نویسنده
عضو هیئت علمی دانشگاه آزاد اسلامی، واحد کرمانشاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Ecuador’s claim against Colombia or "Aerial Herbicide Spraying Case" was heard by the ICJ at 31 March 2008. It contains some points and issues which are ecologically of high importance in trans-boundary pollutions so that some experts call it “Trail Smelter” of the twenty-first century. The Trail Smelter case (USA v. Canada) is not an unknown issue for those interested in the international environmental law. It is so famous that Prue Taylor maintains it can be called an international environmental law proverb. The most important finding in the Trail Smelter award may be certainly summarized as principle of sic utere tuo ut alienum non. Hence, the Aerial Herbicide Spraying case has developed and established this principle in international environmental law system but without prejudgment and before ICJ’s final decision, more study still needs to be made through the judicial precedent and legal literature to clarify the different aspects of it.
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