Call Us: US - +1 845 478 5244 | UK - +44 20 7193 7850 | AUS - +61 2 8005 4826

m Economic Equity to Environmental Ethos’

Co-operation, notification, consultation The existence of a general duty of co-operation is well established in international law. This duty is formulated, inter alia, in Principle 4 of General Assembly Resolution 2625 (XXV) on the ‘Principles of 66 Tatar v. Romania, ECtHR Application No. 67021/01, Judgment (27 January 2009, Final 6 July 2009) (‘Tatar v. Romania’), para. 120. 67 Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan), Provisional Measures, ITLOS Case Nos. 3 and 4, Order (27 August 1999) (‘Southern Bluefin Tuna’), para. 77 (the French text speaks of ‘prudence et précaution’). 68 MOX Plant Case (Ireland v. United Kingdom), ITLOS Case No. 10, Order (3 December 2001) (‘MOX Plant’), para. 84 (the French text speaks of ‘prudence et précaution’). 69 Responsibilities in the Area, supra n. 40, para. 135. 70 See Pfizer Animal Health SA v. Council, CFI Case T-13/99, Judgment (11 September 2002), paras. 114-15. See also Gowan Comércio Internacional e Serviços Lda v. Ministero della Salute, CJEU Case C-77/09, Judgment (22 December 2010), para. 75. 71 See TFEU, supra n. 62, Art. 191 (formerly EC Treaty, Art. 174). C:/ITOOLS/WMS/CUP-NEW/5969431/WORKINGFOLDER/DUPUY/9781107041240C03.3D 65 [51-90] 25.2.2015 6:21PM 65 Prevention International Law Concerning Friendly Relations and Cooperation among States’. 72 In the context of environmental law, however, the duty of co-operation has taken many different forms.73 The Group of Experts convened by the CSD in 1995 to identify the principles of international environmental law distinguished between a duty to co-operate ‘in a spirit of global partnership’ 74 and a duty to cooperate in ‘a transboundary context’. 75 The first encompasses the relations among States with respect to the ‘global commons’, and it has crystallised into ‘principles’ and ‘concepts’ such as the ‘common concern of humankind’, 76 the ‘common heritage of mankind’, 77 the ‘common but differentiated responsibilities’ of States78 or, more generally, the ‘differential treatment’ that may be accorded to States on the basis of their particular situation.79 The second duty covers, according to this report, some minimal requirements of co-operation in a transboundary context through norms such as the principle of reasonable and equitable use of shared resources,80 the duty of notification and consultation with States potentially affected by an activity/event having consequences on the environment,81 the obligation to conduct an environmental impact assessment,82 the principle of prior informed consent,83 or the duty to avoid the relocation of activities harmful to the environment.84