EXAMINING THE RULES AND PRINCIPLES APPLIED BY THE INTERNATIONAL COURT OF JUSTICE (ICJ) IN DETERMINING CASES ON PROTECTION OF MARINE ENVIRONMENT

Abstract

International environmental law has been marked by two contradictory trends. On the one hand, states and the international community have become aware of the urgent need to protect the marine environment. However, on the other hand, they have been reluctant to enter into international agreements laying down binding obligations, including their specific content and extent. Despite this tension, and in the light of the emerging environmental concerns, any kind of agreements need to be concluded, at least to sooth civil society's pressure. Alongside this process, states started adopting certain types of conduct under the belief that such conduct was necessary in the light of general principles. Thereby, customary international law, general principles of law and normative instruments have advanced a kind of a common law of the environment. International practice shows that states have now accepted a general principle of responsibility for environmental harm, but there are many uncertainties as to the exact content. This study examined the rules and principles being applied by the ICJ in the protection of the marine environment. It appraised decisions of the ICJ where these rules have been applied. The doctrinal research method was adopted as the primary and secondary sources of law were relied upon. This paper found that customary obligations and different regimes of responsibility with respect to the protection of the marine environment. The study recommended that when trying to assess the current status of international environmental law, due regard should be paid to the specific content and extent of the rules and principles in the protection of the marine environment, for they will determine the regime of responsibility to be applied by the International Court of Justice (ICJ).