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6 - Legitimacy in Settlement of Disputes in International Environmental Law: From Classical to Non-compliance Procedures

from Part II - Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms

Published online by Cambridge University Press:  14 December 2023

Russell Buchan
Affiliation:
University of Reading
Daniel Franchini
Affiliation:
University of Sheffield
Nicholas Tsagourias
Affiliation:
University of Sheffield
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Summary

In this chapter, Malgosia Fitzmaurice examines the procedures and mechanisms for the peaceful settlement of environmental disputes. This chapter deals with the issue of classical settlement of environmental disputes and the relatively new and still-evolving phenomenon of so-called non-compliance procedures, which are an element of the legal structure of Multilateral Environmental Agreements and administered by the Conferences of the Parties/Meetings of the Parties. This chapter explores the legitimacy of these procedures and focuses in particular on the question of State consent. It explains that, while classical means of dispute settlement do not present questions of legitimacy, their inherent bilateralism is ill-suited for the protection of the environment. Non-compliance procedures may be a more effective tool in light of their multilateral nature, and recent trends based on co-operative efforts may eliminate, to some degree, questions of legitimacy.

Type
Chapter
Information
The Changing Character of International Dispute Settlement
Challenges and Prospects
, pp. 161 - 183
Publisher: Cambridge University Press
Print publication year: 2023

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