Environmental Litigation by Asia Pacific States at the International Court of Justice

Abstract

States in the Asia Pacific region have been applicants and respondents in a substantial proportion of contentious cases in the International Court of Justice (‘ICJ’), with Australia, Cambodia, Indonesia, Japan, Malaysia, Marshall Islands, Nauru, New Zealand, Singapore, Thailand and Timor-Leste all appearing before the ICJ. Also noteworthy is that most of the cases in which these states have been parties have concerned environmental or natural resource management issues, ranging in subject matters from nuclear testing to whaling. This article contends that Asia Pacificstates are among the most active users of the Court in cases of this type for several reasons, including the relatively high degree of regional concern in relation to environmental issues (particularly among South Pacific states). It argues that although encounters by Asia Pacific states with the ICJ have not always been straightforward, they have, in sum, made a constructive contribution to the development and functioning of key norms of international law relating to the environment and to resolving disputes over natural resources.