The Role of The ICJ in Shaping the Development of the Law on Transboundary Environmental Harm: An Analysis

The issue of transboundary environmental harm has gained significant importance in recent decades as the world has become more interconnected, and the impacts of environmental pollution can be observed across national boundaries. The International Court of Justice [hereinafter “ICJ”], the principal judicial organ of the United Nations, has played a crucial role in shaping the international framework for the prohibition of transboundary environmental harm. The aim of the study is to trace the evolution of the law on transboundary harm and provide an analysis of ICJ’s role in this area, including the development of jurisdiction, procedural law, substantive law and current standing. Throughout the study, the article will be dealt with critical cases, such as trail smelter and pulp mill cases, to provide an overview of the gradual development of the law and the challenges that still are impediments to achieving equitable and effective outcomes. Ultimately the article will argue the need for continuous engagement with this issue to protect the global environment and realise sustainable development goals.