nordic journal of international law 88 (2019) 489-524 © koninklijke brill nv, leiden, 2019 | doi:10.1163/15718107-08804002 brill.com/nord NORDIC JOURNAL OF INTERNATIONAL LAW The Provisional Measures Orders in International Environmental Disputes: A Case for International Courts and Tribunals Justine Bendel Lecturer, University of Sheffield, School of Law, UK justine.bendel@gmail.com Abstract This article examines the ways in which international courts and tribunals should uti- lise their powers to prescribe provisional measures in the context of environmental disputes. The article makes the case that the system of dispute resolution has the ca- pacity to adapt to the specific needs of environmental disputes. By analysing the key features of provisional measures and extracting new judicial trends, new light is shed on two core issues: first, this article develops a theoretical framework within which provisional measures should be understood in order to achieve their aim. Second, it shows how a certain level of judicial creativity in the design of provisional measures can have implications on whether such measures can be enforced through innovative cooperation with other institutional bodies. As a result, this article argues that provi- sional measures can fill the gap of enforcement in international environmental law and become a pivotal instrument in environmental protection. Keywords environmental disputes – provisional measures of protection – prevention – international environmental protection – international dispute settlement 1 Introduction Environmental disputes are increasing in importance for international courts and tribunals, not least because of their rising numbers. Cases where harm to the environment exist are now part and parcel of the work of all international Downloaded from Brill.com11/20/2019 09:50:16AM via Universitat Wien