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Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlement mechanisms, and sectoral regimes in fields such as human rights, WTO law, investment, law of the sea, environmental law and arms control. The book is the first widely-available collection of key documents on dispute settlement. It is aimed at teachers, students and practitioners of international law and related disciplines.
In this publication, a number of recognized practitioners and scholars undertake to explore the realities and the conceptual underpinnings of environmental compliance mechanisms. In a relatively short period of time, such mechanisms were introduced in a wide range of new and existing environmental regimes. Yet, little is known about their function in practice and their implications. This is puzzling when considering, that the new mechanisms considerably depart from traditional patterns of counteraction and dispute settlement. Instead they build on partnership and cooperation and include a wide range of possible reactions, which range from those having coercive power to supportive measures. Quite a number of those mechanisms and their functioning are explained in the publication in order to lay ground for some cross-cutting analysis, which covers inter alia reporting, inspection and monitoring, supportive financial incentives and the interrelationship between compliance mechanisms and the principle of state responsibility and dispute settlement. Finally the role of non-governmental organizations is addressed. Practitioners and scholars in international environmental affairs and international law more generally will benefit significantly from the inside views and thorough reflection as provided for in this book.