Irish Environmental Law

The Role of ICJ In Development of International Environmental Law
The United Nations the key organization that connects Human Rights with environmental
protection across the globe. Although no article of the UN charter is solely dedicated to the
protection of the environment, however, its social and economic provisions manifest that
human rights are inextricably linked with a healthy environment. Principle 1 and 21 of the
Stockholm Declaration exteriorize the duty of the state to protect the natural resources within
its territory and also principle 1 limits the action of the state to exploit its resources as well by
highlighting that the right to live with dignity and environment are intertwined.
International Court of Justice is one of the 6 principal organs of the UN for resolving disputes
submitted to it by the state member. The contribution of ICJ in the development of
International Environmental Law is immense because of its wide jurisdiction. It has the
authority to deal with such cases that are not only brought to its notice through the state but
extends to give an advisory opinion in all legal matters brought by the General Assembly and
the Security Council. The court had few occasions to deal with cases involving the question
of environmental protection as the main concern. However, it has marked a milestone by
delivering a fairly recent judgment in 2012 opening the scope of the scientific approach in
dealing with environmental issues. The contribution of ICJ in the development of
international Environmental Law can be divided into two parts before and after the epoch of
Stockholm Declaration.
The Court had the opportunity to set a precedent in environmental law as early as 1949 in the
Corfu Channel Case where the court held one of the guiding principles which were later
integrated as principle 21 of Stockholm Declaration and Principle 2 of Rio Declaration. The
case involved a dispute between United Kingdom and Albania where the naval ships of UK
were severely damaged when it hit mines laid in the river bed of Corfu Channel. The
Applicant, UK in this case alleged that it was the duty of the state Albania to take the onus for
the damage to naval ships because it owed a responsibility in International Law to other states
for the direct damage which arises out of the action or omission of discharge of its duty. The
court, in this case, expounded the principle of sic uteretuoutalienum non laeda and held:
“Every State has an obligation not to allow knowingly its territory to be used for actscontrary
to the rights of other States.”
It is pertinent here to point out that the cases dealt by ICJ did not contain any environmental
matter directly prior to 1973. Interestingly, right after the Stockholm Conference, the court
dealt with first case containing some environmental undertone. The interim relief by the court
in the case of Nuclear Tests (Australia v. France; New Zealand v. France) hauled important
question into the picture related to the effect of the nuclear test on the environment but before
the court could give a final verdict, the French government withdrew the program of its
nuclear test. However, this case is one of the important cases till present because during the
oral preceding the arguments advanced by the representatives of Australia and New Zealand
surmised the environmental impact of the tests conducted by countries and how it leads to the
degradation of environment magnets the attention to environmental protection and new laws
related to the aftermath of such tests resulting into radio-active-fallout.
Similar question arose during the proceeding of Legality of the Threat or Use of Nuclear
Weapons in 1996 forwarded to the court to obtain an advisory opinion by the General
Assembly. The parties to proceeding during the course of the argument unfolded different
dimensions of the possible threat to the health of humans by evoking principle 21 of the
Stockholm Declaration.In 2006, the Court found itself in deeper water while dealing a major
case involving environmental issue as its main feature in Pulp Mills on the River Uruguay
(Argentina v. Uruguay), where Argentina demanded the relief alleging that the natural
resources shared by the two states are at risk due the establishment of two pulp mill at the
bank of the river Uruguay which was in contradiction to the 1975 bilateral statute of the River
Uruguay. The Court did not order for suspension of the construction of pulp mills but
adduced the mandatory environmental assessment principle by an in-depth study of
sustainable economic development.
As a step forward to protect the environment being an intangible part of the right to life, the
Court established a permanent environmental chamber in 1993 with a view to establishing a
permanent body solely dedicated to the study of further and advancement in international
environmental laws across the globe. However, due to the lack of any set laws in the field and
lack of cases where the environmental issue arises as to the main cause of action the said
chamber was abolished in 2006.
It can be undoubtedly concluded that the role of the International Court of Justice is
unparalleled in the demesne of Environmental Law. Although initially, the court didn’t deal
on entirely pure environmental issues, however, it has contributed immensely in spreading
awareness about the importance of a healthy environment for the benefit of the symbiotic
relationship that we share with the environment. With the advancement in technologies, the
environment is at great risk today and ICJ has propelled the need of the establishment of a
permanent body for further studies for protecting the right of the environment.

Irish Environmental Law

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The Role of ICJ In Development of International Environmental Law

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