TITLE:
Adjudicating International Environmental Law Litigation: Recent Development of Case Law
AUTHORS:
Theodore Okonkwo
KEYWORDS:
Arbitration, Environmental, Act, Resources, Rights, Disputes, EIA, Litigation
JOURNAL NAME:
Beijing Law Review,
Vol.8 No.3,
August
9,
2017
ABSTRACT: This article revolves around distinct dimensions related to the international environmental legal framework. In the recent years, there have been various developments in the field of international environmental law. Some of the inter-state disputes have raised concern towards resolving environmental issues. There are three well-known cases properly discussed in this article, i.e. Indus Waters Kishenganga, South China Sea and Pulp Mills case. In all of these three cases, a new jurisdiction has been proclaimed giving a new side to the international environmental litigation. For instance, ICJ’s judgement introduced the need for inclusion of EIA in the Pulp Mills case. On the contrary, the Partial Award in the case of Indus Waters Kishenganga, extended rights of India over Indus River but restricted the State from conducting extensive operations. The South China Sea case prohibited China from exercising historic rights over resources which belong to the nine dash line.