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Environmental Law - Essay Example

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Environmental Law Question 1: a. Contributions of the International Court of Justice to International Environmental Law Previously, when compared to other international legal issues, the work of the International Court of Justice (ICJ) was not as prominent.1 Even so, the ECJ did make important contributions toward the development of environmental protection law at the international level during the 1990s…
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Download file to see previous pages In particular Judge Weeramantry discussed environmental issues relative to the threat and use of nuclear weapons. Judge Weeramentry specifically noted that the use of nuclear weapons “endangers the human environment in a manner which threatens the entirety of life on the planet”.3 Judge Weeramentry went on to state that although there was no binding international law relative to the use and threat of nuclear weapons, based on its destructive nature and the threat to human life, health and the environment in general, there was sufficient basis in international laws particularly humanitarian laws to outlaw the use and the threat of the use of nuclear weapons.4 The main contributions of the ICJ in terms of international environmental law is divided into the Corfu Channel case and the Nuclear Tests case and the Barcelona Traction case. These cases essentially establish the international law with respect to transborder environmental damages and the introduction of the doctrine of erga omnes. In this regard, the ICJ held in the Barcelona Traction case: An essential distinction should be drawn between the obligation of a state towards the international community ...Download file to see next pagesRead More
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