Procedural issues of international environmental disputes

This chapter critically examines three procedural dimensions of international environmental law: evidence; provisional measures; and locus standi. Such aspects are intrinsically linked to three core features of this branch of international law, namely: the inevitable need for scientific expertise, the inherent urgence of environmental protection due to the challenges in repairing damage and the incontrovertible recognition of the environment as a global common interest. The chapter highlights the importance of adequate gathering and assessment of scientific evidence. Concurrently, it argues that a more generous approach to provisional measures would be needed to allow such procedural tool to fulfil its preventive role. Finally, the argument is made that the erga omnes nature of environmental obligations should be effectively mirrored in locus standi before international courts and tribunals.