Ms Blinne Ní Ghrálaigh:

There are different obligations under international law. The duty to take steps is a due diligence obligation of conduct, rather than an obligation of result. Typically, it arises in circumstances where the state is concerned with the behaviour of private parties rather than the behaviour of the state itself. The court, therefore, is allowing state discretion in how it is to achieve the obligation, instead of mandating how it should do so. This does not mean that it is not requiring Ireland to prevent trade.