The Provisional Measures Orders in International Environmental Disputes: A Case for International Courts and Tribunals

Abstract

This article examines the ways in which international courts and tribunals should utilise their powers to prescribe provisional measures in the context of environmental disputes. The article makes the case that the system of dispute resolution has the capacity to adapt to the specific needs of environmental disputes. By analysing the key features of provisional measures and extracting new judicial trends, new light is shed on two core issues: first, this article develops a theoretical framework within which provisional measures should be understood in order to achieve their aim. Second, it shows how a certain level of judicial creativity in the design of provisional measures can have implications on whether such measures can be enforced through innovative cooperation with other institutional bodies. As a result, this article argues that provisional measures can fill the gap of enforcement in international environmental law and become a pivotal instrument in environmental protection.