Reflections on an International Environmental Court

International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment.

<p class=copymedium>At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law.

<p class=copymedium>Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights have ruled on cases involving international environmental law.

<p class=copymedium>Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court.
This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests.

<p class=copymedium>The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law.