ABSTRACT

This chapter addresses the question of dispute settlement and compliance in international environmental law by reproducing a selection of instruments providing different flora to address violations of environmental obligations. It provides several options for states parties to settle disputes, including conciliation, arbitration and recourse to the International Court of Justice (ICJ) and International Tribunal for the Law of the Sea (ITLOS). The chapter illustrates cooperative solutions to non-compliance have been favoured in the specific framework of multilateral environmental agreements, particularly in the form of non-compliance procedures (NCPs). It also provides an insight into the mechanisms that have been developed within certain multilateral development banks allowing private parties to bring complaints against the organisations for their non-compliance with internal environmental regulations during the course of development lending operations. The chapter reproduces the 1993 Resolution establishing the World Bank Inspection Panel, the earliest of such mechanisms, which is competent to review, and if appropriate, investigate, requests brought by private parties.