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LITIGATION AND DISPUTE RESOLUTION IN TRANSNATIONAL ECOLOGICAL CONFLICTS

The role of judicial and non-judicial mechanisms

Hybrid Workshop  
Arusha, Tanzania & Online
19th-21st November 2024

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Workshop Presentation and Call for Papers

The ERC Curiae Virides Research Project hosted by the Brussels School of Governance (Vrije Universiteit Brussel (VUB)), and funded by the European Research Council (ERC) of the European Union, in collaboration with the Public Law Department of the Law & Criminology Faculty of the VUB, the International Peace Information Service (IPIS), Avocats sans Frontières, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI), the Global Network of Human Rights and the Environment (GNHRE) and the Network of African National Human Rights Institutions (NANHRI) are organising a hybrid workshop in Arusha (Tanzania) on the role of judicial and non-judicial mechanisms in solving transnational ecological conflicts. The workshop will take place on the 19th, 20th and 21st of November 2024.

Background

The growth of litigation related to climate and ecosystems’ protection (also framed in human rights terms) draws attention to the need of understanding the factors driving this development. It also underscores the need to assess the effectiveness of litigation in achieving its objectives, particularly concerning environmental justice and access to remedies for people, ecosystems and territories affected or threatened by environmental degradation.

 

The workshop will focus on transnational ecological conflicts and related litigation. These conflicts can occur at multiple scales or governance levels (from local to international and transnational), being the result of cross-border environmental impacts (such as biodiversity loss, water pollution, and global warming) or activities involving actors under multiple state and/or international jurisdictions (e.g., multinational corporations, international NGOs, or development/investment banks). 

 

A central theme of inquiry and discussion will revolve around identifying the courts and dispute resolution mechanisms that serve as forums for the tentative resolution of these conflicts. The workshop seeks to understand what kinds of mechanisms are used (judicial or non-judicial), what are their main advantages and drawbacks, as well as whether transnational litigation (bringing cases to other territorial jurisdictions) has granted effective remedies for victims who have been unable to obtain redress in the country where the harm occurred.  

Participants

We invite experts, researchers, citizens, civil society representatives, social movements and associations, and other stakeholders (including governments, development banks, companies, multistakeholder initiatives) etc. interested in assessing how ecological conflicts transform into litigation and what are the results of triggering courts. We encourage the participation of members of judicial and quasi-judicial bodies such as members of the Human Rights Commissions, National Courts, National Contact Points of the OECD, or representatives of Accountability Mechanisms. Each panelist will bring a unique perspective and expertise to the discussion, ensuring a comprehensive exploration of the topics.

Suggested Panel Themes

Theme 1

Assessing the Role of Alternative Dispute Resolution Mechanisms

In an era where transnational ecological conflicts are increasingly prevalent, non-judicial grievance mechanisms (NJGMs) and other forms of alternative dispute resolution (ADR) have emerged as vital tools for resolving disputes outside traditional court systems. These mechanisms, which include mediation, arbitration, and multistakeholder initiatives, offer flexible and relatively accessible options for stakeholders seeking to address environmental and social grievances. This panel seeks to explore the effectiveness of these mechanisms in providing justice and remedies for communities affected by environmental harm. We will examine the advantages and limitations of these mechanisms, particularly in contexts where judicial avenues may be inaccessible or ineffective. Key areas of discussion will include the legitimacy and accountability of ADR mechanisms, their capacity to address complex ecological issues, and their role in ensuring access to justice for marginalized groups. Through a comparative analysis of various ADR mechanisms and case studies, we aim to identify best practices and areas for improvement in the resolution of transnational ecological conflicts.

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Call for Papers:

We invite researchers, practitioners, and stakeholders to submit papers on topics including but not limited to:

  • Comparative studies of different ADR mechanisms in resolving transnational ecological disputes

  • Case studies highlighting the outcomes and effectiveness of ADR established by development and investment banks or by National Contact Points of the OECD, among others.

  • The role of ADR in providing access to justice for vulnerable communities

  • Evaluations of the legitimacy, accountability, and transparency of ADR mechanisms

  • Challenges and opportunities in implementing ADR in diverse socio-legal contexts

  • Analysis of the out-of-court settlements in cases of serious environmental harms

Apply to the call for Papers/ Presentations

SUBMISSION INFORMATION:

Submissions should include an abstract of no more than 300 words and a short bio of the author(s)/ presenter(s). Abstracts may relate to one of the proposed themes, or may develop other questions related to these themes. Panel proposals are welcome, in that case, the submission form should include an abstract of the panel and an abstract of each presentation. Please submit your abstracts and bios via the form below by 20th September. Accepted authors/ presenters will be notified by September 25th.

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IMPORTANT DATES:

Deadline for applications: 20th September 2024

Deadline for formal decisions on acceptance: 25th September 2024

Deadline for registrations (after acceptance): 30th September 2024

Final Programme Available: 5th October 2024

Event Date: 19th-21st November 2024

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DISCLAIMER:

The filling of this form does not guarantee the enrolment of a prospective speakers or presenters in the conference. The formal acceptance of candidates may occur on a rolling basis to expedite their ability of securing travel and accommodation arrangements in Arusha. The conference organisers charge an administrative fee of 50€* to in-person participants to help support conference costs such as venue rental, the conference materials, coffee, tea & snacks, lunches throughout the conference, and dinner on one of the days of the conference. Travel and accommodation are not covered by the fee and need to be arranged by participants.

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*Participants affiliated to an institution or organisation in a low, lower-income or upper-middle-income country may request a fee waiver. The country where the participant works determines eligibility for the reduced fee for participants in a low, lower-middle, or upper-middle-income economy according to World Bank classification 2022. If you need a fee waiver kindly indicate your requirement in the enrolment form.

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