The International Environmental Responsibility of States Under the Perspective of the International Court of Justice by Cora Maria Freire
Cora Freire’s article ‘The International Environmental Responsibility of States under the Perspective of the International Court of Justice’ analyzes and critiques the international environmental responsibility and protection policies of the International Court of Justice (ICJ). Freire discusses how, since the 1970s, environmental protection has been a significant global issue. However, the international environmental justice system, dominated by the ideals of already developed Western countries, hasn’t established effective policies to hold states accountable without hindering their right to industrialization. Freire explains how developing countries, in South America, Asia, and Africa, are hesitant to adopt environmental protection policies because they fear it may limit their right to industrialize and pursue economic growth, just like Western countries did in the past with great detriment to the environment. Freire also talks about the lack of clear international environmental regulations and a lack of standardized laws, leading to inconsistent ICJ rulings. Freire also mentions several case studies to show the inconsistent legal outcomes in the ICJ. Freire's article demonstrates how these issues with Western environmental protection policies prevent efficient and successful global environmental
protection and laws. Overall, Freire argues for international policy and regulations to incorporate environmental justice policies that don’t prevent the industrialization of developing nations. The article also concludes by stating the need for sustainable development, that accounts for both environmental protection and industrialization through sustainable methods, without ignoring how developed nations have previously damaged the environment on a global scale.
In class, our readings on environmental justice often focused on injustices that have occurred in the United States, especially in marginalized communities, and how environmental protection policies need improvement. Although very important topics to learn about, one topic mentioned a few times in class discussions and readings, but only briefly, was the impacts of mainly Western environmental protection movements on still-developing nations. This topic was something I found very interesting, and I wanted to learn more about it because it looks at environmental justice from an ethical perspective of how environmental protection policies could be harmful in some cases. I firmly believe that environmental protection is of the utmost importance and that we need to increase protection efforts, but I also believe that underdeveloped nations have the same right to industrial development and economic growth as Western countries. For these reasons, I believe this source reinforced the idea of the need to improve environmental protection policies in a just and equal way, but in a way that is different from what we have covered. This source sparks a conversation about how environmental protection policies can be unjust and looks at environmental justice from an angle we haven’t covered as much. This topic goes into the intricacies of environmental justice law and how it falls short globally, and considering it can help us better understand the ethics of environmental justice in our modern world. I’d suggest this source because it doesn’t counter the need for environmental protection
that this course promotes, instead, it shows how environmental justice isn’t a one-dimensional concept of injustices, as a result of hurting the environment. Furthermore, the source adds a new perspective to what we must do to achieve successful environmental protection in our future. Overall, I think this is a really important source for us to read, especially as Americans, to gain a better understanding of why environmental protection movements fall short globally and how less developed countries may have a very different perspective on the subject. - Annotation by Jake Staab, Spring 2025