Article

International Dispute Settlement

Cesare P. R. Romano

in The Oxford Handbook of International Environmental Law

Published in print August 2008 | ISBN: 9780199552153
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199552153.013.0045

Series: Oxford Handbooks in Law

International Dispute Settlement

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In international treaties, dispute settlement clauses follow the description of the agreed rules. As a result of this eventual and ancillary function, the law and procedure of international dispute settlement has long been the Cinderella of international law. In the past two decades, a series of considerations has modified this casual attitude towards international dispute settlement, particularly in the environmental sphere. Environmental factors have been increasingly acknowledged to be a relevant source of international tension and disputes, and even of actual threats to international peace and security. The settlement of environmental disputes can be explored along many different themes and variables. This article examines international dispute settlement in the field of the environment by contrasting dispute settlement by way of procedures contained in international environmental agreements (endogenous) to dispute settlement by way of procedures either of non-environmental agreements or of environmental agreements other than the one under which the dispute arose (exogenous).

Keywords: international treaties; international dispute settlement; international law; environmental disputes; international environmental agreements; non-environmental agreements

Article.  9401 words. 

Subjects: Law ; International Law ; Environment and Energy Law

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