Protecting the Environment in Latin America: Does Arbitration Have A Say?
Article from: TDM 4 (2022), in Latin America
This article analyses the potential role to be played by the international arbitration system when protecting the environment. For this purpose, it outlines the tendencies in treaty-drafting and the approach taken by arbitral tribunals in disputes involving Latin American parties, to understand how these issues have been tackled in practice. It concludes that arbitration could be an important resolution tool to address environmental challenges and balance related interests fairly, given that the applicable IIAs and their interpretation by the adjudicators provide the mechanisms to do so. ...