Dispute settlement in the aftermath of disasters

Hill-Cawthorne, L. ORCID: https://orcid.org/0000-0002-5238-1269 (2016) Dispute settlement in the aftermath of disasters. In: Breau, S. C. and Samuel, K. L. J. (eds.) Research Handbook on Disasters and International Law. Research Handbooks in International Law. Edward Elgar, Cheltenham, pp. 501-530. ISBN 9781784717391

Abstract/Summary

This chapter explores a range of dispute settlement mechanisms (DSMs) for resolving disputes in the aftermath of disasters. It thus fills an important gap in the existing scholarship, not only offering the first in-depth assessment of the various mechanisms that might be employed to resolve future disaster-related disputes, but also considering what we can learn from past experiences here. The chapter considers a range of DSMs, looking in turn at international courts and tribunals, domestic courts and alternative dispute resolution mechanisms. These institutions are explored through seven case studies. A number of important conclusions are drawn from these case studies that should help to ensure that in future post-disaster situations the most appropriate DSMs are utilised in a way that ensures their effectiveness in resolving disaster-related disputes.