The PCA Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment

Abstract

The Permanent Court of Arbitration adopted Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment on 19 June 2001. These Rules seek to address fundamental lacunae as identified by a panel of environmental law experts and the member states of the Permanent Court of Arbitration. This article discusses some innovative provisions of the Environmental Rules and concludes that arbitration under the Environmental Rules could have some advantages over adjudication, and that the Environmental Rules can increase access to justice functioning as a tool for interpretation of existing agreements; possibly mending some of the fragmentation of international (environmental) law. The article also offers an examination of present systems and scenarios for how the Environmental Rules may lead to direct environmental improvement.