In previous columns I have discussed the difficulty of enforcing under domestic law the emerging international standards for environmental conduct by corporations (“International Standards for Corporate Conduct,” April 30, 2012) and of using an international forum under the North American Free Trade Agreement to assure enforcement of the parties’ domestic environmental laws (“Environmental Enforcement and Protection Under NAFTA,” Aug. 25, 2008). This column considers the effectiveness of two major international bodies, the International Court of Justice (ICJ) and the Inter-American Commission on Human Rights, in enforcing environmental obligations arising under treaties and customary international law against nations that violate those obligations.
As discussed below, despite its progressive language on the implied incorporation of international environmental standards into treaties, the ICJ has shown reluctance to decide the merits of environmental disputes, or to enforce the environmental judgments it does render, preferring instead to require the parties to negotiate in good faith to find environmentally responsible solutions to their disputes. The Inter-American Commission has been willing to consider certain large-scale environmental abuses within the scope of its human rights jurisdiction, but it too has failed to fashion enforceable remedies for such abuses. Whether court-ordered negotiations or strongly worded “recommendations” are an adequate remedy for violations of international environmental obligations is the subject of this column and an increasingly important question as the nations of the world confront the challenges of climate change.
The Danube River Diversion
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