Environmental Dispute Resolution

Environmental Dispute Resolution PDF Author: Lawrence S. Bacow
Publisher: Springer Science & Business Media
ISBN: 1489922962
Category : Science
Languages : en
Pages : 387

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Book Description
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.

Environmental Dispute Resolution

Environmental Dispute Resolution PDF Author: Lawrence S. Bacow
Publisher: Springer Science & Business Media
ISBN: 1489922962
Category : Science
Languages : en
Pages : 387

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Book Description
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.

Environmental Dispute Resolution in Indonesia

Environmental Dispute Resolution in Indonesia PDF Author: David Nicholson
Publisher: BRILL
ISBN: 9004253866
Category : History
Languages : en
Pages : 352

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Book Description
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.

Resolving Environmental Disputes

Resolving Environmental Disputes PDF Author: Gail Bingham
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 314

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Book Description


Resolving Environmental Disputes

Resolving Environmental Disputes PDF Author: Roger Sidaway
Publisher: Routledge
ISBN: 1136558462
Category : Nature
Languages : en
Pages : 320

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Book Description
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 Mediation

Environmental Mediation PDF Author: Catherine Choquette
Publisher: Routledge
ISBN: 9780367888725
Category :
Languages : en
Pages : 220

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Book Description
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.

Environmental Conflict Resolution

Environmental Conflict Resolution PDF Author: Christopher Napier
Publisher: Gaunt
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description


Managing Environmental Disputes

Managing Environmental Disputes PDF Author: Pieter Glasbergen
Publisher: Springer Science & Business Media
ISBN: 9780792336259
Category : Technology & Engineering
Languages : en
Pages : 208

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Book Description
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.

Environmental Diplomacy

Environmental Diplomacy PDF Author: Lawrence Susskind
Publisher: Oxford University Press, USA
ISBN: 0199397996
Category : Business & Economics
Languages : en
Pages : 246

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Book Description
"International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport, and numerous other planetary challenges require individual countries to adhere to international norms. Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. Authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making"--Unedited summary from book cover.

Conflict Resolution in Water Resources and Environmental Management

Conflict Resolution in Water Resources and Environmental Management PDF Author: Keith W. Hipel
Publisher: Springer
ISBN: 3319142151
Category : Science
Languages : en
Pages : 286

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Book Description
The latest developments regarding the theory and practice of effectively resolving conflict in water resources and environmental management are presented in this book by respected experts from around the globe. Water conflicts are particularly complex and challenging to solve because water and environmental issues span both the societal realm, in which people and organizations interact, and the physical world which sustains all human activities. For instance, when large-scale water diversions take place across political jurisdictions, conflicts may ensue among stakeholders within and across regions, while the water transfers may cause severe damage to sensitive ecological systems. Therefore, to arrive at realistic and fair resolutions, one must take into account not only the economics and politics of the situation but also the water quantity and quality changes that may occur within the altered hydrological system as well as the ecosystems contained therein. When the effects of climate change and the closely connected activities of energy production and usage are also considered, the complexity of the problem becomes even greater and messier. Accordingly, one must adopt an integrative and adaptive approach to water and environmental governance that specifically recognizes the conflicting value systems of stakeholders, including nature and future generations even though they are not present at the bargaining table. The 16 chapters in this leading-edge book are written by authors who presented their original research at the International Conference on Water Resources and Environment Research (ICWRER) 2013, which was held in Koblenz, Germany, from June 3rd to 7th, 2013, and subsequently submitted expanded versions of their research for review and publication in this timely book. The rich range of contributions are put into perspective in the first chapter and then categorized into four main interconnected parts: Part I: Management and EvaluationPart II: Global, Trans-boundary and International Dimensions Part III: Consensus-building, Bargaining and Negotiation Part IV: Ecological and Socio-economic Impacts

Environmental Dispute Resolution

Environmental Dispute Resolution PDF Author: Ann L. MacNaughton
Publisher: American Bar Association
ISBN: 9781590310922
Category : Law
Languages : en
Pages : 454

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Book Description
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.