degradation of underground water, Furthermore, the Respondent State
confirmed that it took measures to remediate the contaminated sites. The
Court recalls, as earlier established in this judgment, that a state’s
obligations under international law include the duty to respect, protect,
promote and implement the rights enshrined in instruments to which it is a
party.
183. The above obligations apply to the right to a satisfactory environment insofar
as the Respondent State had a duty to act not only to prevent the dumping
of the waste without putting in place the necessary conditions, but also to
ensure full and effective decontamination once the waste had been
dumped.
184. The Court notes that in the instant case, the Respondent State authorities
failed to take appropriate legal, administrative and other measures to
prohibit the importation of dangerous wastes on its territory as prescribed
by the Bamako Convention. It further finds that these authorities had the
obligation to ensure that the dumping of this cargo on the territory of the
Respondent State was conducted with a view to protecting the environment
from the harmful effects which could result. As earlier concluded in this
judgment, the failure of the entities which were charged with the dumping
and treatment of the waste does not exonerate the Respondent State of its
responsibility to guarantee and protect the environment.
185. Lastly, the Respondent State does not demonstrate that it effectively and
promptly cleaned up the polluted sites. In these circumstances, it cannot be
said that the Respondent State complied with its obligation to protect and
implement the right to a generally satisfactory environment favourable to
development.
186. In light of the foregoing, the Court finds that the Respondent State violated
Article 24 of the Charter.
46
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents