Tesis sobre el tema "Environmental dispute resolution"
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McCone, D. Sean. "Dispute resolution strategies for construction projects". Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/8309.
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Includes bibliographical references (p. 160-167).
One of the most important, but often overlooked steps in developing a project is a plan to prevent and handle conflict, a Conflict Management Plan. Leading construction experts have identified Productivity, Innovation, Cost Control, Safety, and Litigation Expenses as critical areas in need of improvement in the construction industry of this next century. In the United States alone, $60 billion are spent every year on lawsuits, of which the construction industry accounts for nearly $5 billion. Various dispute avoidance and resolutions techniques are presented that aim to prevent disputes before they arise and minimize the impacts if they do. These techniques are the tools then used in the Conflict Management Plan. A Conflict Mitigation Plan looks at each project individually to establish a set of criteria for controlling conflicts. It assesses how much conflict you will encounter, how severe each conflict might be, then presents cost effective ways to avoid conflict and curb these disputes. Similar to the contract documents it should be complete, unbiased, understood, and accepted by all the parties involved. All of the project participants such as the owners, the owner's representatives, designers, lawyers, and contractors are responsible for designing, reviewing and revising it accordingly. No one person or field should be responsible for developing this plan. Designing a conflict mitigation plan compels the owner to contemplate the conflict that might arise. This will allow the owner to allocate these risks and develop a plan to handle discrepancies. By doing this upfront and with each subsequent review, everyone involved has agreed to follow this plan, reducing the push for lengthy, costly court proceedings. To implement a Conflict Management Plan one must assess the project situation by identifying the sources of conflict that might occur, then analyze the severity and impact each of these conflicts might have. Match the conflict with a corresponding DART, to reduce or avoid the conflict. Draft the plan. Review and revise it as needed.
by D. Sean McCone.
S.M.
Murray, Carol Elizabeth. "Transforming environmental dispute resolution in Jasper National Park". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ39571.pdf.
Texto completoSchoeman, 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.
Texto completoLeung, Brian Ming-yuen. ""What is the role of ADR in the existing and future environmental dispute mechanism in Hong Kong?"". access abstract and table of contents access full-text, 2003. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b18508315a.pdf.
Texto completoJakku, Emma y n/a. "Murky Waters? Science, Politics and Environmental Decision-Making in the Brisbane River Dredging Dispute". Griffith University. Australian School of Environmental Studies, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20040810.131650.
Texto completoJakku, Emma. "Murky Waters? Science, Politics and Environmental Decision-Making in the Brisbane River Dredging Dispute". Thesis, Griffith University, 2004. http://hdl.handle.net/10072/366055.
Texto completoThesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Australian School of Environmental Studies
Full Text
Harris, Katharine. "Dispute resolution to help prevent or resolve groundwater conflict in rural southwestern Ontario". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0030/MQ27352.pdf.
Texto completoMirindo, Frank. "Environmental Dispute Resolution in Tanzania and South Africa: A Comparative Assessment in the Light of International Best Practice". Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9222_1263173869.
Texto completoThis research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes.
Kennedy, James F. (James Francis). "Computer supported negotiation and dispute resolution in the large scale civil engineering and construction domain". Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/10739.
Texto completoBorrie, N. C. "An evaluation of the use of mediation in environmental dispute resolution under s.268 of the Resource Management Act 1991". Lincoln University, 2002. http://hdl.handle.net/10182/2118.
Texto completoSosa, Carlos E. (Carlos Ernique) 1966. "State of the art review of methodologies for dispute avoidance and resolution in large scale engineering systems". Thesis, Massachusetts Institute of Technology, 1999. http://hdl.handle.net/1721.1/80179.
Texto completoMajidi, Naz E. (Naz Emilie) 1979. "Evaluation framework of construction alternative dispute resolution methods through an integrated model of real options, probabilistic analysis and system dynamics". Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/85384.
Texto completoShortall-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.
Texto completoKoller, David. "A Solution Under Pressure: Integrating Facilitative Practices into Water-Related Civil Litigations". Thesis, University of Oregon, 2017. http://hdl.handle.net/1794/22745.
Texto completoMiller, Brian L. (Brian Lindsay) Carleton University Dissertation Geography. "Understanding the role of environmental dispute resolution in the planning of national parks in Canada; a case study in the formation of South Moresby National Park Reserve". Ottawa, 1992.
Buscar texto completoWhite, Joanna Elizabeth. "Renewable Energy Zoning: Cutting Green Tape While Improving Ecological Outcomes for Renewable Energy Projects". ScholarWorks @ UVM, 2014. http://scholarworks.uvm.edu/graddis/284.
Texto completoHolznagel, 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.
Texto completoHaraway, William M. "Internal dispute resolution : the legal environment of complex public organizations /". Diss., This resource online, 1999. http://scholar.lib.vt.edu/theses/available/etd-02272007-092417/.
Texto completoMelton, Tamara Lim. "Cultivating Collaborative Partnerships in Natural Resource Conservation: Lessons Learned from the Big Darby". Ohio : Ohio University, 2003. http://www.ohiolink.edu/etd/view.cgi?ohiou1059425328.
Texto completoDarby, 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.
Texto completoWilliams, 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.
Texto completoLy, Jennifer K. "Coastal change analysis of Lovells Island using high resolution ground based LiDAR imagery". Thesis, University of Massachusetts Boston, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1566549.
Texto completoMany methods have been employed to study coastline change. These methods range from historical map analysis to GPS surveys to modern airborne LiDAR and satellite imagery. These previously used methods can be time consuming, labor intensive, and expensive and have varying degrees of accuracy and temporal coverage. Additionally, it is often difficult to apply such techniques in direct response to an isolated event within an appropriate temporal framework. Here we utilize a new ground based Canopy Biomass LiDAR (CBL) system built at The University of Massachusetts Boston (in collaboration with the Rochester Institute of Technology) in order to identify and analyze coastal change on Lovells Island, Boston Harbor. Surveys of a bluff developing in an eroding drumlin and beach cusps on a high-energy cobble beach on Lovells Island were conducted in June, September and December of 2013. At each site for each survey, the CBL was set up and multiple scans of each feature were taken on a predetermined transect that was established parallel to the high-water mark at distances relative to the scale of the bluff and cusps. The scans from each feature were compiled, integrated and visualized using Meshlab. Results from our surveys indicate that the highly portable and easy to deploy CBL system produces images of exceptional clarity, with the capacity to resolve small-scale changes to coastal features and systems. The CBL, while still under development (and coastal surveying protocols with it are just being established), appears to be an ideal tool for analyzing coastal geological features and is anticipated to prove to be a useful tool for the observation and analysis of coastal change. Furthermore, there is significant potential for utilizing the low cost ultra-portable CBL in frequent deployments to develop small-scale erosion rate and sediment budget analyses.
Horton, Lindsey B. "High-Resolution Environmental Magnetic Properties and Relative Geomagnetic Paleointensity of IODP Expedition 339 (Site U1389)". Thesis, University of Louisiana at Lafayette, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10250510.
Texto completoThe Mediterranean Outflow Expedition, which concluded in early 2012, provides an outstanding opportunity to address paleoceanographic questions about the evolution of the Mediterranean and North Atlantic climate system over the past six million years. The expedition recovered over 6 km of sediments. This provides an excellent archive for the study of paleoclimatic, paleoceanographic, and other paleoenvironmental changes and will also provide chronostratigraphic, plate tectonic, and geomagnetic constraints. Results are presented from the upper part of Site U1389 (36 25.515’N; 7 16.683’W), which is located approximately 90 km west of the Spanish city of Cadiz, in a water depth of 644 mbsl. This site is located in the “channels and ridges” sector of the larger Cádiz Contourite Depositional System (CDS). The sedimentary section extends for 990 m from the early Pliocene to Holocene and is represented by a thick, rapidly accumulated, and very uniform series of contouritic sediment. Paleomagnetic and rock magnetic measurements were carried out at 1-cm resolution on 36 m of U-channel samples from the composite stratigraphic section with the goal of extracting a high-resolution record of the magnetostratigraphy, the relative geomagnetic paleointensity, and the variability of the paleoenvironmental conditions. Step-wise demagnetization of the natural remanent magnetization yielded a well-defined interval over a portion of the Holocene with the deepest part of the section being younger than 60 ka. Sediment ages were determined by using an age model based on proprietary oxygen isotope data from Francisco J. Sierro. Interpolation of the age model shows sedimentation rates averaging near 70 cm/kyr. A relative paleointensity record was extracted by normalizing the NRM by ARM. These results along with the lack of power in the Milankovitch frequencies in the spectral analysis of the NRM/ARM and NRM/k signals support the interpretation that the RPI record is not influenced by environmental factors and accurately represents changes in global-scale paleomagnetic field intensity. Interpretation of the environmental records indicates cyclic warming and cooling, as that correlates well with sapropels, finer grains and warmer climate, and Heinrich Events, coarser grained IRD and cooling climate.
The comparison of IODP U1389 to proven records of GLOPIS reveals a high fidelity with few discrepancies and due to the locality of the site, proves the reliability of the RPI records. All usual criteria for paleointensity studies suggest that the upper portion of Site U1389 yielded a reliable high-resolution record of relative paleointensity, which provides a vital basis for global correlations of future studies.
Telli, Isadora Postal. "Investimento estrangeiro e meio ambiente: uma análise sobre o tratamento das questões ambientais suscitadas nos casos decididos pelo ICSID entre 2000-2013". Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-08122015-144246/.
Texto completoThe new context of International Law pursues the accommodation of economic interests to the needs of environmental protection, in line with the sustainable development. To that particular, the foreign investment is a key element and contributes to a closer relation between the Foreign Investment International Law and the Environmental International Law, inasmuch as in relation to the enactment of substantive laws, as towards to enforcement procedures. Although there are several studies aiming at demonstrating how foreign investments may contribute to the environmental protection, few has been written about the most practical aspects of such interaction. For a long time, the vague and imprecise character of the provisions in environmental treaties turn harder their enforcement towards the investment transactions. However, the growth in conscience on environment protection of a substantial portion of the world population has given life to clauses with environmental content that were dormant until recently. In this context, the objective of this study is to make an empiric analysis on the treatment granted to environmental matters raised in cases decided by the tribunals of the International Centre for Settlement of Investment Disputes, the ICSID, in the period between 2000 and 2013. For that, this research is divided in three parts. The first one is dedicated to the historical context that allowed the approximation between Foreign Investment International Law and Environmental International Law. In the second part the ICSID is presented, to allow a better comprehension of its organization and functioning and, mainly, the forms in which environmental matters can be raised within the scope of investment disputes. And, finally, the results obtained with the empiric research on the decisions enacted by the ICSID tribunals are presented, with a systematization of the arguments used by the involved parties, as well as the arguments adopted by the tribunals to decide the investment disputes comprising environmental matters.
Yu, Shuoe-Yien. "Environmental dispute and mediated bargaining in Taiwan". 2001. http://catalog.hathitrust.org/api/volumes/oclc/51853077.html.
Texto completoPeng, Chuen Ling y 彭春翎. "Well-being: Exploring the Dispute and Resolution of Environmental Economic Theory". Thesis, 2016. http://ndltd.ncl.edu.tw/handle/9329un.
Texto completo國立中央大學
哲學研究所
104
This paper intents to break through the bottleneck in philosophy by Environmental Economic Theory. Although liberalism and communitarianism had promulgated excellent treatises about Well-being, there are apparently some issues have to be revised. The way to resolve is revising life attitude himself and practing matter solution by the position of amend Anthropocentrism. The major task is exploring the origin of environmental impetus of Environmental Ethics. Leopold considered that love environment through admire good can cradling it. However, the way to start up love is the wisdom of ancient China and resolve matter by Intuitionism, then the emergence theory is the brilliant method of solution. Except review the interrelated academic research, literature mutual consult, signification-disclosed method and intermediate connections are the method of research. Not to establish some kind of competition theory, eliminate the conflicts of positive value during our life by Environmental Ethics value orientation of the root cause of the inquiry as a problem solving approach. Introspect and reflect that basis of Environmental Ethics which is the most important to overall harmonious relationship between man and nature. It was found during the process of exploration. All scholars of Environmental Economic theory which try hard in pursuit of quality of life have tried to find out the prokinetic of individual practice and introspecting from the root cause of Environmental Ethics, Environmental Aesthetics and Environmental Economic. Finally, encouraging individuals to change excessive consumption lifestyle on concrete actions then who can admires the great beauty in the world.
Kasai, Erika. "Public participation in Canadian environmental decision-making : form without function?" Thesis, 2000. http://hdl.handle.net/2429/10439.
Texto completoKavela, L. T. T. "Developing a land information systems (LIS) application for communal land dispute resolution : a case study of the Oshana Communal Land Board". Thesis, 2005. http://hdl.handle.net/10413/3437.
Texto completoThesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.
Monteiro, Ana Lídia Silva Mello. "Os métodos alternativos de resolução de disputas para uma tutela ambiental efetiva". Master's thesis, 2020. http://hdl.handle.net/1822/74349.
Texto completoA presente Dissertação está inserida na Linha de Pesquisa Direito e Jurisdição e de Direito Administrativo, e tem por finalidade analisar as possibilidades, condições e limites da utilização dos métodos alternativos de resolução de disputas (ADR) para o alcance de maior efetividade no âmbito da tutela coletiva ambiental no contexto jurídico brasileiro. Identifica-se como problema da pesquisa a inadequação da solução adjudicada das disputas em torno do meio ambiente para equacionar todos os problemas que decorrem de tais conflitos complexos e abrangentes. As hipóteses propostas ao enfrentamento do problema são no sentido de que a utilização dos métodos alternativos de resolução de disputas é meio idôneo ao alcance de maior efetividade na tutela coletiva em matéria ambiental, devendo, por outro lado, utilizar-se desses métodos de forma cautelosa e condicionada, respeitando-se a complexidade dos conflitos e a natureza indisponível dos direitos envolvidos. A pesquisa foi desenvolvida a partir de revisão bibliográfica, análise da legislação brasileira e portuguesa e outras normas regulamentares e internacionais, entendimentos jurisprudenciais, dados estatísticos do Conselho Nacional de Justiça e informações veiculadas na imprensa eletrônica. Na fase de investigação, utilizou-se o método indutivo; na fase de Tratamento dos Dados, trabalhou-se com o método cartesiano, e; no resultado das análises, constante do Relatório da Pesquisa, o método empregado foi o indutivo. Após a pesquisa, verificou-se que, à luz do ordenamento brasileiro, no qual se estabeleceu uma ordem pública ambiental, a utilização dos ADR na tutela coletiva ambiental é capaz de proporcionar maior efetividade na proteção dos direitos transindividuais relativos ao meio ambiente. Os métodos de viés consensual, especialmente, mostram-se como caminhos adicionais para a obtenção da tutela ambiental efetiva, juntamente com as vias do comando-e-controle e dos mecanismos tradicionais do microssistema da tutela coletiva. Numa análise comparativa do ordenamento português, tal conclusão foi também obtida, guardadas diferenças pontuais. As práticas europeia e portuguesa, outrossim, indicam haver experiências positivas com a aplicação dos ADR em casos de conflitos relacionados ao meio ambiente. Destarte, os meios consensuais de resolução de disputas - notadamente o método da mediação - podem proporcionar a construção da resolução dos conflitos ambientais superando os óbices da complexidade, amplitude e interdisciplinariedade desses bens e direitos, do formalismo excessivo das regras processuais e da postura adversarial das partes envolvidas. Obtempera-se, contudo, que sua utilização deve observar as peculiaridades inerentes ao caráter complexo, difuso e indisponível do meio ambiente, não cabendo renúncia a direitos ou violação da legalidade.
This Dissertation is inserted in the Research Line Law and Jurisdiction and Administrative Law, and aims to analyze the possibilities, conditions and limits of the use of alternative dispute resolution methods (ADR) to achieve greater effectiveness in the scope of collective tutelage in the Brazilian legal context. It is identified as research problem the inadequacy of the adjudicated solution of the disputes over the environment to solve all the problems that result from such complex and wide-ranging conflicts. The hypotheses proposed to face the problem are in the sense that the use of alternative methods of dispute resolution is a suitable means to achieve greater effectiveness in collective protection in environmental matters, although, on the other hand, these methods should be used cautiously and conditioned, respecting the complexity of the conflicts and the unavailable nature of the rights involved. The research was developed from a bibliographic review, analysis of Brazilian and Portuguese legislation and other regulatory and international standards, jurisprudential understandings, statistical data from the National Council of Justice and information published in the electronic press. In the investigation phase, the inductive method was used; in the Data Treatment phase, the Cartesian method was used, and; in the result of the analyzes, contained in the Research Report, the method used was the inductive one. After the research, it was found that, in the light of the Brazilian law, in which an environmental public order was established, the use of ADR in collective environmental protection is able to provide greater effectiveness in the protection of transindividual rights related to the environment. Consensual methods, especially, show themselves as additional ways to obtain effective environmental protection, along with the command-and-control pathways and the traditional mechanisms of the collective protection microsystem. In a comparative analysis of the Portuguese system, such a conclusion was also obtained, keeping specific differences. European and Portuguese practices, on the other hand, indicate positive experiences with the application of ADR in cases of conflicts related to the environment. Thus, the consensual means of resolving disputes - notably the mediation method - can provide the construction of the resolution of environmental conflicts overcoming the obstacles of the complexity, breadth and interdisciplinarity of these goods and rights, the excessive formalism of the procedural rules and the adversarial stance of the related parties. However, it has been obeyed that its use must observe the peculiarities inherent to the complex, diffuse and unavailable character of the environment, with no waiver of rights or violation of legality.
Sewell, Kirsty. "The role of non-governmental organizations in the articulation and enhancement of participatory rights in environmental decision-making as evidenced in the process leading up to and after MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2". Thesis, 2015. http://hdl.handle.net/1828/6071.
Texto completoGraduate
0398
0617
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kirstye99@gmail.com
Hwa, Li Kang y 李康華. "Establishing the Environmental Disputes Resolution System of Petrochemical Industries of the Republic of China ---- Policy Stakeholders Analysis". Thesis, 1993. http://ndltd.ncl.edu.tw/handle/11588745259456715677.
Texto completoModimoeng, Keabetswe. "The effects of corporate social responsibility on community dispute resolutions in the South African mining sector". Thesis, 2017. http://hdl.handle.net/10321/2610.
Texto completoThe South African mining sector has over the years been perceived to be exploitative and not responsive to the investment interest of immediate stakeholders where they extract (local communities and labour). The perception of non-investment has resulted in amongst others, extensive community and labour unrests leading up to mass killings of mine workers at Marikana by the South African Police. The South African government has enacted policies to guide Corporate Social Responsibility (CSR) for the sector but the historic problems associated with this sector persists. As a result of community concerns around mining CSR, communities are mobilising around civic organisations, with the aim of brining the mining sector to account and fostering community development in their localities. This research explores and analyses if the mining sector adheres to CSR in their ventures and how communities perceive the sector’s activities and CSR approaches. The epistemological foundations of this research are mainly positivist adopting theoretical assumptions of the stakeholder theory. The research methods are however those of mixed methods – quantitative sequential qualitative methods. The subsequent research designs are a survey in the quantitative methods and exploratory interviews in the qualitative methods. Data was gathered using a survey questionnaire in the quantitative methods and recorded phenomenological interviews in the qualitative methods. Data was gathered from a sample of 200 community members in the two sampled mining areas of Marikana (100) and Carletonville (100). The former is a platinum belt and the latter is an old gold mining area. To augment quantitative data from the field survey sequential qualitative data was collected through semi-structured interviews (phenomenological interviews) with mining company executives, government leaders, trade unions leadership as well as community members in Makhado and Tshikondeni mining sites. The researcher encountered various limitations including travels to remote areas with lengthy distances on gravel roads, and respondents’ “over-researched” attitudes especially in Marikana and Makhado. The findings suggest that the mine workers’ location, living and working conditions influence their understanding and therefore definition of CSR. Although numerous CSR definitions emerged in the case of Marikana CSR was equated to basic service provision similar to those provided for by the municipality like houses, schools, roads and clinics. In the case of Carletonville which is a well-developed mining town, CSR meant skills development, local enterprise development and provision of bursaries. It emerged that the majority of community members are not aware of the CSR programmes implemented in their localities. Respondents further cited collusive corrupt activities between the mining companies, traditional authorities and municipal leadership as the main deterrent to CSR and to local economic development. Overall findings suggest that the mining sector is adherent to CSR legislation at the minimal level but this does not meet the needs and expectations of community members. The mismatch between community expectations and their understanding of CSR does not align with government policy on CSR requirement of the mining sector. The study recommends, among others, that bold and decisive government enforcement of penalties, which include consistent revoking of mining licences for non-CSR compliance by mining companies. The thesis also highlights the implications for managers as the rise of civic organisations propels a new engagement approach between mining companies and communities. This new approach would have inherent challenges such as delays in reaching consensus and exposing mining companies to internal community politics. Additionally, the study recommends future research be focused on evaluating constitutional powers of traditional leaders in relation to community interests in mining CSR. Furthermore, research could be conducted to establish previous compliance records on post-mining social commitments and environmental rehabilitation of mining companies in South Africa. This thesis brings to the fore, an illustration of the emergent bargaining power communities has and how it compels mining corporates to engage with communities more consultatively. Failure to do so, result in situations such as Coal of Africa impasse in the Makhado area where losses amounting to billions of Rands are incurred.
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Silva, Alessandra Vick Coelho da. "Mediação ambiental". Master's thesis, 2017. http://hdl.handle.net/10316/81108.
Texto completoThe present study has as its purpose to elucidate the advantages and possibilities on the application of mediation as a way of dispute resolutions on the environmental sphere. The first chapter points Alternative Dispute Resolutions and the right to have access to justice, the elements on mediation and its distinction with other ways of dispute resolutions. The second chapter studies the characterizing principles of mediation and its relevance on environmental theme, its advantages (flexibility, promptitude and reduced costs, mutual gain, maximization of public and private interests, empowerment of the parties, dispute resolutions by constructive dialogue, appreciation and participation of all involved, creativity and possibilities on agreement, relationship preservation among the parties and social pacification) and disadvantages on environmental mediation, as well as the phases of this procedure. The third chapter highlights the characteristics on environmental disputes (multilateral conflicts, interests – public and private, present and future – technicity and scientificity, urgency of the theme, uncertainty context, transnational and global character) and verifies the adequacy of mediation on the environmental theme facing the criticism and presenting proposals that encourage the use of this instrument. In conclusion, practical cases are shown (Environmental Conflict Resolution and the MARGov Project), along with legislatives modifications suggestion required to the implementation of the Environmental Mediation’s Public System, the need for monitoring and the implementation of the mediate agreements, foundation of Environmental Mediation Center, Multi-door Courthouse, Environmental Mediation Centers and Permanent Technical Commission. The objective is to create conditions to the development and application of environmental mediation as specialized instrument, simple, safe, prompt and effective on environmental dispute resolution.
Este trabalho tem por finalidade esclarecer as vantagens e possibilidades de utilização da mediação como meio de resolução de conflitos na esfera ambiental. No primeiro capítulo, apontam-se os Meios Alternativos de Resolução de Conflitos e o direito de acesso à justiça, os elementos da mediação e sua distinção com os outros meios de resolução de conflitos. No segundo capítulo, estudam-se os princípios caracterizadores da mediação e sua aplicabilidade em matéria ambiental, as vantagens (flexibilidade, celeridade e custos reduzidos, ganho mútuo, maximização de interesses públicos e privados, empoderamento das partes, resolução dos conflitos por meio do diálogo construtivo, valorização e participação de todos os interessados, criatividade e possibilidades do acordo, preservação do relacionamento entre as partes e a pacificação social) e desvantagens da mediação ambiental, bem como as fases desse procedimento. No terceiro capítulo, destacam-se as características dos conflitos ambientais (conflitos multilaterais, interesses – públicos e privados, atuais e futuros – tecnicidade e cientificidade, urgência da matéria, contexto de incerteza, caráter transnacional e global) e verifica-se a adequação da mediação na seara ambiental, enfrentando as críticas e apresentando propostas que incentivem a utilização deste instrumento. Por fim, apresentam-se casos práticos (Environmental Conflict Resolution e o Projeto MARGov), bem como a sugestão de alterações legislativas necessárias para a implantação do Sistema Público de Mediação Ambiental, a necessidade de monitoramento e acompanhamento da implementação dos acordos mediados, criação de Câmaras de Mediação Ambiental, Tribunal Multiportas, Núcleos de Mediação Ambiental e Comissão Técnica Permanente. Tudo com o objetivo de criar condições para o desenvolvimento e aplicação da mediação ambiental, como instrumento especializado, simples, seguro, célere e eficaz na resolução dos conflitos ambientais.
"High-resolution architectural evolution of depositional elements in deep-marine slope environments: The Quaternary Niger Delta slope, Quaternary southwest Grand Banks slope, Canada, and Cretaceous Tres Pasos Formation, Chile". STANFORD UNIVERSITY, 2009. http://pqdtopen.proquest.com/#viewpdf?dispub=3351485.
Texto completoRancier, Racquel. "Assessing tribal water rights settlements as a means for resolving disputes over instream flow claims : a comparative case approach". Thesis, 2012. http://hdl.handle.net/1957/29495.
Texto completoGraduation date: 2012