Case Concerning Aerial Herbicide Spraying (Ecuador v. Colombia), the 21th Century Trail Smelter?

Ecuador’s claim against Colombia or "Aerial Herbicide Spraying Case" was heard by theICJ at 31 March 2008. It contains some points and issues which are ecologically of highimportance in trans-boundary pollutions so that some experts call it “Trail Smelter” of thetwenty-first century. The Trail Smelter case (USA v. Canada) is not an unknown issue forthose interested in the international environmental law. It is so famous that Prue Taylormaintains it can be called an international environmental law proverb. The most importantfinding in the Trail Smelter award may be certainly summarized as principle of sic utere tuout alienum non. Hence, the Aerial Herbicide Spraying case has developed and establishedthis principle in international environmental law system but without prejudgment andbefore ICJ’s final decision, more study still needs to be made through the judicial precedent and legal literature to clarify the different aspects of it.