Log in

Relevant bibliographies by topics / Environmental disputes

Contents

Journal articles
Dissertations / Theses
Books
Book chapters
Conference papers
Reports

Academic literature on the topic 'Environmental disputes'

Author: Grafiati

Published: 4 June 2021

Last updated: 20 February 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Environmental disputes.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Environmental disputes"

1

Mbengue, Makane Moïse. "The South China Sea Arbitration: Innovations in Marine Environmental Fact-Finding and due Diligence Obligations." AJIL Unbound 110 (2016): 285–89. http://dx.doi.org/10.1017/s239877230000917x.

Full text

Abstract:

The South China Sea Arbitration is a leading case in a new generation of environmental disputes, namely, environmental disputes that occur in disputed territorial or maritime areas. The dispute between the Philippines and China before the United Nations Convention on the Law of the Sea (UNCLOS) Annex VII Tribunal (the Tribunal) dealt in significant part with the Philippines’ allegations of environmental violations by China. The Philippines asserted that China tolerated harmful fishing practices and proceeded with harmful construction activities, and that both caused serious harm to the marine environment of the South China Sea.

APA, Harvard, Vancouver, ISO, and other styles

2

Steger, Wilbur A., Sheldon Kamieniecki, Robert O'Brien, Michael Clarke, and Gail Bingham. "Environmental Disputes." Journal of Policy Analysis and Management 6, no. 2 (1987): 282. http://dx.doi.org/10.2307/3324531.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Rosenberg, M. F., and M. A. Cheah. "Arbitrating Environmental Disputes." ICSID Review 16, no. 1 (March 1, 2001): 39–60. http://dx.doi.org/10.1093/icsidreview/16.1.39.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Forester, John. "Resolving environmental regulatory disputes." Environmental Impact Assessment Review 5, no. 4 (December 1985): 383–88. http://dx.doi.org/10.1016/0195-9255(85)90033-2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Max, Eric R. "Mediating environmental insurance disputes." Alternatives to the High Cost of Litigation 14, no. 7 (July 1996): 88. http://dx.doi.org/10.1002/alt.3810140708.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Nguyen, Lan Ngoc. "Jurisdiction and Applicable Law in the Settlement of Marine Environmental Disputes under UNCLOS." Korean Journal of International and Comparative Law 9, no. 2 (December 7, 2021): 337–53. http://dx.doi.org/10.1163/22134484-12340161.

Full text

Abstract:

Abstract Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.

APA, Harvard, Vancouver, ISO, and other styles

7

Rohman, Adi Nur. "SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY." Diponegoro Law Review 7, no. 2 (October 27, 2022): 230–44. http://dx.doi.org/10.14710/dilrev.7.2.2022.230-244.

Full text

Abstract:

This article aims to see the other side of mediation as an alternative settlement of inheritance disputes. The general view of the community is that mediation is carried out after the occurrence of a dispute as a form of dispute resolution between the disputing parties. However, the perspective of Islamic legal philosophy sees the other side of the role of mediation in dealing with disputes, including inheritance disputes. The writing of this paper is done in an analytical descriptive manner that combines a normative juridical approach with a philosophical approach. The study results show that the settlement of inheritance disputes can be done in two ways; litigation and non-litigation. As one of the non-litigation channels and acting as a dispute resolution institution, mediation also prevents disputes. Mediation is positioned to avoid disputes arising at the philosophical level in inheritance cases. This argument can be seen from the statements in the Qur'an and hadith regarding inheritance law which indicate that the existence of inheritance law is intended as an effort to prevent disputes.

APA, Harvard, Vancouver, ISO, and other styles

8

Hippolyte, Antonius R. "icsid’s Neoliberal Approach to Environmental Regulation in Developing Countries." International Community Law Review 19, no. 4-5 (September 26, 2017): 401–42. http://dx.doi.org/10.1163/18719732-12340018.

Full text

Abstract:

Abstract With the intensification of their participation in the foreign investment regime, Latin American States are finding it difficult to implement measures beneficial to protecting their environments due to their obligations to third States. This governance deficit is further compounded by the regime’s neoliberal predisposition in favour of property protection, which has penetrated the system and implicated the system of investment treaty arbitration, the regime’s primary dispute settlement mechanism. The International Centre for Settlement of Investment Disputes (icsid) has also been implicated. This is seen in the momentous diversity in investor-State disputes resolved by various icsid tribunals, which concern attempts by Latin American States to protect their physical environments such as the protection of wildlife or other matters such as the regulation of hazardous waste landfills and ensuring that citizens have access to clean water. Tribunals have approached such disputes primarily from a commercial standpoint, ignoring non-market alternatives such as environmental considerations.

APA, Harvard, Vancouver, ISO, and other styles

9

Teku, Lusiana Maryati Karuni Poso, Mujiati Mujiati, and Dian Aries Mujiburohman. "Penyelesaian Sengketa Pertanahan Melalui Perbaikan Kualitas Data Pertanahan Di Kabupaten Manggarai Barat." PERSPEKTIF 11, no. 2 (April 18, 2022): 779–85. http://dx.doi.org/10.31289/perspektif.v11i2.6120.

Full text

Abstract:

One of the causes of land problems is the absence of complete and accurate data on registered land ownership. This happens because the digitization process has not yet been completed, whether the certificates, land books or letters of measurement and maps. So, the purpose of this study is to analyze the quality of land data to identify and resolve land disputes. The method used is a qualitative descriptive method, with the results showing that one of the Independent Land Data Quality Improvement activities (PKDPM) produces a dispute map containing the names of the parties with problems and the location of the land indicated as problematic. Based on the dispute map, it can identify 58 (fifty-eight) land disputes which are classified into 4 (four) namely overlapping, boundary disputes, inheritance disputes and land ownership disputes. However, out of 58 disputes, only 5 cases could be resolved through mediation at the West Manggarai Land Office. So, it can be concluded that PKDPM activities are only able to identify disputes, but are not able to resolve existing disputes.

APA, Harvard, Vancouver, ISO, and other styles

10

Johnson, Jeffrey Paul. "Negotiating Environmental and Development Disputes." Journal of Planning Literature 1, no. 4 (October 1986): 509–21. http://dx.doi.org/10.1177/088541228600100404.

Full text

APA, Harvard, Vancouver, ISO, and other styles

More sources

Dissertations / Theses on the topic "Environmental disputes"

1

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Wongwuthikun, Krisdakorn. "An appraisal of third-party mechanisms in settling international environmental disputes." Thesis, University of Dundee, 2016. https://discovery.dundee.ac.uk/en/studentTheses/368e5d23-b96f-4c29-8a2c-9bfd6bf30e7b.

Full text

Abstract:

International environmental disputes frequently have characteristics that distinguish them from other kinds of international disputes. Such characteristics of international environmental disputes include the following. Firstly, a dispute may be bilateral, multilateral or hybrid in character. Secondly, international environmental disputes frequently have a multi-dimensional character which includes the complexity of the scientific or technical information associated with a dispute and the complexity of questions relating to social, economic and political choice. Thirdly, international environmental disputes may entail difficulties in identifying the source of the alleged breach of an international environmental obligation. Fourthly, international environmental disputes may involve complex questions of quantifying damages. Lastly, international environmental disputes may involve the interpretation and application of procedural obligations. International environmental obligations of a procedural character. Given the characteristics of international environmental disputes, this thesis aims to study the suitability and effectiveness of the existing third-party mechanisms in settling such disputes. This thesis attempts to find suitable means by examining the nature of each dispute settlement mechanism and making an evaluation in order to find out how each mechanism can provide processes or procedures that correspond to the special characteristics of environmental disputes. With regard to the question of effectiveness, criteria of effectiveness will be established and then each of the mechanisms will be assessed in the light of those criteria. This thesis also proposes some recommendations that would have a chance of being carried out in practice in order to address problems or drawbacks that appear to be an obstacle to the better resolution of international environmental disputes. This thesis shows that judicial means are suitable for deciding bilateral environmental disputes and interpreting and applying procedural obligations. They are not suitable for deciding cases involving multiple parties, multidimensional disputes, quantifying environmental damages or identifying the sources of breach of environmental obligations, except ad hoc arbitration where parties can set up arbitral procedures which suit a specific characteristic of the environmental disputes at issue. Diplomatic means are suitable for deciding bilateral and multilateral disputes, multidimensional disputes but they are not suitable for awarding environmental damages and interpreting and applying procedural obligations. As far as the effectiveness is concerned, this thesis shows that most of the disputes brought before judicial and non-judicial means were settled and the parties complied with the judgments, awards, findings and recommendations. However, in most cases, they have had only a limited impact on the behaviour of the parties in the sense that they were not successful in changing States’ behaviour so discourage future violations and deter the emergence of future disputes. This thesis suggests that all of the dispute settlement mechanisms can be used in a collaborative manner. The fact that the parties decide to litigate in international courts does not mean that the other mechanisms would be excluded. Before or during the course of the judicial proceedings, diplomatic means can always be resorted to. Successful environmental dispute resolution depends partly on the readiness of the parties to end a dispute and partly on the structure of the dispute settlement mechanism. Governments would have to decide what mechanisms could accommodate the unique characteristics of international environmental disputes that are at issue, taking into account all of the considerations discussed in this thesis.

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Mongkolnavin, Phuchphop. "Trade and environment in APEC : assessing the potential of the APEC's Dispute Mediation Service for resolving trade and environmental disputes in the Asia-Pacific rim." Thesis, SOAS, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.401689.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Bendel, Justine. "Environmental disputes in international courts and tribunals : overcoming the obstacles through judicial adaption." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23597.

Full text

Abstract:

International law regulating the protection of the environment has grown exponentially over the years, with the adoption of many conventions covering the protection of specific environmental issues at the global, regional and bilateral levels. The variety of rules and types of protection is vast, and the question then is how to resolve potential conflicts. Within the field of interstate dispute settlement, the mechanisms that exist to solve international environment conflicts present a critical pressure point. Instead of a smooth process of adjudication, conducive to timely judgments that benefit all parties, a disjointed system offering more stumbling blocks than solutions seems to exist. There is this idea that the interstate judicial settlement is old-fashioned, and therefore inadequate to respond to the new legal developments in international environmental law. This pessimistic view on the existing mechanisms and the development of parallel theories on how to achieve greater compliance with environmental rules have consequently led to the creation of alternative types of conflict resolution mechanisms, labelled as non-compliance procedures. Indeed, it is true to say that the roles of international courts and tribunals in environmental disputes have been challenged by certain specific features of environmental disputes, bringing into question their usefulness and effectiveness. However, we should not be too hasty in dismissing the role of courts and tribunals in this context. This thesis seeks to investigate whether there is a place on the international stage for international courts and tribunals when it comes to solving environmental disputes. In doing so, the analysis focuses on the design of interstate adjudication and arbitration. Some judicial mechanisms which are often not considered could be adequately used in the context of international environmental law. By concentrating on the various relevant legal tools available to international judicial bodies, this thesis argues that international courts and tribunals can be used favourably in an environmental context. This thesis adopts three main perspectives from which the role of international courts and tribunals is assessed. First, the analysis concentrates on how the judicial procedures can be triggered (or the question “how to get in”). Then it looks at the mechanisms and procedural problems attached to the judicial bodies (or “once you are in”). Finally, the research focuses on the location of judicial bodies within the broader dispute settlement regime relevant for the application of international environmental law (or “in/out relationships”). With these three elements, it is then possible to evaluate the role international courts and tribunals play, their limitations and their advantages.

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Alder, Juerg. "The use of mediation to resolve environmental disputes in South Africa and Switzerland." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4679.

Full text

Abstract:

The minor dissertation is structured as follows: After a short overview about mediation as one mechanism to resolve environmental disputes and the advantages respectively disadvantages of this kind of alternative dispute resolution, the focus shifts in paragraph C to the use of mediation to resolve environmental disputes in Switzerland. On the basis 4 of several cases in which mediation or mediation-type activities were used to resolve the environmental conflict I want to show why, in the end, environmental mediation probably will never be so widespread in Switzerland as it is in other countries. The paragraph ends with a case study about mediation experiences in Switzerland over nuclear waste disposal. Nevertheless, this aforementioned case study shows that the Swiss decision-making system offers a good basis for mediation procedures in areas of politics where there is yet little participation as longs as certain preconditions for a successful procedure are fulfilled. In paragraph D I deal with the use of mediation in South Africa to resolve environmental disputes. The focus shifts in a first step on the National Environmental Management Act (NEMA), especially Chapter 4 NEMA which deals with Alternative Dispute Resolution and, in particular, with environmental mediation. In a next step I examine if this Chapter has been already implemented or if there is still a big gap between theory and practice. Finally, paragraph D ends with two South African cases in which mediation was involved to resolve the dispute and a comparison of the two procedures.

APA, Harvard, Vancouver, ISO, and other styles

10

Yi, Gi-Chul. "An analysis of disputants' environmental conflict frames relating to Ohio wetland conversion disputes /." The Ohio State University, 1992. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487841548268861.

Full text

APA, Harvard, Vancouver, ISO, and other styles

More sources

Books on the topic "Environmental disputes"

1

International Environmental Disputes. Santa Barbara: ABC-CLIO, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

2

Glasbergen, Pieter, ed. Managing Environmental Disputes. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Rao, P. K. Environmental trade disputes and the WTO. Lawrenceville, NJ: Pinninti Publishers, 2001.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

4

International environmental disputes: A reference handbook. Santa Barbara, Calif: ABC-CLIO, 2005.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

5

Wijoyo, Suparto. Penyelesaian sengketa lingkungan =: Settlement of environmental disputes. Surabaya: Airlangga University Press, 1999.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

6

Bingham, Gail. Resolving environmental disputes: A decade of experience. Washington, D.C: Conservation Foundation, 1986.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

7

Resolving environmental disputes: A decade of experience. Washington, D.C: Conservation Foundation, 1986.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

8

Matsuura, Masahiro. Joint Fact-Finding in Urban Planning and Environmental Disputes. Abingdon, Oxon ; New York, NY : Routledge, 2017.: Routledge, 2016. http://dx.doi.org/10.4324/9781315651842.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

The peaceful settlement of international environmental disputes : a pragmatic approach. The Hague: Kluwer Law International, 2000.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

10

Williams, Bruce Alan. Democracy, dialogue, and environmental disputes: The contested languages of social regulation. New Haven: Yale University Press, 1995.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

More sources

Book chapters on the topic "Environmental disputes"

1

Khan, Rahmatullah. "Environmental Disputes." In Recht zwischen Umbruch und Bewahrung, 975–84. Berlin, Heidelberg: Springer Berlin Heidelberg, 1995. http://dx.doi.org/10.1007/978-3-642-57785-7_59.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Glasbergen, Pieter. "Environmental dispute resolution as a management issue." In Managing Environmental Disputes, 1–17. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Driessen, Peter, and Walter Vermeulen. "Network management in perspective." In Managing Environmental Disputes, 155–78. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_10.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Driessen, Peter. "Activating a policy network." In Managing Environmental Disputes, 19–35. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Driessen, Peter, and Pieter Glasbergen. "Strategies for network management in an agricultural region." In Managing Environmental Disputes, 37–51. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_3.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Glasbergen, Pieter, and Jan Veen. "From adversarial to collaborative interaction." In Managing Environmental Disputes, 53–68. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Klundert, Bram, and Pieter Glasbergen. "The role of mediation in the process of integrated planning." In Managing Environmental Disputes, 69–89. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_5.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Veen, Jan. "Government control in a polynuclear metropolis." In Managing Environmental Disputes, 91–104. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_6.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Glasbergen, Pieter. "Project management for water conflicts." In Managing Environmental Disputes, 105–18. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_7.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Dieperink, Carel. "Between salt and salmon." In Managing Environmental Disputes, 119–36. Dordrecht: Springer Netherlands, 1995. http://dx.doi.org/10.1007/978-94-011-0766-2_8.

Full text

APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Environmental disputes"

1

"Administrative Mediation in Environmental Disputes." In 2017 4th International Conference on Business, Economics and Management. Francis Academic Press, 2017. http://dx.doi.org/10.25236/busem.2017.44.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

"Understanding disputes around environmental flows: the role of ecosystem services." In 2014 ASABE Annual International Meeting. American Society of Agricultural and Biological Engineers, 2014. http://dx.doi.org/10.13031/aim.20141893216.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Tu, Wenling, and Yujung Lee. "Ineffective environmental laws in regulating electronic manufacturing pollution: examining water pollution disputes in Taiwan." In 2009 IEEE International Symposium on Sustainable Systems and Technology (ISSST). IEEE, 2009. http://dx.doi.org/10.1109/issst.2009.5156734.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

ANSARY, NAZEEM, OLANREWAJU ABDUL, and WD THWALA. "Adjudication and arbitration as a technique in resolving construction industry disputes A literature review." In Sixth International Conference on Advances in Civil, Structural and Environmental Engineering - ACSEE 2017. Institute of Research Engineers and Doctors, 2017. http://dx.doi.org/10.15224/978-1-63248-139-9-55.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

García-Vélez, Roberto, Luis Serpa-Andrade, and Graciela Serpa-Andrade. "Information and Communication Technologies Learning Methodologies for Children with ADHD." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1001889.

Full text

Abstract:

ADHD is a disorder due to attention deficit, impulsiveness and hyperactivity due to various functional disputes, these anatomical brain inconsistencies can be genetic and/or environmental that hinders the child's lifestyle and their environment. Within the educational field, teachers cannot distinguish the attitude of a child with ADHD from one without disorders, especially in the preschool stage, which motivates the search for teaching alternatives, among them we have information and communication technologies - ICT, which allow evaluating, diagnosing, enriching and strengthening the learning of children with or without ADHD through educational software on a mobile phone, a computer and/or digital whiteboard; increasing attention, concentration, creativity, security, decreasing aggressiveness, gradually developing positive behaviors, their self-esteem improves, they feel motivated and progressively create solutions to their internal conflicts in such a way that their community learning guarantees the development of new social skills such as respect, solidarity, empathy and identifies the emotions of other people allowing a positive incorporation into their daily lives, especially in the school environment.

APA, Harvard, Vancouver, ISO, and other styles

6

Wilsoncroft, Charles. "NEC3: Managing Change." In ASME 2009 12th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2009. http://dx.doi.org/10.1115/icem2009-16380.

Full text

Abstract:

The Office of Government Commerce (OGC) has endorsed the use of NEC for all public sector contracts. The reason being is that it stimulates effective project management and enables the parties to manage risk and change more efficiently, which in turn serves to mitigate the cost and time effects of any risk event should it arise under the contract. In essence it facilitates a more collaborative working culture between the parties. The NEC3 contract is gaining in popularity and has been adopted for use in the decommissioning of nuclear power stations and the London Olympics, it also recently received support in the Tenth Special Report on Construction Matters by the House of Commons. It has strict time limits for the notification of compensation events as set out in the core clause 61.3 whereby the Contractor’s contract administration team needs to notify the project manager within an eight week period of becoming aware of the event. The contract also provides for an early warning procedure whereby the Contractor and the project manager will cooperate and proactively discuss how issues can be overcome in a collaborative manner. This NEC3 contract requires both the Contractor and the Employer to act positively and is welcomed as a possible solution to the entrenched disputes which have regularly occurred on major energy projects and if properly administered will hopefully result in an earlier and less fraught final account settlement process for both parties.

APA, Harvard, Vancouver, ISO, and other styles

7

Chin Eang, Ong. "B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)." In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2596.

Full text

Abstract:

The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important issues that relate to the gap and loophole that be living in the three redress mechanisms and jurisdictions.

APA, Harvard, Vancouver, ISO, and other styles

8

Langsdale, S., and L. Bourget. "Developing Best Practices for Computer Aided Dispute Resolution." In World Environmental and Water Resources Congress 2009. Reston, VA: American Society of Civil Engineers, 2009. http://dx.doi.org/10.1061/41036(342)484.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Mathewson, Andrew. "“Show-Stopper” — Effectively Managing Project Social Risks: Improved Approaches to Aboriginal Engagement and Consultation." In 2012 9th International Pipeline Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/ipc2012-90145.

Full text

Abstract:

A number of proposed pipelines in western and northern Canada have highlighted critical path social risks associated with effectively engaging and consulting with impacted Aboriginal rightsholders along pipeline rights-of-way. Opening up new markets for Canada’s oil sands, shale and off-shore gas resources will require an expansion of the pipeline system in northern British Columbia, Alberta and the Northwest Territories. While navigating the regulatory approval process can be a formidable hurdle, a far greater challenge is how proponents manage the process of building relationships and consulting with affected Aboriginal communities. Failing to earn Aboriginal support for proposed projects can be a “show-stopper”. Exploration of new basins in Canada, driven by increased demand for energy in Asia, may compete with other land uses and constitutionally-protected rights and practices of indigenous peoples. Public, media and environmental response to new pipelines is often lead by the reaction of impacted communities. The task of identifying the social risks to a project, understanding the engagement process, fulfilling the regulatory consultation requirements of different jurisdictions, balancing impacts with benefits, managing issues and resolving disputes, communicating with the public and media effectively all require improved skills and approaches. The paper surveys the stakeholder engagement experience and differences in approaches for recently proposed major arctic gas and western oil pipeline projects, as well as pipelines to service Liquefied Natural Gas export facilities on the Pacific north coast, providing practical insights with possibly international application. Utilizing decision and risk analysis and scenario planning methodologies, applied to development of an Aboriginal engagement and consultation strategy, the paper examines how multi-billion dollar investments in new pipelines can be better secured by integrating stakeholder engagement into a project’s risk management design. With greater precision and improved approaches proponents can effectively manage social risks, reduce stakeholder conflict and associate project uncertainties.

APA, Harvard, Vancouver, ISO, and other styles

10

Mitkus, Tomas. "Identifying causes of disputes in creative industries: lithuanian architecture segment case study." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.06.

Full text

Abstract:

Today creative industries are economically efficient, innovative and constantly growing economic segment. On the other hand, creative industry and its unique creative work process, brings increased stress and conflicts possibility to work environment. Causes of conflicts and conflict management have been analyzed in detail by a number of scholars, although conflicts evolving into disputes have been analyzed considerably less often. The causes of disputes in Lithuanian architectural segment were identified and analyzed in this article. These causes were grouped into two main categories – communication and non-communication causes. Case study results show that in 49% of 107 analyzed cases litigation could have been avoided if communication process between disputes parties would have been conducted professionally throughout all stages of production.

APA, Harvard, Vancouver, ISO, and other styles

Reports on the topic "Environmental disputes"

1

Walsh, Alex, and Ben Hassine. Mediation and Peacebuilding in Tunisia: Actors and Practice. Institute of Development Studies (IDS), April 2021. http://dx.doi.org/10.19088/k4d.2021.061.

Full text

Abstract:

This Helpdesk Report is part mapping of the mediation and peacebuilding actors in Tunisia and part review of the available literature. There are a host of governmental and non-governmental organisations (NGOs) that are involved in the mediation of conflicts and peacebuilding, both in formal and informal ways. There is overlap in the principles and goals of peacebuilding and mediation; many organisations conduct both practices, intermingling them. Local, regional, national and international actors have applied mediation and peacebuilding to many different types of conflict in the past decade in Tunisia, involving varied parties. The case studies included in this rapid review cover conflicts relating to labour and the economy, the environment, basic services, constitutional/political disputes, and women’s rights. They involve local communities, the unemployed national and regional trade unions, civil society organisations (CSOs), national utility and mineral companies, and political parties.

APA, Harvard, Vancouver, ISO, and other styles

2

Woodruffe, Paul. Suburban Interventions: Understanding the Values of Place and Belonging Through Collaboration. Unitec ePress, May 2012. http://dx.doi.org/10.34074/ocds.12012.

Full text

Abstract:

How can a socially defined project facilitate meaningful knowledge transfer between community, corporate and institution? In order to address this question, this paper focuses on an ongoing live project in suburban Auckland New Zealand begun in 2010, undertaken by a post-graduate student and researcher collective. The collective currently creates subtle interventions sited within local cyberspace, and through this current project will employ impermanent and small-scale design to advocate for a series of neglected and disputed sites. It explores the impact and value the presence of artists and designers working within local communities can have, and “champions the role of the artist in the development of the public realm, and their intuitive response to spaces, places, people and wildlife” (Wood 2009, p.26). The significance of this project is that it promotes a collaborative and multidisciplinary methodology that works with community groups to advocate to corporate entities for a wider social and environmental awareness of specific sites. This paper aims to explain the processes and findings of the project to date through both its successes and failures. It also proposes the possibility of the methodology being transferred to undergraduate and post-graduate study as a tool to promote multi-disciplined collaborate project briefs that focus on community well being.

APA, Harvard, Vancouver, ISO, and other styles

3

Woodruffe, Paul. Suburban Interventions: Understanding the Values of Place and Belonging Through Collaboration. Unitec ePress, May 2012. http://dx.doi.org/10.34074/ocds.12012.

Full text

Abstract:

How can a socially defined project facilitate meaningful knowledge transfer between community, corporate, and institution? In order to address this question, this paper focuses on an ongoing live project in suburban Auckland New Zealand began in 2010, undertaken by a post-graduate student and researcher collective. The collective currently creates subtle interventions sited within local cyberspace, and through this current project will employ impermanent and small-scale design to advocate for a series of neglected and disputed sites. It explores the impact and value the presence of artists and designers working within local communities can have, and “champions the role of the artist in the development of the public realm, and their intuitive response to spaces, places, people and wildlife” (Wood 2009, p.26). The significance of this project is that it promotes a collaborative and multidisciplinary methodology that works with community groups to advocate to corporate entities for a wider social and environmental awareness of specific sites. This paper aims to explain the processes and findings of the project to date through both its successes and failures. It also proposes the possibility of the methodology being transferred to undergraduate and post-graduate study as a tool to promote multi-disciplined collaborate project briefs that focus on community well being.

APA, Harvard, Vancouver, ISO, and other styles

4

Tenure and Investment in Southeast Asia: Comparative Analysis of Key Trends. Rights and Resources Initiative, October 2017. http://dx.doi.org/10.53892/tkkw9907.

Full text

Abstract:

This document provides an empirical picture of the causes and effects of tenure-related disputes between private sector actors and local peoples across Southeast Asia. It demonstrates that disputes in Southeast Asia are often more intractable and more violent than in any other region examined. The most common reason for these disputes is forced displacement, but factors like environmental damage, cultural abuse, and compensation also figure. The analysis is based on an investigation of 51 case studies across Continental and Maritime Southeast Asia. These “new cases” are compared with a global average derived from the IAN Case Study Database’s 237 cases after 2001 and outside Southeast Asia. The aim is therefore to provide greater insight into the way that tenure rights and governance are impacting the private sector at the macro-level. This high-level view is complemented by separate papers on Continental and Maritime Southeast Asia, each of which profiles the case studies in depth and provides a more nuanced view of how tenure-related disputes develop and how they can be resolved.

APA, Harvard, Vancouver, ISO, and other styles

5

CONCEPT AND FUNCTIONS OF E-JUSTICE IN THE DIGITAL ECONOMY. DOI CODE, 2021. http://dx.doi.org/10.18411/0131-5226-2021-70001.

Full text

Abstract:

Abstract. The article deals with the concept of "electronic justice" and features of the use of electronic justice for the consideration of economic disputes. In the digital economy e-justice is one of the legal constructions that provide a comfortable legal environment for economic activity. This is a complex of legal relations and technological solutions that provides individuals and legal entities with the opportunity to use digital technologies at all stages of the judicial process, to obtain information about the activities of courts through electronic access. The e-justice mechanism includes video and audio recording of court sessions, electronic document management with the use of an electronic signature, an electronic archive for storing electronic documents, the use of cloud technologies, as well as the use of electronic documents as evidence. Improving the legal regulation of e-justice in the digital economy, along with reforming procedural legislation, should include the development of a Federal law on electronic documents.

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!