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Philippine Bar review · Question

Practice question: Polluter Pays Principle

Multiple Choice Hard

Practice question

A scholar accurately reports that the ICJ did not include polluter pays in that opinion’s applicable law, then adds that the Court permanently froze development of all strict liability. Which is correct?
  1. Both statements are expressly identical holdings
  2. The added conclusion contradicts the paragraph’s express reservation about possible development
  3. The Court banned all future hazardous-activity regulation
  4. Every treaty implementing costs became void
  5. No distinction exists between present applicability and future legal development

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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