Dispute resolution in support of climate change policy

At a panel discussion co-hosted by the SCC and partners last week at COP 23, experts gathered to discuss dispute resolution options that can be used to enable implementation of the UNFCCC and Paris Agreement.

The panel discussion of experts took place on 16 November 2017 at the official United Nations Framework Conference on Climate Change (UNFCCC) negotiation zone, the Bonn Zone. Moderated by Wendy Miles QC, the Chair of IBA Arbitration Committee Working Group on Climate Change, panelists addressed the opportunities for dispute resolution mechanisms to be used by states and other actors to incentivize compliance with the Paris Agreement and to promote stable legal frameworks. They further considered the role of arbitration in climate change context.

In her speech, SCC Secretary General Annette Magnusson focused on the importance of cross-border green investments in fulfilling the promises in Paris Agreement. Ms Magnusson emphasized that in absence of appropriate policy framework, companies simply refrain from investing. Further, she explained that the SCC wanted to contribute to a better policy by initiating a global innovation competition, the Stockholm Treaty Lab, where the challenge for contestants is to create a completely new type of legal instrument which incentivizes growth in support of climate change mitigation and adaptation.

The event was co-hosted by International Bar Association, Permanent Court of Arbitration and ICC Court of Arbitration. The panelists consisted of Dan Bodansky, Professor of Law at Arizona State University, Judith Levine, Senior Legal Counsel at Permanent Court of Arbitration, Kate Cook, Barrister at Matrix Chambers, Anna Marieke Vermeer-Künzli, Legal Counsel at the Ministry of the Foreign Affairs of the Netherlands.

See presentations here:

Kate Cook

Judith Levine

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