ABSTRACT
Climate change is one of the greatest threats of modern society. It threatens our lives, our children’s lives, and the lives of those yet to be born. The manifestations of climate change are diverse and include severe droughts, storms, floods, locust invasions, and very warm temperatures. Climate change is a conflict multiplier. It amplifies already existing conflicts. This paper examines the conflicts and disputes that arise from the impacts of climate change and the various mechanisms for their resolution. It argues that litigation which has been traditionally used to resolve climate change conflicts has proved inadequate inter alia due to case backlogs and delays. This has created the need to embrace other forms of dispute resolution. To this end, the authors assess the appropriateness of Alternative Dispute Resolution (ADR) mechanisms in managing climate change conflicts and disputes. They argue that such mechanisms are best suited to address the needs and interests of the wide range of actors involved in such disputes, for instance, government, local communities, investors, civil society organisations, and private citizens. Lastly, they highlight opportunities presented by climate change to ADR practitioners.
Kariuki, Francis and Sebayiga, Vianney, Evaluating the Role of ADR Mechanisms in Resolving Climate Change Disputes (August 3, 2022), Alternative Dispute Resolution, volume 10, issue 3 (2022).
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