MEMORANDUM

TO: FROM: DATE: RE:

The Minister of Environment of Economia Arrenz Joseph B. Magnabihon April 10, 2012 Economia: Analysis of Possible Liability under the Transboundary statutes of International Environmental Law

QUESTION PRESENTED Did Economias failure to immediately notify Asphyxia about the run-away fires constitutes a liability under International Environmental Law?

SHORT ANSWER Yes, a sovereign state, which has actual knowledge of an impending danger that will directly or indirectly affect another sovereign state, is obligated to notify all affected party of such danger. Any willful delay or neglect to issue such warning may be considered an act against the rights of other states. As a result, liabilities may arise from international conventions or agreements that protect states from transboundary dangers. Provided, that said states are bound to comply with such international convention or agreement.

STATEMENT OF FACTS In January 2010, the government of Economia received a request from Monoculture, Inc. (Monoculture) to develop a parcel of forest and peat bogs (parcel of land) owned by the government. The parcel of land is in close proximity to a major tourist attraction in the neighboring State of Asphyxia (Asphyxia).

In February 2010, the government of Economia approved the proposal of Monoculture to develop the parcel of land. Late in 2010, Monoculture stated to set controlled forest fires for the purpose of clearing the parcel of land. On December 5, 2010, Monoculture loss control of the forest fires which quickly spread throughout the dense forest of Economia. Three days after the initial fire, several large peat bogs, which have an inherent capacity to burn for long periods of time, caught fire.

In December 10, 2010, the thick black smoke, caused by the fire, reached the neighboring Asphyxia. A notification was sent to Asphyxia by Economia warning them of the uncontrolled forest fire, a day after the actual smoke of the fire reached Asphyxias territory. The smoke covered Asphyxia for a period of three month before it finally subsided during the monsoon season.

Asphyxia now seeks judicial restitution in the International Court of Justice arguing that the heavy smoke of the forest fire caused serious economic, environmental and health problems, as the affected area, being a major tourist attraction, was essentially shut down on account of the smoke making the scenery nearly impossible to see. Denizens of the area were also discouraged to go out, especially those who have Asthma and/or other respiratory illness, in light of the dense smoke.

DISCUSSION CONCLUSION