CHAPTER 1. THE PROVISIONS TO BE INTERPRETED
1.
This request refers specifically to the interpretation of articles:
- 1(1) (Obligation to Respect Rights),
- 4(1) (Right to Life),
- 5(1) (Right to Humane Treatment/Personal Integrity), and
- 4(1) and 5(1) of the Pact of San Jose, in relation to Article 1(1), in light of international
environmental law.
2.
The essential issue raised before the Court – and which will later be disaggregated into
specific questions – is as follows: how should the Pact of San José be interpreted when there is a
risk that the construction and operation of major new infrastructure projects will have a severe
impact on the marine environment of the Wider Caribbean Region and, consequently, the human
habitat that is essential for the full exercise and enjoyment of the rights of the inhabitants of the
coasts and/or islands of a State Party to the Pact, in light of the environmental laws established in
treaties and in customary international law applicable between the respective States?
3.
Furthermore, how should the Pact of San José be interpreted in relation to other treaties
concerning environmental matters that seek to protect specific areas, such as the Convention for
the Protection and Development of the Marine Environment of the Wider Caribbean Region, in
relation to the construction of major infrastructure projects in States Parties to these treaties and
the respective international obligations as regards prevention, protection, and mitigation of
damage and cooperation between the States that may be affected?
4.
The specific questions posed to the Court will be developed in Chapter 4 of this
document. However, they are summarized below:
I. Pursuant to Article 1(1 of the Pact of San José, should it be considered that a person,
even if he is not in the territory of a State Party, is subject to the jurisdiction of that State
in the specific case in which the following four conditions are met cumulatively?
(i) That the person resides or is in an area delimited and protected by a treaty-based
environmental protection system to which that State is a party;
(ii) That the said treaty-based system establishes an area of functional jurisdiction,
such as, for example, the one established in the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean Region;
(iii) That in the said area of functional jurisdiction, the States parties have the
obligation to prevent, reduce and control pollution by means of a series of general
and/or specific obligations, and
(iv) That, as a result of damage to the environment or of the risk of environmental
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