Puritaniais a developed country with a land area of 377, 900 km2 and a population of 127million. It has been at the forefront of technological and medicaladvancements. Ruritaniais an agriculture based economy with a land area of 502, 432 km2 and apopulation of 200 million. Both Puritania and Ruritania are UN Members. Puritaniashares a land border on its western side with Ruritania for a distance of approximately1200kms. On account of a particular type of soil and climatic conditions, largeareas of this border land on the Ruritanian territory is used for the growth ofcrop X. This crop is easily affected by pests, the control of which requires anexpensive treatment of certain types of pesticides.
Due to the issue of costs, Ruritanian authories looked for cheaper variants. Pesticide Y was developed byMuritania, a developing country, which claimed it had successfully used it tocounter pests in crop X in laboratory conditions. It was a much cheaperalternative. Ruritania obtained pesticide Y from Muritania and sprayed itaerially over crop X on its territory. The results of the use were positive. Atthe time of using the pesticide in the period 2011-2016, there were noscientific studies to suggest damaging impacts on the ecosystem and the healthof humans by the use of pesticide Y. Muritania itself had not used it on thefield. The pesticide was used on a large-scale by Ruritania.
Cases of healthconcerns in this region started receiving notice of a non-governmental agencycalled Evergreen based in Ruritania. People living in the area complained ofstomach pains and blurred visions. Some children were born with geneticdisabilities. These cases were investigated by Evergreen, but they could not objectivelyattribute it to the use of pesticide Y. They moved the Ruritanian Governmentover the issue.
By the time the Government instituted a study in 2014, therewere claims that pesticide related deaths had also occurred. The study wasstill in process in 2016. ThePuritanian side of the border was also facing similar problems. Theirpopulation also complained of several health concerns. The PuritanianGovernment instituted a scientific committee to research into the issue in2015. It conclusively found by early 2016 that pesticide Y was directly causingthese health concerns.
The chemical had seeped into its water sources and soilin the Puritanian area and poisoned its ecosystem in the border region. Severaldeaths were also linked to this cause. Puritania shared the report withRuritania and asked them to immediately stop the use of the pesticide andcompensate Puritania for the environmental damage caused to their territory. Ruritaniaimmediately stopped the use of the pesticide on their territory but denied anycompensation to Puritania.
The matter has been submitted by both the partiesbefore the ICJ, whose jurisdiction they have accepted.
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