Philippine Bar review · Question

Practice question: No-Harm Principle

Multiple Choice Medium

Practice question

A project has a completed prior EIA. New operational information makes continuing monitoring necessary. Officials say the initial document permanently exhausts all vigilance. Which is correct?
  1. An initial report forbids all later evidence
  2. Every new risk is legally irrelevant
  3. Monitoring always invalidates the initial approval
  4. Only a private contract can authorize observation
  5. Paragraph 205 contemplates monitoring after start-up where necessary throughout the project’s life

Legal references

  • ICJ, Pulp Mills on the River Uruguay, April 20, 2010, main judgment: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/135/135-20100420-JUD-01-00-EN.pdf; paragraphs 204-205.
  • Rio Declaration: https://www.cbd.int/doc/ref/rio-declaration.shtml; Principles 2,17.

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