Flashcards Studio

A copper-smelting facility sits in a Philippine border province along a river that forms part of the boundary with State W. During the rainy season, tailings containing heavy metals and cyanide inadvertently spill from the facility’s containment into the river and cross into State W, causing fish kills and contamination of drinking-water sources near the border. State W protests and seeks cessation of the tailings discharge and compensation for damages; the Philippines argues it has complied with domestic environmental regulations and that the harm is not transboundary.   (a)Identify the controlling doctrine under Principle 21 of the Stockholm Declaration and its essential elements. (b)Distinguish the "no-harm principle" from the "duty to cooperate" and explain how each applies to these facts. (c)Apply the doctrine to the facts and state the likely remedies and outcomes under international law and Philippine practice.