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Resolution N°15. For an international environmental court (IEC)

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Vincent
Páginas92-93

Page 92

"We, attendees to the Third worldwide conference of environmental law NGOs and Lawyers, Convinced that the call for the establishment of an IEC should be considered in light of the more general problem of environmental law non-compliance and disputes,

Emphasizing on the fact that multilateral environmental agreements (MEAs) only rarely provide for compulsory dispute settlement rules,

Recognizing that, as a consequence, the contribution of both international and national courts to the development of international environmental law is hindered by their jurisdictional incapacity to generate MEA-based decisions,

Taking note of the European Parliament’s Resolution developing a common EU position ahead of the United Nations Conference on Sustainable Development (29.IX.2011),

Recalling that the idea of an IEC should be kept alive in spite the difficulty of considering it as a top-priority in the international agenda,

Approved the following recommendations regarding the creation of an IEC:

  1. It is important the IEC Statute be adopted providing that disputes concerning the interpretation and application of MEAs could be submitted unilaterally by the State that considers its rights as being violated.

  2. New MEAs and Protocols concluded in the future should always include compulsory dispute settlement and efficient compliance mechanisms

  3. A broad jurisdiction should be granted to the IEC ; mechanisms for avoiding concurrent jurisdiction must be provided.

  4. The ICE statute would be an useful instrument if States were to agree to amend all existing MEAs so that disputes concerning their interpretation and application could be submitted to it at the request of one party. This would entail that:

    (i) MEAs would be submitted to compulsory jurisdiction while now they can be submitted to a judge or arbitrator only by a special agreement or when the "optional clause" of art.36(2) of the ICJ Statute (or regional agreements of similar effect) are applicable;

    (ii) uniform interpretation of different...

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