Table of Contents

Research Handbook on Disasters and International Law

Research Handbook on Disasters and International Law

Research Handbooks in International Law series

Edited by Susan C. Breau and Katja L.H. Samuel

International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.

Chapter 23: Dispute settlement in the aftermath of disasters

Lawrence Hill-Cawthorne

Subjects: environment, disasters, environmental governance and regulation, environmental law, law - academic, environmental law, law and development, public international law, politics and public policy, environmental governance and regulation

Abstract

This chapter explores a range of dispute settlement mechanisms (DSMs) for resolving disputes in the aftermath of disasters. It thus fills an important gap in the existing scholarship, not only offering an in-depth assessment of the various mechanisms that might be employed to resolve future disaster-related disputes, but also considering what we can learn from past experiences here. The chapter considers a range of DSMs, looking in turn at international courts and tribunals, domestic courts and alternative dispute resolution mechanisms. These institutions are explored through seven case studies. A number of important conclusions are drawn from these case studies that should help to ensure that in future post-disaster situations the most appropriate DSMs are utilised in a way that ensures their effectiveness in resolving disaster-related disputes.

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