Role of domestic court and international arbitration in ensuring climate justice in Bangladesh

Role of domestic court and international arbitration in ensuring climate justice in Bangladesh

Recently, an international Arbitration Tribunal, International Centre for Settlement of Investment Disputes (ICSID), decided in favour of the ‘climate victims’ of Bangladesh against international gas extracting company, NIKO, and due to that decision, it will now be possible for the domestic courts of Bangladesh to hear the pending money suit on compensation.

In this article, the authors analyse the Niko case to evaluate the avenues available to the climate victims of Bangladesh. The authors also discuss the pros and cons of both the the national court and international arbitration.The paper looks at why international bodies, e.g., Niko, prefer arbitration as a dispute resolution mechanism rather than litigation. The authors also present  other case studies to show in which situations arbitrations are better solutions than litigation and where they are not. The call is for Bangladesh to build up a legal regime in order to have a better justice system for environment cum climate victims.

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