Costa Rica v. Nicaragua and Nicaragua v. Costa Rica: Some Reflections on the Obligation to Conduct an Environmental Impact Assessment

Yoshifumi Tanaka

doi:10.1111/reel.12192

Costa Rica v. Nicaragua and Nicaragua v. Costa Rica: Some Reflections on the Obligation to Conduct an Environmental Impact Assessment

Yoshifumi Tanaka

CEPRI - Centre for Private Governance

1 Citationer (Scopus)

101 Downloads (Pure)

Abstract

The Costa Rica v. Nicaragua and Nicaragua v. Costa Rica cases gave rise to important questions concerning States’ procedural and substantive obligations under international environment law, namely: the obligation to conduct an environmental impact assessment; the obligation to notify and consult; and substantive obligations concerning transboundary harm. The joint decision of the International Court of Justice (ICJ) provides interesting insights into the interpretation of these obligations, especially that of conducting an environmental impact assessment. In particular, the ICJ has highlighted the interlinkage between the obligations of due diligence, to conduct an environmental impact assessment, and to notify and consult; as well as the importance of scientific evidence in the settlement of disputes concerning environmental matters.

Originalsprog	Engelsk
Tidsskrift	Review of European Community and International Environmental Law
Vol/bind	26
Udgave nummer	1
Sider (fra-til)	91-97
Antal sider	7
ISSN	0962-8797
DOI	https://doi.org/10.1111/reel.12192
Status	Udgivet - 1 apr. 2017

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10.1111/reel.12192

Tanaka-2017-Review_of_European,_Comparative_&_International_Environmental_LawForlagets udgivne version, 124 KBLicens: Andet

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AB - The Costa Rica v. Nicaragua and Nicaragua v. Costa Rica cases gave rise to important questions concerning States’ procedural and substantive obligations under international environment law, namely: the obligation to conduct an environmental impact assessment; the obligation to notify and consult; and substantive obligations concerning transboundary harm. The joint decision of the International Court of Justice (ICJ) provides interesting insights into the interpretation of these obligations, especially that of conducting an environmental impact assessment. In particular, the ICJ has highlighted the interlinkage between the obligations of due diligence, to conduct an environmental impact assessment, and to notify and consult; as well as the importance of scientific evidence in the settlement of disputes concerning environmental matters.

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Costa Rica v. Nicaragua and Nicaragua v. Costa Rica: Some Reflections on the Obligation to Conduct an Environmental Impact Assessment

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