Philippine Bar review · Question

Practice question: Polluter Pays Principle

Multiple Choice Medium

Practice question

A legislature creates a lawful sector-specific pollution-cost regime. A critic says the 2025 opinion prohibited it because polluter pays was not applicable in that advisory proceeding. Which is best?
  1. Every national pollution regime was automatically annulled
  2. Only the ICJ may ever regulate private pollution
  3. The recommendation can never inform legislation
  4. A national legislature must ignore all environmental costs
  5. The opinion did not invalidate all such specific national regimes

Legal references

  • ICJ, Obligations of States in respect of Climate Change, July 23, 2025, main advisory opinion: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/187/187-20250723-adv-01-00-en.pdf; paragraphs 159-160.
  • Rio Declaration: https://www.cbd.int/doc/ref/rio-declaration.shtml; Principle 16.

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