INTERNATIONAL LIABILITY FOR TRANSBOUNDARY ENVIRONMENTAL DAMAGE: CASE STUDY OF THE ICELAND DUMP (PERU) AND ITS IMPACTS ON THE BRAZILIAN AMAZON TERRITORY

Abstract

In a border region with interconnected ecosystems, such as the Amazon, the environmental negligence of one country can become the problem of another. This article addresses the case of the Islândia (Peru) landfill and its impacts on Benjamin Constant (Brazil), in light of international environmental law. For over twenty years, urban solid waste has been improperly disposed of on the banks of the Javari River, contaminating shared waters on the border of the two countries and affecting public health, the environmental quality of the municipality, and the livelihoods of Brazilian riverside communities. The research aims to describe the legal foundations of international liability for this type of damage, identify applicable normative instruments, such as the Precautionary Principle, the Polluter Pays Principle, and the duty of international cooperation, as well as discuss the legal and political obstacles to their effective implementation. The methodology applied is a qualitative approach, exploratory and descriptive in nature, based on bibliographic research and document analysis. It is expected to highlight the inadequacy of currently existing legal mechanisms to guarantee effective redress and prevention in this type of situation, as well as to point out possible paths for strengthening international environmental cooperation in the Amazonian context. It is concluded that the case of the Iceland landfill illustrates an emblematic scenario of transboundary environmental injustice, in which the absence of accountability compromises fundamental rights and imposes the urgent need for normative articulation between Amazonian countries.

 Keywords: International responsibility; Transboundary environmental damage; Amazon; Solid waste; Javari River.