Environmental Dispute Resolution, ADR Methods and the PCA Arbitration Rules

ILI Law Review, Summer 2016, 199-222

24 Pages Posted: 9 Sep 2016

See all articles by Sai Ramani Garimella

Sai Ramani Garimella

South Asian University - Faculty of Legal Studies

Date Written: September 8, 2016

Abstract

Little success in the implementation of the international environmental law regime could, amongst others, be attributed to the absence of clarity in the dispute settlement mechanism and also a clearly identified institution for such dispute settlement. While the law has evolved in addressing the variety of concerns presented by often immediate and irreversible damage to the human environment, the working of the law has been plagued by an ineffective dispute settlement mechanism with precious little detailing on its administration. International environmental treaties are increasingly making space for alternative dispute resolution (ADR)) methods towards dispute settlement. The Permanent Court of Arbitration Environment Arbitration Rules, 2001 are a set of rules with a few novel features addressing concerns that are exclusive for environmental disputes - the role of the non-state actors and multi-party disputes. The rules are fashioned in a manner that would make possible for any combination of parties to a dispute, state, NGOs, multinational corporations and even individuals. The rules are also designed to handle multi-party disputes. Another important feature of these rules is that it addresses the costs aspect in international dispute settlement process - member states have access to the environment assistance fund. Permanent Court of Arbitration (PCA) and the environment rules could thus fill the place of the forum for environmental disputes with expertise.

Suggested Citation

Garimella, Sai Ramani, Environmental Dispute Resolution, ADR Methods and the PCA Arbitration Rules (September 8, 2016). ILI Law Review, Summer 2016, 199-222. Available at SSRN: https://ssrn.com/abstract=2836347

Sai Ramani Garimella (Contact Author)

South Asian University - Faculty of Legal Studies ( email )

Akbar Bhavan
Chanakyapuri
New Delhi, IN Delhi 110021
India
911124122512 (Phone)

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