ABSTRACT

Environmental disputes are difficult to define. One of the reasons for this is that the term environment also lacks a precise definition. States have a duty to protect and preserve the marine environment under Article 192 of United Nations Convention on the Law of the Sea. The ambiguous standard for marine environmental protection may lead to disputes between developed and developing countries regarding their obligation to prevent, reduce and control the pollution of the marine environment. The legal methods involve international arbitration and adjudication, and the use of national courts. They require the application of the law by a third party and result in binding decision. The International Court of Justice has jurisdiction over contentious cases referred to it and all matters specially provided for in the United Nations Charter or in other treaties and conventions. Most environmental treaties provide for arbitration. For instance, the 1969 Oil Pollution Intervention Convention contains detailed provisions on the composition of an arbitration tribunal.