Philippine Bar review · Question

Practice question: Polluter Pays Principle

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Practice question

Explain the distinction between Rio Principle 16’s policy approach and the ICJ’s 2025 conclusion on applicable law.

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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