국제환경분쟁의 해결방법

Abstract

Most of the environmental agreements containing dispute settlement provision, request Parties to comply a general obligation to peacefully settle disputes by having recourse to any diplomatic meas to which they agree. Then, should the dispute fail to be settled, the agreement provides for a specific further stage of dispute settlement. Typically, this further stage consists of either conciliation, resolution by international adjudication such as the ICJ, or reference to some organs of the treaty in question whose decision will be binding. There are no international judicial or quasi-judicial bodies solely dedicated to environmental disputes, the partial exception being the Chamber for Environmental Matters of the ICJ. However, the polymorphic nature of environmental disputes make a wide variety of for a potentially usable, which are almost impossible to list. Cases involving environmental issues have been brought before the International Courts, such as ICJ, ITLOS, the WTO dispute settlement systems, the European Court of Justice. This also explains why, besides dispute management and settlement procedures endogenous to international environmental regimes, there are no international judicial or quasi-judicial bodies solely dedicated to deal with environmental disputes.