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| Author | : Lawrence S. Bacow |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 387 |
| Release | : 2013-06-29 |
| Genre | : Science |
| ISBN | : 1489922962 |
Download Environmental Dispute Resolution Book in PDF, ePub and Kindle
This book has its origins in an M.I.T. research project that was funded by the U.S. Environmental Protection Agency (EPA). Our immediate objective was to prepare a set of case studies that examined bargaining and negotiation as they occurred between government, environmental advocates, and regulatees throughout the traditional regulatory process. The project was part of a larger effort by the EPA to make environmental regulation more efficient and less litigious. The principal investigator for the research effort was Lawrence Sus skind of the Department of Urban Studies and Planning. Eight case studies were prepared under the joint supervision of Susskind and the authors of this book. Studying the negotiating behavior of parties as we worked our way through an environmental dispute proved enlightening. We observed missed oppor tunities for settlement, negotiating tactics that backfired, and strategies that ap peared to be grounded more in intuition than in thoughtful analysis. At the same time, however, we were struck by how often the parties ultimately managed to muddle through. People negotiated not out of some idealistic commitment to consensus but because they thought it better served their own interests. When some negotiations reached an impasse, people improvised mediation. These disputants succeeded in spite of legal and institutional barriers, even though few of them had a sophisticated understanding of negotiation.
| Author | : David Nicholson |
| Publisher | : BRILL |
| Total Pages | : 352 |
| Release | : 2009-01-01 |
| Genre | : History |
| ISBN | : 9004253866 |
Download Environmental Dispute Resolution in Indonesia Book in PDF, ePub and Kindle
In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes.
| Author | : Catherine Choquette |
| Publisher | : Routledge |
| Total Pages | : 224 |
| Release | : 2017-12-14 |
| Genre | : Law |
| ISBN | : 1351691740 |
Download Environmental Mediation Book in PDF, ePub and Kindle
Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.
| Author | : Ann L. MacNaughton |
| Publisher | : American Bar Association |
| Total Pages | : 454 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9781590310922 |
Download Environmental Dispute Resolution Book in PDF, ePub and Kindle
This anthology provides a treatment of environmental dispute resolution for the practitioner, along with practical guidance for those wishing to focus on particular aspects. It offers a toolkit of diagnostics, systems, strategies and methodologies proven effective in diverse substantive contexts.
| Author | : Rosemary O'Leary |
| Publisher | : Resources for the Future |
| Total Pages | : 402 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9781891853654 |
Download The Promise and Performance of Environmental Conflict Resolution Book in PDF, ePub and Kindle
Environmental conflict resolution (ECR) is a process of negotiation that allows stakeholders in a dispute to reach a mutually satisfactory agreement on their own terms. The tools of ECR, such as facilitation, mediation, and conflict assessment, suggest that it fits well with other ideas for reforming environmental policy. First used in 1974, ECR has been an official part of policymaking since the mid-1990s. This is the first book to evaluate systematically the results of these efforts. The contributions to this book critically investigate the record and potential of ECR, drawing on perspectives from political science, public administration, regional planning, philosophy, psychology, anthropology, and law.
| Author | : Gail Bingham |
| Publisher | : |
| Total Pages | : 320 |
| Release | : 1986 |
| Genre | : Law |
| ISBN | : |
Download Resolving Environmental Disputes Book in PDF, ePub and Kindle
| Author | : United States. Congress. Senate. Committee on Environment and Public Works |
| Publisher | : |
| Total Pages | : 10 |
| Release | : 1997 |
| Genre | : Dispute resolution (Law) |
| ISBN | : |
Download Environmental Policy and Conflict Resolution Act of 1997 Book in PDF, ePub and Kindle
| Author | : Pieter Glasbergen |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 208 |
| Release | : 1995-06-30 |
| Genre | : Technology & Engineering |
| ISBN | : 9780792336259 |
Download Managing Environmental Disputes Book in PDF, ePub and Kindle
The concept of sustainable development is a source of inspiration for many, who see it as a call to cooperative action. In practice, however, policies intended to further this goal often generate conflicts of interest. The ensuing disputes occur among governmental organizations, but disputes also arise between public authorities, private interest groups, and the environmental movement. In the opinion of the authors, the fact that environmental policy can provoke such conflict may be attributed largely to decision making procedures in our society. Accordingly, the authors are convinced that a new approach to managing environmental disputes is needed in order to deal effectively with environmental problems. Indeed, this book presents a viable alternative, which is called network management.
| Author | : J. Walton Blackburn |
| Publisher | : Praeger |
| Total Pages | : 330 |
| Release | : 1995-06-13 |
| Genre | : Business & Economics |
| ISBN | : |
Download Mediating Environmental Conflicts Book in PDF, ePub and Kindle
Environmental conflicts are increasing in number and intensity, demanding new approaches to dispute resolution such as environmental mediation. This book contains the expertise of 28 specialists; stresses the need for mediated dispute resolution as an alternative to litigation; calls for a communitarian approach; explores conceptual foundations and conflicts resistant to mediation; and answers How do we know what we know? Addresses training mediators; discusses special problems of small communities, value of citizen participation, and EPA regulatory negotiation; explores ethics and social justice; and considers future challenges and issues confronting theory and practice. Case studies analyze nuclear waste siting, highway design, wilderness designation, field burning, and Environmental Impact Statement development. Intended for alternative dispute resolution practitioners, scholars, and citizen environmentalists. Authors provide insights from many academic disciplines and practical experience. Reed advocates creating sustainable communities; O'Leary calls for new research; Maida contends that law and economics offer viable perspectives; and Allen prescribes mediation training. Dworkin and Jordan contribute a teaching case; Klase addresses problems in rural areas; and the Burgesses offer steps to make difficult confrontations constructive. Clary and Hornney argue that prenegotiation and negotiation are essential; Richardson describes facilitated negotiation; and Bogdonoff explains negotiated rule-making in Maine. Stephens, Stephens, and Dukes suggest that ethical considerations are due the environment; Blackford and Matunga advise sensitivity to cultural differences; Ryan demonstrates the utility of conflict management by the EPA. Wood and Guy describe how local governments can achieve consensus; and Baird, Maughan, and Nilson offer reasons mediation failed in Idaho. Mangerich and Luton describe an urban-rural conflict in Washington state, and Blackburn provides his Eclectic Theory to guide future research.
| Author | : James Crowfoot |
| Publisher | : |
| Total Pages | : 312 |
| Release | : 1990-11 |
| Genre | : Law |
| ISBN | : |
Download Environmental Disputes Book in PDF, ePub and Kindle
Environmental Disputes helps citizen groups, businesses, and governments understand how Environmental Dispute Settlement--a set of procedures for settling disputes over environmental policies without litigation--can work for them.
