Pacific Settlement of Disputes: Application of the Dispute Resolution Mechanisms of International Law to Environmental Disputes

Abstract

The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace, security and justice are not endangered. The proliferation of disputes arising from the destructive consequences of human activities on the environment has increased the choices of pacific dispute settlement regimes under international law. This paper examines the extant dispute resolution regimes of international law and how they apply to environmental disputes. It seeks to examine the effectiveness of these regimes in addressing environmental disputes. The paper finds that in contemporary times, states prefer to use Alternative Dispute Resolution (ADR) to judicial settlement. It also finds that the outbreak of these disputes can help to test the capacity of the international dispute settlement regime to resolve similar disputes. The paper recommends that although there is a renewed interest in ADR, the role of the judicial bodies cannot be left out. The relevance of judicial institutions, especially the environmental chamber of the International Court of Justice (ICJ) needs to be felt globally.