Border Activities Case. 3 The main reason for discussing state responsibility for environmental damage is because an understanding of its limitations is essential to an explanation
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degree of environmental protection and so does the case law of the 1950 European Convention of Human Rights (‘ECHR’). 66 The essential point of each of these examples is that, while
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information. 228 In appropriate cases there is a duty to inform, not simply a right of access. In Guerra , Italy’s failure to provide ‘essential information’ about the severity and
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Relevant cases include the Chorzow Factory Case (Indemnity) (Jurisdiction) PCIJ Ser. A, No. 8/9 (1927) 31; Corfu Channel Case , ICJ Reports (1949) 18; South West Africa Case (Second
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Standards Case and the Shrimp‑Turtle Case. 50 The latter is particularly relevant because it involved a trade measure similar to the one employed in the Tuna‑Dolphin Cases. As such
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Gabčíkovo-Nagymaros Dam Case , ICJ Reports (1997) 7; Pulp Mills on the River Uruguay Case , ICJ Reports (2010) 14; Border Activities/San Juan River Cases , ICJ Reports (2015) 665
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the Convention does establish some important and concrete principles. The essential point is that in these cases states must give effect to or apply rules and standards no less onerous
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is now difficult to justify in the case of the highly developed nuclear industry in Western Europe, North America, or Japan, it remains an essential element of international efforts to
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this phrase has been contested and its application has in practice been determined on a case-by-case basis. This flexibility has allowed the dumping regime to be extended to address emerging
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Nature (‘WWF’) and the Basel Action Network. Knowing who participates in such meetings is essential to an understanding of the politics of international law-making. In some treaty bodies
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than the net importers of pollutants would have liked, but only through compromise of essential interests on both sides could such widespread adherence have been achieved. 63 However
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and Jan Mayen Cases , 25 EEZ boundaries drawn by the International Court cut across established fishing grounds. Rejecting American arguments in the Gulf of Maine Case based on the
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639 the implementation of which requires a case-by-case approach. Arguably the flexibility to maintain a multidisciplinary case-by-case approach is provided by the 2000 Cartagena Protocol
