Practice question
An applicant presents relevant evidence of an environmental risk. The respondent possesses monitoring records that could assist the court but says the applicant’s initial burden legally forbids its cooperation. Which is best?
- Paragraph 163 rejects that inference; initial substantiation does not excuse withholding relevant assistance on that basis
- The applicant’s burden requires the respondent to hide every record
- Evidence possessed by a respondent is legally invisible
- Only a final judgment can authorize any evidentiary cooperation
- Precaution makes all monitoring unnecessary
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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