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Philippine Bar review · Question

Practice question: Principle 21

Multiple Choice Medium

Practice question

A proposed industrial project presents a documented risk of significant adverse effects on a shared transboundary river. The State refuses assessment solely because no damage has occurred yet. Under Pulp Mills, which is correct?
  1. Assessment requires completed harm in every case
  2. Private profit extinguishes the risk inquiry
  3. The shared river is legally irrelevant
  4. Assessment is only a public-relations option
  5. The stipulated significant transboundary risk can trigger assessment before implementation, without waiting for completed harm

Legal references

  • ICJ, Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, April 20, 2010, paragraphs 204-205: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/135/135-20100420-JUD-01-00-EN.pdf

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