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ARTICLE · 10 FEBRUARY 2016

Spotlight On International Arbitration As A Means Of Settling Disputes Arising From Climate Change

Arbitration is an attractive proposition because of the range of stakeholders and the types of disputes that it can accommodate.

GlobalEnvironment

Introduction

"Essentially what is at stake at this climate conference is peace".

Those were the words uttered by French President François Hollande to signify the importance of COP21 – the 21st Conference of Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris to address climate change in December 2015. Indeed, a study by the Pew Research Centre in the run up to COP21 found that climate change is considered to be the greatest threat to humanity by some distance. In a bid to address this threat, negotiators from 195 countries succeeded in adopting a universal, comprehensive climate agreement at COP21 (Paris Agreement).

However, the President of the International Bar Association (IBA), David W Rivikin said, "One of the greatest challenges for the negotiators is to persuade stakeholders that commitments will be enforceable beyond COP21". It has been suggested that arbitration can help with the enforcement of states'

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