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Permanent Court of Arbitration Draft Rules for the Resolution of Disputes Concerning Natural Resources and or the Environment

Permanent Court of Arbitration Draft Rules for the Resolution of Disputes Concerning Natural... 143 Work in Progress / Travaux en cours Permanent Court of Arbitration (PCA) Draft Rules for the Resolution of Disputes Concerning Natural Resources and/or the Environment PHYLLIS HAMILTON* The International Bureau of the PCA has proposed for approval of the Admini- strative Council (hereafter “Council”) 1 Rules to be used in the arbitration of environ- mental disputes based upon the highly regarded and widely used UNCITRAL Rules. 2 In adapting the Rules to multiparty environmental dispute resolution, the drafting committee, chaired by Prof. Philippe Sands, has sought to make the fewest changes from the UNCITRAL Rules possible consistent with their goal of facilitating consensual resolution of environmental disputes. The draft rules seek to address the principal lacunae in environmental dispute resolution. Presently there is no unified forum to which States, intergovernmental organizations, non-governmental organizations, multinational corporations, and private parties can have recourse when they have agreed to seek resolution of controversies concerning environmental protection, and conservation of natural resources. More than half of the instances where the International Bureau provided information to States concerning arbitration this year displayed a need for consideration of issues in these fields. Moreover, recent case-law indicates a growing willingness of states and other http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Law FORUM du droit international (continued in International Community Law Review) Brill

Permanent Court of Arbitration Draft Rules for the Resolution of Disputes Concerning Natural Resources and or the Environment

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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-9036
eISSN
1571-8042
DOI
10.1163/15718040120962725
Publisher site
See Article on Publisher Site

Abstract

143 Work in Progress / Travaux en cours Permanent Court of Arbitration (PCA) Draft Rules for the Resolution of Disputes Concerning Natural Resources and/or the Environment PHYLLIS HAMILTON* The International Bureau of the PCA has proposed for approval of the Admini- strative Council (hereafter “Council”) 1 Rules to be used in the arbitration of environ- mental disputes based upon the highly regarded and widely used UNCITRAL Rules. 2 In adapting the Rules to multiparty environmental dispute resolution, the drafting committee, chaired by Prof. Philippe Sands, has sought to make the fewest changes from the UNCITRAL Rules possible consistent with their goal of facilitating consensual resolution of environmental disputes. The draft rules seek to address the principal lacunae in environmental dispute resolution. Presently there is no unified forum to which States, intergovernmental organizations, non-governmental organizations, multinational corporations, and private parties can have recourse when they have agreed to seek resolution of controversies concerning environmental protection, and conservation of natural resources. More than half of the instances where the International Bureau provided information to States concerning arbitration this year displayed a need for consideration of issues in these fields. Moreover, recent case-law indicates a growing willingness of states and other

Journal

International Law FORUM du droit international (continued in International Community Law Review) – Brill

Published: Jan 1, 2001

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