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NotesESS HLTopic 9.1International courts and tribunals
Back to ESS HL Topics
9.1.107 min read

International courts and tribunals (ESS HL)

IB Environmental Systems and Societies • Unit 9

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Contents

  • International courts and tribunals at Higher Level
  • International courts and tribunals
  • Cases that set principles
  • Courts and climate change
  • The EU Court of Justice: Białowieża Forest
  • Putting a price on damage
  • How far can courts protect the environment?
  • Exam-style question
International courts and tribunals at Higher Level: This statement is part of the environmental law lens, studied at Higher Level only. It shows how international courts have applied environmental law, from a smelter's fumes in 1941 to climate change in 2025, and why compensation for damage is so hard to set.

Practise this as you read

  • Outline a case and the principle it set.
  • Outline the difficulties of setting compensation for environmental damage.
  • Evaluate, to what extent, how far courts can protect the environment.

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When countries disagree: International courts and tribunals apply international environmental law to real disputes. They need jurisdiction, and they can also give an advisory opinion.

The courts to know

  • International Court of Justice (ICJ): the UN's main court; disputes between states.
  • ITLOS: the tribunal for the law of the sea (UNCLOS, 1982), in Hamburg.
  • EU Court of Justice: makes EU countries obey EU environmental law.
  • Courts settle disputes, give advisory opinions, and set principles later cases follow.
  • An international court needs the states' consent (jurisdiction).
Remember it as: Hague for states, Hamburg for seas, Luxembourg for the EU.
Table of three courts: the International Court of Justice, The Hague, since 1946, Pulp Mills case 2010; the Law of the Sea Tribunal, Hamburg, since 1996, climate opinion 2024; the EU Court of Justice, Luxembourg, since 1952, Białowieża Forest case 2018.
Three courts, three kinds of environmental case.

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Court cases turn general rules into clear principles. Learn one case for each.

Principles set by cases

  • No-harm principle: a state must not let its territory harm another's (Trail Smelter, 1941).
  • Assess first: an EIA is needed when a project risks harm across a border (Pulp Mills, 2010).
  • Sustainable development must guide shared projects (Gabčíkovo-Nagymaros, 1997).
  • Treaties are tested: Japan's 'scientific' whaling was not for science (Whaling, 2014).

Trail Smelter (USA v Canada, 1941)

Fumes from a metal smelter at Trail, Canada, damaged farms and forests in Washington State, USA. An arbitration tribunal held Canada responsible: no state may use its territory to cause serious harm to another.

Pulp Mills (Argentina v Uruguay, 2010)

Uruguay allowed a pulp mill on the River Uruguay, a shared river, without telling Argentina properly. The ICJ found Uruguay broke its duty to inform and consult, but pollution was not proved, so the mill stayed open. An environmental impact assessment is required where harm could cross a border.

Whaling in the Antarctic (Australia v Japan, 2014)

The ICJ found Japan's whaling permits were not for scientific research, so Japan had to stop that programme. It later began a new one, and in 2019 left the International Whaling Commission.

Small island states, facing rising seas, asked two courts what the law requires on climate change.

The climate opinions

  • ITLOS, 2024: greenhouse gas emissions are pollution of the sea; states must act.
  • States need stringent due diligence: every reasonable step to cut emissions.
  • ICJ, 2025: states have legal obligations to protect the climate, guided by 1.5 °C.
  • Fossil fuel licences or subsidies may be an internationally wrongful act.
  • Opinions are not binding, but courts and governments use them.
1

2019: students in Vanuatu

Law students in Vanuatu began a campaign to take climate change to the ICJ.

2

2024: ITLOS

Asked by the Commission of Small Island States, the tribunal said emissions pollute the sea and states must use stringent due diligence.

3

2025: the ICJ

Asked by the UN General Assembly, the 15 judges agreed unanimously that states have legal climate obligations.

Courts for people, too: In 2024 the European Court of Human Rights ruled that Switzerland's weak climate policy broke the rights of a group of older Swiss women (KlimaSeniorinnen), who suffer most in heatwaves.

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The EU Court of Justice can make member states obey EU nature law, and can order fines. Białowieża Forest, on the border of Poland and Belarus, is one of Europe's last ancient lowland forests and a Natura 2000 site.

1

2016: logging rises

Poland's government tripled logging in part of the forest, saying it was fighting a bark beetle outbreak.

2

2017: interim orders

The court made an interim order to stop the logging, then warned Poland it could be fined at least €100,000 a day.

3

2018: judgment

The court ruled that the logging broke EU nature law. Poland stopped the large-scale logging.

Why the EU court is stronger: Unlike the ICJ, the EU court has jurisdiction over every member state automatically and can impose daily fines, so its rulings are harder to ignore.

The guide names one difficulty for these courts: working out fair compensation for damage to the environment.

Why compensation is hard

  • Hard to put a price on lost ecosystem services: carbon storage, habitat, flood protection.
  • Damage may last decades; recovery times are uncertain.
  • Hard to prove which harm the act caused (causation).
  • Different valuation methods give very different answers.
  • Some losses, such as a species, cannot be repaired with money.

Costa Rica asked for

  • About US$2.88 million
  • Six ecosystem services, each priced
  • Over a 50-year recovery period

The ICJ gave (2018)

  • US$120,000 for lost goods and services
  • Only four services accepted as proved
  • The damage judged as a whole

Real example: Nicaragua dug channels through a protected wetland in Costa Rica in 2010 and 2013, cutting about 300 trees. In 2018 the ICJ made its first ever award for environmental damage: US$378,890 in all, including costs.

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Weigh what courts can and cannot do before you judge them.

Strengths and limits of courts

  • Strengths: settle disputes peacefully; set principles; give voice to small states.
  • Consent: states can refuse a court's jurisdiction, or leave a treaty.
  • Enforcement: no police; states may ignore rulings.
  • Slow and costly: cases take years, after the damage is done.
  • Small awards: compensation may be far below the real loss.
A ruling is not the end: After the 2014 whaling ruling, Japan started a new programme and later left the treaty. A court can say what the law is; whether a state obeys depends on politics.
How this could come up: No paper has asked this statement on its own yet; May 2026 credited 'International and European Courts of Justice' in an essay on international agreements. Likely shapes: a Paper 1 lens question [6]; Paper 2 Section A, outline two difficulties [2]; a Section B (c) essay [9].
IB-style questionSuggest[6 marks]

In 2017 and 2018 the EU Court of Justice ruled on Poland's logging in Białowieża Forest, a protected Natura 2000 site.

Through the lens of environmental law, suggest how the court's decisions could lead to the protection of the forest.

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In the 1920s and 1930s, fumes from a metal smelter at Trail, Canada, damaged farms and forests across the border in Washington State, USA.

the principle set by the Trail Smelter arbitration.
[2 marks]

Related ESS HL Topics

Continue learning with these related topics from the same unit:

9.1.1What laws are
9.1.2What environmental law covers
9.1.3Environmental law, justice and lobbying
9.1.4Making environmental law work
View all ESS HL topics

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