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

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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.

Original languageEnglish
JournalReview of European Community and International Environmental Law
Volume26
Issue number1
Pages (from-to)91-97
Number of pages7
ISSN0962-8797
DOIs
Publication statusPublished - 1 Apr 2017

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