Journal articles: 'Environmental disputes'

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Koskenniemi, Martti. "Peaceful Settlement of Environmental Disputes." Nordic Journal of International Law 60, no. 2 (1991): 73–92. http://dx.doi.org/10.1163/157181091x00089.

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Koskenniemi, Martti. "Peaceful Settlement of Environmental Disputes." Nordic Journal of International Law 60, no. 1 (1991): 73–92. http://dx.doi.org/10.1163/157181091x00232.

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Boyle, Alan. "The Environmental Jurisprudence of the International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 22, no. 3 (2007): 369–81. http://dx.doi.org/10.1163/157180807781870354.

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AbstractThis presentation starts out with an overview of the environmental jurisprudence of international tribunals and courts in the last decade. The author then examines the jurisprudence of the ITLOS and considers four issues that have arisen: the precautionary principle; environmental impact assessment; environmental co-operation; and jurisdiction over marine environmental disputes. Concluding, he asks what the jurisprudence tells us about the Tribunal's role in the LOSC dispute settlement system. First, the Tribunal's provisional measures cases have established the utility of the Article 290 procedure as a means of protecting the rights of other States but also the marine environment in general. Second, there is evidence in the case law of a desire to settle disputes between the parties in a way that contributes to the development of a consistent jurisprudence and of a willingness to interpret and apply Part XII of the Convention in accordance with the contemporary state of international environmental law. The Tribunal's record on marine environmental disputes is a positive one.

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Zajc, Marko. "Administrative Legacy and the River Mura Border Dispute between Slovenia and Croatia." Südosteuropa 67, no. 3 (November 30, 2019): 369–92. http://dx.doi.org/10.1515/soeu-2019-0027.

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Abstract Set at the intersection between political history and environmental history, this article shows the significance of administrative legacy and natural dynamics of rivers in the landscape for creating (and solving) border disputes. In 2006, Slovenia and Croatia engaged in such a dispute regarding the exact course of the border near the River Mura in the vicinity of the villages of Hotiza (Slovenia) and Sv. Martin na Muri (Croatia). After giving an overview of the Slovenian-Croatian border disputes between 1992 and 2019, the author analyses the border dispute around the River Mura. He then shows how the history of the river’s regulations, of the Habsburg and Yugoslav land survey activities, as well as of the previous border disputes on the river are entangled in the current dispute.

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N. A., Alekseeva. "An Application of the Principles of Environmental Law in Resolution of Environmental Disputes." Rossijskoe pravosudie, no. 9 (August 23, 2021): 103–9. http://dx.doi.org/10.37399/issn2072-909x.2021.9.103-109.

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This article examines principles of environmental law been applied by courts in their dispute resolution activities. The aim of the study is to systematize the applied in certain categories of cases principles. The tasks set by the author are to identify the correctness of the application, the correspondence of the meaning of the principle to which the court refers and the need set before the court – the dispute under consideration. Methods used in the article are method of analysis and synthesis that suits the goal. Environmental requirements and their corresponding principles are universal. The considered principles of environmental and land law are important in resolving legal disputes, playing the role of pillars of law, they are referenced in almost every court decision. Whether their indication in decisions is limited judicial lawmaking or elimination of a conflict, as well as the use of an analogy of law or law in the absence of an appropriate rule of law, is to be clarified in this study based on the analysis of judicial practice. Currently, there are a number of problems related to the application of the principles of environmental law, for example, the need to expand the list of principles of environmental law enshrined in legal norms with insufficient legislative support for the implementation. The environmental doctrine is developing actively nowadays; it provides a high probability of improving legal regulation in the field of environmental legal relations and the principles of environmental law in the future. Keywords: principles of environmental law, judicial practice in environmental disputes, application of the principles of environmental law by the courts, inconsistency of judicial practice with the essence of the principle

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Wilder, Martijn. "The settlement of disputes under the Protocol on Environmental Protection to the Antarctic Treaty." Polar Record 31, no. 179 (October 1995): 399–408. http://dx.doi.org/10.1017/s0032247400027376.

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ABSTRACTSince the Antarctic Treaty came into operation, Antarctic affairs have been characterised by international cooperation. The major issues of potential conflict, namely sovereignty, military activity, and mining, have now been largely removed. As a result, the remaining disagreements between parties have been resolved through consultation and negotiation. No dispute has ever found its way to judicial settlement, with most disagreements usually resolved at an early stage through ATCMs. While there is no reason to suspect that the use of consultation and negotiation will not continue, with the introduction of far more comprehensive measures for the protection of the Antarctic environment, combined with the significant increase in activity in and around the continent, there is a greater likelihood of situations occurring that clearly breach these principles or give rise to a dispute. In addition, where extensive damage to the environment has already occurred, negotiation may be limited, so that the other mechanisms for settling disputes must be instituted. The dispute procedures of the Protocol, taken almost entirely from CRAMRA, represent the most comprehensive system for the peaceful settlement of disputes arising in any Antarctic instrument to date. However, clear problems such as remedies, enforcement, and uncertainties with respect to standing and liability remain. Until these problems are resolved, all aspects of all disputes cannot be covered, and comprehensive protection of the Antarctic environment specified in the Protocol will remain an objective, not a reality.

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Paula, Cristiano Quaresma de, and Christian Nunes da Silva. "DISPUTAS NOS TERRITÓRIOS DA PESCA ARTESANAL BRASILEIRA COMO EXPRESSÃO DA DIALÓGICA ENTRE TERRITÓRIO E AMBIENTE." InterEspaço: Revista de Geografia e Interdisciplinaridade 5, no. 19 (January 23, 2020): 202012. http://dx.doi.org/10.18764/2446-6549.e202012.

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DISPUTES IN THE TERRITORIES OF BRAZILIAN ARTISANAL FISHING AS AN EXPRESSION OF THE DIALOGIC BETWEEN TERRITORY AND ENVIRONMENTDISPUTAS EN LOS TERRITORIOS DE LA PESCA ARTESANAL BRASILEÑA COMO UNA EXPRESIÓN DEL DIÁLOGO ENTRE TERRITORIO Y MEDIO AMBIENTERESUMOAs condições ambientais e a permanência de territórios tradicionais na pesca artesanal brasileira estão ameaçadas diante das disputas no território. A análise de 71 dissertações e teses, defendidas na Geografia Brasileira entre 1982 e 2015, permitiu distinguir a presença de impactos ambientais, conflitos por território e disputas no território, como expressão da dialógica entre território e ambiente. Quanto às disputas no território, destacadas neste artigo, estão relacionadas principalmente à aquicultura, pesca industrial, pesca comercial e geração de energia. Deve-se ressaltar que a espacialização de dissertações e teses demonstra a concentração dessas disputas em contextos intrarregionais no Brasil. As disputas no (e pelo) território correlacionam os impactos ambientais e os conflitos territoriais, o que levou ao colapso dos estoques pesqueiros e à desterritorialização dos pescadores artesanais brasileiros.Palavras-chave: Pesca Artesanal; Território; Ambiente; Geografia.ABSTRACTThe environmental conditions and the permanence of traditional territories in Brazilian artisanal fishing are threatened in the face of disputes in the territory. The analysis of 71 dissertations and theses, defended in the Brazilian Geography between 1982 and 2015, allowed distinguishing the presence of environmental impacts, conflicts by territory and disputes in the territory, as an expression of the dialogic between territory and environment. As for the disputes in the territory, highlighted in this article, are mainly related to aquaculture, industrial fishing, commercial fishing and power generation. It should be emphasized that the spatialization of dissertations and theses demonstrates the concentration of these disputes in intra-regional contexts in Brazil. Disputes in (and by) territory correlate environmental impacts and territorial conflicts, which has led to the collapse of fish stocks and deterritorialization of Brazilian artisanal fishermen.Keywords: Artisanal Fishing; Territory; Environment; Geography.RESUMENLas condiciones ambientales y la permanencia de los territorios tradicionales en la pesca artesanal brasileña se ven amenazadas ante las disputas en el territorio. El análisis de 71 disertaciones y tesis, defendidas en la Geografía brasileña entre 1982 y 2015, permitió distinguir la presencia de impactos ambientales, conflictos por territorio y disputas en el territorio, como expresión de la diálogo entre territorio y ambiente. En cuanto a las disputas en el territorio, destacadas en este artículo, están relacionadas principalmente con la acuicultura, la pesca industrial, la pesca comercial y la generación de energía. Cabe destacar que la espacialización de disertaciones y tesis demuestra la concentración de estas disputas en contextos intrarregionales en Brasil. Las disputas en (y por) territorio correlacionan los impactos ambientales y los conflictos territoriales, lo que ha llevado al colapso de las poblaciones de peces y la desterritorialización de los pescadores artesanales brasileños.Palabras clave: Pesca Artesanal; Territorio; Ambiente; Geografía.

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SHABALINA, M. A., and Yu A. KRYUCHKOVA. "SPECIFICS OF ESTABLISHING JURISDICTION OVER ENVIRONMENTAL DISPUTES." Herald of Civil Procedure 10, no. 5 (November 30, 2020): 248–74. http://dx.doi.org/10.24031/2226-0781-2020-10-5-248-274.

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This article deals with the problems of establishing jurisdiction over environmental disputes. The issues under consideration are relevant in the context of Russian regulation because both commercial courts and courts of general jurisdiction could be competent to hear the disputes, which inevitably entails difficulties for both the applicants and the courts themselves as the provided case law demonstrates. Besides, the issues are topical because of the numerous changes of Russian supreme courts’ approaches towards them, and also due to the procedural reform of 2019. Relevance in the context of international regulation is due to lack of specialised rules for establishing international jurisdiction over environmental disputes, while the rules on international jurisdiction over tort disputes are not fully effective. The article also analyses the rules on jurisdiction over tort disputes provided for by Russian procedural codes. The article concludes that in the absence of clear rules on the competence of arbitration and general courts to hear environmental disputes, significant differences between the rules of the codes affect the implementation of the principle of legal certainty in considering this type of disputes.

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Maguire, Lynn A., and Lindsley G. Boiney. "Resolving Environmental Disputes: a Framework Incorporating Decision Analysis and Dispute Resolution Techniques." Journal of Environmental Management 42, no. 1 (September 1994): 31–48. http://dx.doi.org/10.1006/jema.1994.1058.

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Rendón, Angelina Isabel Valenzuela. "Ventajas y Desventajas de la Conciliación en la Resolución de Conflictos – Sobre Reparación del Daño al Medio Ambiente." REVISTA INTERNACIONAL CONSINTER DE DIREITO 03, no. 03 (December 16, 2016): 111–39. http://dx.doi.org/10.19135/revista.consinter.00003.05.

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En el presente trabajo se exponen diversas ventajas y desventajas propias del medio alterno de solución de conflictos conocido como conciliación, esto a fin de dilucidar si se trata de un mecanismo adecuado para resolver controversias sobre reparación de daño causado al medio ambiente, lo que se realizará mediante la técnica metodológica cartesiana. Se observa que la conciliación es una forma de acceder a la justicia, adicional al proceso tradicional; además de que a través del procedimiento conciliatorio se fomenta la resolución pacífica de las disputas. Finalmente, se concluye que los pros de la conciliación tienen mayor peso que los contras. Por lo tanto, proponer el procedimiento conciliatorio significa ofrecer una alternativa de un mecanismo pertinente cuando se resuelven controversias sobre reparación del daño al medio ambiente; todo esto coadyuvando al logro de los Objetivos de Desarrollo del Milenio. In this research, different distinct advantages and disadvantages of the alternative dispute resolution known as conciliation are exposed. Through the Cartesian method, this presentation helps establish if conciliation is an adequate way to resolve disputes regarding reparation of environmental damage. Conciliation is a means to access justice, in addition to the traditional trial; furthermore, conciliation encourages the pacific resolution of disputes. Finally, it is concluded that the advantages of conciliation weigh more heavily than its disadvantages. Therefore, conciliation is a pertinent option to solve disputes regarding reparation of environmental damages, in order to achieve the Sustainable Development Goals.

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Talus, Kim. "Float Like a Butterfly, Sting Like a Bee: Judicial Challenges to Renewable-Energy Support Schemes in Europe." Climate Law 6, no. 3-4 (October 11, 2016): 250–63. http://dx.doi.org/10.1163/18786561-00603003.

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The past few years have witnessed a surge of judicial activity relating to renewable energy in the European Union. Several renewable-energy disputes have come before dispute-settlement bodies, such as the Court of Justice of the European Union, wto bodies, investment-dispute tribunals, and national courts. Behind these disputes is often a tension between, on the one hand, state- or European Union-level regulations seeking to promote renewable energy and achieve climate-policy objectives, and, on the other, economic considerations related to investor protection and free movement of goods.

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Maryanto, Maryanto, Lathifah Hanim, and Dini Amalia Fitri. "PROCEDURE FOR RESOLVING CONSUMER DISPUTES THROUGH CONSUMER DISPUTE SETTLEMENT AGENCY (BPSK)." International Journal of Law Society Services 1, no. 2 (October 26, 2021): 64. http://dx.doi.org/10.26532/ijlss.v1i2.17822.

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The establishment of the Consumer Dispute Settlement Agency (here and after, we will use the acronym BPSK) is to protect consumers and entrepreneurs by designing a Consumer Protection system that contains legal certainty and transparency. The purpose of this study was to determine the procedure for resolving consumer disputes through BPSK. This research uses doctrinal and non-doctrinal approaches. The result of the research is that the procedure for resolving consumer disputes carried out by BPSK is through 2 (two) processes or paths that must be passed if consumers want to resolve consumer disputes with business actors, namely: Dispute Resolution outside the court, namely the process of making a complaint or claim for losses carried out by business actors to BPSK or Non-Governmental Consumer Protection Agency (LPKSM). From these complaints, BPSK is obliged to issue a decision no later than 21 (twenty-one) working days after the claim is received and Dispute Settlement Through the court, namely the process Consumers who feel aggrieved report to the authorities, namely to the police for follow-up as in the dispute resolution process in court. There are 3 (three) ways to settle consumer disputes, namely conciliation, arbitration, and mediation.

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Baltag, Crina, and Ylli Dautaj. "Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection." Brill Research Perspectives in International Investment Law and Arbitration 3, no. 1 (June 25, 2020): 1–77. http://dx.doi.org/10.1163/24055778-12340008.

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Abstract The global environmental disruption caused by human activity is firmly entrenched as a scientific fact. The present paper looks at the Investor-State Dispute Settlement (ISDS) system and inquires whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component. This culminates essentially in whether arbitration is a legitimate forum and whether privately appointed arbitrators appropriately can resolve environmental-related disputes. These disputes are bound to increase in frequency because host-States are also partaking in global efforts to respond to environmental challenges. This paper makes several points. First, ISDS is the best equipped venue for addressing investment disputes that have an environmental or natural resources component. Second, the “regulatory chill” and the alleged “investor bias” arguments are unsubstantiated whereas, a balance must be struck between backlash, legitimacy, and workability. Third, ISDS will eventually and inevitably facilitate green-investors, while holding States accountable for green-undertakings, and therefore continue to effectively enforce the rule of law globally. Fourth, arbitrators must adapt to their role of handling disputes at the intersection of international investment law and environmental law; this means that a thorough thick rule of law must effectively be implemented. Fifth, International Investment Agreements (IIA s) should be reconsidered or interpreted in order to accommodate for investors’ obligations, as well as widening the scope of States’ regulatory powers. Finally, ISDS will only remain the best alternative if it sticks to its fundamental elements, in particular by utilizing the regime’s flexibility to allow counterclaims from host States. Only such reform-proposals that preserve and enhance the fundamental elements of international arbitration should be seriously considered.

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Akhriana, Asmah, Faizal Faizal, and Andi Irmayana. "Perancangan E-Government Pelayanan Pengaduan Dan Penyelesaian Sengketa Lingkungan di Era Kebiasaan Baru Pada Dinas Lingkungan Hidup Kota Makassar." Telematika 19, no. 1 (February 28, 2022): 19. http://dx.doi.org/10.31315/telematika.v19i1.5475.

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At the Environmental Service, there is a PPLH Arrangement and Compliance Division. One of the environmental dispute reporting services is a dispute between two or more parties arising from activities that have the potential and or have an impact on the environment. The environmental complaint and dispute resolution service at the Makassar City Environmental Service have guidelines for verifying disputes involving many aspects of activities and data collection. The background of the research is the community's obstacles in quick access to reporting complaints due to allegations of pollution and or environmental destruction. Another problem is that the Department of the Environment still needs to prepare a verification plan for environmental disputes involving the reporter and related agencies. The impact of the pandemic that cities and even countries have felt makes the problem even more complicated. The research objective is to design an E-Government application for Complaints and Environmental Dispute Resolution Services that can be accessed by the public anytime and anywhere, especially in the era of new habits. The waterfall's system development method starts from system engineering, needs analysis, design, coding, testing and maintenance. Black box testing method for functional testing. The programming language used is the PHP programming language in building environmental dispute verification media and Android-based applications as a complaint medium. The results of this study are that this application can be a medium so that complaints become easier and can neatly document the dispute resolution process.

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Adede, Andronico O. "Environmental Disputes Management: A Second Look." Environmental Policy and Law 27, no. 4 (1997): 288–91. http://dx.doi.org/10.3233/epl-1997-27412.

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BROWN, P., S. ZAVESTOSKI, B. MAYER, S. McCORMICK, and P. S. WEBSTER. "Policy Issues in Environmental Health Disputes." ANNALS of the American Academy of Political and Social Science 584, no. 1 (November 1, 2002): 175–202. http://dx.doi.org/10.1177/0002716202584001013.

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Brown, Phil, Stephen Zavestoski, Brian Mayer, Sabrina McCormick, and Pamela S. Webster. "Policy Issues in Environmental Health Disputes." ANNALS of the American Academy of Political and Social Science 584, no. 1 (November 2002): 175–202. http://dx.doi.org/10.1177/000271620258400113.

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Heath, Jenifer S. "Alternative procedures for resolving environmental disputes." Federal Facilities Environmental Journal 10, no. 3 (1999): 129–34. http://dx.doi.org/10.1002/ffej.3330100311.

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Jeffrey QC, Michael, and Donna Craig. "Application of Environmental Conflict Resolution to Public Interest Issues in Water Disputes." International Journal of Rural Law and Policy, no. 1 (October 21, 2011): 1–13. http://dx.doi.org/10.5130/ijrlp.i1.2011.2607.

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This article examines the role of environmental conflict resolution (ECR) in the public interest issues of water disputes. The article endeavours to illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR) and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.

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Whiting, Susan. "Values in Land: Fiscal Pressures, Land Disputes and Justice Claims in Rural and Peri-urban China." Urban Studies 48, no. 3 (February 2011): 569–87. http://dx.doi.org/10.1177/0042098010390242.

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This paper explores justice claims and legal recourse in disputes over land rights—a major source of unrest—in rural China. Local governments’ search for fiscal revenue and the concomitant fiscalisation of land create the context for the recent wave of land disputes. The types of dispute and the contexts in which disputes arise shape the ways in which citizens seek recourse to threats to their property rights and shape the kinds of justice claim they make in the process. Citizens whose land rights are threatened by land takings orchestrated by local governments and outside developers are more likely to pursue both distributive and procedural justice claims in court than are citizens whose land rights are threatened by reallocation of land within the community. In the latter case, citizens are more likely to pursue distributive but not procedural justice claims through mediation. These patterns hold in both case study and survey evidence. Distributive justice is associated with the fairness of outcome of a dispute, while procedural justice is associated with fairness of the process of dispute resolution.

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LYDGATE, EMILY BARRETT. "Consumer preferences and the National Treatment Principle: emerging environmental regulations prompt a new look at an old problem." World Trade Review 10, no. 2 (April 2011): 165–88. http://dx.doi.org/10.1017/s1474745610000492.

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AbstractShould consumers' preference for ‘green’ products help justify, from a WTO perspective, emerging regulations such as restrictions on trade in non-sustainable biofuels? Despite the role consumer preferences have played in WTO disputes, in association with the ‘like’ products concept, there has not been enough focused examination of their specific influence, particularly in disputes on ethical public policy issues, such as environmental or health regulations. To this end, this paper examines key GATT Article III disputes, pointing out that they included attempts both to measure, and also to interpret, consumer preferences. The latter approach becomes more tempting when consumer preferences are difficult to measure; import bans or restrictions associated with ethical public policy regulations can bring about such a situation. A hypothetical dispute about EC biofuels sustainability criteria demonstrates this problem. Options to make the concept of consumer preferences more coherent include limitations on how they can be invoked, and an increased commitment to capturing them through measurement.

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Olmos Giupponi, Belén. "Transnational Environmental Law and Grass-Root Initiatives: The Case of the Latin American Water Tribunal." Transnational Environmental Law 5, no. 1 (July 30, 2015): 145–74. http://dx.doi.org/10.1017/s204710251500014x.

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AbstractThis article analyzes the role played by the Latin American Water Tribunal (Tribunal Latinoamericano del Agua – TRAGUA) (LAWT) in the resolution of environmental disputes over water resources. Since its inception in 1998, the LAWT has emerged as a non-governmental body with a multidisciplinary composition and a mandate based on both formal and informal sources of law, which holds public hearings in order to address water-related complaints. This article explores whether (and the ways in which) the LAWT is contributing to the resolution of environmental disputes concerning water resources. The main underlying thesis is that, whereas the traditional model for interstate dispute settlement offers only limited possibilities of redress to non-state actors (mainly individuals and groups), the LAWT provides them with the opportunity to present their demands before an environmental justice forum.

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Zulaeha, Mulyani, Suprapto Suprapto, Linda Nurulita, and Rizka Annisa Falmelia. "Characteristics of dispute resolution in wetland environment: Integration between environmental, cultural and community empowerment aspects." International Journal of Research in Business and Social Science (2147- 4478) 10, no. 4 (June 14, 2021): 349–54. http://dx.doi.org/10.20525/ijrbs.v10i4.1184.

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The purpose of this research is to study and analyze the characteristics of dispute resolution in a wetland environment through the integration of environmental aspects, culture and empowerment of rural communities. A life that is safe, orderly and peaceful, is the life of human society so that every dispute needs to be resolved. In fact, the principle of justice is simple, fast and low cost for most people. This research method uses a socio-juridical (socio-legal) approach using an interdisciplinary or "hybrid" approach between aspects of normative legal research with a sociological approach using qualitative analysis. The results show that through the settlement of disputes based on deliberation to reach consensus (badamai) based on local wisdom that grows and develops in communities in wetland areas, it is hoped that it will be able to expand access to justice in rural communities and reduce the burden of cases on formal channels. This requires a forum as an institution that facilitates the settlement of disputes outside the court at the village level.

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Van Wagner, Estair. "Putting Property in its Place: Relational Theory, Environmental Rights and Land Use Planning." Revue générale de droit 43 (January 13, 2014): 275–315. http://dx.doi.org/10.7202/1021216ar.

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This paper examines the complex web of legal, social and ecological relationships engaged by contemporary land use disputes. In particular, it considers the role of non-owners in decision-making processes about the use of private land. Combining critical perspectives on property theory with relational approaches to rights, it examines recent conflicts around the siting of aggregate quarries in Southwestern Ontario. Three decisions of the Ontario Municipal Board and the Joint Board are analyzed to demonstrate how aggregate disputes present opportunities for the strategic advancement of non-ownership interests in land. Jennifer Nedelsky’s four-step relational approach to dispute resolution and Nicole Graham’s theory of reciprocal person-place relations are applied to the cases to show how a shift away from the ownership model of property can lead to better social and ecological outcomes in land use planning.

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Noviari, Naniek, I. Gusti Bagus Wiksuana, IB Panji Sedana, and I. Putu Sudana. "The Effect of Tax Disputes on Firm Value (Analysis Based on Signal Theory and RBV Theory)." Jurnal Bisnis dan Kewirausahaan 18, no. 1 (March 30, 2022): 52–62. http://dx.doi.org/10.31940/jbk.v18i1.52-62.

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Tax dispute cases in Indonesia is increasing during 2014-2020. The potential risk of Taxpayer losing in a tax dispute is relatively high (48%). On the other hand, the voluntary disclosure of tax disputes in the published Company Report is of great concern to the stakeholders. This article aims to examine the theory and previous studies that explain the correlation among voluntary disclosure of tax disputes and firm value. The analysis is complemented by a systematic compilation of literature on research issues and results so that future research directions are obtained. In this research Signal Theory was developed by combining it with RBV theory. The variables of political connection and the profile of a tax consultant licensed by a lawyer were added as moderating variables. This will make Signal Theory more comprehensive in verifying the correlation among voluntary disclosure of tax disputes and company value.

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Bendel, Justine. "The Provisional Measures Orders in International Environmental Disputes: A Case for International Courts and Tribunals." Nordic Journal of International Law 88, no. 4 (November 11, 2019): 489–524. http://dx.doi.org/10.1163/15718107-08804002.

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This article examines the ways in which international courts and tribunals should utilise their powers to prescribe provisional measures in the context of environmental disputes. The article makes the case that the system of dispute resolution has the capacity to adapt to the specific needs of environmental disputes. By analysing the key features of provisional measures and extracting new judicial trends, new light is shed on two core issues: first, this article develops a theoretical framework within which provisional measures should be understood in order to achieve their aim. Second, it shows how a certain level of judicial creativity in the design of provisional measures can have implications on whether such measures can be enforced through innovative cooperation with other institutional bodies. As a result, this article argues that provisional measures can fill the gap of enforcement in international environmental law and become a pivotal instrument in environmental protection.

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Fajrin, Alisyah Early, and Sjaifurrachman Sjaifurrachman. "Analisis Penyelesaian Sengketa Konsumen Melalui Arbitrase." Jurnal Analisis Hukum 5, no. 2 (September 25, 2022): 136–46. http://dx.doi.org/10.38043/jah.v5i2.3764.

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Consumer disputes are disputes that occur between consumers and business actors in buying and selling transactions. The government issued the Consumer Protection Act to provide legal protection to consumers. However, in its implementation there is also protection against arbitration decisions that should and are binding, the Consumer Law provides an opportunity for parties who object to the offer can file an objection. Therefore, this study aims to find out how to resolve consumer disputes through arbitration in laws and regulations and how to resolve conflicts in dispute resolution through arbitration. The results of the study indicate that there is a conflict of norms between the Consumer Protection Act and the Arbitration and Alternative Dispute Resolution Act regarding the nature of the arbitration award which is final and binding. A form of norm conflict is to use it as a preference.

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Egbunike-Umegbolu, Chinwe Stella, and Uriah Bajela. "The Functionality of the Election Tribunal in Nigeria concerning Election Petition." Athens Journal of Law 8, no. 4 (September 30, 2022): 475–86. http://dx.doi.org/10.30958/ajl.8-4-7.

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This paper scrutinises whether it is possible to have Court-Connected Alternative Dispute Resolution, hereinafter ADR, to cover election petitions in Nigeria. An election petition is a peculiar breed of adversarial matters litigated over in courts, which is exclusively created for the sole purpose of reaching a speedy resolution within the allocated time frame provided by the law. There are no provisions, under the extant legal framework for elections and election disputes in Nigeria, for the use of court-connected ADR to resolve or settle election disputes. The zero-sum nature of Nigerian politics, characterised as the winner takes all; the loser takes none, coupled with the fact that elections are prone to violence and corruption because the seats for grabs are very lucrative- government positions make election disputes unarguably unsuitable for ADR mechanisms. However, the ADR strategy of looking at the interests of the parties rather than at their positions may hold some hope for applying ADR options to election disputes. An interest-based perspective to resolving disputes holds more promise than the traditional position-based perspective. Hence, the paper will analyse what the election tribunal does and whether it has ever used ADR as an option in its history. If not, what hopes are held out that Court-Connected ADR or induced ADR could ever be introduced to disputes concerning an area hotly contested as an election petition? The paper employs qualitative, primary and secondary resources to tackle the above-stated questions. Keywords: Alternative Dispute Resolution; Election Tribunal; Election Petition; Political Parties and Nigeria.

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Adiwijaya, Daniel Yusmic Foeck, and Manotar Tampubolon. "Continuing Disputes and Validity of Voting for the Regent and Deputy Regent of Yalimo Regency in Papua Indonesia." Britain International of Humanities and Social Sciences (BIoHS) Journal 4, no. 1 (March 14, 2022): 151–61. http://dx.doi.org/10.33258/biohs.v4i1.602.

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This study examines the disputed decisions made by the Constitutional Court of the Republic of Indonesia on the election of the Regent and Deputy Regent of Yalimo Regency, Papua Province, in 2020 that do not adhere to the principle of permanent and final legal force. The Constitutional Court's decision on the dispute over the election of the elected Regent and Deputy Regent resulted in a lengthy case due to the possibility of re-election, which still resulted in general election disputes. The author discusses the consequences of re-election, which has the potential for ongoing disputes at the Constitutional Court of the Republic of Indonesia, as well as non-compliance with the principle of final punishment, which has permanent legal force from the standpoint of fairness and justice. Findings from the study of the proposed candidate having been sentenced by the court, as well as the validity of the vote count results in the District that has been declared valid and not re-voted in the Constitutional Court Decision Number 97/PHP.BUP-XIX/2021 (Study of Constitutional Court Decision Number 145/PHP BUP-XIX/2021) are also presented. According to this study, in the dispute over the election of Yalimo's regent and deputy regent, the judge decided on the same case, which had permanent legal force and violated the principle of legal certainty.

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이장섭 and 심성지. "Administrative decision and ADR of Environmental Disputes." Dispute Resolution Studies Review 12, no. 3 (December 2014): 33–60. http://dx.doi.org/10.16958/drsr.2014.12.3.33.

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Cooney, Catherine M. "Models gauge pollution in environmental justice disputes." Environmental Science & Technology 32, no. 21 (November 1998): 488A—489A. http://dx.doi.org/10.1021/es983790+.

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Bingham, Gail. "Resolving environmental disputes: A decade of experience." Environmental Impact Assessment Review 7, no. 3 (September 1987): 253–55. http://dx.doi.org/10.1016/0195-9255(87)90014-x.

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AYALEW, Negesse Asnake. "Long Rang Trans-Boundary Air Pollution Smelter Case Arbitration Outcome." International Journal of Environmental, Sustainability, and Social Science 1, no. 1 (March 31, 2020): 9–14. http://dx.doi.org/10.38142/ijesss.v1i1.11.

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The purpose of the investment is to bring benefits to the owners and sustainable development for the local community and for future generations. Arbitration is the process of resolving legal disputes between individuals, groups and countries. Every investment activity must ensure sustainable development to respect the rights of future generations. However; Canadian zinc smelting companies emit sulfur dioxide and cause air pollution in the United States. This created a dispute between Canada and the United States, then they agreed to settle it through a neutral arbitration court. As a result, this arbitration court ruling creates two principles of international environmental law primarily; the polluter pays the principle and obligation of the state not to damage the environment outside its jurisdiction. This arbitration award establishes the concept of Harm across borders and the principle of polluter pays to ensure the sovereignty of international environmental law. Therefore; if disputes arise between countries, they can resolve them through peaceful dispute resolution mechanisms such as negotiation, mediation and arbitration

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Tienhaara, Kyla. "What You Don't Know Can Hurt You: Investor-State Disputes and the Protection of the Environment in Developing Countries." Global Environmental Politics 6, no. 4 (November 2006): 73–100. http://dx.doi.org/10.1162/glep.2006.6.4.73.

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Recent years have seen a substantial increase in investor-state disputes. In many cases matters of public interest, including environmental regulations, are being tried. While it is crucial to assess the outcomes of investor-state disputes that involve matters of public policy, the procedures followed in investment arbitration make this difficult and, in some cases, impossible. This is relevant not only for researchers, but also crucially for regulators. This article focuses on how the lack of transparency in arbitration, and the lack of consistency of tribunal decisions, creates uncertainty for regulators. This uncertainty, when combined with the financial risk involved in proceeding to arbitration, may create situations in which the threat of an investment dispute is sufficient to convince a government to reverse, amend or fail to enforce an environmental regulation—a phenomenon referred to as regulatory chill. These issues are explored in an Indonesian case involving a dispute over mining contracts in protected forests.

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Cummins, Tom, Ruby Hamid, Eleanor Reeves, Thomas Karalis, and Matthew Harnett. "ESG litigation – how companies can get ready, respond and resolve claims." Journal of Investment Compliance 22, no. 5 (October 11, 2021): 385–98. http://dx.doi.org/10.1108/joic-07-2021-0032.

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Purpose To highlight ESG litigation risks and present an overview of the present landscape of ESG disputes in Europe – with a particular focus on England – and globally. Design/methodology/approach This article provides an overview of ESG factors, how they impact on companies, and potential claims that can arise from ESG issues. It also provides recommendations on how companies can prepare for, respond to, and ultimately resolve ESG disputes. Findings The number of ESG cases that are being brought (and won) by claimants in various courts around the world is rapidly increasing. There is a need for companies to prepare for, respond to, and resolve ESG disputes that they may become party to. Practical implications Companies need to take notice of the growing trend of ESG disputes and claims being brought, and in particular prepare for, respond to, and resolve them. Originality/value Expert analysis and guidance from experienced dispute resolution and environmental lawyers.

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Alkhayer, J., N. Gupta, and C. M. Gupta. "Role of ADR methods in environmental conflicts in the light of sustainable development." IOP Conference Series: Earth and Environmental Science 1084, no. 1 (October 1, 2022): 012057. http://dx.doi.org/10.1088/1755-1315/1084/1/012057.

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Abstract Sustainable development could not be envisaged regardless of protection of the environment and natural resources and achieving economic growth detached from resource use, in other words, sustainable development relies on environmental sustainability. On the other hand, Goal 16 of the 2030 Agenda for Sustainable Development, calls for peace, justice, and strong institutions to promote rule of law and access to justice at a global level. Settlement of environmental conflicts is an integral part of environmental sustainability and a part of accessing justice as well. In the light of increasing environmental challenges as a result of the continuous increasing rate of population and lack of global use of the renewed resource of energy has had a substantial influence on the environment, resulting in a corresponding increase in environmental conflicts. With the significantly varied court systems of nations throughout the world and the less efficiency of most of these systems, the question of rethinking and rebuilding effective alternative dispute resolution and further its role in environmental conflicts could be basic and urgent. But on the other hand, alternative dispute resolutions (ADR) have also barriers and negative aspects. The present paper examines and studies the role of ADR methods in environmental disputes and evaluates its efficiency and research on factors that lead to its success or its failure by studying real environmental conflicts from different countries to provide recommendations and suggestions to boost ADR methods in environmental disputes.

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Gillespie, John, Thang Nguyen, Canh Le, and Hung Nguyen. "From “Weak” to “Strong” Sustainability: Protesting for Environmental Justice in Vietnam." Journal of Vietnamese Studies 14, no. 3 (2019): 1–42. http://dx.doi.org/10.1525/vs.2019.14.3.1.

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Rapid industrialization has come at a high cost to the natural environment in Vietnam. Frustrated with regulatory inaction, Vietnamese citizens from many social backgrounds have taken direct action to protect their country’s natural environment. Most studies about environmental disputes in Vietnam have focused on large-scale conflicts, leaving smaller-scale rural disputes comparatively under researched. Drawing on in-depth interviews, this article explores how knowledge about environmental activism can transform the claims made in small-scale disputes. It examines why these disputes can sometimes succeed in mitigating environmental harm when complaints through administrative and judicial avenues fail.

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Ozawa, Connie P. "Science in Environmental Conflicts." Sociological Perspectives 39, no. 2 (June 1996): 219–30. http://dx.doi.org/10.2307/1389309.

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Science plays a major part in environmental conflict. How that role is defined is determined by the human actors engaged in the conflict and the legal and institutional constructs that structure discourse. This article begins by tracing the authority invested in science to ideological assumptions about scientific methodology. Then, four common roles for science in environmental conflict (discoverer, mechanism of accountability, shield, and tool of persuasion), are described. These roles are increasingly unproductive in resolving environmental conflict, partly due to the misfit between the actual conduct of science and its ideal. This article proposes that a new role, one that is more consistent with a social constructionist view of science, has been crafted as a byproduct of decision-making innovations that prescribe explicit negotiations among representatives of groups engaged in an environmental dispute. As a tool of facilitation, science may be used more constructively to resolve environmental disputes.

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Triana, Nita, Naqiyah Mukhtar, Farah Nuril Izza, and Ade Tuti Turistiati. "Strengthening Rembugan as A Mediation Model in The Resolution of River Water Pollution Disputes (A case study in Purbalingga, Central Java, Indonesia)." LAW REFORM 18, no. 2 (August 19, 2022): 205–21. http://dx.doi.org/10.14710/lr.v18i2.47743.

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Purbalingga as an industrial area is prone to pollution that has a detrimental impact on society and the environment. It is necessary to find a way that can bring together the parties involved to peacefully resolve environmental disputes. The purpose of this study is to strengthen rembugan as a mediation model for resolving pollution disputes in the old industrial area. This research is qualitative research with a socio-legal approach, by conceptualizing law as non-doctrinal. The results showed that rembugan is a community culture in dispute resolution that reflects the values of local wisdom possessed by the Purbalingga community, namely the attitude of the parties to accept and use consensus methods in dispute resolution. The purpose of rembugan is to achieve harmony and togetherness. The mediator is the Environment Agency (DLH) and Village Head (Kepala Desa). Strengthening rembugan position in the dispute resolution model is supported by Purbalingga community culture, whose characters are honest, free, open, egalitarian, and accepting of consensus. Strengthening rembugan as a mediation model is also supported by government institutions such as village heads and Environment Agency, and is formally regulated in Law No. 32 of 2009 concerning environmental protection and management.

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Mukasheva, A., and A. Ibrayev. "Judicial practice of environmental rights protection in civil proceedings." BULLETIN of the L.N. Gumilyov Eurasian National University. Law Series 132, no. 3 (2020): 30–43. http://dx.doi.org/10.32523/2616-6844-2020-132-3-30-43.

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This article deals with the issues of judicial practice for the protection of environmental rights. The analysis of court cases is carried out and the main circle of requirements generating dispute is revealed in the field of protection and use of environment. Disputes arising from land relations are resolved by the land commission acting on a permanent basis, the decision of which can be appealed in court. The conclusions of the article are reduced to the creation of environmental courts in the Republic of Kazakhstan, which will consider cases related to any violations of environmental, land, water and other legislation in the field of use and protection of the environment.

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Journal articles on the topic 'Environmental disputes'

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