The role of arbitration in promoting compliance to climate change law

International Conference on Climate Change 2018

Latifah, E.^1 ; Imanullah, M.N.^2

International Law Department, Faculty of Law, Universitas Sebelas Maret, Jl. Ir. Sutami 36A, Surakarta, Indonesia^1

Civil Law Department, Faculty of Law, Universitas Sebelas Maret, Jl. Ir. Sutami 36A, Surakarta, Indonesia^2

关键词: Alternative solutions;    Dispute settlement;    Enforcement mechanisms;    Interpretation methods;    Legal research;    Library research;    Secondary datum;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/200/1/012045/pdf
DOI  :  10.1088/1755-1315/200/1/012045

来源: IOP

【 摘 要 】

This study aims to review arbitration as a forum to settle the dispute in a case regarding the environment and climate change which possible to play the role of promoting conformity with the international climate change law. This issue arises from the fact that the international climate change law has entered the new phase. However, in regard to the substance point, this new instrument is bereft of a binding and coercive compliance system which makes the treaty is difficult to be implemented since there is no enforcement mechanism. Meanwhile, the number of disputes related to the environment and climate change have increased lately. The lacuna of law enforcement mechanism within the Paris Agreement will lead the new problems. The result of the research shows that arbitration as one of dispute settlement means becomes an alternative solution to address this matter. Arbitration has the role to create predictability and certainty so that this forum could be purposed to promote the compliance over the international climate change law. This is a normative legal research using secondary data, included primary, secondary, and tertiary legal materials. The data were collected using library research which subsequently adopts a legal interpretation method to analyze data.