Public Law Studies Quarterly

Evaluating Legal Methods for the Settlement of International Environmental Disputes

Document Type : Article

Authors

Mohamad Zaker Ardakani 1
Alireza Arashpuor 2

1 Ph.D. Student in Public International Law, Islamic Azad university, Isfahan Branch (Khorasgan), Isfahan, Iran

2 Associate Prof, Department of Law, University of Isfahan, Isfahan, Iran

https://doi.org/10.22059/jplsq.2020.289491.2174
Abstract
States commitment to resolving environmental disputes by legal methods creates an appropriate legal guarantee for members of the international community to fulfill their environmental obligations which, in turn, are focused on the comprehensive protection of the global environment. Therefore, the role of international judicial bodies in ensuring the fulfillment of states’ environmental obligations is undeniable. This article seeks to answer the question: what role does resorting to legal methods for resolving environmental disputes, play in ensuring implementation of states’ environmental obligations? For this purpose, by examining legally-binding instruments the role of international judicial authorities in strengthening the implementation of environmental obligations will be scrutinized, and it will be proven that states’ commitment to resolving environmental disputes through legal means, in addition to the development of international environmental law, leads to the creation of appropriate enforcement guarantees as regards compliance with   international obligations to the environment and humanity.

Keywords

international environmental obligations
international judicial procedure
international responsibility of states
legal
settlement of international disputes
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Public Law Studies Quarterly
Volume 52, Issue 1
Spring 2022
Spring 2022
Pages 421-437

  • Receive Date 23 September 2019
  • Revise Date 08 September 2020
  • Accept Date 26 October 2020

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