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

TY - JOUR

T1 - Costa Rica v. Nicaragua and Nicaragua v. Costa Rica

T2 - Some Reflections on the Obligation to Conduct an Environmental Impact Assessment

AU - Tanaka, Yoshifumi

PY - 2017/4/1

Y1 - 2017/4/1

N2 - 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.

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.

U2 - 10.1111/reel.12192

DO - 10.1111/reel.12192

M3 - Journal article

SN - 0962-8797

VL - 26

SP - 91

EP - 97

JO - Review of European Community and International Environmental Law

JF - Review of European Community and International Environmental Law

IS - 1

ER -