An Appropriate Forum, Or Fora, For Adjudication

International Environmental Conflict
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An Appropriate Forum, Or Fora, For Adjudication
Damage to the natural resources is not just a danger unto the environment alone, it is also a danger to the humans and all living organisms in the various ecosystems. The destruction of the coral reef for example, is going to affect the aquatic animals and plants on the reefs. At the same time, it is going to affect the livelihood of the people living near the coastal areas. This is ideally the case, when considering that the tides are not going to be broken as such most of the community living around the coast will have to relocate inland for their safety and that of their property. At the same time, they will have to seek other means of livelihood as most of the fish will have to find better places to lay their eggs and breed. This will implicate the fishing communities at the coast. As such, there is a compounded problem that is associated with destruction of any natural resources.
As such, it is understandable why there is conflict between Antechinus and Bandicoot, over the resources that they share. There are a number of issues that arise with reference to the conflict that has ensued between Antechinus and Bandicoot. These include, overfishing, destruction of the coral reefs using dynamite, targeted fishing creation of overlying platforms, introduction of invasive species from the trade ships, destruction of heritage sites and displacing the communities that live near the sites, relative to the tides reaching further inland as the coral reef has been destroyed.
International conflicts require that both parties are given a chance to bring to the table their grievances and the possible solutions that they feel will suffice in the situation. One of the ways to solve the international conflict between Antechinus and Bandicoot, is through the use of the platform that already exists, which is the United Nations Peace Building Commission. This is a commission that was created and enabled under the resolutions, 60/180 and 1625(2005) of the year 2005 on 20th December. Under the two resolutions, the commission is mandated to perform three main objectives. The first objective is associated with bringing together all the actors in the bid to marshal resources and provide advice on conflict resolution. The commission is also tasked with reconstruction efforts in affected areas along with offering recommendations.[United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .] [United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .]
‘To bring together all relevant actors to marshal resources and to advise on and propose integrated strategies for post-conflict peacebuilding and recovery. To focus attention on the reconstruction and institution-building efforts necessary for recovery from conflict and to support the development of integrated strategies in order to lay the foundation for sustainable development. To provide recommendations and information to improve the coordination of all relevant actors within and outside the United Nations, to develop best practices, to help to ensure predictable financing for early recovery activities and to extend the period of attention given by the international community to post-conflict recovery.’[United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .]
The general assembly and Security Council also stresses that the commission is tasked with several other functions under the resolutions; A/RES/70/262 and S/RES/2282. These are functions that are associated with bringing sustainable peace, promoting integrated, coherent and strategic initiative and convene all actors towards these initiatives.[United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .]
‘To bring sustained international attention to sustaining peace, and to provide political accompaniment and advocacy to countries affected by conflict, with their consent. To promote an integrated, strategic and coherent approach to peacebuilding, noting that security, development and human rights are closely interlinked and mutually reinforcing. To serve a bridging role among the principal organs and relevant entities of the United Nations by sharing advice on peacebuilding needs and priorities, in line with the respective competencies and responsibilities of these bodies. To serve as a platform to convene all relevant actors within and outside the United Nations, including from Member States, national authorities, United Nations missions and country teams, international, regional and sub-regional organizations, international financial institutions, civil society, women’s groups, youth organizations and, where relevant, the private sector and national human rights institutions, in order to provide recommendations and information to improve their coordination, to develop and share good practices in peacebuilding, including on institution-building, and to ensure predictable financing to peacebuilding.’[United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .]
In this case, the United Nations is going to act as a mediator in the matter. This is relative to the fact that, to start with the two countries both have interests in the resources in question. There is also the fact that, the two are conflicted over how the resources should be managed. Using the fourth function as mandated under resolutions A/RES/70/262 and S/RES/2282, United Nations Peace Building Commission will act as a platform from which the matter can be adjudicated. This is crucial as it provides a neutral ground from which the two islands can resolve their conflict. As such, using the fourth function, the UN will be in a position to offer an amicable solution that will address the concerns of the two nations and also the threats posed to the environment. This is a crucial part of the solution, especially considering that utilization of the natural resources should always be based on sustainability. This way, the current generation can use the resources without compromising the future generations.[United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .] [United Nations Peacebuilding Commission, Mandate Of The Peacebuilding Commission (2017) Un.org .]
One of the other significant approaches is the use of the International Tribunal for The Law of The Sea. This is an independent body which is judicial and established under the United Nations Convention on the Law of the Sea. Tribunal offers that chance to adjudicate the disputes which arise from the interpretation and application of the convention. Given the fact that the Tribunal has enjoyed one of the highest levels of fairness, integrity and reputation, it stands as one of the best chances of resolving the issues. It is of paramount important as mentioned above that, the mediating party is free and fair. This way, there are no chances of foul play when it comes to establishing the root causes of the conflict and establishing the best and most sustainable solution.[United Nations Convention on the Law of the Sea] [United Nations Convention on the Law of the Sea]
The convention significantly establishes the legal framework which is comprehensive enough to regulate all the ocean spaces, the resources which are found there in and the various uses that they are put to. This is a crucial aspect when it comes to establishing the way in which the ocean between Antechinus and Bandicoot should be managed. More importantly, the tribunal has the power to establish the ways in which the resources in the ocean should be used. As such, using this forum, the country has a good chance of establishing sustainable solutions to the exploitation of the fish reserves. At the same time, the tribunal will offer guidelines on the best practices of protecting the biodiversity in the ocean with reference to the fishing practices practiced between the two islands.[United Nations Convention on the Law of the Sea]
The tribunal according to the Part XV of the convention has the comprehensive system, which it can use for the settlement of disputes. There is also a provision where the states are given a chance to settle their disputes as provided for in the Chapter of the United Nations. Where that fails, the states can seek the help of the Tribunal in resolving the matter. In this case, the two islands are not in a position to resolve the dispute arising from the use of the ocean waters which they share. As such, approaching the Tribunal is legal and within the international provisions of international conflict resolutions.[United Nations Convention on the Law of the Sea] [O. W. Pedersen, "An International Environmental Court And International Legalism" (2012) 24 Journal of Environmental Law.]
There four main mechanisms that are provided for by the convention, which Antechinus can use to help settle the dispute with Bandicoot. It is possible to use either the International Court of Justice, the International Tribunal for the Law of the Sea, a special tribunal which is constituted in accordance with the eight Annex of the convention or an arbitral tribunal constituted as indicated in Annex VII to the convention. Antechinus is free to choose either of the options given above or even more using a written declaration which should be made under Article 287 of the convention. This should then be deposited with the Secretary General of the United Nations. In case Bandicoot does not agree with procedures selected above, the dispute may them be submitted to arbitration as directed under Annex VII.[United Nations Convention on the Law of the Sea.]
Whatever relevant issues of international environmental law arise from the facts; andin terms of what customary international law principles and/or what conventions they arise
Overfishing
One of the main conflicts that has come up between Antechinus and Bandicoot is associated with the fishing practices. This is a common type of conflict, especially if the two countries are sharing a water body such as, a lake, sea or even a river. One of the countries will try to take advantage of the resources while the other will be try to preserve the natural resource through sustainable exploitation of the same. In this case, it is clear that Bandicoot has been over exploiting the fish reserves in the waters that the two countries share. Much of the produce has been shipped to Europe, where there is a ready market. Relative to the high demand on the fish, Bandicoot has already shown signs of overfishing in areas and is now encroaching on Antechinus waters. According to Antechinus the fish reserves in the shared waters were at an estimated higher than 33% which is the current level. This is lower than it was before the Second World War. Antechinus observes that, there is need for the fish to be allowed to recover. This simply points to the element of sustainable use of the available resources, in this case the resources being the fish. There is also the issue encroachment, where Bandicoot, is accused of crossing over the international water boundaries and carrying out fishing activities without the written authorization from Antechinus. Environmentally, this has the profound effect of degrading the biodiversity of the marine environment. The population of the fish and the species that rely on then are going to be affected at a subtle level. Ideally, there is significant change in the level of diversity within the species, between species and in the ecosystem.