magnify
Home EJIL Analysis Aerial Herbicide Spraying Case Dead in the Air

Aerial Herbicide Spraying Case Dead in the Air

Published on September 17, 2013        Author: 

The ICJ has just announced the removal from its list of the Aerial Herbicide Spraying (Ecuador v. Colombia) case (press release; order), which was consensually discontinued as the parties reached an agreement resolving their differences. The main issue in the case was that Colombia’s aerial hearbicide spraying of coca leaf plantations in Colombia (with the ample help of the US in the ‘war on drugs’) harmed the people and environment of Ecuador as in some cases the herbicide drifted accross the border. The 9 September 2013 Agreement:

establishes, inter alia, an exclusion zone, in which Colombia will not conduct aerial spraying operations, creates a Joint Commission to ensure that spraying operations outside that zone have not caused herbicides to drift into Ecuador and, so long as they have not, provides a mechanism for the gradual reduction in the width of the said zone; … sets out operational parameters for Colombia’s spraying programme, records the agreement of the two Governments to ongoing exchanges of information in that regard, and establishes a dispute settlement mechanism.

The case before the ICJ was well advanced, with the written pleadings already completed. While it is of course always a good thing that states are able to resolve their disputes peacefully, it’s to an extent a pity that the Court was not given the opportunity to decide this case, which could have been very important with regard to questions of transboundary harm. It even had one particular issue near and dear to my heart, as Ecuador alleged that Colombia was violating the human rights of Ecuadorians living accross the border, thus raising the issue of the extraterritorial application of the relevant human rights treaties (yet the Court was probably not going to rule on it anyway). Of note is also how the Court’s docket has recently shrunk rather signficantly, partly due to more (and welcome) efficiency and mostly due to a lower number of incoming cases.

UPDATE: But it seems the Court is getting a follow-up to the Nicaragua v. Colombia delimitation case. Lose some, win some.

Print Friendly
 

One Response

  1. Daniel Wisehart

    Dear Marko, thanks for the post. This was an interesting case indeed…
    Has anybody found the 9 September agreement yet? I have only found a press release on the website of Ecuador so far
    http://cancilleria.gob.ec/colombia-y-ecuador-acuerdan-limitar-una-zona-de-exclusion-para-aspersion-con-glifosato/
    I called up in the Hague and they told me to patient a couple of weeks until the case is really closed
    Anyway, I would love to have the details before if possible.