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Costa Rica and Nicaragua before the International Court of Justice – Trying to work out the complicated relationship between law and the environment

Sjöstedt, Britta LU (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:
author
organization
publishing date
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 and Sons Ltd
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
2020-01-12 20:18:27
@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},
  language     = {eng},
  number       = {3},
  pages        = {366--370},
  publisher    = {John Wiley and Sons Ltd},
  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},
}