Oland v Rostesia

Oland and Rosetia are countries in South America, with the river Floweria running from the mountains of Oland through Borderia (a regional state in Oland) into the territory of Rosetia. In 2015, the State of Borderia received a project proposal from a private investor to build a grain mill on Floweria river. The proposed mill mainly processes GMO corn which, according to reliable sources, was contaminated with large amounts of Glyphosat. Despite the concerns raised by the central administration of Oland regarding the potential environmental impacts of the project, the government of Borderia approved the establishment of the mill.

The Ministry of Environment of Oland performed an environmental impact assessment (EIA) which concluded that it is highly likely that the exposure of the river to Glyphosat contaminates the river and severely impacts the fauna and flora dependant on the river. The assessment has been forwarded to Borderia, yet the governor of Borderia dismissed the assessment stating that ''this project is very crucial in our effort to fight hunger in our state, so it should continue at any cost.''

The mill began operating in 2016. Neither the Olandian central government nor the Borderian local government informed Rosetia about the project. Soon after the mill went into operation, the flora and fauna within and along the Floweria river begun to feel the effect. The impact was most visible in the forests along the Rosetian side of Floweria river banks, causing extensive damage to native wild animals. In one of his regular media briefings, the President of Rosetia stated: 'Oland is causing environmental harm on an unforeseen scale. Should they not stop operating the mill within 48 hours, we will take all necessary measures to preserve the Floweria river. If need be, we could even demolish the facility'.

In response, the Prime Minister of Oland stated that:

"Oland does not bear any responsibility for Borderia's actions. According to our constitution, Borderians enjoy full autonomy especially with regard to environmental matters. Oland however is committed to resolve this matter peacefully. If necessary, we can even approach the ICJ."

Neither Oland nor Rosetia has submitted declarations regarding the acceptance of the ICJ jurisdiction.

Advise:

1.What breaches of international law is Oland responsible for?

2. What breaches of international law is Rosetia responsible for?

3. Can the dispute be submitted to the ICJ for settlement? If so, what are the relevant procedures?

In fact, the ICJ has been considering the matter for the last three years and is likely to take another year to finalise the case. However, frustrated Rosetian president has ordered a targeted airstrike against the mills. The order specified that the strike should target a remote magazine of the mills only, which usually was not manned. The pilot however destroyed the whole facility and killed several workers on duty.

4. Assess the legality of these actions and their potential legal consequences under international law