Article 32

32.1.3 Advantages and disadvantages of private domestic remedies


During the drafting of the Convention, the Finnish representative in the Sixth Committee aptly observed the advantages of utilising domestic procedures at a private level, including that such procedures were ‘usually less costly; they involved individuals and companies actually engaged in the relevant activities; they provided a more effective incentive to comply with the rules; in certain cases they were faster than diplomatic channels; they led to legally binding and enforceable determinations of the relevant parties obligations; and they encouraged regional cooperation in the management of the particular watercourse system.’469

The disadvantages of equal access are that it does not guarantee a substantive standard of environmental protection and may give rise to problems in terms of language and unfamiliarity. Furthermore it does not solve the problems of the choice of law which arise in transboundary litigation.470 However, equal access to domestic remedies does not preclude access to other forums.471

469 UNGA Sixth Committee (45th Session) ‘Summary Record of the 24th (30 October 1990) UN Doc A/C.6/45/SR.24 (1990) at 13.

470 Birnie, Boyle and Redgwell, International Law and the Environment at 310.

471 Ibid.

Figure 6.3 - Legal right of non-discrimination and equal access to national remedies (Source Authors) Figure 6.3 Legal right of non-discrimination and equal access to national remedies (Source Authors)

 

Global Water Facts

.
.
global water facts
global water facts

Connect with us

Connect on facebook Connect on twitter Subscribe to rss

Supported by

WWF UN Water Law Green Cross University of Dundee IHP-HELP - Under the auspices of UNESCO