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Part III Public International Law Disputes, Climate Disputes, and Sustainable Development in the Energy Sector, 18 Climate Disputes and Sustainable Development in the Energy Sector: Future Directives »

David W Rivkin, Catherine Amirfar
From: International Arbitration in the Energy Sector
Edited By: Maxi Scherer
This chapter addresses both climate change mitigation and climate change adaptation. It makes ‘the case for international arbitration’, analyzing in particular current dispute resolution structures on carbon trading and the specific set of arbitration rules developed by the Permanent Court of Arbitration (PCA) to resolve environmental disputes. It shows how increased awareness of climate change and its effects have clearly influenced the litigation and arbitration worlds. Developing bespoke environmental arbitration rules offers a number of benefits, including transparency, procedural flexibility, access to technical experts and arbitrators with key climate change expertise, and the possibility of multiparty involvement. Such rules may be of particular benefit to parties involved in carbon credit trading systems and investment projects motivated by such systems.