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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