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Philippine Bar review · Question

Practice question: Polluter Pays Principle

Multiple Choice Medium

Practice question

A memorandum says the ICJ expressly applied polluter pays as a direct freestanding interstate rule in its 2025 opinion. Which correction is needed?
  1. The memorandum exactly quotes the holding
  2. The Court fixed a universal damages percentage
  3. The Court dispensed with every source of law
  4. Paragraph 160 says it was not part of applicable law for that opinion
  5. The Court converted Rio into a universally ratified treaty

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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