• FIRST CHAPTER: INSTITUTION OF THE COURT
• SECOND CHAPTER: CONCILIATION
• THIRD CHAPTER: ARBITRATION
• FOURTH CHAPTER: CONSULTATIVE OPINIONS
• FINAL CLAUSES

1. A Court called "International Court of Environmental Arbitration and Conciliation" is hereby constituted.

 
2. The Court shall be composed of the signatories of these Statutes and any other Member appointed in accordance with the By-laws.

Article 2
 

1. The functions of the Court are the following:

 
1. To facilitate, by Conciliation and Arbitration the settlement of environmental disputes between States, natural or legal persons and submitted to it by agreement of the parties to the dispute ("Parties").

 
2. To give Consultative Opinions on questions of Environmental Law or on legal aspects of the use or protection of elements of the environment in any case which is of international concern, at the request of any natural or legal person, whether national or international, public or private, including States and Local Authorities ("Petitioner").

 
2. Where a doubt arises concerning the competence of the Court in a particular case submitted to it, the Court shall decide by a two-thirds majority vote whether to assume jurisdiction.

 
3. Members of the Court exercise their functions in Plenary Sessions and, depending on the requests which are submitted to the Court, either in the form of a Commission of Conciliation ("Commission"), a Tribunal of Arbitration ("Tribunal") or a Chamber for Consultative Opinions ("Chamber").

Article 3
 

1. The principal organ of the Court is the Plenary composed of all Members of the Court. It shall take decisions concerning the general policy of the Court, approve the budget, adopt the Regulations of the Court and undertake any other function entrusted to the Members of the Court by these Statutes.

 
2. A Secretary General of the Court is appointed by the Plenary of the Court for a renewable term of six years. He carries out the functions of Registrar of the Court and is head of its administration. He is assisted by an Assistant Secretary General, appointed by the Plenary of the Court, and a Secretariat. The Secretary General and the Assistant Secretary General shall undertake such other functions as are entrusted to him by these Statutes and the By-laws.

Article 4

The International Court of Environmental Arbitration and Conciliation is an association*.

Its permanent seats are in México D.F. and in San Sebastián (Spain). It can decide to establish offices in other places.

* At the present time it is registred under Mexican law.

1. Parties to a dispute defined in Art.2 (a) can initiate a procedure of Conciliation by an agreement addressed to the Secretary General. The agreement shall identify the Parties and contain the essential elements of the dispute. A Party can also request the Court to inform other Party of its intention to initiate Conciliation and ask for the assistance of the Court in order to reach an agreement on the submission of the case to Conciliation.

 
2. Not later than thirty days after the registration of the request for Conciliation, the Secretary General, after having consulted the Parties and taking into account their views and after consulting the Members of the Court, shall designate the Members of the Commission.

 
3. The Secretary General shall organise as soon as possible meetings of the Members of the Commission with the Parties. The meetings shall determine the procedure which the Commission shall follow.

Article 6
 

1. The Commission shall establish the facts and the circumstances of the dispute. Parties shall make available to the Commission all the relevant information in their possession and shall facilitate by all reasonable means the work of the Commission.

 
2. Once the Commission considers that the facts and circumstances of the dispute have been established, it shall submit to the Parties a proposal for the settlement of the dispute. Such proposal shall be discussed with the Parties either separately or in meetings with both Parties present, in accordance with the procedure agreed under article 5.

 
3. If the Parties reach an agreement resolving the dispute, the text of the agreement shall be signed by each Party and by all the Members of the Commission and shall be registered by the Secretary General.

 
4. The procedure of the Commission shall be confidential, unless agreed otherwise by the Parties. However, a short report on the case and on the solution adopted can be made public by the Secretary General, unless one of the Parties opposes it.

1. The presentation of the case, of its essential facts and the submissions of the Parties concerning the legal solutions which they request.

 
2. A formal commitment to co-operate in the settlement of the dispute by Arbitration and to execute the award given by the Tribunal or to facilitate its execution. If a State is a Party, such commitment shall include the waiver of sovereign immunity for the execution of the award, wherever such execution may take place.

Article 9
 

1. The Secretary General, after having consulted the Parties and taking into account their views and after consulting the Members of the Court, shall designate the Members of the Tribunal of Arbitration.

Each Party shall nominate two arbitrators among the Members of the Court, for approval by the Secretary General. Following such approval, the four arbitrators shall by agreement nominate a fifth Member of the Court to be President. Such nomination shall be subject to approval by the Secretary General. If there is no such agreement, the Secretary General shall designate the President of the Tribunal after consultation with the Parties. In exercising his functions under this paragraph, the Secretary General shall consult with all Members of the Court.
 
2. The Tribunal determines its rules of procedure, taking into account the Regulations of the Court. If no agreement is reached, the Regulations of the Court shall apply.

 
3. The Tribunal can order such provisional measures as it deems necessary, either on its own initiative, or at the request of one of the Parties.

Article 10

When deciding a case which is submitted to it and unless the Parties to the dispute otherwise agree, the Tribunal shall apply:

1. International treaties and Private Law contracts binding upon the Parties.

 
2. General rules and principles of International Environmental Law.

 
3. Relevant National Law in accordance with generally accepted rules of Private International Law.

 
4. Any other principles, rules or standards on which the Parties agree, including equity.

Article 11

The Tribunal takes its decisions by a majority vote. The award shall contain the reasons for the decision and shall be published, unless the Parties agree otherwise. Any Member of the Tribunal can append a separate opinion to the award.

FOURTH CHAPTER: CONSULTATIVE OPINIONS

Article 12

Subject to article 2.1 (b), the Court can adopt Consultative Opinions on legal issues relating to the environment at the written request of a Petitioner. The request shall include a detailed presentation of the case and of the legal problems involved, as well as all information necessary for a decision on its admissibility. It shall be kept confidential. Any publicity given to such a request by the Petitioner shall be a cause of non-admissibility.

Article 13
 

1. The Secretary General, after consultation with the Members of the Court, shall designate three Members of the Court who shall decide by a majority vote on the admissibility of the request. If the request is admitted, two further Members of the Court shall be designated by the Secretary General after consultation with the Petitioner, and the Members of the Court. Such five designated Members of the Court shall constitute the Chamber.

 
2. The Chamber can collect all information necessary for the performance of its functions. The Petitioner shall give full cooperation in this task.

 
3. Consultative Opinions will be adopted by the majority of the Members of the Chamber. They are not mandatory. They will be made public unless the Petitioner requests otherwise in writing.

Article 14

When drafting Consultative Opinions, the Chamber shall apply:

1. International treaties and applicable Private Law contracts.

 
2. General rules and principles of International Environmental Law.

 
3. Relevant National Law, in accordance with generally accepted rules of Private International Law.

 
4. Any other principles, rules or standards which the Chamber deems relevant, including equity.

ICEAC