Klein, Natalie --- "Settlement of International Environmental Law Disputes" [2010] ELECD 606; in Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos (eds), "Research Handbook on International Environmental Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Environmental Law

Editor(s): Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201249

Section: Chapter 18

Section Title: Settlement of International Environmental Law Disputes

Author(s): Klein, Natalie

Number of pages: 22

Extract:

18 Settlement of international environmental law
disputes*
Natalie Klein



Introduction
Dispute settlement is a wide-ranging term in international law. In essence, it refers to a situ-
ation where differing views as to particular events or issues arise between actors (states or
non-state entities), and processes are followed to achieve a result whereby the relevant actors
perceive that their views are no longer in conflict. What precise processes are followed to
resolve the differences varies. The traditional mechanisms are those catalogued in Article 33
of the United Nations (UN) Charter: negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or arrangements. This basic catalogue reflects
a progression of techniques that become increasingly intrusive and formal. Beyond these
recognised methods, states may resort to any other peaceful means of their own choosing, the
only requirement being that disputes are settled peacefully rather than through the threat or
use of force (UN Charter, 1945: Art. 2(3) and (4)).
An international environmental law dispute has been defined by Cooper as follows:
An international environmental dispute exists whenever there is conflict of interest between two or
more states (or persons within those states) concerning the alteration and condition (either qualita-
tively or quantitatively) of the physical environment. This includes not only cases in which one state
wishes to continue the activity causing the alteration to another state's territory or to a shared
resource, while the other state wishes it to cease, but also cases in which there is a ...