ABSTRACT

This chapter analyses the application of the principles of sustainable development in the 2011 Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v Nicaragua) International Court of Justice (ICJ) decision. It highlights that this case established that States must be capable of preventing irreparable prejudice to natural resources, and the need for good governance and precaution to reduce tension and hostility in political disputes over territory and natural resources. The chapter addresses the environmental impacts of the case and the application of the sustainable development principles. In March 2011, the ICJ ordered Nicaragua and Costa Rica to refrain from sending their security forces to the disputed border area between the two countries, thus meeting a key demand of the Costa Rican government. The Court also determined that, as Costa Rica had asserted, it could be shown that dredging work carried out in the neighbouring Nicaragua San Juan River caused environmental damage.