Philippine Bar review · Question

Practice question: No-Harm Principle

Multiple Choice Hard

Practice question

State A licenses a private facility near a frontier. Credible concerns arise that its discharge will damage State B's environment. A refuses even to consider the concern, arguing that its domestic permit conclusively settles all international environmental issues. Applying Rio Principle 2, which conclusion is best?
  1. Domestic licensing necessarily eliminates the stated international responsibility.
  2. The permit automatically becomes a bilateral treaty.
  3. The neighboring State automatically becomes the facility's owner.
  4. The domestic permit alone does not answer the separate responsibility concerning activities under A's jurisdiction or control and environmental damage outside it.
  5. Any concern alone conclusively fixes a criminal sentence.

Legal references

  • Rio Declaration on Environment and Development (1992), Principle 2, https://www.un.org/esa/documents/ga/conf151/aconf15126-1annex1.htm
  • Convention on Biological Diversity, Article 3, https://www.cbd.int/convention/articles/default.shtml?a=cbd-03
  • UN Audiovisual Library, Stockholm and Rio Declarations, https://legal.un.org/avl/ha/dunche/dunche.html

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