1. International Court of Justice (ICJ)

Abstract

In 2010, the ICJ rendered judgments in three contentious cases, including the Pulp Mills on the River Uruguay case in which the environment was a central issue, and issued one advisory opinion. In addition, at least four of the sixteen cases pending before the court at the end of the year include environmental components. The court delivered its first decision of the year, Pulp Mills on the River Uruguay (Argentina v Uruguay), on 20 April, which regards the contested planning, construction, and commissioning of two pulp mills on the River Uruguay. This judgment is examined in detail in this report. The second case concluded in 2010, Certain Questions Concerning Diplomatic Relations (Honduras v Brazil), was removed from the court’s list by order dated 12 May at the request of Honduras. The court issued its advisory opinion on the question of the Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo on 22 July, responding that the declaration of independence of Kosovo adopted on 17 February 2008 did not violate international law. Finally, the court delivered its judgment in the case of Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) on 30 November, dismissing a number of Guinea’s claims but, ultimately, holding that the Democratic Republic of Congo (DRC) had violated Mr. Diallo’s fundamental human rights in carrying out his arrest, detention, and expulsion in 1995-96 and that the DRC was under obligation to make appropriate reparation in the form of compensation. The case remains on the court’s pending docket because the court held that, failing agreement between the parties on the issue of compensation within six months of the judgment, the question would be settled by the court and, therefore, reserved the subsequent procedure for that purpose.