LAW MANTRA THINK BEYOND OTHERS

(National Monthly Journal, I.S.S.N 23216417)

International Environmental Cooperation through Arbitration: The Way Forward
After the Arctic Sun Dispute


Abstract: The dispute in the Arctic region between some green peace activists and Russia has
brought back to importance the issue of environmental protection and conservation, and a
states responsibility to not only itself, but to other countries as well. The issue is still pending
resolution, and is creating quite the international tension, what with the Russian Government
being at loggerheads with the various other nations involved. This paper aims to show a couple
of things. Firstly, there is a great need to protect the Arctic region as it is minerally rich and is
home to a lot of biodiversity. Secondly, the paper hopes to show how to resolve environment
related disputes that occur on such an international scale, by suggesting the use of Arbitration.
Arbitration has been used before, quite successfully in the resolution of disputes such as the
current one, and thus can, not only be applied to the Arctic Sun Dispute but also to future
international environmental issues that crop up as well.

Key Words: International Arbitration, Climate Change, State Responsibility, Arctic Sun Issue,
Environmental Disputes, Dispute Resolution, Environmental Impacts of Oil Drilling
Introduction
The worlds desire for oil and gas has led to the exploration and development of fields in the
remote corners of the earth. The importance of petroleum to developed economies for
conveyance, electrical generation and temperature control has lead to the supervision of these
resources becoming matters of national and international security. However, development has
proved controversial in areas where the natural environment is considered particularly valuable
or vulnerably susceptible.
The development of petroleum and oil fields in Arctic has always attracted a great deal of
attention from environmental groups. The delay of Prudhoe Bay oil field in Alaska is a classic
example of this. However sometimes due to high national need for resources and foreign
exchange, the government decides to avoid environmental concerns and focuses on
development, like the Russian central governments decision to develop gas fields on the


Yamal Peninsula because of a national need for foreign exchange. This decision was made
despite an expert commission report
1
that raised serious environmental and indigenous rights
concerns. Oil and gas development in Yamal Peninsula have degrading environmental
capabilities
2
also it being worlds biggest oil and gas reserve
3
makes it incomparable. Whether
to develop incipient fields in the Arctic, and under what conditions, has become a national and
international issue of much concern.
In both Russia and United States of America, the decision making related to the Arctic is either
politically motivated or appears to be ad hoc or appears to be secretive for military reasons. For
instance, the Soviet gas Development in 1970s and 1980s was a concrete effort to generate a
gas bridge
4
between the present utilization of oil to engender energy and nuclear and coal
future. As argued by Gustafson
5
that development of oil was necessary following many years
in which the centrally planned economy needed expanding oil production to survive.
A report on latest 'Russia and Greenpeace Arctic- 30' incidence
The facts of the incident:
On Sept. 18th, Wednesday, a minuscule group of Green Peace International activists went on
for a halcyon protest against the Gazpromprirazlomnaya Oil Platform, in the Pechora Sea off,
the Russian coast. Two activists were detained and were held overnight by the Russian Coast
Sentinel or guard Vessel. The ship was apprehended and detained and was bought to
Murmansk on Sept. 19th
6
. This incident raised sundry concerns over the action taken by the
Russian Regime, below given is a comprehensive yet brief discussion over the issues raised.
7

Exclusive Economic Zone:
An EEZ is a 200-mile extension of coastal states right beyond the 12 nautical mile territorial
sea
8
. According to the Article 56 of UNCLOS
9
, the coastal state has sovereign rights for the
purpose of exploring and exploiting, installation of structures for the purpose of economic
exploitation and protection and preservation of the marine environment. This was firmly
established in the case of Libya v. Malta, 1985
10
. Article 60(2)
11
provides that in the EEZ, the
coastal state has jurisdiction to apply custom laws. In respect of installations and structures.

1
Fl, Ers, N., Brown, R., Andre'eva, Y. and Larichev, O. 1998. Justifying public decisions in Arctic oil and gas
development: American and Russian approaches. Arctic, pp. 262--279.
2
See,Pika, A. and Bogoyavlensky, D. 1995. Yamal Peninsula: Oil and Gas Development and Problems of
Demography and Health among Indigenous Populations. Arctic Anthropology, 32 (2), p. 61.74.
3
Harding, L. 2009. Yamal peninsula: The world's biggest gas reserves. The Guardian, 20th Oct
4
Supra note 1
5
Gustafson, T. 1991. Crisis amid Plenty: The Politics of Soviet Energy under Brezhnev and Gorbachev. Princeton
University Press
6
Available at: http://www.rg.ru/2013/09/20/reg-szfo/obvineniye-anons.html [Accessed: 14 Oct 2013].
7
Greenpeace International. 2013. LIVE - Latest Updates from the Arctic Sunrise activists. [online] Available at:
http://www.greenpeace.org/international/en/news/features/From-peaceful-action-to-dramatic-seizure-a-
timeline-of-events-since-the-Arctic-Sunrise-took-action-September-18-CET/ [Accessed: 13 Oct. 2013]
8
Malcolm Shaw. 2003. International law.580, 6th ed. Cambridge [etc.]: Cambridge university press.
9
1833 UNTS 3 / [1994] ATS 56 / 21 ILM 1261 (1982)
10
Continental Shelf (Libya v. Malta), 1985 I.C.J. 13 (June 3).
11
1833 UNTS 3 / [1994] ATS 60(2) / 21 ILM 1261 (1982)


The sovereign rights were limited by Article 58
12
of UNCLOS which lays down the rights and
duties of other states in the EEZ wherein, the rights include freedom of navigation.
In the instant case, Russia declared an EEZ in the Pechora Sea off. Inside this EEZ, there was
worlds first Arctic oil drilling was carried on at Gazprom oil-drilling platform. The Arctic
sunrise was within the EEZ but it stayed outside the 500-meters safety zone around the rig. The
significant question is whether the Arctic Sunrise posed any threat to the structure?
According to Russia, the Green Peace safety Pod in the ship resembles a bomb but looking at
safety Pod
13
, it was clearly designed to keep the activists warm
14
measures 3 meters long by
2 meters wide, is brightly coloured, and heavily branded with Greenpeace logos
15
. This
possibly couldnt be bomb. Also the inflatable boats that were used to reach the oil platform
could not pose any risk to the structure.
Therefore, looking the facts of the case, The Arctic Sunrise did not pose any threat to the
structure. It was exercising its freedom to navigate which one of the oldest International
customary principle. In the instant case, the peaceful protestors were charged with the offence
of Piracy. It is of much magnitude to determine which laws would be applicable i.e. Russian
municipal law or the international Piracy law as enshrined in UNCLOS. Having said that, it is
important to note that, Russia is a signatory to the UNCLOS.
Conclusion:
The question of who has right to drill in the Arctic ocean is a very complex one, with Russia
claiming its Shelf extending all the way to North Pole cannot be taken and leads to various
conflicts among various power hungry countries. With Russia being very serious about its
energy issue, they wouldnt even allow a simple thing as protest to disturb the Arctic Oil
drilling, The Arctic environment been ecological fragile, it currently becomes impossible to
fully clean up potential oil spills and that any increased drilling risks an environmental disaster.
With more oil drilling projects like ExxonMobil, Eni, and Statoil lines up to come up very
soon, it is high time to take action before they harm the ecological paradise of Arctic beyond
redemption.
With Dutch Government initiating arbitration proceedings against Russia under UNCLOS
under Article 285, 290(5) and 3, for the immediate realize of the crew, it will be a tough battle,
but if won can become a land mark case in the history of International Law
16
.



12
1833 UNTS 3 / [1994] ATS 31 / 21 ILM 1261 (1982)
13
Ria.ru.2013. | . [online] Available at: http://ria.ru/eco/20130919/964386631.html%20
[Accessed: 14 Oct 2013].
14
Supra note 6.
15
At home in the 'pod' - inside the Prirazlomnoya oil action. 2013. [Video] Greenpeace Video.
16
Greenpeace International 2013. Greenpeace International applauds Dutch arbitration over Arctic30. [press
release] October 4, 2013.


Environmental Concerns in the Arctic & Resolution of these Concerns
Arctic Claims:
The Arctic region is one of the few undefined territories left. That is to say it has not yet been
claimed by different nations, with the initial position being that the Arctic resources were not
visibly apportioned between countries. Today however, the arctic zone is claimed by at least
five countries: Russia, Norway, Denmark, Canada and the United States. What makes the
situation worse is that they each have direct access to the Arctic Ocean. The differences in
approach of these countries could very well lead to an escalation of the international tensions
plaguing the world and there is a distinct possibility of the development of international
conflicts of local/regional nature. Despite the longstanding presence of the Inuit people, States
have clashed over sovereignty in and access to the Arctic Ocean.
17

This problem will arise because of the grey area that exists on the extent of exploitation of
resources by countries. According to international law, the length of the continental shelf of a
maritime boundary is 200 nautical miles from the coast (the economic zone). Simultaneously,
the UN Convention on the Law of the Sea provides for the a situation whereby if a country can
demonstrate that the continental shelf of the Arctic Ocean is an extension of its continental
platform, that portion of the Arctic shelf will be thought of as its territory.
In the recent years, several countries have made major attempts to chalk out their respective
portions of the Arctic region:
Russia has had three major expeditions In 2007 the Arktika in the North Pole and
subsequently in 2010 the research vessel Akademik Federov and the atomic ice breaker
Yamal were launched.
Russia also claims that the Mendeleev Ridge and the Lomonsov Ridge are a part of its
territory.
At one point in 2006 Norway claimed the Lomonsov Ridge to be its land, but failed to
substantiate the same.
Canada was at loggerheads with Russia over the Lomonsov Ridge, claiming it to be a part of
Canadian territory.
China too is staking its claims by attempting to acquire 300sq kms into Icelands island areas.
The USA claims that it is entitled to the seabed north of the Chukchi Plateau bordering Alaska.




17
E.J. Currie, D. 2005. Sovereignty and Conflict in the Arctic Due to Climate Change: Climate Change and the Legal
Status of the Arctic Ocean. www.globelaw.com.
http://www.globelaw.com/LawSea/arctic%20claims%20and%20climate%20change.pdf[Accessed: 14 October
2013


Ecological Impact of the Arctic Claims:
In recent years, scientists have become increasingly concerned over damage to the Arctic
environment caused by petroleum, hydroelectric, mining, and other astronomically large scale
development projects. Thinning of the ozone layer with the corresponding increase in the UV-
radiation is expected to have consequential effects on biological organisms in the region, which
in turn, will promote further perturbation in the atmosphere. These negative effects of
development are not necessarily limited to the borders of the country in which they originated.
Indeed, the deleterious environmental impact of our global industrial economy has become
sufficiently profound that social analysts are beginning to ask whether development strategies
that cause such harm to the Arctic and sub-Arctic region should continue; and if not, what
should replace them
18
.
The Arctic is warming proximately twice as rapidly as the rest of the globe, with average
Arctic temperatures elevating at virtually twice the rate of the rest of the world in the past few
decades, according to the final report of the Arctic Climate Impact Assessment, a four-year
study conducted by hundreds of scientists. Average winter temperatures have incremented as
much as 3-4C in the past 50 years in Alaska, Western Canada, and Eastern Russia; and the
Arctic region is projected to warm a supplemental 4-7C by 2100. The average sea-frozen
dihydrogen monoxide extent has decremented by 8% over the last 30 years, and the melting
trend is expediting. Sea-frozen dihydrogen monoxide extent in tardy summer has declined even
more, with a loss of between 15 and 20%.
Arctic sea-frozen dihydrogen monoxide has substantially become 10-15% thinner overall, and
some areas have shown reductions of up to 40%. The assessment projects that at least half the
summer sea ices in the Arctic will melt by the cessation of this century, along with a
paramount portion of the Greenland Frozen dihydrogen monoxide Sheet. These vicissitudes
threaten the survival of some arctic animal species such as polar bears, walrus, frozen
dihydrogen monoxide-living seals and some marine birds and pose challenges to the health,
food security and culture of indigenous people
19

Apprehensive over the environment extends well beyond the policymaking community
20
. In
Russia during the 1980s extensive public discussion and protest followed new scientific report
addressing the overwhelming negative ecological impact of industrial development on the land
and peoples of Siberia, the fast east, and other regions of the former Soviet Union
21
. Popular
pressure was also influential in bringing about the cancellation of the large-scale hydroelectric

18
"Unknown". 1992. Paper presented at New Perspectives on the Arctic: The changing role of the United States in
the Circumpolar North. Conference on U.S. Arctic Policy, University of Alaska-Fairbanks., August 12-14.
19
The Arctic Climate Impact Assessment was a project of the Arctic Council and the International Arctic Science
Committee (IASC), at http://www.acia.uaf.edu/. Arctic Climate Change and Its Impacts (2004), Executive
Summary and page 10.
20
Arikayen (1991). Sustainable development of the Soviet Arctic: Some possibilities and constraints. Polar Record
27: 17-22.
21
Pika A and Prokhorov B (1989). Soviet Union: The Big Problem of Small Ethnic Groups. Document57,
International Working Group for Indigenous Affairs (IQGIA) Copenhagen, pp. 123-135.


project in the Chukchi autonomous okrug
22
and postponement of the massive gas development
of Yaman Peninsula. These problems are stimulating and extensive debates over wilderness
preservation vs. the proposed exploration of petroleum deposits.
In Canada, and in particularly region surrounding Hudson Bay, efforts to dramatically expand
hydroelectric power projects are facing challenges from opposing parties who perceives such
developments as highly detrimental to the flora and fauna to sub-Arctic region
23
.
Long history of land usurpation and environmental degradation has left these indigenous
peoples population and their subsistence economies highly vulnerable to human rights abuse
particularly sustainable loss of culture diversity and well as ecosystem integrity. In the recent
effort to address these twin problems of environmental degradation and social inequity, the
ministerial representatives of the eight Arctic rim countries sat down and discuss the need for
an Arctic environmental protection strategy
24
.
It must be acknowledged however, that although this initial effort multilateral cooperation
produces a number of positive recommendations, including observer status for indigenous,
non-governmental organisations and scientific monitoring of changing environmental
conditions, the delegates were unwilling to address problems associated with the utilization of
Arctics natural resources and the environmental effects of military activities
25
.
It appears therefore, that environmental threats to the northern ecosystem and its people
continue to grow, competing economic and political interest, along with conflicting ideological
and cultural outlooks seriously hamper additional multilateral activities
26
.
Government and industrial leaders promote the view that new technical knowledge will
eventually overcome our ecological problem thereby enabling the continuation of economic
growth with fewer environmental penalties. But even a brief look at the past suggest that in
many instances, the seeking of scientific breakthroughs rather than solving problems
associated with the degrading environment actually distances from addressing those
problems.
27
While technological improvements are certainly to be encouraged, they appear not
the offer a not a final solution to the problem of how best to develop Northern resources, thus
the search for other alternatives continues to be important.
In more culturally oriented rational for the sustainable utilization of the Arctic natural
resources can be found in the statement of the indigenous groups such as the Inuit Circumpolar

22
Andreeva (1989). Social and Ecological Consequences of the Perspectibe Use of the Central Chukota Hydro-
energy Resources. Final Report, Institution of Biological Problems of the North, Novosibirsk.
23
Beyea, J., Rosenthal, J. and Hansell, J. 1990. Long term threats to Canada's James Bay from hydroelectric
development. Information North (Arctic Institute of North America), 16 (3), pp. 1--7.
24
IARPC (Interagency Arctic Research Policy Committee)(1991). Declaration on the Protection of the Arctic
environment and Arctic environmental protection strategy. Arctic Research of the United States 5(Fall): 29-35.

25
Monica Tennberg (1992). The Rovaniemi Process and New International Actors. Paper Presented at the First
International Congress of Arctic Social Science, University Laval, Ste-Foy, Quebec.
26
Resnick, S. and Wolff, R. 1993.State Capitalism in the USSR? A High-Stakes Debate. Rethinking Marxism, 6 (2),
pp. 46--68.
27
Lustiger-Thaler, H. 1990. Under Technology's Thumb William Leiss Montreal: McGill-Queen's University Press,
1990, pp. xii, 169. Canadian Journal of Political Science, 23 (04), pp. 821--822.


Conference. In their 1992 position paper outlining a comprehensive Arctic policy they stressed
that Northern development must refer to more than economic growth. It must allow for and
facilitate spiritual, social and cultural development.
28
. This emphasis in the spiritual social and
cultural, interjects a new human ecological perspective to environmental issues often lacking in
other approaches associated with sustainability. But it still does not address the finiteness of
Arctic resources.
As the economists Robert Costanza 1991 has stated economic growth, which is an increase in
quantity cannot indefinitely be sustained on a finite planet
29
. He goes on to suggest that a
distinction be between growth and development in which the latter represents an improvement
in the quality of life without necessarily causing an increase in the quantity of resources
consumed
30
. This cultural approach provides a worthy challenge to the mainstream use of
sustainable development in the Arctic and elsewhere. But for it to have any chance of success,
it must also be viewed in relation to the second major problem referred to earlier: the formable
unequal distribution of well drawn from the regions natural resource
31
.
Arbitration: A successful tool to resolve International Environmental Disputes?
Internationally, it is almost tradition where arbitration being used as a method to resolve
environmental disputes is concerned. One of the earliest examples can be seen in 1893, where
an international arbitration tribunal passed an arbitral award in the Pacific Fur Seal
Arbitration.
32
In the said case there was a dispute between the United Kingdom and the United
States regarding the circumstances in which the United States - a coastal State could intrude
upon the British fishing activities on the high seas. This placed the interests of conservation
against that of economic development.
In a much later case, an Arbitral Tribunal gave the award in the famous Trail Smelter
arbitration, between the United States and Canada.
33
This case dealt with the transboundary
pollution being caused by sulphur deposits, which were being emitted from Canada onto
United States territory. Another example would be the arbitral award being given in the famous
Lac Lanoux arbitration, between France and Spain. It dealt with the situations in which one
State could lawfully use shared international waters.
34
Each of these cases is remarkable as
they show historical examples of economic development at loggerheads with environmental
protection. . They have been instrumental in showing that there are issues that crop up during
the balancing of competing interests.

28
Inuit Circumpolar Conference (ICC) (1992).Principles and Elements for a Comprehensive Arctic Policy. Centre
for Northern Studies and Research, McGill University, Montreal.
29
See Robert Costanza, The Ecological Economics of Sustainability in Robert Goodland, The Case that the World
has Reached Limits: More Precisely that Current throughput Growth in the Global Economy cannot be Sustained
in Robert Goodland et al (eds.), Environmentally Sustainable Development: Building on Brundtland.
(UNESCO, 1991) 83
30
Leskin, V.N. and Andreeva (1993). The Regional Policy of Russia, Progress Publishers, Moscow.
31
Laura Horn. 2013. RIO+20 UNITED NATIONS CONFERENCE ON SUSTAINABLE DEVELOPMENT: IS THIS THE
FUTURE WE WANT?. Macquarie Journal of International and Comparative Environmental Law, 9 (1).
32
Moores International Arbitration, 755 (1893)
33
3 RIAA (1941), 1907.
34
24 ILR (1957), 101


This being the case, it is important to point out that there isnt single adjudicatory body or
tribunal that deals solely with the resolution of Environmental Disputes. Many different
international bodies undertake dispute resolution in the environmental disputes. Some of them
include:
The Permanent Court of International Arbitration Though this forum has been overshadowed
with the creation of other dispute resolution institutions, its award in the case concerning the
Iron Rhine (Ijzeren Rijn) Railway (Belgium v. Netherlands, May 2005)
35
is a noteworthy one.
The International Court of J ustice - The ICJ has played a significant role in many different
fields in International Law. It has successfully adjudicated disputes and mitigated situations.
Some of the most well known examples of its successes include:
The advisory opinion on the Legality of the Use of Nuclear Weapons,
36

The judgment given in the Case concerning the Gabcikovo/Nagymaros
37
dispute
(Hungary/Slovakia) where the issue of construction of barrages on the Danube cropped up.
The provisional measures ordered by the ICJ in the case concerning Pulp Mills on the River
Uruguay
38
, brought by Argentina against Uruguay (J uly 2006)
The WTO Appellate Body - Its decision in the Shrimp Turtle case
39
, concerning the
circumstances in which the United States was able to impose conservation measures under its
laws on shrimping activities taking place in four Asian countries.
40

The International Tribunal for the Law of the Seas The provisional measures ordered in the
Southern Blue-Fin Tuna
41
cases brought by Australia and New Zealand against J apan, dealt
with J apans independent scientific experimental fishing (August 1999). Additionally its
decision in theMOX Plant case
42
brought by Ireland challenging the United Kingdoms
sanction of a new nuclear facility at Sellafield, and the Land Reclamation
43
case brought by
Malaysia against some of the land reclamation activities undertaken by Singapore are examples
of its contributions to the adjudicating of international environmental disputes.
It is important to give special mention to the Permanent Court of Arbitration. The PCA is an
intergovernmental organization with around 115 member states. It was established in 1899 to
facilitate arbitration and other forms of dispute resolution between states. The PCA's
Secretariat, the International Bureau, headed by its Secretary-General, provides full registry
services and legal and administrative support to tribunals and commissions. Its caseload
reflects the breadth of PCA involvement in international dispute resolution, encompassing

35
See: <http://www.pca-cpa.org/ENGLISH/RPC/BENL/BE-NL%20Award%20corrected%20200905.pdf>.
36
ICJ Reports 1996, 226.
37
Case concerning the Gabcikovo-Nagymaros Project (Hungary / Slovakia), ICJ Reports 1997, 7.
38
ICJ, Provisional Measures Order, 13 July 2006.
39
Shrimp Turtles case, AB-1998-4, 12 October 1998; 38 ILM (1999), 118.
40
Also noteworthy is the WTO Panel decision in the EC-Biotech case brought by Argentina, Canada and the
United States challenging the European Communitys import regime for genetically modified organisms. See:
http://www.tradeobservatory.org/library.cfm?refid=78475
41
38 ILM (1999), 1624.
42
See link for text of full judgement: http://www.itlos.org/cgi-bin/cases/case_detail.pl?id=10&lang=en
43
See link for text of full judgement: <http://www.itlos.org/cgi-bin/cases/case_detail.pl?id=12&lang=en>.


territorial, treaty, and human rights disputes between states, as well as commercial and
investment disputes, including disputes arising under bilateral and multilateral investment
treaties.
The PCA adopted the Optional Rules for Arbitration of Disputes Relating to the Environment
and/or Natural Resources ("Environmental Rules") in 2001. A working group and committee
of experts in environmental law and arbitration drafted the rules. The Environmental Rules aim
to deal with some of the principal lacunae in environmental dispute resolution that was
identified by the working group. The PCA has also adopted the The Optional Rules for
Conciliation of Disputes Relating to the Environment and/or Natural Resources in
2002. These Rules give the most comprehensive set of environmentally tailored dispute
resolution procedural rules presently available. The PCA also provides help on drafting
environment related dispute settlement clauses.
44

The Environmental Arbitration Rules provide for the establishment of a specialized list of
arbitrators considered to have expertise in this area. The Rules also provide for the
establishment of a list of scientific and technical experts who may be appointed as expert
witnesses pursuant to these Rules.Parties to a dispute are free to choose arbitrators, conciliators
and expert witnesses from these Panels. However, the choice of arbitrators, conciliators or
experts is not limited to the PCA Panels.
45

Consequently there is a whole host of Arbitration Institutions available at the disposal of
conflicting countries/parties to peaceably resolve their differences. Each of these institutions is
no less than the other and have all contributed significantly to the pacific settlement of
disputes.
Conclusion
The sad truth that needs to be faced is that climate change, and the oil and gas that creates
climate change, are threatening to entangle the Arctic Ocean and its bordering States into
quarrels over sovereignty, access to resources, navigation and the protection of the
environment.
The use of the Northwest Passage by tankers or other vessels may be facilitated by the melting
of Arctic ice due to climate change, but other changes brought about by climate change,
including icebergs, movement of ice and changed currents, mean that any such use will bring
new risks to the Arctic environment. The 15 years which have elapsed since the Exxon Valdez
oil spill may have dulled some memories of the effect of oil spills in northern latitudes, but the
more recent Prestige oil spill in 2002 itself brought about moves by States to protect their
coastlines from oil pollution, including moves to introduce prohibitions on single hulled oil
tankers which international law had not to date sanctioned.
Article 234 of the Law of the Sea Convention is restricted to laws enacted by coastal States and
to the EEZ. It may well be that international interest in protecting the fragile Arctic marine

44
See the Guidelines for Negotiating and Drafting Dispute Settlement Clauses for International Environmental
Agreements for detailed information.
45
http://www.pca-cpa.org/showpage.asp?pag_id=1058


environment from oil spills will require more than coastal state controls and include
prohibitions on transport and mineral extraction, where necessary.
46
This sordid state of affairs
has been amplified by Russian action towards to the Greenpeace ship The Arctic Sun.
Keeping this in mind there is an urgent need to either set up viable mechanisms for resolving
disputes modify the existing institutions on dispute resolution. The best and most suitable form
of dispute resolution where nations are concerned is Arbitration. This is because they can
involve themselves more in the whole process and feel more favourable towards the Award,
however it goes. Arbitration is an effective method to resolve environmental disputes, having
been used for the same purpose for many centuries.

By:- Shambhavi Ravishankar,4th Year & Namit Bafna,3rd Year B.A.LL.B, School Of
Law Christ University

46
http://www.globelaw.com/LawSea/arctic%20claims%20and%20climate%20change.pdf