International environmental law represents a very specific branch of international law, therefore, the judges should be experts in the field not only of ecology, but also specialists in the aerobatics of legal science – International law.
Both the state and international governmental and non-governmental organizations, as well as natural persons should have the right to access to international environmental justice without restriction.
Within the framework of international law, the fulfillment of the obligations undertaken by all states serves as a guarantor of the stability of the ecosystem of the world and the peaceful coexistence of states with different socio-political systems. In the modern world, primary importance is given to the issues of compliance by all subjects of international law of international obligations, related to compliance with the terms of the 1975 Helsinki Agreement. The obligations include: protection of ambient environment, prohibition and non-proliferation of weapons of mass destruction, prohibition of the elaboration, production, transportation, proliferation and use of chemical and biological weapons, etc.
According to Article 2 of the Resolution of UN General Assembly “On the responsibility of states for internationally wrongful acts,” to the elements of an internationally wrongful acts of a state refer to violations of an international legal obligation of that state. And according to the article 12 of the abovementioned resolution “There is a breach of an international obligation by a state when an act of that state is not in conformity with what is required of it by that obligation, regardless of its origin or character. Part II of the abovementioned resolution discloses the content of the international responsibility of states. It considers general principles (chapter I) and forms of indemnification (chapter II) by a State for its internationally wrongful act. Violation of the undertaken obligations within the international and interstate treaties, firstly, creates a threat to the existing system for the implementation of international agreements, and, secondly, generates the legal responsibility for failure to fulfill the obligations undertaken under the treaty.
The principle of fulfillment in good faith of obligations these days represents the main core of the existence of the structure of international law as a source of legal force of this law and interstate relations, since without fulfilling obligations incompliance with the international law, a civilized relationship between subjects of international law to achieve the goals provided for by the UN Charter is impossible. The importance of this principle is indicated in the preamble of the UN Charter, which indicates “The respect for obligations arising from treaties and other sources of international law,” and in part 2 of article 2 of the UN Charter, which states that “All Members of the United Nations Organization shall fulfill in good faith the obligations undertaken by them in accordance with the present charter, in order to ensure to all of them collect of rights and advantages arising from belonging to the membership of the Organization. Hereinafter, the principle of fulfillment in good faith of obligations according to international law received reinforcement in individual international norms, in particular: in the statutes of International Court of Justice of United Nations organization (Article 38); Declarations on the principles of international law. These are generalized norms that reflect the characteristic features and the main content of international law, having supreme legal force.