Party to use the waters of the river under art 27, that the procedural obligations arising from arts 7-12 of the 1975 Statute have to be observed by any Party wishing to exercise that right, and that 'such utilization could not be considered to be equitable and reasonable if the interests of the other riparian State in the shared resource and the environmental protection of the latter were not taken into account'.
-
-
-
-
77
-
-
78049439600
-
-
Note
-
As a preliminary substantive issue, the Court, at para 160, flatly rejected Argentina's contention that 'the 1975 Statute adopts an approach in terms of precaution whereby "the burden of proof will be placed on Uruguay for it to establish that the Orion (Botnia) mill will not cause significant damage to the environment"', finding, at para 165, that under the well-established principle of onus probandi incumbit actori 'it is the duty of the party which asserts certain facts to establish the existence of such facts'.
-
-
-
-
78
-
-
78049417059
-
-
Note
-
Judgment, para 164.
-
-
-
-
79
-
-
78049416304
-
-
Note
-
The Court's finding, at Judgment, para 52, that it had no basis for extending its jurisdiction to cover Argentina's claims relating to noise, visual pollution or bad odours should not necessarily be regarded as restrictive in terms of judicial recognition or understanding of the so-called 'ecosystems approach', as the Court goes to the trouble of making it clear that no evidence was submitted 'as to any relationship between the alleged bad odours [or other air pollution] and the aquatic environment of the river', thus suggesting that any such linkage could have brought these wider impacts within the scope of art 36.
-
-
-
-
80
-
-
78049430221
-
-
Note
-
The Court stated, at Judgment, para 188, that: [t]his vigilance and protection is all the more important in the preservation of the ecological balance, since the negative impact of human activities on the waters of the river may affect other components of the ecosystem of the watercourse such as its flora, fauna, and soil.
-
-
-
-
81
-
-
78049419977
-
-
Note
-
Gabčíkovo-Nagymaros Case (n 13), Judgment, para 112.
-
-
-
-
82
-
-
78049439165
-
-
Note
-
Judgment, paras 101-5.
-
-
-
-
83
-
-
78049444854
-
-
Note
-
For a discussion of the obligation of prevention as applied in this context, see further McIntyre (n 99) 198-221.
-
-
-
-
84
-
-
0042350103
-
Overviewof the Existing Customary Legal Regime Regarding International Pollution
-
DB Magraw (ed), (Univ of Pennsylvania Press, Philadelphia)
-
See, eg PM Dupuy, 'Overviewof the Existing Customary Legal Regime Regarding International Pollution' in DB Magraw (ed), International Law and Pollution (Univ of Pennsylvania Press, Philadelphia 1991) 61.
-
(1991)
International Law and Pollution
, pp. 61
-
-
Dupuy, P.M.1
-
85
-
-
78049429329
-
-
Note
-
For a comprehensive account of this discourse, see McIntyre (n 99) 229-39 and 367-72.
-
-
-
-
86
-
-
0036327816
-
The Myth and Reality of Transboundary Environmental Impact Assessment
-
293
-
See JH Knox, 'The Myth and Reality of Transboundary Environmental Impact Assessment' (2002) 96 AJIL 291, 293.
-
(2002)
AJIL
, vol.96
, pp. 291
-
-
Knox, J.H.1
-
87
-
-
78049445641
-
-
Note
-
Judgment, para 177 links procedural obligations generally, of which EIA is an key component, to the principle of equitable and reasonable utilisation, stating: such utilization could not be considered to be equitable and reasonable if the interests of the other riparian State in the shared resource and the environmental protection of the latter were not taken into account.
-
-
-
-
88
-
-
78049444660
-
-
Note
-
Judgment, para 205.
-
-
-
-
89
-
-
78049435350
-
-
Note
-
In addition, art 7(3), of the 1975 Statute stipulates that: Such notification shall describe the main aspects of the work and, where appropriate, how it is to be carried out and shall include any other technical data that will enable the notified party to assess the probable impact of such works on navigation, the régime of the river or the quality of its waters.
-
-
-
-
90
-
-
78049424355
-
-
Note
-
These include: a description of the proposed activity and its purpose; a description of reasonable alternatives; a description of the environment likely to be affected; a description of the potential environmental impact and its significance; a description of mitigation measures; an indication of the methodology and data used; an indication of gaps in knowledge and uncertainties; an outline for monitoring and management programmes; and a non-technical summary.
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-
-
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91
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-
78049424700
-
-
Note
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Particularly as they include large dams and reservoirs, large-scale groundwater abstraction and, appropriately, '[p]ulp and paper manufacturing of 200 air-dried metric tomes or more per day'.
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-
-
-
92
-
-
78049424159
-
-
Note
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Judgment, para 216.
-
-
-
-
93
-
-
78049447322
-
-
Note
-
ILC, 'Report of the International Law Commission on the Work of its 53rd Session' (23 April-1 June and 2 July-10 August 2001), at 165 UN Doc (2001) A/56/10. Taking into account the ILC's role in the 'codification' and 'progressive development' of international law, and its clear bias towards the former role, the Draft Articles should have proven highly persuasive to the Court as regards the legal basis of a requirement for public consultation within a customary process of transboundary EIA.
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-
-
-
94
-
-
33750540858
-
Environmental Issues in theWork of the Environmental Law Commission
-
See generally, G Hafner and HL Pearson, 'Environmental Issues in theWork of the Environmental Law Commission' (2000) 11 Yb Int'l Env L 3.
-
(2000)
Yb Int'l Env L
, vol.11
, pp. 3
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-
Hafner, G.1
Pearson, H.L.2
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95
-
-
78049426721
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-
Note
-
Judgment, para 205. This requirement would appear to build upon Vice-President Weeramantry's statements in Gabčíkovo-Nagymaros regarding the need for continuous EIA, but it is disappointing that Court did not feel able to endorse certain of the better established and almost universally accepted facets of an EIA.
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-
-
-
96
-
-
78049443397
-
-
Note
-
See Judgment, para 210, where the Court cites the IFC's Final Cumulative Impact Study as evidence of the study of alternatives, and para 218, where it cites consultants contracted by the IFC as evidence of public consultation.
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