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international law
Questions and Answers of
International Law
It is clear that the Project’s impact upon, and its implications for, the environment are of necessity a key issue. The numerous scientific reports which have been presented to the Court by the
The Court recalls its case law in this regard in the sense that Article 21 of the American Convention protects the close relationship that the indigenous peoples have with their lands, as well as
The Tribunal thus considers the harvesting of sea turtles, species threatened with extinction, to constitute a harm to the marine environment as such. The Tribunal further has no doubt that the
Pour ce qui est des suites de l’accident de janvier 2000, la Cour observe qu’il ressort des éléments du dossier que l’activité industrielle en question n’a pas été arrêtée par les
In carrying out its task, the Tribunal must also take into account “any relevant rules of international law applicable in the relations between the parties” (Article 31, paragraph 3 (c) of the
This case, however, has a special and novel element. Petitioner minors assert that they represent their generation as well as generations yet unborn. We find no difficulty in ruling that they can,
Furthermore, it should be underlined that, on July 28, 2010, the United Nations General Assembly issued Resolution 64/292 entitled “The human right to water and sanitation, which recognizes the
The Parties disagree on the extent to which the populations likely to be affected by the construction of the Orion (Botnia) mill, particularly on the Argentine side of the river, were consulted in
Identify the sources of marine pollution and the manner in which UNCLOS regulates them.
‘MARPOL, along with its Annexes, is sufficiently detailed and comprehensive to achieve its objective of eliminating marine pollution arising from harmful substances, and the fact it has not
In your view, is the regulation of land-source marine pollution adequate?
The Court notes that Article VIII is an integral part of the Convention. It therefore has to be interpreted in light of the object and purpose of the Convention and taking into account other
The South China Sea includes highly productive fisheries and extensive coral reef ecosystems, which are among the most biodiverse in the world. The marine environment around Scarborough Shoal and the
In the Court’s view, Nicaragua’s submission that any detrimental impact on the river that is susceptible of being measured constitutes significant harm is unfounded. Sediment is naturally present
The Court has already noted … that the municipality of Somma Vesuviana, where the applicants live or work, was affected by the “waste crisis”. The Court considers that this situation may have
Describe the key features of the treaty regime governing long-range transboundary air pollution.
Should the whole of the law on the protection of the atmosphere be integrated into a single regime?
‘The LRTAP and Ozone Regimes are great successes.’ Are they? Give reasons for your answer.
Notwithstanding any actions that the State may take to respond to urgent situations, the Court orders the State, within six months of notification of this judgment, to submit a report to the Court
Identify the main themes and legal concepts within the various climate change treaties. Which, if any, would you change, and why?
‘Compared with the Kyoto Protocol, the flexibility of the Paris Agreement is a strength, not a weakness.’ Discuss.
‘International efforts to regulate climate change represent a triumph of diplomatic skill, but not of effective policy.’ Do you agree? Give reasons for your answer.
Please explain why NCP are more efficient than adversarial means of settlement of environmental disputes.
Compare and analyze the fundamental principles of non-compliance with legal settlement of environment disputes.
Please explain why NCPs are an expression of multilateralism under international environmental law.
The Tribunal takes note of the submissions of the Respondent. The Tribunal understands the international concerns about illegal, unregulated and unreported fishing and appreciates the objectives
However, the notion of risk in the context of Article XX (b) is difficult to reconcile with the subject matter of protection under Article XX(a), namely, public morals. While the focus on the dangers
However, the Court is of the view that the issue is not whether the treaties relating to the protection of the environment are or are not applicable during an armed conflict, but rather whether the