The posible application of the principle sic utere tuo ut alienum non laedas to address cross-border environmental tort in the honduran legal system

Abstract

This paper seeks to expose the ways in which the sources of the Honduran legal system adopt the principle sic utere tuo ut alienum non laedas, and its possible implementation as a solution for transboundary environmental tort. The implementation of such principle could happen either by means of conventional norms, of international customary law, or via legal jurisprudence. In order to understand the available opportunities and the possibility of taking advantage of them, a brief analysis of the specific cases in which this principle has been applied at the international level is made, to serve as a comparative basis with which the Honduran case is contrasted.