International environmental law is rightly perceived as one of the most challenging fields for the secondary rules governing State responsibility. In particular, the conditions for establishing how the critical obligation of States to prevent environmental harm has been breached remain rather obscure. The Articles on the Responsibility of States for Internationally Wrongful Acts, adopted by the UN ILC in 2001, do not help to clarify the issue of whether preventive commitments of States in the field of environmental protection can be classified as obligations of conduct, of result, or otherwise. Considering the poor conceptualization of the matter in the ILC Articles, very little can be expected from the test of judicial application to which the same Articles are currently submitted. Nonetheless, recent international case law in environmental matters reveals that international judges are inclined to rest on the qualification of the States’ obligations to prevent environmental harm as one of conduct or of due diligence and to elaborate about the conditions governing the breach of such obligation. The contribution aims at revisiting the issue of the breach of the obligation to prevent environmental damage in light of recent international case law and to assess its relevance for the process of the codification of State responsibility.

Arcari, M. (2022). The Breach of the Obligation to Prevent Environmental Harm and the Law of State Responsibility. Revisiting the Issue Against the Test of Judicial Application. In M. Arcari, P.L. Papanicolopulu I. (a cura di), Trends and Challenges in International Law. Selected Issues in Human Rights, Cultural Heritage, Environment and Sea (pp. 177-207). Cham : Springer Nature [10.1007/978-3-030-94387-5_7].

The Breach of the Obligation to Prevent Environmental Harm and the Law of State Responsibility. Revisiting the Issue Against the Test of Judicial Application

Arcari, M
2022

Abstract

International environmental law is rightly perceived as one of the most challenging fields for the secondary rules governing State responsibility. In particular, the conditions for establishing how the critical obligation of States to prevent environmental harm has been breached remain rather obscure. The Articles on the Responsibility of States for Internationally Wrongful Acts, adopted by the UN ILC in 2001, do not help to clarify the issue of whether preventive commitments of States in the field of environmental protection can be classified as obligations of conduct, of result, or otherwise. Considering the poor conceptualization of the matter in the ILC Articles, very little can be expected from the test of judicial application to which the same Articles are currently submitted. Nonetheless, recent international case law in environmental matters reveals that international judges are inclined to rest on the qualification of the States’ obligations to prevent environmental harm as one of conduct or of due diligence and to elaborate about the conditions governing the breach of such obligation. The contribution aims at revisiting the issue of the breach of the obligation to prevent environmental damage in light of recent international case law and to assess its relevance for the process of the codification of State responsibility.
Capitolo o saggio
State Responsibility. Due Diligence Obligations. Environmental Harm
English
Trends and Challenges in International Law. Selected Issues in Human Rights, Cultural Heritage, Environment and Sea
978-3-030-94386-8
Arcari, M. (2022). The Breach of the Obligation to Prevent Environmental Harm and the Law of State Responsibility. Revisiting the Issue Against the Test of Judicial Application. In M. Arcari, P.L. Papanicolopulu I. (a cura di), Trends and Challenges in International Law. Selected Issues in Human Rights, Cultural Heritage, Environment and Sea (pp. 177-207). Cham : Springer Nature [10.1007/978-3-030-94387-5_7].
Arcari, M
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10281/370705
Citazioni
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
Social impact