International arbitration as a means of resolving disputes in transnational environmental issues

Abstract

: International arbitration has emerged as an effective tool for resolving environmental disputes on the global stage. As environmental issues such as climate change, biodiversity loss, and transboundary pollution continue to grow in complexity, arbitration is seen as a flexible and neutral means for states to address these issues outside of traditional courtrooms. Unlike litigation, which often involves lengthy legal proceedings, international arbitration offers a more convenient, cost-effective, and adaptable approach, allowing for flexible procedures and providing expert arbitrators specializing in environmental matters. However, arbitration in environmental disputes faces several challenges, including the complexity of scientific and technical evidence, lack of transparency, enforcement of arbitral awards, and power imbalances between states. Despite these challenges, international arbitration remains a valuable tool in international environmental law, providing a path to enforce environmental obligations, promote sustainable practices, and resolve disputes that transcend national borders. This study explores the role of international arbitration in environmental disputes, examining its advantages and contribution to resolving international environmental issues, as well as the challenges facing arbitration