Dissertations / Theses: 'Environmental dispute resolution'

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McCone, D. Sean. "Dispute resolution strategies for construction projects." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/8309.

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Thesis (S.M.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2002.
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Includes bibliographical references (p. 160-167).
One of the most important, but often overlooked steps in developing a project is a plan to prevent and handle conflict, a Conflict Management Plan. Leading construction experts have identified Productivity, Innovation, Cost Control, Safety, and Litigation Expenses as critical areas in need of improvement in the construction industry of this next century. In the United States alone, $60 billion are spent every year on lawsuits, of which the construction industry accounts for nearly $5 billion. Various dispute avoidance and resolutions techniques are presented that aim to prevent disputes before they arise and minimize the impacts if they do. These techniques are the tools then used in the Conflict Management Plan. A Conflict Mitigation Plan looks at each project individually to establish a set of criteria for controlling conflicts. It assesses how much conflict you will encounter, how severe each conflict might be, then presents cost effective ways to avoid conflict and curb these disputes. Similar to the contract documents it should be complete, unbiased, understood, and accepted by all the parties involved. All of the project participants such as the owners, the owner's representatives, designers, lawyers, and contractors are responsible for designing, reviewing and revising it accordingly. No one person or field should be responsible for developing this plan. Designing a conflict mitigation plan compels the owner to contemplate the conflict that might arise. This will allow the owner to allocate these risks and develop a plan to handle discrepancies. By doing this upfront and with each subsequent review, everyone involved has agreed to follow this plan, reducing the push for lengthy, costly court proceedings. To implement a Conflict Management Plan one must assess the project situation by identifying the sources of conflict that might occur, then analyze the severity and impact each of these conflicts might have. Match the conflict with a corresponding DART, to reduce or avoid the conflict. Draft the plan. Review and revise it as needed.
by D. Sean McCone.
S.M.

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Murray, Carol Elizabeth. "Transforming environmental dispute resolution in Jasper National Park." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ39571.pdf.

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Schoeman, Petrus Johannes Arnoldus. "Alternative dispute resolution methods as a tool for the resolution of inter-governmental environmental disputes / P.J.A. Schoeman." Thesis, North-West University, 2004. http://hdl.handle.net/10394/498.

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Leung, Brian Ming-yuen. ""What is the role of ADR in the existing and future environmental dispute mechanism in Hong Kong?"." access abstract and table of contents access full-text, 2003. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b18508315a.pdf.

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Jakku, Emma, and n/a. "Murky Waters? Science, Politics and Environmental Decision-Making in the Brisbane River Dredging Dispute." Griffith University. Australian School of Environmental Studies, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20040810.131650.

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Environmental sociology and the sociology of scientific knowledge provide a strong theoretical foundation for investigating the role of science in environmental disputes. The field of environmental dispute resolution has built a body of literature, outlining the techniques and practices that underpin the successful resolution of disputes, over controversial environmental issues. However, the literature on dispute resolution has generally neglected the role of science in environmental disputes. This thesis develops a theoretical framework based on concepts from environmental sociology and the sociology of scientific knowledge in order to critically examine the role of science in environmental disputes. In particular, this thesis combines the theory on claims-making from environmental sociology with actor-network theory and the theory on boundary-work from the sociology of scientific knowledge, to analyse the way in which science was involved in the dispute over phasing out extractive dredging from the Brisbane River. Data were collected from qualitative in-depth interviews with key players in the Brisbane River dredging dispute and combined with analysis of relevant documents and newspaper articles. Each of the components of the theoretical framework developed in this thesis contributes to an in-depth analysis of the way in which science was involved in the dredging dispute. The environmental claims-making analysis examines the way in which the claim that extractive dredging was an environmental problem for the Brisbane River was constructed and contested. The actor-network analysis compares the two competing actor-networks that were developed by one of the major concrete companies and by the anti-dredging campaigners. The boundary-work analysis examines the social construction of the science / politics border as an important site of boundary-work, before exploring other related forms of boundary-work within the case study. When combined, these theories highlight the social and political processes that underpin the inherent difficulties associated with applying science to effective environmental dispute resolution. The theoretical framework developed in this thesis highlights the way in which an analysis of environmental claims-making, actor-networks and boundary-work, extends the literature on environmental dispute resolution. This thesis therefore makes a significant contribution to the field of environmental dispute resolution, by illustrating the advantages of drawing on theoretical perspectives from environmental sociology and the sociology of scientific knowledge.

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Jakku, Emma. "Murky Waters? Science, Politics and Environmental Decision-Making in the Brisbane River Dredging Dispute." Thesis, Griffith University, 2004. http://hdl.handle.net/10072/366055.

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Environmental sociology and the sociology of scientific knowledge provide a strong theoretical foundation for investigating the role of science in environmental disputes. The field of environmental dispute resolution has built a body of literature, outlining the techniques and practices that underpin the successful resolution of disputes, over controversial environmental issues. However, the literature on dispute resolution has generally neglected the role of science in environmental disputes. This thesis develops a theoretical framework based on concepts from environmental sociology and the sociology of scientific knowledge in order to critically examine the role of science in environmental disputes. In particular, this thesis combines the theory on claims-making from environmental sociology with actor-network theory and the theory on boundary-work from the sociology of scientific knowledge, to analyse the way in which science was involved in the dispute over phasing out extractive dredging from the Brisbane River. Data were collected from qualitative in-depth interviews with key players in the Brisbane River dredging dispute and combined with analysis of relevant documents and newspaper articles. Each of the components of the theoretical framework developed in this thesis contributes to an in-depth analysis of the way in which science was involved in the dredging dispute. The environmental claims-making analysis examines the way in which the claim that extractive dredging was an environmental problem for the Brisbane River was constructed and contested. The actor-network analysis compares the two competing actor-networks that were developed by one of the major concrete companies and by the anti-dredging campaigners. The boundary-work analysis examines the social construction of the science / politics border as an important site of boundary-work, before exploring other related forms of boundary-work within the case study. When combined, these theories highlight the social and political processes that underpin the inherent difficulties associated with applying science to effective environmental dispute resolution. The theoretical framework developed in this thesis highlights the way in which an analysis of environmental claims-making, actor-networks and boundary-work, extends the literature on environmental dispute resolution. This thesis therefore makes a significant contribution to the field of environmental dispute resolution, by illustrating the advantages of drawing on theoretical perspectives from environmental sociology and the sociology of scientific knowledge.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Australian School of Environmental Studies
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Harris, Katharine. "Dispute resolution to help prevent or resolve groundwater conflict in rural southwestern Ontario." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0030/MQ27352.pdf.

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Mirindo, Frank. "Environmental Dispute Resolution in Tanzania and South Africa: A Comparative Assessment in the Light of International Best Practice." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9222_1263173869.

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This research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes.

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Kennedy, James F. (James Francis). "Computer supported negotiation and dispute resolution in the large scale civil engineering and construction domain." Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/10739.

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Borrie, N. C. "An evaluation of the use of mediation in environmental dispute resolution under s.268 of the Resource Management Act 1991." Lincoln University, 2002. http://hdl.handle.net/10182/2118.

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Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.

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Sosa, Carlos E. (Carlos Ernique) 1966. "State of the art review of methodologies for dispute avoidance and resolution in large scale engineering systems." Thesis, Massachusetts Institute of Technology, 1999. http://hdl.handle.net/1721.1/80179.

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Majidi, Naz E. (Naz Emilie) 1979. "Evaluation framework of construction alternative dispute resolution methods through an integrated model of real options, probabilistic analysis and system dynamics." Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/85384.

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Shortall-Page, Lisa Claire. "Towards a modern role for the tort system in environmental law : can alternative dispute resolution processes improve access to environmental justice in the tort system?" Thesis, University of Birmingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368650.

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Koller, David. "A Solution Under Pressure: Integrating Facilitative Practices into Water-Related Civil Litigations." Thesis, University of Oregon, 2017. http://hdl.handle.net/1794/22745.

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The broad scope of this research concerns the field of conflict and dispute resolution, also referred to as alternative dispute resolution (ADR). ADR practices have developed in both executive and judicial branches of government since the early 1900’s. The goal of this paper is to evaluate how ADR practitioners working in water-related civil litigation can apply facilitative practices prior, during, and after the proceeding to reduce harm, cost, and time of litigation and increase the overall satisfaction of the parties when the proceeding has been resolved. To achieve this goal, a framework is constructed and applied to a case study in Cascade Locks, Oregon. This framework is not a way to avoid a court proceeding through use of alternative dispute resolution; instead this paper seeks to add facilitative practices to a civil litigation process to make the entire process more efficient to the parties and effective in resolving the dispute.

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Miller, Brian L. (Brian Lindsay) Carleton University Dissertation Geography. "Understanding the role of environmental dispute resolution in the planning of national parks in Canada; a case study in the formation of South Moresby National Park Reserve." Ottawa, 1992.

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White, Joanna Elizabeth. "Renewable Energy Zoning: Cutting Green Tape While Improving Ecological Outcomes for Renewable Energy Projects." ScholarWorks @ UVM, 2014. http://scholarworks.uvm.edu/graddis/284.

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Climate change creates an imperative to develop renewable energy infrastructure, and the state of Vermont has committed to developing new renewables. However, renewables pose significant threats to natural systems because of the dramatic changes to ecosystems that occur with development. Public outcry over new developments and dissatisfaction with the current process used for siting indicate that the old regulatory process may be outdated. This thesis seeks to bridge the divide between ecology and law in renewable energy infrastructure siting. Using the state of Vermont as a case study, it suggests a new, proactive energy planning process that would use spatial analysis and public involvement to bring experts and citizens together to evaluate difficult tradeoffs and make hard choices about where to site renewables. In this thesis I use content analysis to determine which issues are important to stakeholders involved in the debate about energy siting. I then develop spatial analysis of Chittenden County to examine four metrics important to siting: generating potential, carbon storage, viewshed, and biodiversity. This spatial analysis could be applied by policy makers to evaluate tradeoffs among these four metrics. Finally, I propose a new regulatory siting process that would use stakeholder engagement and proactive planning to create "Renewable Energy Zones" where development could be fast-tracked while safeguards are in place to protect important natural resources and the public interest. A better understanding of public concern, landscape-scale spatial modeling of ecosystem services, and a new proactive energy planning process could pave the way for a more effective siting process that allows for rapid development of renewables to combat climate change and includes local voices.

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Holznagel, Bernd. "Environmental mediation and negotiation : new approaches to the resolution of environmental disputes." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65372.

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Haraway, William M. "Internal dispute resolution : the legal environment of complex public organizations /." Diss., This resource online, 1999. http://scholar.lib.vt.edu/theses/available/etd-02272007-092417/.

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Melton, Tamara Lim. "Cultivating Collaborative Partnerships in Natural Resource Conservation: Lessons Learned from the Big Darby." Ohio : Ohio University, 2003. http://www.ohiolink.edu/etd/view.cgi?ohiou1059425328.

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Darby, Jonathan Michael. "The role of adjudication in the resolution of international environmental disputes and the development of international environment law." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607996.

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Williams, Paul Robert. "International law and the resolution of Central and East European transboundary environmental disputes." Thesis, University of Cambridge, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.625033.

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Ly, Jennifer K. "Coastal change analysis of Lovells Island using high resolution ground based LiDAR imagery." Thesis, University of Massachusetts Boston, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1566549.

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Many methods have been employed to study coastline change. These methods range from historical map analysis to GPS surveys to modern airborne LiDAR and satellite imagery. These previously used methods can be time consuming, labor intensive, and expensive and have varying degrees of accuracy and temporal coverage. Additionally, it is often difficult to apply such techniques in direct response to an isolated event within an appropriate temporal framework. Here we utilize a new ground based Canopy Biomass LiDAR (CBL) system built at The University of Massachusetts Boston (in collaboration with the Rochester Institute of Technology) in order to identify and analyze coastal change on Lovells Island, Boston Harbor. Surveys of a bluff developing in an eroding drumlin and beach cusps on a high-energy cobble beach on Lovells Island were conducted in June, September and December of 2013. At each site for each survey, the CBL was set up and multiple scans of each feature were taken on a predetermined transect that was established parallel to the high-water mark at distances relative to the scale of the bluff and cusps. The scans from each feature were compiled, integrated and visualized using Meshlab. Results from our surveys indicate that the highly portable and easy to deploy CBL system produces images of exceptional clarity, with the capacity to resolve small-scale changes to coastal features and systems. The CBL, while still under development (and coastal surveying protocols with it are just being established), appears to be an ideal tool for analyzing coastal geological features and is anticipated to prove to be a useful tool for the observation and analysis of coastal change. Furthermore, there is significant potential for utilizing the low cost ultra-portable CBL in frequent deployments to develop small-scale erosion rate and sediment budget analyses.

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Horton, Lindsey B. "High-Resolution Environmental Magnetic Properties and Relative Geomagnetic Paleointensity of IODP Expedition 339 (Site U1389)." Thesis, University of Louisiana at Lafayette, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10250510.

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The Mediterranean Outflow Expedition, which concluded in early 2012, provides an outstanding opportunity to address paleoceanographic questions about the evolution of the Mediterranean and North Atlantic climate system over the past six million years. The expedition recovered over 6 km of sediments. This provides an excellent archive for the study of paleoclimatic, paleoceanographic, and other paleoenvironmental changes and will also provide chronostratigraphic, plate tectonic, and geomagnetic constraints. Results are presented from the upper part of Site U1389 (36 25.515’N; 7 16.683’W), which is located approximately 90 km west of the Spanish city of Cadiz, in a water depth of 644 mbsl. This site is located in the “channels and ridges” sector of the larger Cádiz Contourite Depositional System (CDS). The sedimentary section extends for 990 m from the early Pliocene to Holocene and is represented by a thick, rapidly accumulated, and very uniform series of contouritic sediment. Paleomagnetic and rock magnetic measurements were carried out at 1-cm resolution on 36 m of U-channel samples from the composite stratigraphic section with the goal of extracting a high-resolution record of the magnetostratigraphy, the relative geomagnetic paleointensity, and the variability of the paleoenvironmental conditions. Step-wise demagnetization of the natural remanent magnetization yielded a well-defined interval over a portion of the Holocene with the deepest part of the section being younger than 60 ka. Sediment ages were determined by using an age model based on proprietary oxygen isotope data from Francisco J. Sierro. Interpolation of the age model shows sedimentation rates averaging near 70 cm/kyr. A relative paleointensity record was extracted by normalizing the NRM by ARM. These results along with the lack of power in the Milankovitch frequencies in the spectral analysis of the NRM/ARM and NRM/k signals support the interpretation that the RPI record is not influenced by environmental factors and accurately represents changes in global-scale paleomagnetic field intensity. Interpretation of the environmental records indicates cyclic warming and cooling, as that correlates well with sapropels, finer grains and warmer climate, and Heinrich Events, coarser grained IRD and cooling climate.

The comparison of IODP U1389 to proven records of GLOPIS reveals a high fidelity with few discrepancies and due to the locality of the site, proves the reliability of the RPI records. All usual criteria for paleointensity studies suggest that the upper portion of Site U1389 yielded a reliable high-resolution record of relative paleointensity, which provides a vital basis for global correlations of future studies.

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Telli, Isadora Postal. "Investimento estrangeiro e meio ambiente: uma análise sobre o tratamento das questões ambientais suscitadas nos casos decididos pelo ICSID entre 2000-2013." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-08122015-144246/.

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O novo contexto do Direito Internacional tem buscado acomodar interesses econômicos às exigências de proteção ambiental, em linha com o desenvolvimento sustentável. Nesse particular, o investimento estrangeiro é elemento-chave e contribui para a aproximação entre Direito Internacional do Investimento Estrangeiro e Direito Internacional Ambiental, tanto em relação à elaboração de normas substantivas quanto aos processos de adjudicação. Embora já existam diversos trabalhos voltados a demonstrar como os investimentos estrangeiros podem contribuir com a preservação ambiental, pouco se tem escrito sobre os aspectos mais práticos dessa interação. Durante muito tempo, o caráter vago e impreciso da redação dos tratados ambientais dificultava sua aplicação às operações dos investidores. Contudo, a crescente consciência de parcela significativa da população mundial sobre a proteção ao meio ambiente está dando vida a cláusulas com conteúdo ambiental até então dormentes. Nesse contexto, o objetivo do presente trabalho é analisar empiricamente qual o tratamento concedido às questões ambientais suscitadas nos casos decididos pelos tribunais do Centro Internacional para Resolução de Disputas de Investimento (International Centre for Settlement of Investment Disputes), o ICSID, no período entre 2000-2013. Para tanto, a pesquisa foi dividida em três partes. A primeira parte é dedicada ao contexto histórico que permitiu a aproximação entre Direito Internacional do Investimento Estrangeiro e do Direito Ambiental Internacional. Na segunda parte o ICSID é apresentado, de modo a compreender sua organização e funcionamento e, principalmente, de que forma as questões ambientais podem ser suscitadas no âmbito das disputas de investimento. E, por fim, os resultados obtidos a partir da pesquisa empírica das decisões proferidas pelos tribunais do ICSID são apresentados, sistematizando os argumentos apresentados pelas partes, bem como aqueles utilizados pelos tribunais ao decidir os litígios de investimento compreendendo a matéria ambiental.
The new context of International Law pursues the accommodation of economic interests to the needs of environmental protection, in line with the sustainable development. To that particular, the foreign investment is a key element and contributes to a closer relation between the Foreign Investment International Law and the Environmental International Law, inasmuch as in relation to the enactment of substantive laws, as towards to enforcement procedures. Although there are several studies aiming at demonstrating how foreign investments may contribute to the environmental protection, few has been written about the most practical aspects of such interaction. For a long time, the vague and imprecise character of the provisions in environmental treaties turn harder their enforcement towards the investment transactions. However, the growth in conscience on environment protection of a substantial portion of the world population has given life to clauses with environmental content that were dormant until recently. In this context, the objective of this study is to make an empiric analysis on the treatment granted to environmental matters raised in cases decided by the tribunals of the International Centre for Settlement of Investment Disputes, the ICSID, in the period between 2000 and 2013. For that, this research is divided in three parts. The first one is dedicated to the historical context that allowed the approximation between Foreign Investment International Law and Environmental International Law. In the second part the ICSID is presented, to allow a better comprehension of its organization and functioning and, mainly, the forms in which environmental matters can be raised within the scope of investment disputes. And, finally, the results obtained with the empiric research on the decisions enacted by the ICSID tribunals are presented, with a systematization of the arguments used by the involved parties, as well as the arguments adopted by the tribunals to decide the investment disputes comprising environmental matters.

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Yu, Shuoe-Yien. "Environmental dispute and mediated bargaining in Taiwan." 2001. http://catalog.hathitrust.org/api/volumes/oclc/51853077.html.

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Peng, Chuen Ling, and 彭春翎. "Well-being: Exploring the Dispute and Resolution of Environmental Economic Theory." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/9329un.

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博士
國立中央大學
哲學研究所
104
This paper intents to break through the bottleneck in philosophy by Environmental Economic Theory. Although liberalism and communitarianism had promulgated excellent treatises about Well-being, there are apparently some issues have to be revised. The way to resolve is revising life attitude himself and practing matter solution by the position of amend Anthropocentrism. The major task is exploring the origin of environmental impetus of Environmental Ethics. Leopold considered that love environment through admire good can cradling it. However, the way to start up love is the wisdom of ancient China and resolve matter by Intuitionism, then the emergence theory is the brilliant method of solution. Except review the interrelated academic research, literature mutual consult, signification-disclosed method and intermediate connections are the method of research. Not to establish some kind of competition theory, eliminate the conflicts of positive value during our life by Environmental Ethics value orientation of the root cause of the inquiry as a problem solving approach. Introspect and reflect that basis of Environmental Ethics which is the most important to overall harmonious relationship between man and nature. It was found during the process of exploration. All scholars of Environmental Economic theory which try hard in pursuit of quality of life have tried to find out the prokinetic of individual practice and introspecting from the root cause of Environmental Ethics, Environmental Aesthetics and Environmental Economic. Finally, encouraging individuals to change excessive consumption lifestyle on concrete actions then who can admires the great beauty in the world.

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Kasai, Erika. "Public participation in Canadian environmental decision-making : form without function?" Thesis, 2000. http://hdl.handle.net/2429/10439.

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The purpose of this thesis is to critically examine elements of public participation in environmental decision-making and to propose that public participation processes may be made more meaningful through the provision of comprehensive and flexible procedural mechanisms coupled with a true ability to affect the outcome of the process, rather than through simply granting more rights. Over the years, natural resources management has grown as a response to ecological concerns over the state and future of our environment. The law too, has developed to accommodate environmental concerns and define legal rights and procedures. Public participation becomes a vehicle for ensuring that affected interests are taken into account in environmental decision-making. In Chapter 1, the established and traditional means of involving the public in environmental decision-making such as litigation and public hearings are examined; however, they have been characterized as too restrictive, not only in terms of the parties who are included, but also the issues. Furthermore, agency administration of complex resource management issues has fuelled public discontent, as many groups understand it is an inherently political process and doubt its legitimacy. In exploring this phenomenon, this paper is first placed in a theoretical context, drawing upon ecological, legal, and ethical philosophies. However, it is also informed by the perspectives of local environmental groups and residents. The turn to other techniques, or Alternative Dispute Resolution, may seem a logical and appropriate evolution, suggesting ways for all affected parties to be involved. Chapter 2 reviews different forms of Alternative Dispute Resolution which provide some principles about the use of mediation and agreements to supplement the regulatory processes of resource management. It is important to consider the mediation process itself, the desire to remedy what is considered to be the failings of the traditional adversarial system, the psychological dynamics of the process, and the parameters for successful negotiations leading to implementation. Chapter 3 commences with an analysis of the legal context of public participation in British Columbia. It determines the discretionary authority of the administrative agencies, and the formal window of opportunity for public input, under the (federal) Canadian Environmental Assessment Act and the (provincial) British Columbia Environmental Assessment Act. This chapter also discusses an additional and interesting vehicle for public participation, although not yet implemented in British Columbia - the Environmental Bill of Rights. Chapter 4 provides a more concrete setting for the use of public participation processes, through the use of a case study - the British Columbia Transit Sky Train Extension Project. The "NIMBY", or "Not In My Backyard" scenario involved has the potential to facilitate negotiation; however, real inroads will be made through improving existing legal avenues of participation such as consultation. In fact, this key concern has been the sore point with respect to the Sky Train Project for many residents of Vancouver. In conclusion, the utility of public participation processes expressed in environmental legislation is reliant not only upon the ability of the law to be flexible enough to serve the various natural resource interests of all stakeholders, but also to be conducted in a manner that is inclusory and substantive.

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Kavela, L. T. T. "Developing a land information systems (LIS) application for communal land dispute resolution : a case study of the Oshana Communal Land Board." Thesis, 2005. http://hdl.handle.net/10413/3437.

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The issue of land recording and keeping in the Communal Area of Namibia has been a severe dilemma to the Government. Various types of land disputes are on increase and continue to be predominant despite various Acts, Policies and other related Legislations on the Land Administration and Management passed by Namibian Parliament. Since the establishment of the Oshana Communal Land Board, effort was made to keep conventional records of information pertaining to land parcels in communal areas of Oshana Region. However, spatial information about the land ownership records is still not available in a well-designed and organised system. The non-existence of Land Information Management (LIM) System using Land Information Systems (LIS) application as management tool contributed to this problem. However, Oshana Communal Land Board used manual based system with incomplete coverage and less comprehensive information. In most cases decision makers have to make critical decisions based on little or no information. Therefore, LIM System and data sharing are the major features of the OSHCLB and in order to facilitate these processes there is a need for the introduction of LIS application. Adequate land information is crucial to sustainable development and sound information systems are of vital importance to land management systems. This is also been expressed in the various reports including the Operational Manual for Communal Land Board in Namibia. The user needs and requirements were carefully considered during the data collection stage. The system was designed using proven methodologies, which were explained and reasons for the choice is discussed. However, the detailed LIS applications can be pursued by other researchers or consultants in the future to make the system complete.
Thesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.

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Monteiro, Ana Lídia Silva Mello. "Os métodos alternativos de resolução de disputas para uma tutela ambiental efetiva." Master's thesis, 2020. http://hdl.handle.net/1822/74349.

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Dissertação de mestrado em Direito Administrativo (área de especialização em Justiça Administrativa)
A presente Dissertação está inserida na Linha de Pesquisa Direito e Jurisdição e de Direito Administrativo, e tem por finalidade analisar as possibilidades, condições e limites da utilização dos métodos alternativos de resolução de disputas (ADR) para o alcance de maior efetividade no âmbito da tutela coletiva ambiental no contexto jurídico brasileiro. Identifica-se como problema da pesquisa a inadequação da solução adjudicada das disputas em torno do meio ambiente para equacionar todos os problemas que decorrem de tais conflitos complexos e abrangentes. As hipóteses propostas ao enfrentamento do problema são no sentido de que a utilização dos métodos alternativos de resolução de disputas é meio idôneo ao alcance de maior efetividade na tutela coletiva em matéria ambiental, devendo, por outro lado, utilizar-se desses métodos de forma cautelosa e condicionada, respeitando-se a complexidade dos conflitos e a natureza indisponível dos direitos envolvidos. A pesquisa foi desenvolvida a partir de revisão bibliográfica, análise da legislação brasileira e portuguesa e outras normas regulamentares e internacionais, entendimentos jurisprudenciais, dados estatísticos do Conselho Nacional de Justiça e informações veiculadas na imprensa eletrônica. Na fase de investigação, utilizou-se o método indutivo; na fase de Tratamento dos Dados, trabalhou-se com o método cartesiano, e; no resultado das análises, constante do Relatório da Pesquisa, o método empregado foi o indutivo. Após a pesquisa, verificou-se que, à luz do ordenamento brasileiro, no qual se estabeleceu uma ordem pública ambiental, a utilização dos ADR na tutela coletiva ambiental é capaz de proporcionar maior efetividade na proteção dos direitos transindividuais relativos ao meio ambiente. Os métodos de viés consensual, especialmente, mostram-se como caminhos adicionais para a obtenção da tutela ambiental efetiva, juntamente com as vias do comando-e-controle e dos mecanismos tradicionais do microssistema da tutela coletiva. Numa análise comparativa do ordenamento português, tal conclusão foi também obtida, guardadas diferenças pontuais. As práticas europeia e portuguesa, outrossim, indicam haver experiências positivas com a aplicação dos ADR em casos de conflitos relacionados ao meio ambiente. Destarte, os meios consensuais de resolução de disputas - notadamente o método da mediação - podem proporcionar a construção da resolução dos conflitos ambientais superando os óbices da complexidade, amplitude e interdisciplinariedade desses bens e direitos, do formalismo excessivo das regras processuais e da postura adversarial das partes envolvidas. Obtempera-se, contudo, que sua utilização deve observar as peculiaridades inerentes ao caráter complexo, difuso e indisponível do meio ambiente, não cabendo renúncia a direitos ou violação da legalidade.
This Dissertation is inserted in the Research Line Law and Jurisdiction and Administrative Law, and aims to analyze the possibilities, conditions and limits of the use of alternative dispute resolution methods (ADR) to achieve greater effectiveness in the scope of collective tutelage in the Brazilian legal context. It is identified as research problem the inadequacy of the adjudicated solution of the disputes over the environment to solve all the problems that result from such complex and wide-ranging conflicts. The hypotheses proposed to face the problem are in the sense that the use of alternative methods of dispute resolution is a suitable means to achieve greater effectiveness in collective protection in environmental matters, although, on the other hand, these methods should be used cautiously and conditioned, respecting the complexity of the conflicts and the unavailable nature of the rights involved. The research was developed from a bibliographic review, analysis of Brazilian and Portuguese legislation and other regulatory and international standards, jurisprudential understandings, statistical data from the National Council of Justice and information published in the electronic press. In the investigation phase, the inductive method was used; in the Data Treatment phase, the Cartesian method was used, and; in the result of the analyzes, contained in the Research Report, the method used was the inductive one. After the research, it was found that, in the light of the Brazilian law, in which an environmental public order was established, the use of ADR in collective environmental protection is able to provide greater effectiveness in the protection of transindividual rights related to the environment. Consensual methods, especially, show themselves as additional ways to obtain effective environmental protection, along with the command-and-control pathways and the traditional mechanisms of the collective protection microsystem. In a comparative analysis of the Portuguese system, such a conclusion was also obtained, keeping specific differences. European and Portuguese practices, on the other hand, indicate positive experiences with the application of ADR in cases of conflicts related to the environment. Thus, the consensual means of resolving disputes - notably the mediation method - can provide the construction of the resolution of environmental conflicts overcoming the obstacles of the complexity, breadth and interdisciplinarity of these goods and rights, the excessive formalism of the procedural rules and the adversarial stance of the related parties. However, it has been obeyed that its use must observe the peculiarities inherent to the complex, diffuse and unavailable character of the environment, with no waiver of rights or violation of legality.

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Sewell, Kirsty. "The role of non-governmental organizations in the articulation and enhancement of participatory rights in environmental decision-making as evidenced in the process leading up to and after MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2." Thesis, 2015. http://hdl.handle.net/1828/6071.

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This thesis used case study research methods to examine the role played by Non-Governmental Organizations (NGOs) and the methods they use to increase public participation in environmental matters. It does this by investigating the process leading up to and following a Supreme Court of Canada (SCC) decision, that of MiningWatch Canada v. Canada (Fisheries and Oceans) (2010 SCC 2). Specifically, the strategies and methods used by NGOs in this study and their impact on public participation during and in the aftermath of the decision are examined. The primary research question is: what is the impact of NGOs on participatory politics as seen in the SCC decision, MiningWatch Canada v. Canada? Other research questions examined are: what role have NGOs had in increasing participation in environmental decision-making, and: how do NGOs increase public participation in environmental decision-making? Three main groups of strategies are used by the NGOs: “Legal”, “Challenge or Inform Government”, and “Creating an Emotional Response in an Audience.” Strategies common to all NGOs in this study were: “Increase Knowledge” by “Networking,” “Working with Communities at a Grass Roots Level” and “Publications and Reports”. The argument this thesis presents is that democracy is a dynamic process and various strategies can be used to influence participation in environmental decision-making. Specifically, groups of citizens can form in response to an issue, raise public awareness and encourage legislation and policy changes in the search for social progress; in this case, increase public participation in matters involving the environment.
Graduate
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kirstye99@gmail.com

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Hwa, Li Kang, and 李康華. "Establishing the Environmental Disputes Resolution System of Petrochemical Industries of the Republic of China ---- Policy Stakeholders Analysis." Thesis, 1993. http://ndltd.ncl.edu.tw/handle/11588745259456715677.

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Modimoeng, Keabetswe. "The effects of corporate social responsibility on community dispute resolutions in the South African mining sector." Thesis, 2017. http://hdl.handle.net/10321/2610.

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Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy: Business Administration, Durban University of Technology, Durban, South Africa, 2017.
The South African mining sector has over the years been perceived to be exploitative and not responsive to the investment interest of immediate stakeholders where they extract (local communities and labour). The perception of non-investment has resulted in amongst others, extensive community and labour unrests leading up to mass killings of mine workers at Marikana by the South African Police. The South African government has enacted policies to guide Corporate Social Responsibility (CSR) for the sector but the historic problems associated with this sector persists. As a result of community concerns around mining CSR, communities are mobilising around civic organisations, with the aim of brining the mining sector to account and fostering community development in their localities. This research explores and analyses if the mining sector adheres to CSR in their ventures and how communities perceive the sector’s activities and CSR approaches. The epistemological foundations of this research are mainly positivist adopting theoretical assumptions of the stakeholder theory. The research methods are however those of mixed methods – quantitative sequential qualitative methods. The subsequent research designs are a survey in the quantitative methods and exploratory interviews in the qualitative methods. Data was gathered using a survey questionnaire in the quantitative methods and recorded phenomenological interviews in the qualitative methods. Data was gathered from a sample of 200 community members in the two sampled mining areas of Marikana (100) and Carletonville (100). The former is a platinum belt and the latter is an old gold mining area. To augment quantitative data from the field survey sequential qualitative data was collected through semi-structured interviews (phenomenological interviews) with mining company executives, government leaders, trade unions leadership as well as community members in Makhado and Tshikondeni mining sites. The researcher encountered various limitations including travels to remote areas with lengthy distances on gravel roads, and respondents’ “over-researched” attitudes especially in Marikana and Makhado. The findings suggest that the mine workers’ location, living and working conditions influence their understanding and therefore definition of CSR. Although numerous CSR definitions emerged in the case of Marikana CSR was equated to basic service provision similar to those provided for by the municipality like houses, schools, roads and clinics. In the case of Carletonville which is a well-developed mining town, CSR meant skills development, local enterprise development and provision of bursaries. It emerged that the majority of community members are not aware of the CSR programmes implemented in their localities. Respondents further cited collusive corrupt activities between the mining companies, traditional authorities and municipal leadership as the main deterrent to CSR and to local economic development. Overall findings suggest that the mining sector is adherent to CSR legislation at the minimal level but this does not meet the needs and expectations of community members. The mismatch between community expectations and their understanding of CSR does not align with government policy on CSR requirement of the mining sector. The study recommends, among others, that bold and decisive government enforcement of penalties, which include consistent revoking of mining licences for non-CSR compliance by mining companies. The thesis also highlights the implications for managers as the rise of civic organisations propels a new engagement approach between mining companies and communities. This new approach would have inherent challenges such as delays in reaching consensus and exposing mining companies to internal community politics. Additionally, the study recommends future research be focused on evaluating constitutional powers of traditional leaders in relation to community interests in mining CSR. Furthermore, research could be conducted to establish previous compliance records on post-mining social commitments and environmental rehabilitation of mining companies in South Africa. This thesis brings to the fore, an illustration of the emergent bargaining power communities has and how it compels mining corporates to engage with communities more consultatively. Failure to do so, result in situations such as Coal of Africa impasse in the Makhado area where losses amounting to billions of Rands are incurred.
D

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Silva, Alessandra Vick Coelho da. "Mediação ambiental." Master's thesis, 2017. http://hdl.handle.net/10316/81108.

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Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
The present study has as its purpose to elucidate the advantages and possibilities on the application of mediation as a way of dispute resolutions on the environmental sphere. The first chapter points Alternative Dispute Resolutions and the right to have access to justice, the elements on mediation and its distinction with other ways of dispute resolutions. The second chapter studies the characterizing principles of mediation and its relevance on environmental theme, its advantages (flexibility, promptitude and reduced costs, mutual gain, maximization of public and private interests, empowerment of the parties, dispute resolutions by constructive dialogue, appreciation and participation of all involved, creativity and possibilities on agreement, relationship preservation among the parties and social pacification) and disadvantages on environmental mediation, as well as the phases of this procedure. The third chapter highlights the characteristics on environmental disputes (multilateral conflicts, interests – public and private, present and future – technicity and scientificity, urgency of the theme, uncertainty context, transnational and global character) and verifies the adequacy of mediation on the environmental theme facing the criticism and presenting proposals that encourage the use of this instrument. In conclusion, practical cases are shown (Environmental Conflict Resolution and the MARGov Project), along with legislatives modifications suggestion required to the implementation of the Environmental Mediation’s Public System, the need for monitoring and the implementation of the mediate agreements, foundation of Environmental Mediation Center, Multi-door Courthouse, Environmental Mediation Centers and Permanent Technical Commission. The objective is to create conditions to the development and application of environmental mediation as specialized instrument, simple, safe, prompt and effective on environmental dispute resolution.
Este trabalho tem por finalidade esclarecer as vantagens e possibilidades de utilização da mediação como meio de resolução de conflitos na esfera ambiental. No primeiro capítulo, apontam-se os Meios Alternativos de Resolução de Conflitos e o direito de acesso à justiça, os elementos da mediação e sua distinção com os outros meios de resolução de conflitos. No segundo capítulo, estudam-se os princípios caracterizadores da mediação e sua aplicabilidade em matéria ambiental, as vantagens (flexibilidade, celeridade e custos reduzidos, ganho mútuo, maximização de interesses públicos e privados, empoderamento das partes, resolução dos conflitos por meio do diálogo construtivo, valorização e participação de todos os interessados, criatividade e possibilidades do acordo, preservação do relacionamento entre as partes e a pacificação social) e desvantagens da mediação ambiental, bem como as fases desse procedimento. No terceiro capítulo, destacam-se as características dos conflitos ambientais (conflitos multilaterais, interesses – públicos e privados, atuais e futuros – tecnicidade e cientificidade, urgência da matéria, contexto de incerteza, caráter transnacional e global) e verifica-se a adequação da mediação na seara ambiental, enfrentando as críticas e apresentando propostas que incentivem a utilização deste instrumento. Por fim, apresentam-se casos práticos (Environmental Conflict Resolution e o Projeto MARGov), bem como a sugestão de alterações legislativas necessárias para a implantação do Sistema Público de Mediação Ambiental, a necessidade de monitoramento e acompanhamento da implementação dos acordos mediados, criação de Câmaras de Mediação Ambiental, Tribunal Multiportas, Núcleos de Mediação Ambiental e Comissão Técnica Permanente. Tudo com o objetivo de criar condições para o desenvolvimento e aplicação da mediação ambiental, como instrumento especializado, simples, seguro, célere e eficaz na resolução dos conflitos ambientais.

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"High-resolution architectural evolution of depositional elements in deep-marine slope environments: The Quaternary Niger Delta slope, Quaternary southwest Grand Banks slope, Canada, and Cretaceous Tres Pasos Formation, Chile." STANFORD UNIVERSITY, 2009. http://pqdtopen.proquest.com/#viewpdf?dispub=3351485.

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Rancier, Racquel. "Assessing tribal water rights settlements as a means for resolving disputes over instream flow claims : a comparative case approach." Thesis, 2012. http://hdl.handle.net/1957/29495.

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Tribal water rights and instream flows for species listed under the Endangered Species Act (ESA) have been a source of tensions in the western United States, particularly when tribes have undetermined water rights to support tribal fisheries listed under the ESA. Understanding the mechanics of past tribal settlements and their strengths and weaknesses in resolving disputes over instream flows for tribal trust fisheries listed under the ESA will allow parties involved in negotiations to evaluate whether similar provisions should be incorporated into future settlements. A review of the 27 congressionally approved tribal water settlements for instream flow and ESA provisions revealed that instream rights were either established as junior rights or reallocated from existing rights. The ESA was a factor in many of the settlements; however, only one actively incorporated ESA tools as part of the benefits of the settlement. After this preliminary evaluation, a comparative analysis framework with 28 criteria for evaluating environmental conflict resolution was applied to the Nez Perce Water Rights Settlement and Pyramid Lake Paiute Water Rights Settlement to identify strengths and weaknesses of using tribal water settlements as a means to resolve disputes involving instream flow claims. From my analysis, I conclude that tribal water settlements offer unique opportunities to shift the status quo and address historic inequities while minimizing harm to existing water users; however, settlement agreements may not result in an outcome that reduces conflict without a concerted effort to establish a fair process and minimize the impacts of the agreement on other parties. Furthermore, despite the many benefits of settlement agreements, since they have not delivered time-immemorial rights for fisheries, other options will likely be a continued consideration for tribes seeking to restore fisheries. However, while litigation presents a risky though lucrative outcome, rights under state law are in line with what has been granted in settlements. Given the time, effort and cost associated with settlements, I suggest that since tribal water right settlements generally use state tools to establish instream flows, states and tribes may reduce future conflict by proactively working together to establish instream flows through existing state water reallocation mechanisms.
Graduation date: 2012

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Dissertations / Theses on the topic 'Environmental dispute resolution'

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