6 - Legitimacy in Settlement of Disputes in International Environmental Law: From Classical to Non-compliance Procedures

Summary

In this chapter, Malgosia Fitzmaurice examines the procedures and mechanisms for the peaceful settlement of environmental disputes. This chapter deals with the issue of classical settlement of environmental disputes and the relatively new and still-evolving phenomenon of so-called non-compliance procedures, which are an element of the legal structure of Multilateral Environmental Agreements and administered by the Conferences of the Parties/Meetings of the Parties. This chapter explores the legitimacy of these procedures and focuses in particular on the question of State consent. It explains that, while classical means of dispute settlement do not present questions of legitimacy, their inherent bilateralism is ill-suited for the protection of the environment. Non-compliance procedures may be a more effective tool in light of their multilateral nature, and recent trends based on co-operative efforts may eliminate, to some degree, questions of legitimacy.