Road to COP26—arbitration and climate change disputes

Road to COP26—arbitration and climate change disputes

As climate change litigation against both companies and governments becomes increasingly prevalent, is there a role for international arbitration to help solve disputes relating to climate change?

This November, delegates from around the world will convene at the 26th Conference of the Parties to the UN Framework Convention on Climate Change (COP26) to finalise negotiations on the functioning of the Paris Agreement. Outstanding issues in regards to this Agreement include those relating to how it will be enforced—while the Paris Agreement provides that the Parties can agree to accept arbitration as the appropriate mechanism for resolving disputes, the 'procedures for arbitration' are yet to be addressed. This raises the question, is arbitration an appropriate means for dealing with international climate change disputes?

In the latest instalment in our series of News Analyses preceding COP26, Pamela McDonald, partner at Pinsent Masons, gives insight into (1) whether arbitration provides a relevant method of dispute resolution for climate change, (2) its benefits when compared with climate change litigation, (3) the expected impact of bilateral investment treaties (BITs) on domestic environmental policies and (4) how this might all fit into the international dialogue at COP26.

Read the full article here: The role of international arbitration in the landscape of climate change disputes.

For more information, see Practice Notes: What is climate change litigation? and The Paris Agreement 2015—snapshot.

 

More information on environment can be found here.

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About the author:
Elodie Fortin is a Paralegal in the Lexis®PSL Paralegal Hub. She earned her Bachelor of Civil Law (BCL) and Bachelor of Laws (LLB) degrees from McGill University in Canada, pursuant to which she completed her specialist Master of Laws (LLM) in Public International Law at the London School of Economics. She undertook several legal internships abroad, notably in Italy at the International Institute for the Unification of Private Law (UNIDROIT). She has a particular interest in International Arbitration.