Philippine Bar review · Question

Practice question: Polluter Pays Principle

Multiple Choice Hard

Practice question

A State demands an interstate payment solely under a supposedly universal direct polluter-pays rule and cites paragraph 160 as affirmative authority. No treaty specification or other legal basis is established. Which is best?
  1. The cited paragraph does not support that direct-application claim
  2. The paragraph creates an automatic payment judgment
  3. Every environmental claim is proved by naming Rio
  4. No source inquiry is ever needed
  5. The requested amount becomes binding when announced

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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