Menu

Laws to use against Freshwater Pollution

1

Constitutional Law

Constitutional law sets out the principles by which a state is governed and the relationship between the various branches of government. It is often set out in a constitution or charter which defines the roles and powers of government and the basic rights of people. Many modern constitutions include the right to a clean and healthy environment, and therefore states may be obliged to tackle freshwater pollution on this basis. This type of law overlaps closely with Human Rights law. 

Examples 
  1. In Colombia, the Public Court in the Department of Cesar ordered a series of local governmental bodies to protect the entire basin of the Guatapurí River, from its source to its mouth, in response to a tutela (constitutional injunction) filed by citizens of Vallepudar.  
  2. Also in Colombia, in 2016 the Constitutional Court held that the public authorities had failed to prevent the pollution of the Atratro river. Mining activities and accompanying pollution were held to have violated the constitutional rights of local people and communities to, amongst other things, water and a healthy environment.
2

Environmental Law

Environmental laws protect the environment and how humans interact with the environment. They can cover pollution, as well as protecting natural resources such as forests, water and wildlife. They include the body of laws which protect living things (including humans) from the harm that human activity can cause either directly or to the habitats on which living things depend. Environmental law is often a system of checks and balances, seeking to regulate the harms caused by industries in a way that allows for some protection of the environment. It is often regulatory in nature, meaning it may set pollution limits or prohibit polluting activity without necessary permits, licences or corresponding mitigation measures. Individuals may therefore challenge the behaviour of polluters for their failure to comply with environmental law. Alternatively, they may challenge the granting of a licence/ permit to a polluter on the basis that it was granted wrongfully due to a procedural or substantive error. 

Example
  1. In China, from January 2012 to February 2013, the Taixing Jinhui Chemical Company, and six other polluting chemical factories dumped nearly 26,000 tons of acid by-product into the Rutai Canal and the Gumagan River, causing severe ecological damage. The Supreme People’s Court (SPC) stated in its decision that companies producing hazardous chemicals had to take due care in the management of those products and their by-products to avoid pollution. This included ensuring that the production, sales, transportation and storage of the chemicals complied with relevant environmental laws and did not create significant risks to the environment.

Fundamental Principles of Environmental Law

There are a few fundamental principles which underpin environmental laws around the world. It is useful to understand these when considering how to hold polluters and authorities accountable, although these principles are not laws you can directly rely on.

The Precautionary Principle in Environmental Law

The precautionary principle is a fundamental principle of public international law. It is an environmental law which essentially says that, if something might cause irreversible damage, even if you don’t have scientific certainty that it will definitely cause irreversible damage, then you should err on the side of caution and protect the environment. The concept is stated in the principle 15  UN Rio Declaration 1992, which says: 

“In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

 

To what extent you can rely on the precautionary principle in domestic law depends on its implementation and whether it has been implemented into domestic law. 

The ‘Polluter Pays’ principle in Environmental Law

The Polluter Pays principle in Environmental law is found in principle 16 of the Rio Declaration 1992, and says that polluters should in principle bear the cost of pollution. Both the polluter pays and the precautionary principle are widely found in international and domestic law.

Example

  1. The case of Vellore Citizens Welfare Forum v. Union of India (1996) concerned pollution from tanneries that was contaminating freshwater and soil. The court referenced the precautionary principle, stating that the government had an obligation to prevent environmental degradation, and that the onus of proof is on the industrialist to show that his action is environmentally benign. The court also referenced the polluter pays principle, and interpreted it to mean that the industry had to bear the cost of cleaning up the pollution, in addition to compensating victims. 

 

National or municipal laws

These laws regulate public bodies or semi-private water companies responsible for providing clean water for domestic consumption. These laws will set certain water quality standards for public bodies to maintain, as well as the responsibilities they have towards citizens and consumers.

     
Environmental Impact Assessment

An environmental impact assessment (EIA) is a critical aspect of environmental law which requires that the harms are assessed before industrial developments are carried out. There is no universal requirement on what an EIA requires, but public bodies are often required to carry out and review environmental impact assessments before approving projects by polluting industries. 

EIA typically requires an analysis of the consequences of any plan, policy, program or decision on the environment. These assessments should play a key factor in deciding whether any potentially polluting actions should be allowed to take place and, if so, what mitigation measures must be taken to prevent harm. The assessments are fundamental to ensuring compliance with the precautionary principle and polluter pays principles. Public law will determine the factors public environmental bodies have to consider when issuing and reviewing assessments, and therefore the conditions for either permitting or refusing to allow pollution to take place.

General comment No. 26 (2023) on children’s rights and the environment, with a special focus on climate change, of the UN Convention on the Rights of the Child (UNCRC), advises that child impact assessments should also be undertaken and can be done as part of an environmental impact assessment,

Whether child rights impact assessments are included within the framework of an environmental or integrated impact assessment, or carried out as a standalone assessment, they should incorporate a special regard for the differential impact of environmental decisions on children, in particular young children and other groups of children most at risk, as measured against all relevant rights under the Convention, including short-, medium- and long-term, combined and irreversible impacts, interactive and cumulative impacts and impacts in the different stages of childhood. For example, States that have substantial fossil fuel industries should assess the social and economic impact on children of their related decisions.

In reality, the environmental impact assessments or environmental statements submitted by developers are usually produced by consultants for the purpose of serving corporate interests rather than objectively written. It is a good strategy to scrutinise any EIA and identify environmental concerns or gaps, and raise these to the authorities before the project is started. If you are aware of a plan for a development, you can try to challenge the environmental impact assessment by saying that it is not sufficiently comprehensive, or inaccurate. This may not always work, but it is a low cost method of trying to prevent environmental harm. You can also engage your own experts to counter the developer’s reports.  

Examples

 

  1. The organisations Natural Justice, the Centre for Strategic Litigation, the Centre for Food and Adequate Living Rights Limited, and the Africa Institute for Energy Governance brought a claim against the governments of Uganda and Tanzania and the Secretary General of the East African Community (EAC) at the East African Court of Justice in 2020. The Applicants argued that the construction of the East African Crude Oil Pipeline contravenes various treaties and law, including the treaty of the East African Community, the African Charter on Human and People’s Rights, and the Paris Climate accords. The Applicants also allege that the project proponents, including Total Energies and the states of Tanzania and Uganda did not conduct effective and meaningful public participation and consultation, or human rights and climate impact assessments before commencing the project. In 2025, the EACJ dismissed the case, saying the case was filed outside the required period.
  2. Although not directly related to freshwater, the requirement to provide a climate change impact assessment as part of the EIA is useful when opposing any type of large development likely to cause water pollution. In the UK case of Finch v Surrey County Council (2024), the Supreme Court ruled that a decision to grant planning permission to a company drilling oil wells was unlawful, because the company had not provided an assessment of Scope 3 greenhouse gas emissions (end-use emissions) as part of its Environmental Impact Assessment. The same argument about assessing the impacts of a product later on its supply chain have been put forward against factory farms, which are indirectly responsible for significant water pollution, as manure from industrial animal farms when spread on fields contributes to water eutrophication. 

Children’s Rights Impact Assessments

General comment No. 26 (2023) on children’s rights and the environment, with a special focus on climate change, of the UN Convention on the Rights of the Child (UNCRC), mandates child impact assessments under para 75: 

All proposed environment-related legislation, policies, projects, regulations, budgets and decisions, and those already in force, require vigorous children’s rights impact assessments, in accordance with article 3 (1) of the Convention. States should require the assessment, both before and after implementation, of the possible direct and indirect impact on the environment and climate, including the transboundary, cumulative, and both production and consumption effects, on the enjoyment of children’s rights. 

Given the long term and cumulative harmful impacts of many developments, the impact on children is relevant to almost any environmental related decision. GC 26 is relevant in countries that have adopted the UNCRC and are monist countries, and can be cited in dualist countries as well.

3

Human Rights Law

Human rights law is the law that addresses the fundamental rights and freedoms of individuals. Human rights are protected by international and national law. Every person is entitled to their human rights simply because they are a human being, regardless of age, ethnicity or religion. Under human rights law, the right to private and family life is often intertwined with environmental justice. Additionally, many countries around the world are increasingly protecting the right to a healthy environment. Both the right to a healthy environment, and the right to private and family life, can be used by citizens to demand the protection and restoration of freshwater. When using the more traditional right to private and family life, one must identify harms to citizens, whether through the lack of clean drinking water, odours, pollution, or drinking water contamination. This is contrasted with laws and regulations that protect freshwater for its own sake.  

The right to private and family life

The right to private and family life is protected in international law by the International Covenant on Civil and Political Rights (ICCPR), Article 17. The ICCPR is an international treaty signed by 174 states. There are numerous other international and domestic law instruments which implement human rights law on a national level. The European Court of Human Rights has found that Article 8, the right to private and family life, means that, although there is a balance to be struck between allowing and encouraging economic activity and negative environmental impacts on the other side, citizens have the right not to suffer from unbearable nuisance caused by environmental harms, such as odours and pollution (Lopez Ostra v Spain 1994). 

The right to life and the right to water

The right to life is another fundamental human right which has been used in claims regarding freshwater pollution where there have been serious risks to health. Access to safe drinking water is also protected under international human rights law. 

Example

 

  1. In the South African case of Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (2012), the court required the government to temporarily supply potable water following the contamination of the water supply by a mine. The court ordered the respondents to engage actively with the community to ensure safe drinking water to be restored. 

 

The claim was brought under several constitutional laws and regulations, including:

 

  1. The right to a healthy environment (s152(1)(d) of the Constitution);
  2. The right to water and the obligation of the state to achieve this right. (s27(1)(b) and (2) of the Constitution) ;
  3. The obligation on the national government to support municipal governments to exercise their powers and perform their functions. (s154(1) of the Constitution);
  4. The obligation of the state to take measures towards ensuring that all people have adequate housing. (s26(2) of the Constitution);
  5. The right of access to basic water supply and basic sanitation and the obligation on water services institutions to provide measures to realise these rights (s3 of the Water Services Act 108, 1997);
  6. A regulation which stated that no consumer should be without full supply of water for more than seven days in a full year (Regulation 3b of the  Regulations relating to compulsory national standards and measures to conserve water).

The court found that all the above laws had been breached. This case demonstrates how the fundamental principles of the right to a healthy environment and right to water are strengthened by both obligations on the state to realise these rights and the environmental laws and regulations that are designed to implement them.

 

  1. In the Indian case of Subhash Kumar v. State of Bihar and others (1991), a petitioner (a person who seeks a legal remedy) brought legal action against two iron and steel companies, arguing that these companies had polluted the Bokaro River through the release of industrial slurry. The petitioner argued that the dumping of this waste into the river posed health risks to the public, and that the State Pollution Control Board had failed to take appropriate measures to prevent such pollution. The Court accepted that the right to life enshrined in Article 21 of the Indian Constitution included a right to enjoy pollution-free water. The court also held that there were constitutional remedies for instances of freshwater pollution. However, the petitioner was unsuccessful as the court found that, on the facts, the Board had taken efficient steps to prevent the waste discharge and that the petitioner had brought their claim out of a personal grudge rather than in the public interest.

Bringing a claim

If considering a legal challenge under human rights law, the first step is to bring a legal challenge domestically. For example, in the UK the right to private and family life is protected under the Human Rights Act 1998, and you can bring a case against a public body for failing to protect your right to private and family life. Before bringing a human rights case, you will need to complain to the authorities about how the environmental pollution is breaching your human rights. If you lose your case against the public authorities in your home country, your lawyer can advise if you have a chance of winning and should appeal to a higher human rights court. Regional human rights bodies offer another layer of protection of human rights beyond domestic law, although the number of cases in which you can make a reference to a higher human rights court is very limited. 

In monist systems, international law obligations are automatically incorporated into domestic law and can be enforced directly before national law. There is no requirement to exhaust local remedies. So the UN Convention on the Rights of a Child (UNCRC), for example, can be invoked immediately before the courts in monist systems and can and should be cited as indirectly applicable (e.g. as a tool for interpretation) in dualist systems. Dualist systems do not recognise international law as supreme, and international law must be transposed into national law in order to have effect. 

Regional Human Rights Bodies

If your home state is subject to jurisdiction by a regional human rights judicial body, CSOs and individuals can bring a claim against the state to a judicial or quasi-judicial human rights body. There are three regional human rights judicial bodies around the world. 

These are: 

  1. The European Court of Human Rights (jurisdiction over 46 countries), 
  2. The Inter-American Court of Human Rights (jurisdiction in 20 countries in Latin America), 
  3. The African Commission on Human and Peoples’ Rights (oversees 54 countries), and the African Court on Human and Peoples’ Rights (accepted jurisdiction in 8 countries, although the commission can refer a case to the court in regard to 34 countries).

Example

  1. In the European Court of Human Rights case of Dubetska and Others v Ukraine (2011), a coal mine had been operating for 12 years and had caused flooding, groundwater pollution, and that people living nearby were exposed to a higher risk of cancer. The court found that Article 8 (the right to private and family life) had been breached by the state for failing to remedy the situation.

 

The right to a healthy environment

The right to a healthy environment is another human right that is present in hundreds of countries around the world, and is a right that makes it easier for citizens to bring a claim against the government for failing to protect the environment. 

Not all countries have the right to a healthy environment enshrined in law, however it is increasingly recognised as an international legal principle. The International Court of Justice, in its 2025 Advisory Opinion on the Obligations of States in respect to Climate Change, recognised that the right to a clean, healthy and sustainable environment is a precondition to the exercise of many other human rights. The Court recognised that the right to a healthy environment results from the interdependence of human rights and environmental protection, and is inherent in the enjoyment of human rights. 

Examples
  1. In July 2020, the Kenyan Environmental Court awarded the equivalent of USD 13 million in compensation for damage to the environment and health of a community blighted by deadly lead poisoning. The court in Mombasa awarded the compensation to residents of Owino Uhuru settlement for deaths and health impacts caused by lead poisoning from an adjacent smelter for recycling batteries. The ruling declared that the community’s rights to a healthy environment, highest attainable standard of health, clean and safe water, and life had been contravened, and ordered the Kenyan government and two companies to pay compensation. 

 

Background: 

In 2007, the Metal Refinery (EPZ) opened a smelting plant, which recycled used lead-acid batteries in Owino Uhuru. Complaints emerged from the local community following the opening of the plant, alleging that the company was poisoning the environment as a result of poor waste management. Claimants allege that an increasing number of people had been affected by diverse health and environmental impacts, including deaths from lead poisoning and respiratory diseases, since the opening of the plant. Soil tests showed that lead levels increased almost tenfold between 2008 and 2009, when the plant became operational. The smelter ceased operations in 2014, following community pressure and campaigning by the CJGEA.

 

Outcome:

The community was awarded $12 million in compensation in 2020, but in 2023 the Court of Appeal overturned the decision. The case is ongoing.

 

  1. Under the African Charter on Human and Peoples’ Rights, two NGOs successfully argued before the African Commission on Human and Peoples’ Rights that the Nigerian government was in breach of the right to health (Article 16) and right to a general satisfactory environment favourable to development (Article 24) caused by the government’s failure to prevent pollution and ecological degradation. The Supreme Court of Nigeria has also confirmed that section 33 of the Nigerian Constitution, guaranteeing the right to life, implicitly includes and constitutes a fundamental right to a clean and healthy environment for all. The Court further explicitly affirmed the domestic enforceability of the environmental right in Article 24 of the African Charter on Human and Peoples’ Rights as it had been brought into national law by the African Charter Act, Cap. A9 LFN 2004. This case shows that in some cases, it is possible to argue that the right to a healthy environment is implied by other laws, such as the right to life. It also shows the importance of implementing international laws and treaties into domestic law in order for those laws to be able to be used by claimants.
4

Rights of Nature

In some States around the world, nature itself is considered to possess fundamental legal rights. The idea was introduced to the legal world by an American law professor in 1972, in the landmark article “Should trees have standing?” by Christopher Stone, and has made its way into legal systems around the world since. Rights of Nature as a legal framework aims to move towards a system where nature is valued and protected for its own sake and not simply for the value it provides to humans. This has led in some countries to legal personhood being granted to elements of nature, such as rivers, for example in New Zealand. This allows individuals and organisations to bring legal action on behalf of that river in a similar way to how others might bring claims on behalf of children or companies. Recognising the rights of nature is especially common in Latin America, where Ecuador has included the rights of nature as part of the constitution since 2008. In Ecuador, the Constitutional Court to date has found that rights exist for forests, mangroves, beaches, and a wild monkey in captivity. 

Examples
  1. The 2017 Atrato River Case in Colombia recognised the right of the Atrato River, the first time legal personhood was granted to a natural entity in Colombia. 

As the largest river in Colombia the Atrato River runs for 650km. It is the largest freshwater source in the country and its banks are home to ancestral lands of various Indigenous, Afro-descendent and other minority communities. It runs through a poor and geographically isolated area impacted by internal armed conflict, drug trafficking and intensive illegal gold mining resulting in significant rates of mercury and cyanide contamination. After years of mobilising, a coalition of Indigenous and Afro-descendent communities filed an action for the protection of constitutional rights (tutela action) in relation to the illegal mining. The action filed on behalf of several community and NGO stakeholders against a few dozen public bodies and ministries. After the lower courts found the case inadmissible, the Constitution Court found in favour of the claimants, finding the government had breached the communities fundamental rights, including rights to life, health, water, food security, healthy environment, culture and territory of ethnic communities. Additionally, the court found that the river itself was a subject of rights, recognising the legal personhood of the Atrato River, its basin and tributaries, with rights of protection, conservation, maintenance and restorations by the state and ethnic communities.

The Court ordered a legal guardianship model to be set up for the river, as well as a decontamination plan, a joint action plan to stop illegal mining, toxicological studies, and monitoring and compliance plans.

In it’s reasoning the Court explained:

‘In other words: nature and the environment are a cross-cutting element of the Colombian constitutional order. Its importance lies, of course, in attention to the human beings that inhabit it and the need to have a healthy environment to live a dignified life in decent conditions; but also in relation to the other living organisms with whom the planet is shared, which are understood to be worthy of protection in themselves. It is about being aware of the interdependence that connects us to all living beings on earth; that is, recognizing ourselves as integral parts of the global ecosystem– the biosphere –, rather than from normative categories of domination, simple exploitation, or utility.’

Sadly, illegal mining continues today and the river is still heavily polluted, despite the guardianship of communities, who are reported as feeling ‘powerless’ to clean up the river.

  1. In the UK in 2025, the Lewes District Council approved a charter titled, ‘Rights of Rivers: a charter for the River Ouse.’ Although the charter has no direct legal effect, it is an example of using local policies to reframe environmental issues around rights of nature, emphasising the intrinsic value of nature. The Charter recognises eight fundamental rights arising from the river’s very existence
  1. The right to exist in its natural state: Recognising and reflecting that the River Ouse like all rivers is essential for ensuring life, including human life within the Ouse catchment and bioregion whilst recognising the modification of the river where it is necessary to protect existing critical infrastructure and or communities. 
  2. The right to flow: Flows must follow natural flow patterns and be sufficient in quantity to maintain the ecosystem health of the entire river system. 
  3. The right to perform essential natural functions within the river catchment: These include maintaining horizontal and longitudinal connectivity, flooding, moving and depositing sediment, recharging groundwater, providing adequate habitat for native flora and fauna, processing nutrients; being water. 
  4. The right to feed and be fed from sustainable aquifers: ensuring that clean, healthy aquifers provide sustainable ecosystem services in the context of how climate change is affecting these processes.
  5. The right to be free from pollution: Taking a holistic view to include diffuse and point sources including but not limited to damaging levels of sewage discharge, industrial waste, litter, antibiotics, agricultural run-off from pesticides, manure and fertilisers; and accelerated soil erosion from human activities, recognising that our changing climate can exacerbate all of these issues. 
  6. The right to native biodiversity: recognising and responding to the severe decline in native biodiversity over the last fifty years and the threats that invasive non-native species represent for local biodiversity. 
  7. The right to regeneration and restoration: that a shared vision which identifies and develops best practice river and nature restoration and regeneration across the River Ouse Catchment is progressed in partnership with all relevant stakeholders.
  8. The right to an active and influential voice: to have the interests of the River Ouse appropriately and in so far as is possible, impartially represented and considered in the determination of matters that directly affect it. To lobby the Government to create the legal frameworks that can ensure consistent representation for all rivers.
5

Public Trust

Public trust is a legal concept that understands natural resources, including rivers, to be public assets. This means that they are in fact owned by the nation as a whole, and are run and regulated by the state and public authorities for the benefit of the nation. In legal terminology, this means they are held in a “public trust”, and the public authorities are legally required to ensure the nation is able to enjoy the benefit of the public assets now and in the future. It is unlikely that a country’s legal system will explicitly say that such a public trust exists in relation to nature, although the concept bears similarities to both rights of nature and the right to a healthy environment. There is often a significant overlap between public trust claims and broader claims brought to uphold constitutional protections for the environment.

Example

 

  1. In Uganda, claimants filed an application on behalf of four Ugandan minors to the High Court of Uganda for the court to declare that the government was violating its public trust duty by failing to prevent present and future harms to the national environment. They argued that Article 237 of the Ugandan Constitution makes the Ugandan government a public trustee of Uganda’s natural resources, and that Articles 39 and 237 require the government to preserve those resources from degradation for present and future generations. The High Court ordered the parties to undertake mediation but has taken no further action since October 2017.
6

Tort Law

Almost every legal system in the world includes a similar principle that if you do something wrong that causes damage to someone then you should have to pay for that damage to be made right. In legal terminology, a tort is the wrongful act that causes injury or damage to a person or property and which therefore gives rise to legal liability. Tort law is a way of understanding the rules around what sort of wrongful activity can and should lead to a legal liability to pay damages. Examples include negligence, nuisance and trespass.

The legal liability established in tort law allows the person who has suffered the injury or damage to make a legal claim to have compensation paid to them to correct that injury or damage. One basic example of tort law in practice is if someone is recklessly driving and injures someone by crashing into them. Tort law would allow for the injured person to get compensation from the person who had been recklessly driving the car for causing their injury. More widely, tort law allows people to sue and recover compensation from other people, even if there is no contract between them.

Examples

 

  1. In July 2020, the Kenyan Environmental Court in July 2020 awarded the equivalent of USD 13 million to residents of Owino Uhuru in compensation for damage to their environment and health caused by lead poisoning from an adjacent smelter for recycling batteries.

 

  1. In Thailand, village residents successfully brought a claim of negligence against government officials following exposure to pollution caused by a privately owned landfill.

 

  1. In Chile, a lawsuit was filed by an individual residing 300 metres from the facilities of a mining company. One of the grounds of the lawsuit was impact on the health of the claimant and his family.

 

  1. In Brazil, a collection of organisations brought a public civil action (ACP) for urgent provisional relief against Coplemi Mineracao Ltd for their Guabia Mine Project which threatens nearby environmental reserves including the Jacui River Delta and livelihoods of local farmers.

 

  1. In 2015, Ogale and Nille communities in Nigeria brought a claim against the oil company Shell in the English High Court for compensation to remedy the damage that had been caused by extensive oil pollution in the Niger Delta which had affected their environment and livelihoods. You can read more about this case in the section on Claims Against Polluters in Foreign Jurisdictions below.

Class Action

Torts (i.e. the wrongful actions that cause damage to people that deserve compensation) sometimes happen to individual people but often happen to many people at once. This is especially true in instances of pollution that affect a wide area or a commonly used water source. In these situations, the legal principle of class action allows people to come together to bring the same or a similar claim for compensation against those responsible for the wrongful action, rather than each person bringing their claims on their own. This helps people for whom bringing an individual claim might be too expensive. Class actions are common in the US and Australia and in environmental claims. The claimants are usually represented by a single legal team. 

Example
  1. In October 2020, a class action lawsuit was brought against Anglo American South Africa Ltd in the Gauteng Division of the South African High Court. The action was filed on behalf of thousands of children and women who are believed to be suffering from lead poisoning. The applicants argued that Anglo American had assumed a duty of care towards residents, especially in regard to protection against lead exposure. The purpose of the class action was to secure compensation for victims of lead poisoning, including the cost of an effective medical monitoring system for blood lead levels among the community and the cost of clean-up and remediation.  
7

Public International Law: Legal Challenges Between States

Public international environmental law is a vast and complex topic. It is generally of little use to citizens, communities or NGOs as it regulates the legal relationships between different states. It is included here for completeness and because past cases have been brought by governments to prevent pollution generated in one country from negatively affecting the freshwater found in another. 

The International Court of Justice (ICJ) is the principal judicial body of the United Nations. Where water pollution is caused by an issue that transcends state boundaries, a state may be inclined to bring a lawsuit against another state to the ICJ. This type of legal action is not easily accessible to citizens, as one would need to have considerable government influence in order to persuade a state to sue another state, and there are international politics involved. However, there are instances of it being used to address pollution. The primary legal instrument governing relationships between states are bilateral and multilateral treaties. Where two states have signed a treaty agreement, if one state has breached that agreement, the other state can bring legal action or initiate arbitration proceedings. 

Example

  1. In 2010 the International Court of Justice handed down a judgement in a claim brought by Argentina against Uruguay. Argentina argued that the construction of pulp mills on the banks of the river that separates the two nations, the River Uruguay, was likely to cause pollution and therefore significant transboundary damage to Argentina. This case was brought under the treaty signed by the two States in 1975 that established the procedures by which they would manage the river. Argentina lost the case, as the ICJ found that there was not enough evidence. 
8

Criminal Law

Criminal law relates to crime, such as conduct perceived as threatening, harmful, or otherwise endangering the property, health, or safety of people. In some countries criminal and civil proceedings, such as those explained above and below, can be combined. Typically, environmental crimes are prosecuted by the state, but some jurisdictions allow victims to prosecute crimes directly. 

Example

  1. In Argentina, the Federal Court of Criminal Cassation convicted Jorge Elías Mocarbel for the crime of pollution of water, soil and environment in general, in a way that is hazardous to health and through the use of hazardous waste. The Public Prosecutor’s Office relied on expert reports from the Argentine Federal Police and reports from the province’s Environment Secretariat.
  2. In the UK, although typically the state is responsible for prosecuting environmental crimes, it is also possible to bring a private prosecution as an NGO. Fish Legal, an NGO, brought a private prosecution against a water company for alleged diesel pollution of the River Test, relying on section 6 of the Prosecution of Offences Act 1985. 

Ecocide

Fourteen countries and the European Union have laws criminalising ecocide— crimes against the environment. One widely used official definition of ecocide, proposed by the Independent Expert Panel as an amendment to the Rome Statute of the International Criminal Court, is ‘unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.’ 

 

Example
  1. In a 2025 decision handed down by the Indian Supreme Court concerning tanneries pollution in the Vellore district, the Supreme Court likened the tanneries pollution to ecocide, highlighting that the pollution can be thought of as a grave environmental crime. India produces 13% of the world’s leather, and the River Palar, a source of drinking water for 30 towns and 50 villages, once celebrated in literature, poetry, and music, has now become unfit for drinking water or agricultural purposes due to effluent discharges and dumping of solid wastes from tanning industries along the riverbank. Vast amounts of chemicals are used in the leather making industry, which end up in the river. The earlier Vellore tanneries case in 1996 referenced the precautionary principle and the polluter pays principle, with the court ordering compensation and remediation. Unfortunately, the tanneries pollution has remained a problem, and the court again ordered a range of compensation and remediation steps to be taken. 

 

The court stated, ‘The environmental damage occurring in Vellore District could even be categorized as ecocide, underscoring the urgency of addressing and halting such activities’ [at 92]. The court also confirmed that the right to a healthy environment is contained in the right to life and recognised that the right to clean drinking water is a fundamental right [at 64].

 

This case demonstrates how environmental rights and broader environmental legal principles such as ecocide aid the courts in addressing non-compliance with environmental laws and regulations.

9

Contract Law

In some countries, the water companies responsible for providing water to customers may be considered to have entered into a contract with the individuals and communities they supply. Where these companies are also responsible for causing or failing to prevent water pollution in rivers and lakes, it may be possible for individuals to bring a claim for breach of contract. Such claims are rare and difficult to pursue and so therefore an example will not be provided with this guide.

SOBRE NOSOTROS

Action4Justice es un grupo de ONG unidas para fomentar el litigio de interés público mundialmente como una forma de obtener justicia social.

SABER MÁS
Our members

Buscamos alianzas con organizaciones y comunidades que apoyan nuestros objetivos mundialmente. Únete a nuestra red, o participa como voluntario.

SABER MÁS