Environmental Dispute Resolution, ADR Methods and the PCA Arbitration Rules
ILI Law Review, Summer 2016, 199-222
24 Pages Posted: 9 Sep 2016
Date Written: September 8, 2016
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.
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