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Costa Rica v. Nicaragua and Nicaragua v. Costa Rica : Some Reflections on the Obligation to Conduct an Environmental Impact Assessment
Author(s) -
Tanaka Yoshifumi
Publication year - 2017
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12192
Subject(s) - obligation , international court , political science , due diligence , harm , state responsibility , international law , environmental law , law , environmental impact assessment , settlement (finance) , interpretation (philosophy) , public international law , business , finance , computer science , payment , programming language
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 .