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Greening Arbitration and Climate Change Disputes – The Role of Arbitration in the Global Battle Against Climate Change

15.4.2024, Maisteritutkielma

Being the biggest threat human history has ever faced, climate change has affected dispute resolution among other matters. Climate change disputes have increased — and will continue to increase — significantly. To prevent the national courts from being congested by accumulating climate change disputes, the role of arbitration in resolving such disputes is necessary to be clarified. The ultimate purpose of this thesis is to analyze the role of arbitration in resolving complex climate change disputes. This objective of the study is reached by first evaluating what kind of disputes are considered as climate change disputes and which of these could be resolved by way of arbitration. Secondly the role of arbitration as a dispute resolution mechanism to resolve climate change disputes will be analyzed more thoroughly. These research questions will be addressed by the legal-dogmatic method. The results of this thesis show that arbitration is an efficient dispute resolution mechanism for climate change disputes in general and especially for indirect climate change disputes. Climate change arbitration has an adapting and mitigating role in relation to climate change. Hence, climate change arbitration provides a well-established and relevant tool to respond to climate change and its effects.

Asiasanat
• Ilmastonmuutos - Vaihtoehtoinen riidanratkaisu - Välimiesmenettely