Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer?

EduRev

All Courses

Explore Courses UPSC Exam UPSC Test Series Free Notes EduRev Infinity

Open App

CLAT Exam > CLAT Questions > Which one of the following principle is asso...

Join the Discussion on the App

Which one of the following principle is associated with "Trial Smelter" case ?

a)
Which one of the following principle is associated with "Trial Smelter" case ?
b)
Redemption of the damaged environment is a part of the process of sustainable development
c)
Placing a duty on the State to hold environmental resources in trust for the benefit of public
d)
No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of another

Correct answer is option 'D'. Can you explain this answer?

FREE This question is part of

Practice Test for PU LLB - 5

Attempt Test

Attempt this Test

Verified Answer

Which one of the following principle is associated with "Trial Smelte...

The Trail Smelter Case1 arose in the field of late 1950’s and came up with the issue of International Environmental Law. In this case ‘it was damage caused by one State to the environment of the other that triggered the legal claim. Legally the issue was not viewed as different from damage caused to the public or private property, for instance by the inadvertent penetration of a foreign State’s territory by armed forces. For the first time an International Tribunal propounded the principle that as State may not use, or allow its national’s to use, its own territory in such a manner as to cause injury to a neighboring country’2. The facts of the case are lead below

‘The Columbia River rises in Canada and flows past a lead and zinc smelter located at Trail, in British Columbia (Canada). The smelter company was alleged to cause damage to trees, crops and land in the American States of Washington.3 The climate from beyond Trail on the United States boundary is dry, but not arid. The smelter was built under U.S. auspices, but had been taken over. In 1906, the Consolidated Mining and Smelting Company of Canada, Limited acquired the smelter plant at Trail. Since that time, the Canadian company, without interruption, has operated the Smelter, and from time to time has greatly added to the plant until it has become one of the best and largest equipped smelting plants on the American continent.4 In 1925 and 1927, stacks, 409 feet high, were erected and the smelter increased its output, resulting in more sulphur dioxide fumes. The higher stacks increased the area of damage in the United States. From 1925 to 1931, damage had been caused in the State of Washington by the sulphur dioxide coming from the Trail Smelter, and the International Joint Commission recommended payment of $350,000 in respect of damage to 1 January, 1932. The United States informed Canada that the conditions were still unsatisfactory and an Arbikal Tribunal was set up to “finally decide” whether further damage had been caused in Washington and the indemnity due, whether the smelter should be required to

1. 1941, U.N. Rep. Int’L Arb. AWARDS 1905 (1949)

2. Cassese Antonio, International Law, Oxford University Press, 2nd edition, 2005, New York, 484

3. Ibid pg 484.

4. Noah D. Hall, FOURTH IUCN ACADEMY OF ENVIRONMENTAL LAW WORLDWIDE COLLOQUIUM: IMPLEMENTING ENVIRONMENTAL LEGISLATION: THE CRITICAL ROLE OF ENFORCEMENT AND COMPLIANCE, Pace Environmental Law Review, Winter, 2007, 5

View all questions of this test

View all answers Start learning for free

< Previous Question Next Question >

Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EI

View answer

Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EI

View answer

Directions: Read the following passage and answer the question.India is one of the few countries with elaborate provisions for the environment in the legal framework. The courts in India largely relied on Article 21 for applying the law to the decision making process on various perspectives and provisional duties related to the environment. Protection of the environment can give rise to many challenges in a developing country. Hence, administrative and legal strategies are extremely important to ensure environmental harmony. T Damodar Rao v Special Officer, Municipal Corporation of Hyderabadwas a landmark case for High Courts in India to take up responsibility in specific and concrete decision making. Despite severe penalties, environmental laws in certain places seem erratic in their implementation and ineffective at many levels of administrative mechanisms.The courts have also laid down that protection and improvement of the environment is mandated for all institutions across the country and is a right as well. India being a developing nation with interests in growth and burgeoning developmental ideologies, the mandates of Courts are envisioned in a development-oriented manner, where the concept of Sustainable Development arises. A relatively new concept for India to focus on in terms of resource utilisation is reducing our collective carbon footprint and pollution levels. Sustainable development law is found at the intersection of three primary fields of law: international economic law, international environmental law and international social law. It refers to an emerging substantive body of legal instruments, norms and treaties, supported by distinctive procedural elements. This is incorporated on the justification that future generations may benefit from policies and laws that advocate environmental protection as well as developmental goals. This has recently been recognised by the Supreme Court in the M.C. Mehta (Taj Trapezium Matter) v. Union of India case.A notable action that could be taken is making the system more accommodating and approachable- Making it easier to read and understand the law provisions and statutes regarding Environmental Law for the general population and better mechanisms for efficiency as well as transparency within (courts) and outside (public spaces) the systems of administrative, legislature and judiciary can go a long way. Law is generally regarded as a Utopian system of action. Making it a more approachable and public-friendly system would allow it to work on an easier transition for the public. Systems such as Public Interest Litigations are focused on allowing people to issue and procure information from within the legal system on the matter of interest at hand. The Law is trying to focus on easier access for appeals and better capabilities of integrating the public interest within judgements and cases.Q.Based on the principles and information set out in the given passage

View answer

Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EI

View answer

Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EI

View answer

Top Courses for CLATView all

Legal Reasoning for CLAT

Lucent for GK

Current Affairs: Daily, Weekly & Monthly

CLAT Mock Test Series 2025

Crash Course for CLAT

Top Courses for CLAT

View all

Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer?

Share with a Friend

Answer this doubt

Question Description
Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer?.

Solutions for Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Which one of the following principle is associated with "Trial Smelter" case ?a)Which one of the following principle is associated with "Trial Smelter" case ?b)Redemption of the damaged environment is a part of the process of sustainable developmentc)Placing a duty on the State to hold environmental resources in trust for the benefit of publicd)No state has a right to use or permit the use of its territory so as to cause injury by fumes in the territory of anotherCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.

Explore Courses for CLAT exam