Arbitration in Resolving Climate Dispute

  • Vishwesh Tiwary and Dr. Ujjwal Kumar Singh
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  • Vishwesh Tiwary

    Student at Law College Dehradun, Uttaranchal University, India

  • Dr. Ujjwal Kumar Singh

    Assistant Professor at Law College Dehradun, Uttaranchal University, India

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People must immediately address global warming and climate change. Daily evidence shows global warming is worsening. We must stay up while serving our needs and protecting the environment. Solving the climate change dispute has no limits. It takes time to reach environmental agreements amongst nations. However, new dispute resolution strategies may be possible. Section 2(f) of India's Arbitration and Conciliation Act covers international arbitration, which might involve a single individual, a corporation, or even a foreign government. By explaining more, India has started this process. Many solutions that could reduce global warming have yet to be discovered. Many chosen for arbitration know it's being discussed for various reasons. Commercial disputes, investment treaties, and other conflicts are resolved through arbitration and other non-traditional methods. Commercial and other types of arbitration are preferred for fast resolution due to their streamlined procedures, speedy decisions, and other benefits. Climate change and commercial challenges are often prioritised, even if we equate climate change with international arbitration. Numerous measures by arbitration institutions show that international arbitration is responding to global warming. Numerous treaties, initiatives, and tribunal rulings are essential for solving the biggest environmental issues. Arbitrators are interested in climate change issues since they affect the public. For efficacy, concerns will be raised. Examining the arbitration industry's advances can help you understand. Despite their apparent unrelatedness, the 2016 Paris Agreement and arbitration will control climate change. These aspects must be related for better results. To mitigate the worst effects of climate change, energy, land, urban infrastructure (including transportation and buildings), and industrial sectors must be rapidly and significantly modified. Due to global climate change, energy, land, urban, infrastructural, and industrial systems will need urgent and thorough alterations, which will lead to new investments and contracts and legal challenges. The Paris Agreement only applies to state parties, unless they have incorporated it into domestic law. Contracts to adopt energy or other systems for transitioning, mitigating, or adapting in compliance with the Paris Agreement and contracts without climate clauses can lead to disputes. The UNFCCC ratified the Paris Agreement in 2015, requiring all nations to pursue ambitious climate change mitigation and adaptation measures. The Paris Agreement's mitigation goal is a 2-degree Celsius global temperature drop from pre-industrial levels. The accord also seeks to improve nations' climate change adaption. The Paris Agreement also supports vulnerable and developing nations in adapting. The ICC working group considered all climate change-related disputes and policies. The 2018 IPCC Special Report on Global Warming of 1.5 degrees Celsius calls climate change a major issue. To avoid the worst effects of climate change, energy, urban infrastructure, land, and industrial systems must be overhauled immediately. The worldwide response to climate change will rapidly modify land, infrastructure, and industrial systems, creating new investment opportunities and contractual agreements and increasing contractual legal issues.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3072 - 3083


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