human rights treaties ratified by the Respondent State.
35. The Court notes, in effect, that Article 2 of the Algiers Convention with the
heading “fundamental principles” prescribes that State Parties shall:
[…] adopt the measures necessary to ensure conservation, utilization and
development of soil, water, flora and faunal resources in accordance with
scientific principles and with due regard to the best interests of the people.
36. The Court further notes that in the revised Algiers Convention, in particular
Article 3 thereof, State Parties undertake to be guided by the following
principles:
1.
the right of all peoples to a satisfactory environment favourable to
their development;
2.
the duty of States, individually and collectively to ensure the
enjoyment of the right to development;
3.
the duty of States to ensure that developmental and environmental
needs are met in a sustainable, fair and equitable manner.
37. These provisions reflect a clear commitment by States to act in a manner
that prevents harmful effects on the environment, especially those resulting
from toxic waste and hazardous waste.
38. In linking such commitment to individual or group rights, the Court recalls
that, pursuant to Article 16 of the Charter, “[e]very individual shall have the
right to enjoy the best attainable state of physical and mental health. In
addition, Article 24 of the Charter also provides that “[a]ll peoples shall have
the right to a general satisfactory environment favourable to their
development.”
39. A combined reading of these various provisions shows that, through the
Algiers Convention, State Parties have signed up to obligations that
guarantee the enjoyment of the rights provided for in Articles 16 and 24 of
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