Application of PP as custom requires threat of environmental damage, of a

serious or irreversible nature, and scientific uncertainty, where no causal link

between an action and environmental damage can be established.1

Since the European eels are critically endangered species, a negative change in the

ecosystem would lead to an irreversible damage i.e. extinction of species. Hence, the

Respondent has violated the precautionary principle.

The high seas are covered under areas beyond national jurisdiction. The Eels after

spawning return back to the inland waters of the FSA. The harvesting of Sargassum

will lead to the extinction of these endangered species which are linked with the

history, culture and religion of the FSA. Thus, we submit that the activities of SEA

Corporation are violating the principle of transboundary harm.

A.1 ROR HAS AN ERGA OMNES OBLIGATION

The obligation to prevent, reduce and control environmental harm is no longer solely

bilateral in character but in relation to the high seas ot the global atmosphere it

benefits the international community as a whole and to that extent operates erga

omnes.2

ROR has failed its obligations under CBD for conservation of biodiversity as

harvesting sargassum from the sargasso sea (protected area)3 negetively affects the

ecosystem of sargasso sea on which many species are dependent for there

development and reproduction including the critically endangered species.

1
IUCN.Council,.Guidelines.for.Applying.the.Precautionary.Principle.to.Biodiversity.
Conservation.and.Natural .Resource.Management,.67th.Meeting.(2007).
2
Charney, in francioni and scovazzi, international responsibility for environmrntal harm.
3
EBSA