Tue, Mar 30

POL 309-800, International Law
SUNY Oswego | Spring 2021
Dr. Craig Warkentin

  • Ch. 6, International Environmental Law (311-334)

  • Describe developing standards of state responsibility for environmental harm
  • Discuss the roles of CIL, treaties, and guiding principles in environmental law
  • Assess the prospects for effectively enforcing international environmental law

  • precautionary principle (330)
  • sustainable development (331)

Questions

P. 315

  1. The United Kingdom failed to prove either that Albania laid the mines or that the mines were laid with the connivance of the Albanian Government. Why then was Albania held responsible for the explosion of the mines and the resulting damage?
  2. If Albania had known of the existence of the mines, what could she have done short of removing them, to avoid responsibility for the explosions?
  3. How would you phrase, in general terms, the principle of state responsibility which this case articulates?
  4. What purposes might underlie such a rule? Consider that problems of proof are particularly complex at the international level, where states are not entitled to undertake investigations in the territories of other states.

P. 317

  1. The Trail Smelter was not violating any laws of British Columbia or Canada. Why then was Canada held responsible for the damage caused in the state of Washington?
  2. How would you restate the rule of international law that Canada was found to have violated?
  3. What sources did the tribunal rely upon in finding the above rule of international law?