The Role of Alternative Dispute Resolution in Settling International Environmental Disputes

Abstract

In recent years, international environmental disputes have increased due to the escalation of cross-border environmental harms, such as pollution, climate change, and the degradation of natural resources. This research addresses the core issue of the limited effectiveness of traditional judicial mechanisms in resolving such disputes, given their procedural complexity, high costs, and lack of flexibility and technical expertise. Accordingly, the study explores the extent to which alternative dispute resolution (ADR) methods—such as negotiation, mediation, arbitration, and conciliation—can offer effective and sustainable solutions.

The aim of this study is to analyze the legal framework governing ADR mechanisms in the context of international environmental disputes and to assess their practical effectiveness. It highlights the unique features of environmental disputes and evaluates the comparative advantages of ADR over conventional judicial procedures. The research adopts a comparative legal analysis based on both Arabic and international sources and presents contemporary case studies that demonstrate the use of ADR in environmental conflict resolution.

The findings indicate that ADR methods offer greater flexibility and efficiency; however, their application remains limited due to weak legal frameworks and a lack of political will. The study recommends the establishment of a permanent international environmental court or specialized ADR centers staffed with legal and technical experts to enhance the fair and effective resolution of environmental disputes.