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RESEARCH PRODUCT

The International Court of Justice and International Environmental Law

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The jurisprudence of the ICJ on environmental issues has increased significantly in recent years. Although some environmental cases were frustrated, either by the discontinuance of the proceedings by the Parties or because the Court found that it lacked jurisdiction on the merits, an Advisory opinion and several Judgments have already been delivered by the Court. Overall, the contribution of the Court to international environmental law is still modest, in spite of its pronouncements affirming the obligation of States to protect the environment, to prevent transboundary harm to other States or areas beyond national jurisdiction, and to carry out an environmental impact assessment before potentially harmful activities are authorized. However, the environmental jurisprudence of the Court appears to be still overly cautious as compared with the more committed attitude adopted by other competing jurisdictions.