Beyond Adjudication: Resolving International Resource Disputes in an Era of Climate Change. Journal Article uri icon

Overview

abstract

  • The article discusses the use of adjudication in resolving international resource disputes prompted by climate change. It argues that such mechanism is ineffective due to adjudication's limitations such as process deficiencies, institutional restrictions, and its reliance on underdeveloped sources of international law. It suggests the integration of international dispute resolution (IDR) methods such as judicial settlement, arbitration and mediation to improve adjudicatory mechanisms, citing three cases such as the Mali-Burkina Faso border dispute to illustrate the claim. Moreover, it highlights other challenges facing international law in addressing the issue on key areas including sovereignty and the state-centric system, and the scope of international law.

publication date

  • June 1, 2011

Full Author List

  • Spain A

Additional Document Info

start page

  • 343

end page

  • 390

volume

  • 30

issue

  • 2