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Resolving Environmental Disputes

Resolving Environmental Disputes
Author: Roger Sidaway
Publisher: Routledge
Total Pages: 320
Release: 2013-06-17
Genre: Nature
ISBN: 1136558462

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Resolving Environmental Disputes presents detailed case studies from the key contemporary themes in resource management and environmental protection, such as: access to the countryside for recreation, sustainable forestry, pollution and risks to health, and coastal zone management. The book spans both theory and practice in assessing the relationship between public participation and mediation. It is structured around detailed case studies from Britain, the USA and the Netherlands, which are interspersed with chapters providing explanation and interpretation of the theoretical and practical issues involved. In reviewing the state of environmental conflict resolution, the author examines how and why conflicts occur and whether approaches to conflict resolution based on consensus building could be more widely applied.


Environmental Dispute Resolution in Indonesia

Environmental Dispute Resolution in Indonesia
Author: David Nicholson
Publisher: BRILL
Total Pages: 352
Release: 2009-01-01
Genre: History
ISBN: 9004253866

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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.


Environmental Dispute Resolution

Environmental Dispute Resolution
Author: Lawrence S. Bacow
Publisher: Springer Science & Business Media
Total Pages: 387
Release: 2013-06-29
Genre: Science
ISBN: 1489922962

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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.


Resolving Environmental Conflicts

Resolving Environmental Conflicts
Author: Chris Maser
Publisher: CRC Press
Total Pages: 234
Release: 2019-05-06
Genre: Law
ISBN: 0429578075

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Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.


Resolving Environmental Conflict Towards Sustainable Community Development

Resolving Environmental Conflict Towards Sustainable Community Development
Author: Chris Maser
Publisher: CRC Press
Total Pages: 228
Release: 1995-11-21
Genre: Nature
ISBN: 9781574440072

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One of the most important challenges facing civilization is how its natural resources will be used and protected. Too often polarization and litigation cause results with which no one is truly satisfied. Enemies are made, lines are drawn and both people and the environment are degraded. Resolving Environmental Conflict explains the transformative approach toward facilitation. It shows how to help parties empower themselves to define the issues and decide the settlement on their own terms and on their own time through better understanding of one another's perspectives. The transformative approach allows a conflict's outcome to be decided solely by the participants even though resolution may not take place for some months after facilitation is complete. Inherent in the solution is a shared vision for the community without which sustainability is not possible. Beyond shared vision, this book examines notions of development, sustainability, and community and the synergism of ecology, culture and economic needs that promote a healthy environment enriching the lives of all its inhabitants.


Environmental Dispute Resolution

Environmental Dispute Resolution
Author: Ann L. MacNaughton
Publisher: American Bar Association
Total Pages: 454
Release: 2002
Genre: Law
ISBN: 9781590310922

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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.


Finding Solutions for Environmental Conflicts

Finding Solutions for Environmental Conflicts
Author: Edward Christie
Publisher: Edward Elgar Publishing
Total Pages: 368
Release: 2008-01-01
Genre: Law
ISBN: 9781781956328

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Environmental conflicts over sustainability, EIA, biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR). This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts of environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts and will be valuable to any environmental professional. This book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is in issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will also of course strongly appeal to academics and researchers of environmental studies and environmental law. It will also appeal to the indigenous community and environmental groups who are seeking more direct and effective inputs into resolving environmental conflicts.