Unformatted text preview: sequence and the injury is established by clear and convincing evidence. Trail Smelter Arbitration and core principles of Int.
Environmental States have a duty to prevent transboundary environmental harm
Absolute State Sovereignty: Absolute territorial sovereignty, as the name implies, is the theory that a riparian state has complete control over all waters lying within its territory, and may utilize those waters without regard for the effects on the downstream or coriparian states. Limited State Sovereignty: The limited territorial sovereignty theory holds that a state may make use of the waters flowing through its territory to the extent that such use does not interfere with the reasonable use of waters by the downstream states States have an obligation to pay compensation for the harm they cause The Corfu Channel Case, ICJ, International Court of Justice. 30
September 1947 – 15 December 1949
September The decision of the International Court of Justice in the Corfu Channel Case incorporated this general principle of limited territorial sovereignty, stating that it is "every State's oblig...
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