potentially affected State, where that is necessary to determine the appropriate measures to prevent or mitigate that risk.” 96 152. This obligation of cooperation is also established in conventions to which the coastal States of the Wider Caribbean Region are party, such as the Convention on Biological Diversity (Article 5). c) Importance of environmental impact assessments and the obligation of cooperation in the case of potential harm to the marine environment of the Wider Caribbean Region 153. Regarding the natural and social impacts of harm to the marine environment of the Caribbean, UNEP has ruled on the crucial importance of adopting preventive measures – as opposed to remedial measures– as follows: “The economies of a large number of the countries of the region are highly dependent upon the marine environment primarily through tourism and fishing. These major economic sectors are the first to be affected as a result of degraded ecosystems such as coral reefs, mangrove forests and seagrass beds. Remedial action, taken after harmful effects are evident in a fragile system, may involve very expensive clean-up operations or, at worst, the damage of essential life-supporting systems may be irreparable. Remedial measures for the environment will not necessarily revive a damaged tourist industry, particularly in the short term.” 97 154. Considering the irreparable nature of most damage to the marine environment of the Caribbean and, therefore, the serious harm that the quality of life of the inhabitants of its coasts and islands may suffer, it is crucially important that, in the case of the construction of major infrastructure projects in the Caribbean Sea, complete and reliable environmental impact assessments are carried out – that examine not only the national impacts, but also the transboundary impacts of the respective projects, as well as the measures required to prevent and to mitigate the harm to the marine environment. Furthermore, the obligation to cooperate with the States that may be affected by the execution of a specific project in the Wider Caribbean Region is relevant in order to ensure the suitability of the said measures of damage prevention and mitigation. This is in order to ensure the human rights of all those who could be affected by the construction and operation of such projects, irrespective of the State in which they are executed. 155. Based on the foregoing, the Republic of Colombia respectfully asks the Court to answer the following questions: Should we interpret – and to what extent – the norms that establish the obligation 96 I.C.J., Cases concerning Certain activities carried out by Nicaragua in the border area (Costa Rica v. Nicaragua) and Construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), judgment of December 16, 2015, p. 45, para. 104. 97 UNEP: Relevance and Application of the Principle of Precautionary Action to the Caribbean Environment Program. CEP Technical Report No. 21. UNEP Caribbean Environment Programme, Kingston, Jamaica, 1993. Available at: www.cep.unep.org/pubs/Techreports/tr21en/content.html. 60

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