Wednesday, November 17, 2010

Anton: Case Concerning Pulp Mills on the River Uruguay

Donald K. Anton (Australian National Univ. - Law) has posted Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) (Judgment) [2010]. Here's the abstract:
The Pulp Mills case is the latest in a series of environmental cases to find its way before the ICJ. Pulp Mills contributes to the development of international environmental law by confirming that that transboundary environmental impact assessment is part and parcel of general international law. It is true that deficiencies remain in connection with the nature, scope and content of the EIA (including public consultation). However, states planning projects that pose risks of significant transboundary environmental harm (or threaten shared natural resources) shoulder a significant obligation of due diligence to ensure the environment or resources are protected from harm.