Week 6 + arresten w6 Flashcards
Principal
Provides general legal standards of a very broad character
Rules
Specify a particular conduct
No harm principle
Responsibility to cause transboundary environmental damage
General due diligence rule
Proactively take measures to prevent and protect
Precautionary principle
Strategy for addressing risks when there is not a particular risk
Pulp Mills (Argentina v Uruguay)
Customary law doesn’t say what the scope or content of an EIA should be.
No conclusive evidence that linked the operation of the mill to the damage in the river
Waters of Silala (Chile v Bolivia): concerns procedural obligations
Obligation to use shared natural resources equitably and reasonably
Notify and consult
No significant risk of harm so no breach