damage in the area protected by the convention in question that can be attributed to
a State party – to that convention and to the Pact of San José – the human rights of
the person in question have been violated or are threatened.
II. Are the measures and the actions taken by one of the States parties the effects of
which, by act and/or omission, may cause serious damage to the marine environment –
which constitutes the way of life and an essential resource for the subsistence of the
inhabitants of the coast and/or the islands of another State party – compatible with the
obligations set out in Articles 4(1) and 5(1), read in relation to Article 1(1), of the Pact of
San José? Or of any other permanent provision?
III. Should we interpret – and to what extent – the norms that establish the obligation to
respect and ensure the rights and freedoms set out in Articles 4(1) and 5(1) of the Pact in
the sense that they infer the obligation of the States Parties to the Pact to respect the
norms of international environmental law that seek to prevent any environmental damage
which could restrict or preclude the effective enjoyment of the rights to life and to
personal integrity, and that one of the ways of complying with that obligation is by
making environmental impact assessments in an area protected by international law, and
by cooperation with the States that could be affected? If applicable, what general
parameters should be taken into account when making environmental impact assessments
in the Wider Caribbean Region, and what should be the minimum content of these
assessments?
5.
The Court’s opinion will have great relevance for effective compliance with international
human rights obligations by the agents and organs of the States of the Wider Caribbean Region,
as well as for reinforcing global awareness, by clarifying the scope of the obligations under the
Pact in relation to environmental protection and, in particular, the importance that should be
accorded to environmental and social impact assessments, to projects that prevent and mitigate
environmental damage, and to cooperation between the States that may be affected by harm to
the environment in the context of the construction and operation of mega projects that, once
commenced, may have an irreversible negative impact on the marine environment.
21
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