Oldal 25 [25]
OCR
Chapter 1. Foundation that can adeguately assess the complex scientific evidence.? In addition, ensuring access to justice for states and the non-state sector and the establishment of erga omnes obligations are also important aspects. Finally, the need for developing a modern and clear international environmental law is also raised, the effective implementation of which would be ensured through the courts compulsory jurisdiction.? In February 2011, the Coalition also adopted the draft statute of the court to be established, which, starting with organisational issues, sets out the basis for the courts operation.” The only place where the ICE sets out the law applicable to decisions is in relation to the advisory opinion procedure. From the general wording and formulation of the statute, it can be inferred that any instrument relating to environmental law arising from disputes would be applied, in particular, international agreements and conventions with case-by-case conflicts of law. It can be concluded that any instrument relating to environmental law arising from the disputes would be applied, particularly international agreements and conventions that may conflict with the norms. Specifically, in the advisory opinion procedure, the court may take into account international conventions and applicable private law treaties; general rules and principles of international environmental law; relevant national law, following generally accepted rules of private international law and established practice at the national and international levels; relevant scientific and technical issues, expertise; any other principles, rules or standards that are considered appropriate, including justice.”° In the spirit of the accepted draft statute, ecocide legislation could also appear in the cases of the future environmental judicial forum. The already existing international forums also have to face a growing share of environmentally related cases, although the International Court of Justice only tends to show “cautious” steps towards environmentalism. Among the relevant cases, the Gabeikovo-Nagymaros Project”’ was one of the early examples of how states tried to provide environmental justification as a basis for exemption from liability. However, in that case, the ICJ did 3 On the role of natural science in judicial reasoning, see Sulyok, Katalin: Science and Judicial Reasoning: The Legitimacy of International Environmental Adjudication. Cambridge University Press, Cambridge, 2022. 34 TCE Coalition: Creating the International Court of Environment. Available at http:// www.icecoalition.org. 3% ICE Coalition: Draft Protocol for an International Court for the Environment, February 2011. Available at: https://www.icecoalition.org/resources. 2 IV. Chapter Art. 11. 27 Gabéikovo-Nagymaros Project (Hungary v. Slovakia), Judgment, 1. C.J. Reports 1997, p- 7. para 140. 23
