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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.
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.
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.
Despite a vast amount of effort and expertise devoted to them, many environmental conflicts have remained mired in controversy, stubbornly defying resolution. Why can some environmental problems be resolved in one locale but remain contentious in another, often carrying on for decades? What is it about certain issues or the people involved that make a conflict seemingly insoluble. Making Sense of Intractable Environmental Conflicts addresses those and related questions, examining what researchers and experts in the field characterize as "intractable" disputes—intense disputes that persist over long periods of time and cannot be resolved through consensus-building efforts or by administrative, legal, or political means. The approach focuses on the "frames" parties use to define and enact the dispute—the lenses through which they interpret and understand the conflict and critical conflict dynamics. Through analysis of interviews, news media coverage, meeting transcripts, and archival data, the contributors to the book: examine the concepts of frames, framing, and reframing, and the role that framing plays in conflicts outline the essential characteristics of intractability and its major causes offer case studies of eight intractable environmental conflicts present a rich body of original interview material from affected parties set forth recommendations for intervention that can help resolve disputes Within each case chapter, the authors describe the historical development and fundamental nature of the conflict and then analyze the case from the perspective of the key frames that are integral to understanding the dynamics of the dispute. They also offer cross-case analyses of related conflicts. Conflicts examined include those over natural resource use, toxic pollutants, water quality, and growth. Specific conflicts examined are the Quincy Library Group in California; Voyageurs National Park in Minnesota; Edwards Aquifer in Texas; Doan Brook in Cleveland, Ohio; the Antidegradation Environmental Advisory Group in Ohio; Drake Chemical in Pennsylvania; Alton Park/Piney Woods in Tennessee; and three examples of growth-related conflicts along the Front Range of Colorado's Rocky Mountains.
This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
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.
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.
This book offers an intensive investigation of past and present achievements and failures in international environmental law. International Environmental Disputes is a thought-provoking examination of the world's most pressing environmental problems and the attempts to remedy them through international law. From the dumping of ash in the Danube and the disposal of waste in western Africa to the effects of the Everglades sugar industry, the work explores such topics as the role of the United Nations, the debate over sustainable development, environmental ethics, biopiracy, and radioactive material in space satellites. The book covers issues such as treaties on the ozone layer, global climate change, and the Kyoto protocol. A chapter devoted to the United States discusses the international environmental impact of its economy. Biographical sketches introduce readers to a diverse cast of characters including a New Guinea tribal elder and a Japanese TV personality.
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.