Policy Proposal 6: Greening Dispute Resolutions


Defining the Issue

The world is preparing for Glasgow COP 26 and the “T minus 9” years needed to reduce emissions by half relative to 2019 levels before 2030 and stated goals of being climate neutral by 2050. An element in the discussion which has been largely ignored, is how to deal with climate disputes arising from this global effort. It is not sufficient for States to make commitments to meet reduction goals. These commitments require a mechanism whereby they are objectively monitored and where not met, can be enforced. How is enforcement of State commitments realistically to be achieved? As important, how are costly disputes which will inevitably arise from Green Projects needed to meet reduction goals be managed and preferably avoided?

One can also envision a host of inflection points where issues/conflicts will overlap with many different stakeholders in the process of implementing environmental commitments within States. These include:

  • States acting to meet their Glasgow commitments by eliminating or curtailing polluting actors and old energy;
  • Investor State renewable energy projects that go wrong;
  • Public private projects to implement State commitments locally, that are late and over budget;
  • Companies pressured by stakeholders to implement environmental sustainability policies;
  • Enterprises implementing ESG commitments made to employees, shareholders and the public;
  • Financial institutions grappling with green financing;
  • NGOs seeking to enforce environmental commitments at a Government and Corporate level;
  • Communities and individuals seeking environmental justice.

Read the full Proposal here