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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.
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.
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.
Author: Christopher Napier
Publisher: Gaunt
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Author: Catherine Choquette
Publisher: Routledge
ISBN: 9781138048089
Category : Environmental mediation
Languages : en
Pages : 0
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Book Description
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.
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.
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.
Author: Chris Maser
Publisher: CRC Press
ISBN: 0429578075
Category : Law
Languages : en
Pages : 265
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Book Description
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.
Author: Chris Maser
Publisher: CRC Press
ISBN: 9781574440072
Category : Nature
Languages : en
Pages : 228
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Book Description
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.
Author: Christopher W. Moore
Publisher: Jossey-Bass
ISBN:
Category : Business & Economics
Languages : en
Pages : 384
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Book Description
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
Author: Rosemary O'Leary
Publisher: Routledge
ISBN: 1136522980
Category : Law
Languages : en
Pages : 399
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Book Description
Environmental conflict resolution has been used since 1974 and an official part of policymaking since the mid-1990s. This book describes the kinds of disputes where it has been applied and critically investigates its record and potential, drawing on political science, anthropology and more.
