Sri Lanka has the potential to spearhead the setting up of a regional arbitration mechanism for environmental disputes, according to the Head of the Department of Public and International Law at the University of Colombo, Prof. Kokila Lankathilake Konasinghe.
Highlighting the shared challenges of cross-border air pollution and climate change in the region, Prof. Konasinghe said that a dedicated dispute resolution framework could help address these pressing issues effectively.
“We have a strong opportunity to take the lead in formulating a regional agreement. At every regional conference I attend, there is unanimous agreement on the need for such a mechanism,” she said.
Referring to periodic spikes in air pollution in Sri Lanka—often attributed to activities in India—Prof. Konasinghe called upon policymakers to consider precedents such as the Trail Smelter Arbitration (United States v. Canada) when addressing transboundary environmental concerns.
The Trail Smelter case, a landmark dispute between Canada and the United States, established the principle that while nations have the right to develop within their own borders, they must ensure their actions do not cause environmental harm to neighbouring countries.
“India has the sovereign right to pursue development projects, but it must also take responsibility for ensuring that such activities do not adversely impact its neighbours or the surrounding marine environment,” she said.
Acknowledging geopolitical complexities, Prof. Konasinghe stressed the urgency of protecting Sri Lanka’s unique and fragile ecosystems. “This is a matter we should actively pursue,” she added, calling for regional cooperation in environmental governance.
