Environmental accountability: a case for international conciliation?

Abstract

In the past, conciliation mechanisms have scarcely been applied in an inter-state context. It is not surprising that there have been no publicly known environmental conciliations yet. However, in international environmental law, where different dispute settlement mechanisms are still evolving, conciliation might gain currency in the future. This article aims to promote international conciliation to resolve environmental disputes between (i) states, (ii) individuals and the state and (iii) individuals and corporations. At the outset, this article addresses the problem of international environmental accountability. It then discusses conciliation and why parties should resort to it when resolving environmental disputes. Before concluding, the article addresses the practical implementation of environmental conciliation and gives general tips for future conciliation proceedings. This article concludes that while conciliation has not been widespread, it has the potential to bridge the environmental accountability gap if the parties are willing to consent to it.