ERGA OMNES OBLIGATION AND THE INTERNATIONAL COURT OF JUSTICE’S DICISIONS IN ENVIRONMENTAL MATTER: APPLYING INTERNATIONAL LAW IN THE PROTECTION OF THE ENVIRONMENT.

Main Article Content

Raphael Vieira da Fonseca Rocha
Fernando Lopez Rangel
Iandra Rezende Silva

Abstract

The protection of the environment is commonly topic of several debates in today's multilateral forums. In a scenario guided by the development at all costs, with reinforcement of the classic idea of ​​State sovereignty in the last decade, environmental damage is increasingly common. In this sense, any proposal that offers more instruments for environmental protection is welcome. The paper aims to examine two aspects. First, the obligation erga omnes as an important instrument for expanding the legitimacy of States in proposing judicial measures in international courts against States violating the international obligation of environmental protection. Secondly, the tendency of the International Court of Justice to recognize the environment as an intrinsic value, endowed with its own rules and principles, which does not need to be prescribed in written sources to be invoked by the injured and non-injured States. Thus, with an expansion of active legitimacy and its own set of rules, international law as a whole and international environmental law have a lot to add in terms of environmental protection.


Keywords: International Environmental Law; International Court of Justice; Erga Omnes Obligation; Protection of the Environment; Public International Law.

Downloads

Download data is not yet available.

Article Details

How to Cite
VIEIRA DA FONSECA ROCHA, Raphael; LOPEZ RANGEL, Fernando; REZENDE SILVA , Iandra. ERGA OMNES OBLIGATION AND THE INTERNATIONAL COURT OF JUSTICE’S DICISIONS IN ENVIRONMENTAL MATTER: : APPLYING INTERNATIONAL LAW IN THE PROTECTION OF THE ENVIRONMENT. Revista Brasileira de Direito Internacional, Florianopolis, Brasil, v. 10, n. 2, 2025. DOI: 10.26668/IndexLawJournals/2526-0219/2024.v10i2.10955. Disponível em: https://indexlaw.org/index.php/direitointernacional/article/view/10955. Acesso em: 5 dec. 2025.
Section
Artigos
Author Biographies

Fernando Lopez Rangel, Universidade do Estado do Rio de Janeiro (UERJ)

Master's student in International Law at the PPGD of the State University of Rio de Janeiro (UERJ). Bachelor of Laws from the Pontifical Catholic University of Rio de Janeiro (PUC-Rio). CNPQ scholarship holder and researcher at the Casa de Rui Barbosa Foundation. Lawyer.

Iandra Rezende Silva , Centro Universitário Serra dos Órgãos (UNIFESO)

Law undergraduate at the Serra dos Órgãos University Center (UNIFESO).