STATE OBLIGATIONS UNDER INTERNATIONAL ENVIRONMENTAL LAW: THE PRINCIPLE OF DUE DILIGENCE IN PREVENTING TRANSBOUNDARY ENVIRONMENTAL HARM
Keywords:
International Environmental Law, Due Diligence, Transboundary Environmental Harm, Environmental Security, Environmental Impact Assessment, International Cooperation, Environmental Monitoring.Abstract
This article examines the international legal obligations of states to prevent transboundary environmental harm under international environmental law, as well as the meaning and essence of the principle of due diligence. Under international environmental law, states are required to exercise control over industrial facilities operating within their territories. Accordingly, states must develop and implement all necessary measures to ensure that various environmentally harmful emissions and waste generated by their industrial facilities do not adversely affect the environment of neighbouring states. This article also discusses international treaties, laws, and regulations concerning the principle of due diligence, particularly the establishment of conditions necessary for environmental protection. Furthermore, it examines the essential monitoring mechanisms and projects aimed at preventing transboundary environmental damage. In this regard, states are required to cooperate with one another and carry out environmental monitoring activities to prevent potential environmental harm and ensure environmental security.
References
United Nations. Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration). Stockholm, 1972.
United Nations. Rio Declaration on Environment and Development. Rio de Janeiro, 1992.
International Law Commission. Draft Articles on Prevention of Transboundary Harm from Hazardous Activities. 2001.
Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention). 1991.
Convention on the Protection and Use of Transboundary Watercourses and International Lakes. Helsinki, 1992.
United Nations Convention on the Law of the Sea. Montego Bay, 1982.
Trail Smelter Arbitration (United States v. Canada). Arbitral Award, 1941.
Gabčíkovo-Nagymaros Project (Hungary v. Slovakia). International Court of Justice, Judgment, 1997.
Pulp Mills on the River Uruguay (Argentina v. Uruguay). International Court of Justice, Judgment, 2010.
Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua). International Court of Justice, Judgment, 2015.
ITLOS. Advisory Opinion on Climate Change and International Law. Case No. 31, 21 May 2024.
Sands, P., Peel, J. Principles of International Environmental Law. Cambridge University Press, 2012.
