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 13

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