Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment: Permanent Court of Arbitration (PCA)

by Tamar Meshel

This paper was first published as 'MPILux Working Paper 1 (2017)'. The full and final text is now available online as an entry of the Max Planck Encyclopedia of International Procedural Law, published by OUP at www.mpeipro.com.

Abstract: This entry addresses the Optional Rules for Arbitration of Disputes Relating to the Environment and/or Natural Resources adopted by the Permanent Court of Arbitration in 2001. The Rules were aimed at addressing procedural deficiencies identified in dispute resolution arrangements under existing environmental treaties. The entry discusses the background to the adoption of the Rules, their main provisions, and use, and evaluates their ability to overcome the shortcomings of classical international dispute resolution in dealing with environmental issues.