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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