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Human Rights and the Protection of the Environment: The Advisory Opinion of the Inter-American Court of Human Rights

Published on February 26, 2018        Author:  and

On 7 February 2018, the Inter-American Court of Human Rights (the Court, IACtHR) issued the much awaited advisory opinion (A/O) concerning the obligations of States Parties to the American Convention on Human Rights (American Convention, ACHR) in respect of infrastructural works creating a risk of significant environmental damage to the marine environment of the Wider Caribbean Region.

This entry sets out the main findings of the Court, including its approach to the extraterritorial application of the American Convention. With the text of the A/O currently available in Spanish only (here), this post seeks to provide an annotated summary of the A/O to EJIL:Talk!’s readership in the English speaking international law world.

The reformulated scope of the advisory opinion

Colombia, the requesting state, asked for the A/O to be limited to the jurisdictional area established by the 1984 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention).

Colombia’s original, complex and prolix request originally read as follows:

“I. In accordance with Article 1.1 of the [American Convention], should it be considered that a person, although not located within the territory of a State party, is subject to its jurisdiction where the following four conditions are cumulatively met?

1) the person is present or resides in an area defined and protected by a conventional regime for the protection of the environment to which the relevant State is a party; 2) that the said regime establishes an area of functional jurisdiction, for example, as envisaged in the [Cartagena Convention]; 3) that in the said jurisdictional area the States parties have the obligation to prevent, reduce and control pollution through a series of general and/or specific obligations; 4) that as a result of the environmental damage or risk of environmental damage in the area protected by the relevant treaty, which is attributable to the State who is party to both that treaty and to the [American Convention], the human rights of the affected person had been breached or are in risk being breached. Read the rest of this entry…

 

The Admissibility of a Claim of Continental Shelf Rights Beyond 200nm Before an International Tribunal Absent a Recommendation by the CLCS: A Few Words About the ICJ’s 2016 Judgment in Nicaragua v. Colombia

Published on May 13, 2016        Author: 

The International Court of Justice (ICJ) recently set the arena for a timely discussion of the question of the admissibility of a claim of continental shelf rights beyond 200 nm, absent a recommendation by the Commission on the Limits of the Continental Shelf (CLCS). The litigation concerned the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast (NICOL II). In its 17 March 2016 Judgment on Preliminary Objections, the ICJ dismissed Colombia’s preliminary objections against the jurisdiction of the Court and the inadmissibility of Nicaragua’s first claim. While the ICJ upheld Colombia’s contentions against the admissibility of Nicaragua’s second submission – a rather unusual request for the establishment of a provisional regime of conduct in the area of overlapping entitlements pending delimitation – the case will now move to the merits with respect to Nicaragua’s request for the Court to adjudge and declare:

“The precise course of the maritime boundary between Nicaragua and Colombia in the areas of the continental shelf which appertain to each of them beyond the boundaries determined by the Court in its Judgment of 19 November 2012.”

This post will focus on the decision of the ICJ to reject, by 11 votes to 5, Colombia’s overarching claim on inadmissibility. ICJ’s 2016 ruling seems to definitely settle the doctrinal debate concerning admissibility of maritime rights beyond 200 nm without exhaustion of the procedure in UNCLOS Article 76(8). Read the rest of this entry…

 
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