Caroline E. Foster, Global regulatory standards in environmental and health disputes: Regulatory coherence, due regard, and due diligence

• Main Author: GAO, Henry S.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Dispute Resolution and Arbitration; Environmental Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4393; https://ink.library.smu.edu.sg/context/sol_research/article/6351/viewcontent/caroline_e_foster_global_regulatory_standards_in_environmental_and_health_disputes_regulatory_coherence_due_regard_and_due_diligence_oxford_university_press_2021_371_pages__2_.pdf
• Institution: Singapore Management University

With ‘The Rise of the Regulatory State’ 1 at the beginning of the twentieth century, regulation replaced litigation as the main method of social control in the United States. Over the past few decades, more and more countries around the world started to follow the example of the United States, which led to the global expansion of the regulatory state. This in turn spurred more international disputes due to divergences in the respective regulatory standards. Theoretically speaking, global regulation might be the best solution. However, so far this not happened, partly due to the paralysis of the law-making functions of most international organizations, and partly due to the tradition of ‘constructive ambiguity’ in treaty negotiations. Thus, more and more resorts were made to the second-best option: international courts and tribunals.