Sonora case Pays/Territoire International Type de cour Autres Date Avr 7, 1999 Source UNEP, InforMEA Nom du tribunal International Court of Environmental Arbitration and Conciliation Siège de la cour San Sebastian Juge MateoRehbinderPigrettiSancyZeledon Numéro de référence EAS 1/99 Langue Anglais Sujet Déchets et substances dangereuses Mot clé Mouvement transfrontière des déchets Responsabilité/indemnisation Résumé This was a request for a consultative opinion as to whether or not the waste and dangerous substances deposited by a Mexican company in Tijuana and transferred to a deposit in Sonora had to be returned to their country of origin, namely the United States of America. There were concerns about the international conveyance of dangerous waste and the tendency to turn large areas of certain "destination" countries into "poisonous international dumping grounds". Around 30,000 cubic metres of lead contaminated waste, most of which by far had been illegally imported from the United States, had been left in a Ranch in Tijuana. Later on, the said waste was transferred upon the initiative of the Mexican Government to the CYTRAR deposit located in the town of Hermosillo, Sonora. The court examined the failure to apply the Basel Convention in the case, the emerging creation of international liability for environmental damage, the existence of contractual liability, the obligation of the United States to apply its own legislation and problems regarding the jurisdiction of the dispute. It concluded that the claim for international liability of the States involved on the basis of the 1989 Basel Convention regarding cross-border movements of dangerous waste was closed, and therefore in order to obtain liability it was necessary to abandon the traditional means of repair used in international law as they had proved to be insufficient. There was international liability of both States on the basis of the breach of the principles of environmental co-operation and prevention of cross-border environmental damage, which would be a legal basis in support of an international claim against such acts. Suitable prevention and protective measures regarding the environment required that the range of the liability mechanisms applicable in this field be extended, acknowledging that States could be held liable for actions performed by private individuals acting under their jurisdiction and control on the basis that they were answering for their own acts regarding the breach of an international obligation to ensure surveillance and protection. As far as the practice of States was concerned, claims for international liability were between States and the difficulties persisted with regard the legal questions of suitable penalties. In relation to the case in question, the court recommended a solution that allowed full repair of the damage through the American Superfund. It emphasized the possibility of applying the C.E.R.C.L.A. (Comprehensive Environmental Response, Compensation and Liability Act of 1980, USA) on a backdated and objective basis thereby achieving almost immediate full repair of the contamination. Finally, the conduct of the State of Mexico in relation to the CYTRAR dangerous waste dumping ground had given rise to environmental damage that was putting the health and life of the people around at serious risk. It was possible to demand that the State repair the damage caused to the environment, including the specific obligation to return the dangerous waste to its place of origin. The U.S.A. would have to finance this operation. Texte intégral caso_sonora.html Références Cites Case concerning the Gabcikovo-Nagymaros Project Jurisprudence | Cour internationale | Hongrie, Slovaquie | Sep 25, 1997 Mot clé: Accord international-mise en oeuvre, Développement durable, Utilisation durable, Contrat/accord, Règlement des différends, Conservation de l'énergie/production de l'énergie, Accord international-texte, Prélèvement d'eau, EIA, Érosion, Normes de qualité de l'eau Source: UNEP, InforMEA Lake Lanoux Arbitration (France v. Spain) Jurisprudence | Cour internationale | France, Espagne | Nov 16, 1957 Mot clé: Contrat/accord, Droits d'utilisation de l'eau Source: UNEP, InforMEA