Costa Rica and Nicaragua before the International Court of Justice – Trying to work out the complicated relationship between law and the environment
(2013) In Review of European, Comparative & International Environmental Law (RECIEL) 22(3). p.366-370- Abstract
- Nicaragua and Costa Rica have twice turned to the
International Court of Justice (ICJ) to resolve disputes
related to environmental damage occurring in a
transboundary context. In these two cases the Court
has to consider at least two issues. The first issue concerns
the territorial status of a disputed border area.
The disagreement is triggered by natural variations of
the San Juan River at the border between the two
countries, which causes confusion as to where the
State line lies. The second issue concerns environmental
damage; more specifically, it involves adversely
affected wetlands protected under the Ramsar Convention.
The... (More) - Nicaragua and Costa Rica have twice turned to the
International Court of Justice (ICJ) to resolve disputes
related to environmental damage occurring in a
transboundary context. In these two cases the Court
has to consider at least two issues. The first issue concerns
the territorial status of a disputed border area.
The disagreement is triggered by natural variations of
the San Juan River at the border between the two
countries, which causes confusion as to where the
State line lies. The second issue concerns environmental
damage; more specifically, it involves adversely
affected wetlands protected under the Ramsar Convention.
The obligations stemming from the Ramsar
Convention are of an open-ended character, rendering
them difficult to apply. Both issues are connected with
the fact that law and the environment have a complicated
relationship – that is, legal obligations may be
difficult to reconcile with a constantly changing environment.
Here, the ICJ has the opportunity to clarify
this uneasy relationship. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/4174632
- author
- Sjöstedt, Britta LU
- organization
- publishing date
- 2013
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Public international law, environmental law, Folkrätt, miljörätt
- in
- Review of European, Comparative & International Environmental Law (RECIEL)
- volume
- 22
- issue
- 3
- pages
- 366 - 370
- publisher
- John Wiley & Sons Inc.
- external identifiers
-
- scopus:84940287006
- ISSN
- 2050-0386
- language
- English
- LU publication?
- yes
- id
- bcf8ea03-d28f-4e2a-a8e5-7f35d55910b8 (old id 4174632)
- alternative location
- http://onlinelibrary.wiley.com/doi/10.1111/reel.12044/full
- date added to LUP
- 2016-04-04 07:24:42
- date last changed
- 2022-10-12 15:36:40
@article{bcf8ea03-d28f-4e2a-a8e5-7f35d55910b8, abstract = {{Nicaragua and Costa Rica have twice turned to the<br/><br> International Court of Justice (ICJ) to resolve disputes<br/><br> related to environmental damage occurring in a<br/><br> transboundary context. In these two cases the Court<br/><br> has to consider at least two issues. The first issue concerns<br/><br> the territorial status of a disputed border area.<br/><br> The disagreement is triggered by natural variations of<br/><br> the San Juan River at the border between the two<br/><br> countries, which causes confusion as to where the<br/><br> State line lies. The second issue concerns environmental<br/><br> damage; more specifically, it involves adversely<br/><br> affected wetlands protected under the Ramsar Convention.<br/><br> The obligations stemming from the Ramsar<br/><br> Convention are of an open-ended character, rendering<br/><br> them difficult to apply. Both issues are connected with<br/><br> the fact that law and the environment have a complicated<br/><br> relationship – that is, legal obligations may be<br/><br> difficult to reconcile with a constantly changing environment.<br/><br> Here, the ICJ has the opportunity to clarify<br/><br> this uneasy relationship.}}, author = {{Sjöstedt, Britta}}, issn = {{2050-0386}}, keywords = {{Public international law; environmental law; Folkrätt; miljörätt}}, language = {{eng}}, number = {{3}}, pages = {{366--370}}, publisher = {{John Wiley & Sons Inc.}}, series = {{Review of European, Comparative & International Environmental Law (RECIEL)}}, title = {{Costa Rica and Nicaragua before the International Court of Justice – Trying to work out the complicated relationship between law and the environment}}, url = {{http://onlinelibrary.wiley.com/doi/10.1111/reel.12044/full}}, volume = {{22}}, year = {{2013}}, }