Arbitraje para conflictos ambientalesuna aproximación desde los Derechos Humanos

  1. Elena de Luis García
Journal:
THEMIS: Revista de Derecho

ISSN: 1810-9934,  2410-9592

Year of publication: 2020

Issue Title: Arbitraje

Issue: 77

Pages: 505-515

Type: Article

DOI: 10.18800/THEMIS.202001.028 DIALNET GOOGLE SCHOLAR lock_openDialnet editor

More publications in: THEMIS: Revista de Derecho

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Abstract

In the clash between business activity and environmental protection, damages could occur to disposable rights. Under a human rights approach, arbitration may play a key role as a mechanism that can reduce barriers of access to justice for victims of these conflicts and achieve fair reparation for them. The aim of this article is to examine what elements should establish an adequate arbitrability system for repairing damages produced as a consequence of environmental dispute. For this purpose, the author focuses on the recently approved Hague Rules on Business and Human Rights Arbitration and analyzes the main challenges in this field. In this regard, she highlights the importance of addressing underlying issues such as transparency and access to information, the need of qualified arbitrators, the possibility of third-party intervention and class action prevention.