Societŕ civile, imprese private e diritto internazionale dell'ambiente in una recente decisione della Corte di giustizia dell'ECOWAS

Abstract

In the judgment on preliminary objections in the case of SERAP v. Nigeria and others, the ECOWAS Court of Justice was called upon to take sides on some controversial issues concerning the role played by NGOs and the private sector in the field of international environmental law. On the one hand, indeed, it had to assess whether a NGO has locus standi to claim before an international tribunal the infringement of the right (rectius the diffuse interest) to a healthy environment. On the other hand, the Court was asked whether it has jurisdiction over private companies accused of having violated international environmental law standards. The ECOWAS Court answered in the affirmative to the first question, while giving a negative reply to the second one. Both findings were reached on the basis of argumentations which are sure to stir debate among scholars. In the present note, the main question emerging from this judgment will be discussed in some depth.