Legal Fragmentation in Cross-Border Environmental Disputes: A Treaty-Based Regime

Abstract

This paper rigorously examines the complexities and challenges posed by legal fragmentation within the current treaty-based civil liability regimes, especially as they relate to dispute resolution in cross-border environmental cases. Analyzing the inherent limitations of existing systems, the paper probes into the underlying reasons for governments' hesitation to partake in and ratify civil liability treaties, pinpointing issues such as conflicting national interests, contentious treaty content, and prohibitive transaction costs. Moving beyond mere identification of challenges, the study offers a thorough investigation into multifaceted solutions designed to enhance international collaboration and commitment. Strategies explored include the judicious implementation of liability caps to protect domestic interests, the creation of compensation funds to provide assurance for victims, the innovative concept of 'issue linkage' to bridge disparate interests, and comprehensive legal methodologies that transcend traditional approaches. Together, these interwoven solutions aim to forge a more resilient, responsive, and effective international legal framework, contributing positively to both environmental protection and legal coherence.