The Prospective Legal Challenges in International Environmental Dispute Resolution

Abstract

Environmental issues global scale and complexity are posing growing legal challenges for international dispute resolution mechanisms. The lack of enforceable legal frameworks and voluntary commitments under treaties like the Paris Agreement may hinder effective dispute resolution. Future challenges include the need for technological and scientific expertise in assessing environmental harm and addressing the disproportionate impact of degradation on vulnerable states and populations. International environmental disputes are becoming increasingly complex as the world grapples with climate change, biodiversity loss, pollution, and resource depletion. Traditional dispute resolution mechanisms, such as treaties, arbitration, and multilateral agreements, have been instrumental in managing conflicts. However, these mechanisms face several prospective legal challenges that are likely to intensify in the future. Additionally, the evolving nature of environmental issues, such as climate change attribution and emerging pollutants, compounds the legal uncertainty. International bodies like the International Court of Justice (ICJ) and newer frameworks like the Paris Agreement provide avenues for dispute resolution but may struggle to keep pace with evolving scientific and legal norms. This paper explores these future challenges and proposes potential reforms, focusing on enhancing accountability, improving dispute resolution mechanisms, and aligning international legal frameworks with global environmental goals.