The Legal and Institutional Framework of International Arbitration in Solving Environmental Pollution Related Disputes in Kenya: a Prospect of Adr.

Abstract

In the recent past, states have been moving towards the incorporation of International Arbitration in the settlement of environmental pollution disputes. In Kenya Article 2(5) and Article (2) (6) of the Constitution of Kenya 2010 recognizes International Law as forming part of the Laws of Kenya, further it recognizes any Treaty or Convention ratified by Kenya under the Constitution. The Same Constitution under Article 159(1) (c) recognizes ADRs and TDRMs as an alternative option in the arrival of justice in Kenya and as a remedy for the high backlog of cases in the Kenyan Courts due to the overreliance on litigation. Nevertheless, the implementation of international arbitration in environmental pollution related disputes faces a myriad of challenges majorly attributed to weaknesses in the legal and institutional framework on the implementation of international arbitration in environmental pollution disputes. Therefore, there is need to develop a strong legal system as no state can succeed without the right guiding principles and laws regulating conflict management. This study reviewed the foundation of the legal and institutional environment on the implementation of international arbitration in environmental pollution related disputes. It revealed that the current the legal and institutional framework of international arbitration and its incorporation in environmental pollution related disputes is inadequate to guarantee conflict management in environmental matters in order to aid in the attainment of environmental sustainability so as to foster the realization of sustainable development goals (SDGs) under the Kenya’s Vision 2030 A comparative analysis of the implementation of international arbitration in environmental pollution related disputes experience in Nigeria and India was undertaken to get insights on how to improve the legal and institutional environment of the implementation of international arbitration in environmental pollution related disputes in Kenya.