On the one hand, this facilitates the appointment of appropiate persons to solve the conflict, avoiding disputes about the suitability of arbitrators or conciliators, who otherwise would have to be chosen from an unlimited number of persons. On the other hand, the existence of a limited group of jurists who represent all political and legal cultures, in a unique and homogeneous body enables the Court to offer a consistent approach to the solution of environmental conflicts.

The Secretariat of the International Court of Environmental Arbitration and Conciliation keeps a list of members who will act as Arbitrators and Conciliators, irrespective of nationality, who are jurists or specialists of high reputation and who are well known in the legal or environmental fields. These represent the different legal systems of the world as well as the most important branches of environmental activities.
 

The functions of the Court are as follows:
 

A) Conciliation

Any public or private entity which wishes to initiate conciliation procedure must submit an application to the Court, which will send a copy of this application to the other Party. Once intervention by the Court has been accepted by both Parties, a Commission comprising an odd number of conciliators will be appointed by the Secretary General in consultation with the Parties and the Members of the Court. The Commission will have to clarify the points of controversy between the Parties and strive to achive an agreement between them, under conditions acceptable to both sides.

If, at any time during the proceure, the Commission decides that there is no possibility of achieving an agreement between the Parties, it will declare the procedure closed and draw up a document, making note of the fact that the controversy has been submitted to Conciliation without an agreement having been reached.
 

B) Arbitration.

As in the previous case, any public or private entity may submit a written request for Arbitration to the Court. The Court will send a copy of this request to the other Party. Once both Parties have consented to Arbitration by the Court, a Tribunal will be constituted by five Arbitrators appointed in accordance with the Statutes.

The Court will resolve the dispute in accordance with the applicable Law, and the norms agreed by the Parties.

Moreover, if necessary, the Court may recommend the adoption of provisional measures which it considers necessary for safeguarding the environment or rights of the Parties. Likewise, the Parties can apply to the governmental or jurisdictional institutions of the State where the source of the conflict is located in order to request the adoption of such measures.

The decision must be given in writing, containing a declaration of all the claims submitted by the Parties to the Court and will be based on the applicable Law.
 
 

C) Consultative Opinions

The Court may give Consultative Opinions in relation to any legal matter on request of any kind of entity whether public or private, national or international.

Consultative opinions are available to a citizen of any country on application to the Secretariat, unless the Party applying for the opinion requests otherwise.

Consultative Opinions may be requested of the following types:

1. Preventive - in order to ascertain whether a proposed project is compatible with Environmental Law.

 
2. Confirmatory - in order to confirm that an action has been carried out in compliance with Environmental Law.

 
3. Denunciatory - in order to enquire whether an action by another person complies with Environmental Law and if not to make that information available to the international com munity.

In the resolution of controversies or in the issuing of Consultative Opinion, the Court applies:

a) International treaties and applicable private contracts.

 

b) General rules and principles of International Environmental Law.

c) Relevant National Law, in accordance with generally accepted rules of Private Internatio nal Law

d) Any other principles, rules or standards which the Court deems relevant, including equity.

It must be noted that, should the other Party not accept the Conciliation or Arbitration procedure, it is always possible to request a Consultative Opinion if the matter has international relevance, so that a refusal of the Arbitration or the Conciliation procedure does not necessarily avoid the intervention of the Court.

ICEAC