Covenant on Economic, Social and Cultural Rights, the Stockholm Declaration, the Amazon Cooperation Treaty, the Amazon Declaration, the World Charter for Nature, the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, the Rio Declaration on the Environment and Development, and the Convention on Biological Diversity. 48 72. The foregoing considerations on the legal context of this request for an advisory opinion underline the connectivity between environmental law and the human rights recognized in the Pact of San José, which is the essence of the questions asked below. CHAPTER 4. THE SPECIFIC QUESTIONS ON WHICH THE OPINION OF THE COURT IS BEING SOUGHT 73. In view of the fact that certain activities may have serious consequences and cause severe damage to the marine environment on which the habitat of the inhabitants of the coasts and islands of the Wider Caribbean Region depends, as indicated in Chapter 2, the essential legal question posed to the Court is to know whether, and to what extent, the rights recognized in the Pact of San José can ensure the protection of those inhabitants in relation to this potential harm. 74. Neither the Court nor the Commission has examined or had to rule on questions such as these, which are extremely important for all the States of the Wider Caribbean Region and, particularly, for all the inhabitants of the coasts and islands of this region – who depend on the quality of their marine environment for the effective enjoyment of their human rights. At the present time, it is certain, or can be envisaged, that new infrastructure projects will be constructed in maritime zones, and these could potentially have a severe impact on the quality of life and the personal integrity of the inhabitants of the Caribbean, irrespective of whether or not they live in the territory of the State in whose jurisdiction such new projects are being executed. 75. In addition, to date neither the Court nor the Commission has had the occasion to rule on the scope of the obligation of the States Parties to the Pact to respect and ensure the human rights and freedoms of the inhabitants of the Wider Caribbean Region in those cases in which major infrastructure projects executed within their jurisdiction could cause severe damage to the marine environment of this region, which could harm the rights that are recognized in the Pact of San José (Section 1). 76. As mentioned previously, the Court’s response to this request will be extremely relevant for effective compliance with international human rights obligations by the agents and organs of the States of the Wider Caribbean Region, as well as to reinforce global awareness, by clarifying the scope of the obligations under the Pact, particularly those contained in Articles 4(1) and 5(1), in relation to the protection of the environment and, consequently, to the development and 48 1997. IACHR, Report on the situation of human rights in Ecuador, OEA/Serv.L/V/II.96, Doc. 10 rev. 1, April 24, 60

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