The recognition of international environmental principles as ius cogens norms as a protection mechanism for indigenous and tribal communities: The Colombian case and the spraying of glyphosate in the permanent eradication of illicit crops (2002 - 2010)

This research aims to analyze a possible clash of binding international norms: on the one hand, the Resolution 1373 of 2001 by which the Security Council issued a general order to all UN Member States to combat terrorism, as well as its financing mechanisms, and on the other hand, principles of international environmental law (IEL) such as the principle of transboundary environmental harm and the principle of prevention. This analysis is made in the light of an international dispute that arose between Colombia and Ecuador during the first decade of the 2000s, in which Ecuador sued Colombia before the International Court of Justice (ICJ) for having been affected because of the spraying of glyphosate in the border area. The research aims to determine whether an anti-terrorist policy (as the one applied by Colombia) stemming from an international mandate finds limitations in the protection of an emerging right such as IEL.