Voluntary Engagement, Compulsory Marriage? The Necessity and Opportunity of Community-Investor Environmental Arbitration

Article


Radavoi, Ciprian. 2016. "Voluntary Engagement, Compulsory Marriage? The Necessity and Opportunity of Community-Investor Environmental Arbitration." South Carolina Journal of International Law and Business. 12 (2), pp. 117-144.
Article Title

Voluntary Engagement, Compulsory Marriage? The Necessity and Opportunity of Community-Investor Environmental Arbitration

ERA Journal ID33792
Article CategoryArticle
AuthorsRadavoi, Ciprian
Journal TitleSouth Carolina Journal of International Law and Business
Journal Citation12 (2), pp. 117-144
Article Number7
Number of Pages28
Year2016
PublisherUniversity of South Carolina Press
Place of PublicationUnited States
ISSN1936-4334
Web Address (URL)https://scholarcommons.sc.edu/scjilb/vol12/iss2/7/
Abstract

Communities that do not consent to noxious environmental projects have access to negotiation and mediation as alternative dispute resolution (ADR) tools. The absence of arbitration from the list of available ADR mechanisms cripples the process of investor community engagement. This paper proposes "Community-Investor Environmental Arbitration" (CIBA) as prospective interest arbitration meant to establish long-term agreement between the parties to contentious environmental projects, similar to the role played in the U.S. by arbitration used in cases of deadlocks in collective labor agreement bargaining. The first part of the paper discusses normative, procedural, and instrumental factors that make CIEA desirable; also, it details its technicalities such as jurisdiction, applicable law, and procedures. In the second part, the paper suggests solutions for overcoming the likely rejection of CIBA by corporations. The solutions imply leveraging on values and interests at international organizations and/or government levels; as such, the paper gradually evolves from a transformative paradigm in the stage of problem identification, towards a pragmatic stance in the solution it proposes.

Keywordsenvironmental arbitration
ANZSRC Field of Research 20204899. Other law and legal studies
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Byline AffiliationsDalian Maritime University, China
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