Notes:
[1] By Christoph Schwarte with Ruth Byrne. A longer working paper on the issue is available through www.field.org.uk.
[2] Mike McCarthy and Ben Ferguson, ‘Hopes of Global Emissions Deal at Copenhagen Begin to Fade’, The Independent, London 14 December 2009.
[3] 32nd session of the subsidiary bodies of the UNFCCC, 12th session of the AWG-KP, and 10th session of the AWG-LCA.
[4] Tim Josling, Longyue Zhao, Jeronimo Carcelen and Kaush Arha, ‘Implications of WTO Litigation for the WTO Agricultural Negotiations’, International Food and
Agricultural Trade Policy Council Issue Brief 19, March 2006.
[5] Michael Harrison, ‘World’s Top Firms Fail to Tackle Climate Change Challenge’, The Independent, London 15 September 2005.
[6] Christina Voigt, ‘State Responsibility for Climate Change Damages’, Nordic Journal of International Law, Vol. 77 Nos. 1-2, 2008; Joy-Dee Davis, ‘State Responsibility for Global Climate Change – the Case of the Maldives’, doctoral thesis, April 2005.
[7] Malcolm N Shaw, International Law, 4th ed., Cambridge 1997, p.36.
[8] International Law Commission (ILC), ‘Draft Articles on Responsibility of States for Internationally Wrongful Acts’ (DASR), in Report of the ILC on the Work of its 53rd Session, 2001.
[9] Patricia Birnie, Alan Boyle and Catherine Redgwell, International Law and the Environment, 3rd ed., Oxford 2009, p.143.
[10] Trail Smelter Arbitration: United States Vs. Canada (1931-1941) 3 UNRIAA, Vol. III, 1941.
[11] International Court of Justice (ICJ), Corfu Channel case (Merits) (United Kingdom Vs. Albania), 1949; Advisory Opinion on the Threat or Use of Nuclear Weapons, 1996; Case concerning the Gabcikovo-Nagymaros Dam (Hungary Vs. Slovakia), 1997. ICJ cases and advisory opinions can be accessed through http://www.icj-cij.org.
[12] UNCLOS Art.194 para.2; Convention on Biological Diversity, Art.3; UNFCCC preamble, recital 8.
[13] Global Humanitarian Forum, ‘Human Impact Report: Climate Change – The Anatomy of a Silent Crisis’, May 2009, available at http://www.preventionweb.net/files/9668_humanimpactreport1.pdf.
[14] Roda Verheyen and Peter Roderick, ‘Beyond Adaptation: The Legal Duty to Pay Compensation for Climate Change Damage’, WWF-UK, 2008.
[15] Trail Smelter Arbitration.
[16] International Law Commission (ILC), ‘Draft Articles on Prevention of Trans-boundary Harm from Hazardous Activities’, 2001.
[17] Trail Smelter case; Corfu Channel case: A State is under an obligation not to “knowingly allow its territory to be used for acts contrary to the rights of other States”.
[18] Case Concerning the Land and Maritime Boundary between Cameroon and Nigeria (Cameroon Vs. Nigeria), 2002; Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia Vs. Russian Federation), 2008.
[19] Application Instituting Proceedings, para.38(C) sub-para. (ii) and (iii).
[20] Anil Ananthaswamy, ‘Time to Blame Climate Change for Extreme Weather’, New Scientist, 25 August 2010.
[21] Convention on International Liability for Damage Caused by Space Objects, 1971, Art.IV; UNCLOS Article 139(2).
[22] ILC, DASR, Art.47; Ian Brownlie, Principles of International Law, 7th ed., 2008, p.458.
[23] ILC, DASR, Art.25.
[24] ICJ Statute, Article 36.
[25] A list of States is available at http://www.icj-cij.org/jurisdiction/index.php?p1=5&p2=1&p3=3.
[26] The full text of all declarations can be accessed through the website of the ICJ at http://www.icj-cij.org/jurisdiction/index.php?p1=5&p2=1&p3=3.
[27] UNFCCC, Art.14.
[28] Explicit reservations as to the non-exclusion of general law on state responsibility were made by States including Nauru, Tuvalu, Fiji, Papua New Guinea upon conclusion of the UNFCCC.
[29] ICJ Statute, Art.41; Rules of the Court, Art.73.
[30] ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia Vs. Serbia Montenegro), Provisional Measures Order, 1993; Land and Maritime Boundary between Cameroon and Nigeria, Provisional Measures Order, 1996.
[31] ICJ, Passage through the Great Belt (Finland Vs. Denmark), Provisional Measures Order, 1991; Pulp Mills on the River Uruguay (Argentina Vs. Uruguay), Provisional Measures Order, 2007.
[32] Antonios Tzanakopoulos, ‘Provisional Measures Indicated by International Courts: Emergence of a General Principle of International Law’, Revue Hellenique de Droit International Vol. 57 Issue 1, 2004, p.53.
[33] See International Council on Human Rights Policy, ‘Climate Change and Human Rights: A Rough Guide’, 2008, p.59.
[34] The ICJ’s Advisory Opinion on the Threat or Use of Nuclear Weapons (1996) was an important element in the campaign against proliferation and use of nuclear weapons.
[35] ICJ, Pulp Mills on the River Uruguay; or the International Tribunal for the Law of the Sea (ITLOS), MOX Plant case (Ireland Vs. United Kingdom), Provisional Measures, 2001. ITLOS cases can be accessed throughhttp://www.itlos.org/start2_en.html.
[36] ITLOS, Southern Bluefin Tuna cases, (New Zealand Vs. Japan; Australia Vs. Japan), Provisional Measures, 1999.
[37] ITLOS, Southern Bluefin Tuna cases, and case concerning Land Reclamation by Singapore in and around the Straits of Johor (Malaysia Vs. Singapore), Provisional Measures, 2003.
[38] ICJ Rules of Court, Art.75(2); ITLOS, Rules of the Tribunal, Art.89; The MOX Plant Case para.83.
[39] Birnie, Boyle and Redgwell, p.152; Philippe Sands, Principles of International Environmental Law, 2nd ed., Cambridge 2003, p.273.
About the Author:
Christoph Schwarte is a qualified German lawyer who joined FIELD (Foundation for International Environmental Law and Development) as Staff Lawyer in August 2006. He holds a Masters degree from the School of Oriental and African Studies in London and was admitted to the Bar of Hamburg in April 1999. From 1998 to 2004, Christoph worked at the International Tribunal for the Law of the Sea. He assisted the court during the Saiga II, Southern Bluefin Tuna and Camouco cases and drafted documents for the sessions of the Tribunal and the meetings of States Parties. Prior to joining FIELD, Christoph worked at Capacity Global, an environmental justice organization he co-founded in 2001.
He has extensive experience in capacity building with marginalized groups and delivering training on sustainable development. He has lived and worked in various countries of the Middle East and authored publications in his interest areas particularly marine environment protection and social justice.
About FIELD
The Foundation for International Environmental Law and Development (FIELD), a subsidiary of the International Institute for Environment and Development (IIED) with a common Board of Trustees, is a group of public international lawyers working towards a fair, effective and accessible system of international law that protects the global environment and promotes sustainable development.
Their expertise in international environmental law is sought by governmental, intergovernmental and non-governmental organizations from around the world. Their work ranges from briefing and supporting government delegations at international negotiations to advising community groups on how the law can help them to better protect their environment. FIELD undertakes research on a wide range of issues in international law, policy and practice. They collaborate with researchers from different countries and professional backgrounds to develop creative and practical solutions. For more information, visitwww.field.org.uk.
Source: FIELD Press Release dated October 4, 2010.
