What is it about?
Environmental interests can be ignored in the process of dealing with international commercial disputes. But mediation is well suited to be applied in a way to safeguard environmental interests while being an effective cross-cultural dispute resolution tool. This article talks about how Chinese and international concepts of ecological balance can be applied as reference points in international mediation and arbitration and advocates that mediation is the most suitable 'first line' of dispute resolution in Belt and Road disputes involving Chinese parties.
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Why is it important?
In a world of exploding international disputes and discord, and of potentially catastrophic climate change issues, a method needs to be adopted to address environmental concerns in the resolution of every international dispute. This article advocates that mediation is the best method to implement such concepts so long as environmental reference points are built into a variety of different guiding instruments.
Perspectives
I hope that this article helps people understand the limitations of existing well-known international dispute resolution devices and how new developments now allow mediation to be applied to capture and resolve a huge number of international disputes previously left unresolved, and how mediation can be used as a tool to guide parties to resolve disputes in a more ecologically sensitive manner.
Peter Howard Corne
New York University
Read the Original
This page is a summary of: Ecological Civilization and Dispute Resolution in the BRI, Chinese Journal of Environmental Law, December 2020, Brill,
DOI: 10.1163/24686042-12340058.
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