International Dispute Settlement and Environmental Protection: Ontological, Methodological and Processual Issues

Abstract The steadily growing reliance on international dispute settlement as environmental protection means is not uncontroversial, raising three sets of issues regarding: (i) the nature of adjudicative fora (ontological issues); (ii) wider assumptions and frameworks (methodological issues); and (iii) processes for creating and implementing environmental obligations (processual issues). Accordingly, this review essay is threefold. Despite a trend towards greater reliance on international dispute settlement fora, Part I discusses whether their presumably inherent ‘anthropocentric’ orientation hinders their suitability and assesses the feasibility of solutions advocated in judicial discourses. Having observed inconsistencies between the law-ascertainment methods deployed by adjudicative fora and the general regimes on law-ascertainment, Part II contends, international law-based environmental protection risks becoming overly “judge-centric”, despite international law-making’s state-centric nature. Part III concludes considering various reversals of perspective, potentially countering the shortcomings of overly “judge-centric” environmental protection, in addition to factors such as enforceability, plausibly justifying greater reliance on arbitral fora.

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Publication Details

Journal
Asian Journal of International Law
Published
2026-04-06
DOI
https://doi.org/10.1017/s2044251326100939
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00

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article

International Dispute Settlement and Environmental Protection: Ontological, Methodological and Processual Issues

D. Mejía-Lemos
Asian Journal of International Law
Environmental law and policy
article

International Dispute Settlement and Environmental Protection: Ontological, Methodological and Processual Issues

D. Mejía-Lemos
article en

Abstract

Abstract The steadily growing reliance on international dispute settlement as environmental protection means is not uncontroversial, raising three sets of issues regarding: (i) the nature of adjudicative fora (ontological issues); (ii) wider assumptions and frameworks (methodological issues); and (iii) processes for creating and implementing environmental obligations (processual issues). Accordingly, this review essay is threefold. Despite a trend towards greater reliance on international dispute settlement fora, Part I discusses whether their presumably inherent ‘anthropocentric’ orientation hinders their suitability and assesses the feasibility of solutions advocated in judicial discourses. Having observed inconsistencies between the law-ascertainment methods deployed by adjudicative fora and the general regimes on law-ascertainment, Part II contends, international law-based environmental protection risks becoming overly “judge-centric”, despite international law-making’s state-centric nature. Part III concludes considering various reversals of perspective, potentially countering the shortcomings of overly “judge-centric” environmental protection, in addition to factors such as enforceability, plausibly justifying greater reliance on arbitral fora.

Asian Journal of International Law
Xi'an Jiaotong University (CN)
Universidad Complutense de Madrid
Openalex Percentile: Top 6%
Environmental law and policy
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