The history of international environmental law - Introduction to International Environmental Law - page 35

actor model for the creation of sustainable development. Of course, it is easier
to adopt principles and agendas than to actually fi nance and implement them
in practice.
I see this as the beginning of a new phase - a phase of maturity in international
environmental law. This is also evident in recent international environmental
agreements. The focus is no longer on agreeing new conventions or protocols
but on putting them into practice both internationally (by amendments, MOU
documents, or major international meetings) and domestically (by means of
national agendas and implementation through legislation).
Governments also seem to be taking environmental rules more seriously, as
is evidenced by an increased willingness to protect their own environment
through the international courts of justice. 38 Before 1993, when Hungary
and Slovakia submitted a dispute concerning environmental damage caused to
the Danube through their joint dam project, 39 the International Court of Justice
had not processed many environmental disputes. Since then, the Court has
made one more ruling on environmental law and two further cases are pending.
Environmental disputes between neighbours
Pollution can be the cause of environmental disputes between neighbouring
countries, because it is possible to give credible evidence of another country's
responsibility for the environmental damage caused.
For example, in the Pulp Mills on the River Uruguay case ( Argentina v Uruguay )
decided in 2010, the International Court of Justice addressed the environmental
impact on the boundary river between Uruguay and Argentina of the pulp mills
on the Uruguayan side. 40 The Court has now considered and is currently pro-
cessing other cases concerning pollution between neighbouring states.
The Aerial Herbicide Spraying case 41 concerns the actions of the Colombian
government in the destruction of cocoa and poppy crops by aerial herbicide
spraying near the Ecuadorian border. Ecuador claims that the toxic herbicides
have caused massive damage to the environment, crops and the health of humans.
The diffi cult neighbourly relations between Costa Rica and Nicaragua have
already spawned three ICJ cases, the fi rst of which was decided in 2009. 42 Two
further cases are pending. In the fi rst, Costa Rica complains ( inter alia ) that Nica-
ragua's dredging of the Costa Rican Colorado river and construction of a canal
is being carried out in a manner that is causing damage to Costa Rican territory,
including the wetlands and national wildlife protection areas. 43 In 2011, Nicaragua
instituted the third contentious proceedings between the two countries at the ICJ,
arguing that Costa Rica, in carrying out major construction works along the border
area, is threatening to destroy the San Juan river: 'its fragile ecosystem, including
the adjacent biosphere reserves and internationally protected wetlands that depend
upon the clean and uninterrupted fl ow of the River for their survival' (para. 4). 44
Of course, such cases are often only partly about environmental protection. There
are other issues at stake as well: defi ning the boundaries between the states, securing
economic interests, protecting possessions, and being awarded compensation.