Practice question
A respondent asserts an independent factual defense but refuses to support it, saying only an applicant ever proves facts. What follows from paragraph 162?
- Respondents’ factual claims are always conclusively true
- Every defense is exempt from evidence
- Only the length of the defense matters
- Precaution requires automatic victory for the respondent
- The general proof principle also applies to the respondent’s factual assertions
Legal references
- ICJ, Pulp Mills on the River Uruguay, April 20, 2010, main judgment: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/135/135-20100420-JUD-01-00-EN.pdf; paragraphs 162-164.
- Rio Declaration: https://www.cbd.int/doc/ref/rio-declaration.shtml; Principle 15.
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