Search Climate Insights Directory

The brief asserts that customary international law requires states to exercise due diligence to prevent significant transboundary environmental harm, a principle rooted in the 'sic utere' doctrine and affirmed by the International Court of Justice and various international declarations. It argues that the 1988 U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances does not act as lex specialis to displace this obligation because the Convention focuses on cooperation against drug trafficking rather than state liability for environmental damage.