نقش دیوانهای داوری بین المللی در توسعه حقوق بین الملل محیط زیست.

Autor: حمید الهوئی نظری, بهمن ساعدی
Zdroj: Public Law Studies Quarterly; Summer2024, Vol. 54 Issue 2, p959-983, 25p
Abstrakt: Today the preservation of the environment has become one of the most pressing concerns among the global community. Climate change, biodiversity loss, and freshwater depletion pose significant environmental threats, and their distinctive attributes have transformed them into transnational issues. As a result, the situation in question necessitates the need for involvement of international law, particularly the system for the settlement of international disputes. This paper uses a descriptive-analytical method to explain the role of international arbitral tribunals in the development of international environmental law. The findings of this study show how international arbitral tribunals, despite normative insufficiency and existing legal gaps, have been able to recognize and address environmental considerations while complying with treaties concluded between states. Such effective function of arbitration courts has led the awards of international arbitral tribunals to play a significant role in the application, enforcement, and as a result, development of international environmental law. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index