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Artículos de revistas sobre el tema "Environmental dispute resolution"

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Autor: Grafiati
Publicado: 4 de junio de 2021
Última modificación: 20 de febrero de 2023

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1

Stephen, Ninian. "Environmental Dispute Resolution". Australian Zoologist 28, n.º 1-4 (diciembre de 1992): 10–15. http://dx.doi.org/10.7882/az.1992.003.

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2

David Colfax, J. "Environmental dispute resolution". Journal of Rural Studies 1, n.º 3 (enero de 1985): 295–96. http://dx.doi.org/10.1016/0743-0167(85)90125-1.

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3

Zhao, Y. "Environmental Dispute Resolution in China". Journal of Environmental Law 16, n.º 2 (1 de febrero de 2004): 157–92. http://dx.doi.org/10.1093/jel/16.2.157.

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4

Levinson, Alfred. "ENVIRONMENTAL DISPUTE RESOLUTION AND POLICY MAKING". Policy Studies Journal 16, n.º 3 (marzo de 1988): 575–84. http://dx.doi.org/10.1111/j.1541-0072.1988.tb01869.x.

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5

Rabe, Barry G. "THE POLITICS OF ENVIRONMENTAL DISPUTE RESOLUTION". Policy Studies Journal 16, n.º 3 (marzo de 1988): 585–601. http://dx.doi.org/10.1111/j.1541-0072.1988.tb01870.x.

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6

Akhriana, Asmah, Faizal Faizal y Andi Irmayana. "Perancangan E-Government Pelayanan Pengaduan Dan Penyelesaian Sengketa Lingkungan di Era Kebiasaan Baru Pada Dinas Lingkungan Hidup Kota Makassar". Telematika 19, n.º 1 (28 de febrero de 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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7

Tjukup, K., P. R. A. Potra y P. A. H. Martana. "Environmental Dispute Resolution Through Class Action Lawsuit". Journal of A Sustainable Global South 1, n.º 1 (14 de febrero de 2020): 16. http://dx.doi.org/10.24843/jsgs.2017.v01.i01.p05.

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The procedural law of Class Action is a legal concept known in the Anglo-Saxon legal system (Common Law). Whilst this concept is not recognised in the Continental European legal system (Civil Law), likewise in Indonesian civil procedure that based on Herzien Inlandsch Reglement (H.I.R) and Rechtsreglement voor de Buitengewesten (RBg). Initially, the procedural law of class action in Indonesian legal system was arranged consecutively under Law No. 23 of 1997 (Environmental Protection Law), Law No. 8 of 1999 on Consumer Protection and Law No. 41 of 1999 on Forestry. The arrangement of class action lawsuit in the substantive law was inspired by the recognition of class action lawsuit in the United States through Article 23 of the US Federal Rule of Civil Procedure prescribing that the requirements for filing class action lawsuit are as follows: numerosity, commonality, typicality, and adequacy of representation. In Indonesia there is no procedural law setting out the class action lawsuit, thus Supreme Court Regulation No. 1 of 2002 was enacted. The replacement of Law No. 23 of 1997 (Environmental Protection Law) by Law No. 32 of 2009 (Environmental Protection and Management Law) allows the application of the class action with reference to this Supreme Court Regulation. The arrangement of class action lawsuit in the Supreme Court Regulation No. 1 of 2002 still encounters many challenges in its application. The initial process i.e. certification is very decisive whether the lawsuit can be accepted or is qualified as a class action lawsuit. In conjunction with this, the judges' active role is very important whilst waiting for a specific and adequate legislation to establish the class action procedure. Meanwhilst, the judges are supposed to patch up the Supreme Court Regulation No. 1 of 2002. Keywords: Environmental Disputes, Procedural Law, Class Action Lawsuit
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8

Harashina, Sachihiko. "Environmental dispute resolution process and information exchange". Environmental Impact Assessment Review 15, n.º 1 (enero de 1995): 69–80. http://dx.doi.org/10.1016/0195-9255(94)00025-v.

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9

Hapsari, Dwi Ratna Indri, Aditya Aji Syuhadha Ilmiawan y Echaib Samira. "Non-litigation as An Environmental Dispute Resolution Mechanism in Indonesia". Indonesia Law Reform Journal 2, n.º 1 (31 de marzo de 2022): 55–66. http://dx.doi.org/10.22219/ilrej.v2i1.20756.

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Environmental problems have occurred in the global scope, both developed and developing countries. Environmental problems are not only problems of developed countries or industrialized countries including Indonesia. Efforts to overcome environmental problems in developing countries have no other choice but to carry out development. Without the level of development, people will decline, and the environment will be increasingly damaged. Development must still be carried out without damaging the environment. This balance must be maintained in order to preserve the environment. Indonesia has been paying attention to environmental management since 1972. Settlement of environmental disputes through litigation does not produce many results. Dispute resolution through non-litigation channels assumes that dispute resolution through litigation results in very disappointing results. This study wants to conduct a study related to the implementation of Government Regulation No. 54 of 2000 concerning Service Providers for Environmental Dispute Resolution Services Outside the Court and find obstacles and solutions in resolving environmental disputes out of court. The implementation of Government Regulation No. 54 of 2000 at the central government level has established a service provider institution based on the Decree of the State Minister of the Environment Number 77 of 2003 concerning the Establishment of an Out-of-court Environmental Dispute Resolution Service Provider (LPJP2SLH) at the Ministry of the Environment, but its performance has not yet been felt. Abstrak Masalah lingkungan telah terjadi dalam lingkup global, regional maupun nasional baik negara maju maupun negara berkembang. Masalah lingkungan bukan hanya masalah negara maju atau negara industri namun juga pada negara berkembang termasuk Indonesia. Upaya mengatasi permasalahan lingkungan di negara berkembang tidak ada pilihan lain selain melakukan pembangunan. Pembangunan tetap harus dilakukan tanpa merusak lingkungan. Keseimbangan ini harus dijaga agar kelestarian lingkungan tetap terjaga. Indonesia telah memperhatikan pengelolaan lingkungan sejak tahun 1972. Penyelesaian sengketa lingkungan melalui litigasi tidak banyak membuahkan hasil. Penyelesaian sengketa melalui jalur non-litigasi didasarkan pada asumsi bahwa penyelesaian sengketa melalui jalur litigasi memberikan hasil yang sangat mengecewakan. Penelitian ini ingin melakukan kajian mendalam Peraturan Pemerintah Nomor 54 Tahun 2000 tentang Penyelenggara Jasa Penyelesaian Sengketa Lingkungan Hidup di Luar Pengadilan, serta mencari kendala dan solusi penyelesaian sengketa lingkungan hidup di luar pengadilan. Pelaksanaan Peraturan Pemerintah Nomor 54 Tahun 2000 di tingkat pemerintah pusat telah membentuk lembaga penyedia layanan berdasarkan Keputusan Menteri Negara Lingkungan Hidup Nomor 77 Tahun 2003 tentang Pembentukan Layanan Penyelesaian Sengketa Lingkungan Di Luar Pengadilan Penyelenggara (LPJP2SLH) di Kementerian Lingkungan Hidup, namun kinerjanya belum optimal.
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10

Maguire, Lynn A. y Lindsley G. Boiney. "Resolving Environmental Disputes: a Framework Incorporating Decision Analysis and Dispute Resolution Techniques". Journal of Environmental Management 42, n.º 1 (septiembre de 1994): 31–48. http://dx.doi.org/10.1006/jema.1994.1058.

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11

Tharakan, Rachel Jacob y Kanika Lahoti. "Conquest of Sustainable Development through Reformative Mechanisms of ADR". European Journal of Sustainable Development 8, n.º 5 (1 de octubre de 2019): 254. http://dx.doi.org/10.14207/ejsd.2019.v8n5p254.

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An ever booming world population in the recent years have made a significant impact on the environment and a proportional rise in environmental issues. Amicable dispute settlement in environmental conflicts seem a far-fetched dream with the vastly different judicial systems of countries worldwide and thus, there exists a need for reinventing dispute resolution mechanisms to achieve the Sustainable Development Agenda. Goal 16 of the Sustainable Development Agenda calls for peace, justice and strong institutions and in furtherance of the same, The United Nations Environment Programme have discussed Alternative Dispute Resolution in Environmental Disputes as a part of Access to Justice. Like any other system, ADR also has its barriers to practical implementation. Moreover on a philosophical level, it is significant to question the ethics of environmental ADR as a form of restorative justice. With the help of this paper, the authors aim to examine and reconcile the identified benefits and issues of environmental ADR while focusing on the aspect of sustainable development. The authors also aim at evaluating the effectiveness of ADR on a global level and bring out the practicality of the mechanism in the same domain before concluding the paper with derived and intended suggestions.Keywords: Alternate Dispute Resolution Mechanism, Environmental Conflict, Sustainable Development, United Nations Environment Programme
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12

N. A., Alekseeva. "An Application of the Principles of Environmental Law in Resolution of Environmental Disputes". Rossijskoe pravosudie, n.º 9 (23 de agosto de 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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13

Idayanti, Soesi, Toni Haryadi y Evi Indriasari. "ONLINE DISPUTE RESOLUTION (ODR) AS AN ALTERNATIVE FOR ELECTRONIC TRANSACTION DISPUTE SETTLEMENT". Wacana Hukum 27, n.º 2 (30 de agosto de 2021): 18–25. http://dx.doi.org/10.33061/1.wh.2021.27.2.5882.

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The development of communication and information technology has an impact on all aspects of human life. Technology has changed the business world from traditional trading patterns to a more modern trading system, namely an online trading system known as electronic commerce (e-commerce). Electronic commerce/electronic-commerce/e-commerce is the distribution, sale, purchase, marketing of goods and services that rely on electronic systems, such as the internet, television, or other computer networks. The agreement is also made online, basically, an online sale and purchase agreement (e-commerce) is the same as a general sale and purchase agreement, which requires an agreement between the seller and the buyer regarding the goods or services being traded and the price for the goods or services. Alternative Dispute Resolution (ADR) is dispute resolution out of court. that the parties to the dispute by mutual agreement are free to choose the forms and procedures contained in the alternative dispute resolution and will be applied in dispute resolution. Agreements made online are expected to be completed online as well. For this reason, alternative dispute resolution is sought which is expected to facilitate the dispute resolution process with online transactions. One of the breakthroughs is by using an online arbitration model known as Online Dispute Resolution (ODR) so that the disputing parties can settle wherever they are.The method used is through normative legal research, which is a scientific research procedure to find the truth based on scientific logic from the normative side, carried out to produce arguments, theories, or new concepts as prescriptions in solving problems at hand. The nature of this research is descriptive-analytical. In the future, this discussion will open a new way to facilitate the Indonesian people, especially those seeking legal certainty, in resolving disputes using ODR
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14

Smith, Diane R. "Environmental mediation: Cutting to the chase in environmental dispute resolution". Remediation Journal 5, n.º 1 (diciembre de 1994): 1–5. http://dx.doi.org/10.1002/rem.3440050102.

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15

Triana, Nita, Naqiyah Mukhtar, Farah Nuril Izza y 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, n.º 2 (19 de agosto de 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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16

Khasanah, Karimatul. "Online Dispute Resolution (ODR) As an Alternative Dispute Resolution (ADR) of The Current Sharia Economics Issues in Indonesia". JURNAL HUKUM ISLAM 19, n.º 1 (17 de junio de 2021): 21–42. http://dx.doi.org/10.28918/jhi.v19i1.3883.

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The rapid development of sharia business activities and the development of Islamic Financial Institutions in Indonesia has the potential to cause disputes between the parties, therefore it is necessary to resolve disputes which should be in accordance with current conditions where almost all activities are carried out quickly and efficiently through the help of the internet. This study aims to find the legality of ODR in Indonesia and ODR in the perspective of sharia economic law. The method used is documentation with a normative juridical approach. The results showed that ODR is an effective method chosen by the parties in resolving sharia economic disputes because it is in accordance with current needs which require all activities quickly and easily. ODR also has a clear legal basis through Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In the perspective of sharia economic law, as long as the principles, objectives and mechanisms of ODR do not conflict with sharia principles, then ODR is the right choice in resolving disputes on Indonesia's sharia economy.
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17

Rohman, Adi Nur. "SHIFTING THE ROLE OF MEDIATION IN ISLAMIC INHERITANCE DISPUTES: AN OVERVIEW OF ISLAMIC LEGAL PHILOSOPHY". Diponegoro Law Review 7, n.º 2 (27 de octubre de 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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18

Maryanto, Maryanto, Lathifah Hanim y Dini Amalia Fitri. "PROCEDURE FOR RESOLVING CONSUMER DISPUTES THROUGH CONSUMER DISPUTE SETTLEMENT AGENCY (BPSK)". International Journal of Law Society Services 1, n.º 2 (26 de octubre de 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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19

Couzens, E. y M. Dent. "Finding Nema: The National Environmental Management Act, the De Hoop Dam, Conflict Resolution and Alternative Dispute Resolution in Environmental Disputes". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, n.º 3 (5 de julio de 2017): 1. http://dx.doi.org/10.17159/1727-3781/2006/v9i3a2829.

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At a time when it is recognised that large dams have potentially serious environmental consequences; it appears that a dam, the De Hoop dam, is to be constructed in Mpumalanga Province. The dam may seriously disrupt ecosystems in the Kruger National Park. Authorisation for the dam was granted by the Minister: Department of Environmental Affairs and Tourism, based on a badly flawed environmental impact assessment (EIA) process; the Record of Decision (ROD) from the Minister was equally inadequate. Following objections and appeals, the Minister released a revised RoD in which important changes were made. The flawed EIA and approval processes, however, may come back to haunt the decision-maker; yet value lies in the lessons to be drawn from the initial failure to consider the views of interested and affected parties. In the end, an abridged form of Alternative Dispute Resolution (ADR) is to be followed; but much harm could have been avoided had this been done from the beginning.The ‘de hoop’ must be that these errors will be avoided in future in such disputes and a culture of ADR fostered.
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20

Sari, Mega Nurmala y Riatu Mariatul Qibthiyyah. "Examining the Factors That Affect the Loss of Tax Disputes in the Tax Court". GATR Journal of Accounting and Finance Review (GATR-AFR) Vol. 7 (2) July - September 2022 7, n.º 2 (14 de septiembre de 2022): 97–112. http://dx.doi.org/10.35609/afr.2022.7.2(3).

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Objective - The high tax administration loss rate sparked various speculations in Society. This study aims to determine the factors that led to the defeat of the tax administration in the Indonesian Tax Court. Methodology/Technique – Simple random sampling is used to obtain 1,000 samples of decisions on appeal disputes which is three times the minimum sample size. The logit model is used to find out whether the independent variable affects the dependent variable. The linear probability model is also used to test whether the Logit Model is robust. Findings - The estimation of results shows that the interaction between the tax dispute resolution period and the type of tax, as well as the number of representatives of the tax authorities, had a positive and significant impact on the loss of the tax administration in the prosecution. Novelty - No economic study has comprehensively analyzed the determinants of administrative defeat in the Indonesian Tax Court. This study uses data that have not been used in previous studies. The information includes evidence at audits/objections and appeals, types of taxes, tax dispute resolution periods, interactions between dispute resolution periods and evidence at audits/objections and requests, interactions between dispute resolution periods and types of taxes, interactions between periods dispute resolution, types of taxes and evidence at examination/objection and appeal, initial value, gender of judges, representatives of taxpayers and representatives of tax authorities in court. Type of Paper: Empirical JEL Classification: G18, K41 Keywords: Tax dispute; appeal decision; influencing factors; Tax Authorities defeat; Tax Court Reference to this paper should be referred to as follows: Sari, M.N; Qibthiyyah, R.M. (2022). Examining the Factors That Affect the Loss of Tax Disputes in the Tax Court, Acc. Fin. Review, 7(2), 97 – 112. https://doi.org/10.35609/afr.2022.7.2(3)
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Hartman, Francis T. y George F. Jergeas. "A model for proactive mediation of construction disputes". Canadian Journal of Civil Engineering 22, n.º 1 (1 de febrero de 1995): 15–22. http://dx.doi.org/10.1139/l95-002.

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Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.
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&NA;. "Evidence-based Medical Dispute Resolution". Journal of Occupational & Environmental Medicine 39, n.º 4 (abril de 1997): 359. http://dx.doi.org/10.1097/00043764-199704000-00039.

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Zulaeha, Mulyani, Suprapto Suprapto, Linda Nurulita y 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, n.º 4 (14 de junio de 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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24

Schmitz, Amy J. "Reviving the ‘new handshake’ in the wake of a pandemic". Mediation Theory and Practice 5 (23 de diciembre de 2020): 32–54. http://dx.doi.org/10.1558/mtp.18586.

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It is often assumed that companies and consumers are on opposing ‘teams’. In reality, however, consumers and companies enjoy more commonalities than contradictions. Both benefit when deals go well and disputes are resolved quickly and cheaply. The problem is that face-toface dispute resolution can be costly in terms of time and money, and even dangerous in these times of COVID-19. Furthermore, getting lawyers is generally impractical and overly expensive in consumer cases. The solution is a well-designed online dispute resolution (ODR) system that harnesses business and consumer commonalities, and creates a win–win for all stakeholders in e-commerce disputes. That is not to say that ODR is the ‘be all and end all’ for e-commerce disputes. All ODR is not fair and efficient. Furthermore, the digital divide remains a concern and the internet undoubtedly generates vulnerabilities for consumers, but it also creates opportunities for consumer empowerment. The time is right to take advantage of those opportunities, and create a unified ODR system that provides fast and fair resolutions worldwide. This article discusses ideas for such a system to create a ‘new handshake’ that inspires trust in e-commerce.
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25

Barton, Karen S. "Kids Causing Conflict: Environmental Dispute Resolution in Geographic Education". International Research in Geographical and Environmental Education 9, n.º 1 (marzo de 2000): 50–52. http://dx.doi.org/10.1080/10382040008667630.

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26

Hickling, Allen y Bram Breure. "Dutch environmental ministry adopts ibis method for dispute resolution". Environmental Impact Assessment Review 7, n.º 1 (marzo de 1987): 85–88. http://dx.doi.org/10.1016/0195-9255(87)90026-6.

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27

Harashina, Sachihiko. "Environmental dispute resolution in road construction projects in Japan". Environmental Impact Assessment Review 8, n.º 1 (marzo de 1988): 29–41. http://dx.doi.org/10.1016/0195-9255(88)90058-3.

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Kazun, A. y A. Kazun. "Unequal among equals: Why are developing countries less likely to win WTO disputes?" Voprosy Ekonomiki, n.º 7 (20 de julio de 2016): 106–22. http://dx.doi.org/10.32609/0042-8736-2016-7-106-122.

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This article discusses the factors that affect the chances of a favorable resolution of claims to the WTO dispute settlement. Drawing on several hundreds of complaints received by the WTO since the establishment of the organization and till 2014, we demonstrate that the developing countries have a smaller probability of successful resolution in the dispute than the developed countries. This inequality can be explained by differences in the size of economies (GDP), but the paper shows that differences in the country’s experience of participation in WTO disputes have a higher predictive power.
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Swanson, Elizabeth J. "Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform". Alberta Law Review 34, n.º 1 (1 de octubre de 1995): 267. http://dx.doi.org/10.29173/alr1110.

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The author examines the growing trend towards the use of alternative dispute resolution in environmental conflicts. She surveys the state of ADR-related legislation in Canada and makes a proposal for law reform in this field. Her first objective is to define commonly-used ADR terminology. She considers the question, "how does ADR fit into the law and environmental disputes?" The author then looks at the alternatives for ADR and environmental law reform. There are two conflicting sets of values here. The first is that institutionalization of ADR (through legislation) would provide a clear and concrete mechanism for enforcing agreements, and thereby level the playing field for all parties. The other viewpoint is that workable legislation may be impossible to draft and that the strength of ADR is its ad hoc nature. The author favours the "institutional," or legislative approach to ADR reform and development She then surveys existing legislation, which is of two types: "ADR-specific" and "ADR-inclusive." Following this critical review, the author makes specific recommendations for future ADR/environmental law reform initiatives.
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Bustamin, Amirizal, Arini Azka Muthia y Sonia Ivana Barus. "The Protection of Spiritual Rights in the Sharia Banking Dispute Settlement: Overview of the Sharia Banking Law in Indonesia". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 9, n.º 3 (2022): 388–407. http://dx.doi.org/10.22304/pjih.v9n3.a5.

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The status of Islamic banking in dispute settlement is normatively a positive legal subject to Islamic law principles. The Financial Services Authority confirms that many conflicts involve Islamic banks and their customers. The problem of the legal and economic context of Islamic banking is more complex, considering the operational concept of Islamic banks is different from conventional banking. Islamic banking must operate based on sharia, including in dispute resolution issues. Spiritual rights are one of the interests of Islamic banking customers that require attention. This study investigates the protection of spiritual rights in the sharia banking dispute settlement based on the perspective of Indonesian sharia banking law. This study employed normative qualitative research methods on primary data, such as the sharia banking law, the consumer protection act, and the dispute resolution act. It found that Indonesia has laws to address sharia banking disputes based on Islamic principles. However, they have not been appropriately implemented. The authority of religious courts to settle disputes on sharia banking has not been effective in protecting spiritual rights because there are still processes of settlement on sharia banking through the general courts. It indicates that stakeholders’ understanding of spiritual rights is still limited.
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Fajrin, Alisyah Early y Sjaifurrachman Sjaifurrachman. "Analisis Penyelesaian Sengketa Konsumen Melalui Arbitrase". Jurnal Analisis Hukum 5, n.º 2 (25 de septiembre de 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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32

Romana Harjiyatni, Francisca y Meicke Caroline Anthony. "Studi Komparatif Penyelesaian Sengketa Lingkungan Di Pengadilan Tata Usaha Negara Indonesia Dan Thailand". Jurnal Hukum Ius Quia Iustum 29, n.º 2 (1 de mayo de 2022): 371–91. http://dx.doi.org/10.20885/iustum.vol29.iss2.art7.

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This study aims to analyze the comparison of environmental dispute resolution in the State Administrative Court (PTUN) of Indonesia and its Thailand equivalent. This is a normative legal research, using statutory and comparative approaches. The results of the study are presented in an analytical descriptive form. The results of the study conclude that first, the equatlisation for the settlement of environmental disputes in the Indonesian PTUN and the ones in Thailand is based on the General Administrative Court Procedure Law as regulated in the laws governing the PTUN of each country, but technical guidelines for resolving environmental disputes in the PTUN are issued by the respective Supreme Courts of each country. Second, the first difference is that the Thai Administrative Court provides special arrangements related to compensation issues which include costs for health problems, costs for damage to natural resources, loss of identity and community arts and culture. Meanwhile, the PTUN Indonesia provides very limited compensation and prioritizes the claim for the validity of the object of dispute. The second difference is that the handling of environmental problems in the Thai Administrative Court examines the substance and facts related to the environment more deeply, so that a real picture of environmental problems is obtained in the field. An in-depth study of the substance, facts, environmental problems in the field is taken into consideration by the judge in making a decision, even though administratively there are no problems. Meanwhile, the dispute resolution in the Indonesian PTUN is administrative and procedural in nature.
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Mubarok, Nafi. "Keadilan Hukum Dalam Penyelesaian Sengketa Lingkungan Hidup di Indonesia". Al-Daulah: Jurnal Hukum dan Perundangan Islam 10, n.º 2 (7 de octubre de 2020): 336–68. http://dx.doi.org/10.15642/ad.2020.10.2.335-368.

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Jonathan Bate stated that the natural conditions were very hazardous at the beginning of the third millennium due to various air pollution from massive industrialization activities, which cause global warming and as a sign of the earth's destruction. One of the juridical aspects related to environmental pollution and destruction is the scarce availability of evidence in dispute resolution. It gives rise to the question of whether the environmental conflict resolution model contained in the UU-PPLH has fulfilled the concept of legal justice. After analyzing the dispure resolution model by John Rawls's theory of justice, it is shown that the settlement of environmental disputes regulated in UU-PPLH has met the criteria of legal justice. It can be seen in several ways, including (1) there are many alternatives in environmental dispute resolution; (2) entrepreneurs or companies may be subject to liability for their economic activities; (3) there is protection for the weak party by implementing a reverse proof system in the settlement of environmental disputes; and (4) there is a recognition of natural or environmental rights, which give rise to the possibility of legal standing. Jonathan Bate menyatakan bahwa pada awal milenium tiga ini kondisi alam sangatlah kritis yang disebabkan oleh berbagai pencemaran udara dari aktifitas industrialisasi yang bersifat massif, dimana pada ujungnya berdampak pada “pemanasan global (global warming)”, sebagai pertanda kehancuran bumi. Di sisi lain, salah satu aspek yuridis ketika terjadi pencemaran dan perusakan lingkungan adalah terkait dengan penyelesaian sengketa, yang dimana problem utamanya adalah berhubungan dengan pembuktian yang masih dianggap sulit. Dari sinilah akan melahirkan pertanyaan adalah apakah model penyelesaian sengketa lingkungan yang terdapat dalam UU-PPLH sudah memenuhi konsep keadilan hukum. Setelah dilakukan analisa dengan menggunakan teori keadilan John Rawls, maka penyelesaian sengketa lingkungan sebagaimana diatur dalam UU-PPLH sudah memenuhi kriteria-kriteria keadilan hukum. Hal ini bisa dilihat dalam beberapa hal, antara lain: (1) tedapat banyak alternatif dalam “penyelesaian sengketa lingkungan hidup”; (2) terhadap para pengusaha atau perusahaan bisa dikenakan “tanggung jawab” atas kegiatan ekonomi yang dilakukannya; (3) terdapat perlindungan kepada “pihak yang lemah”, dengan diberlakukannya “sistem pembuktian terbalik” dalam penyelesaian sengketa lingkungan; dan (4) terdapat pengakuan atas hak alam atau hak lingkungan hidup, dengan adanya kemungkinan legal standing.
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Alkhayer, J., N. Gupta y C. M. Gupta. "Role of ADR methods in environmental conflicts in the light of sustainable development". IOP Conference Series: Earth and Environmental Science 1084, n.º 1 (1 de octubre de 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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35

Olmos Giupponi, Belén. "Transnational Environmental Law and Grass-Root Initiatives: The Case of the Latin American Water Tribunal". Transnational Environmental Law 5, n.º 1 (30 de julio de 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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36

Foster, Caroline E. "The "Real Dispute" in the Southern Bluefin Tuna Case : a Scientific Dispute?" International Journal of Marine and Coastal Law 16, n.º 4 (2001): 571–601. http://dx.doi.org/10.1163/157180801x00234.

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AbstractOn 4 August 2000 a LOSC Annex VII ad hoc arbitral tribunal issued its award in the Southern Bluefin Tuna case brought by Australia and New Zealand against Japan. It found it had no jurisdiction under the LOSC in respect of the SBT dispute. The decision has been controversial. This paper identifies the idea, prevalent in many parts of the pleadings in the case, that the "real dispute" in the case lay under the 1993 Convention, and discusses the associated idea that the dispute was scientific in character. Questions raised by the scientific issues in the case are explored, including what may constitute good or "best" scientific evidence, the suitability of scientific disputes for international adjudication, the appropriateness of precautionary approaches, the validity of "margins of appreciation", and the most appropriate forms of dispute resolution for cases involving science. The need for greater attention to be devoted to issues raised by the role of science in international dispute resolution may partly explain the strength of the undercurrent in the SBT case which pushed towards the view that there was only one "real dispute", which fell under the 1993 Convention.
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37

Smith1, Paul M. "The Application of Critical Discourse Analysis in Environmental Dispute Resolution". Ethics, Place & Environment 9, n.º 1 (marzo de 2006): 79–100. http://dx.doi.org/10.1080/13668790500512548.

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Kaplan, Abram W. "Integrating the Undergraduate Experience: A Course on Environmental Dispute Resolution". Negotiation Journal 14, n.º 4 (octubre de 1998): 369–79. http://dx.doi.org/10.1111/j.1571-9979.1998.tb00172.x.

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Jahiel, Abigail R. "The Chinese Reforms and the Rationalization of Environmental Dispute Resolution". Bulletin of Science, Technology & Society 15, n.º 4 (agosto de 1995): 215–23. http://dx.doi.org/10.1177/027046769501500458.

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40

Matsumoto, Shigeru. "A duration analysis of environmental alternative dispute resolution in Japan". Ecological Economics 70, n.º 4 (febrero de 2011): 659–66. http://dx.doi.org/10.1016/j.ecolecon.2010.10.014.

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41

Bezerra, Luiz Gustavo. "Direito ambiental, arbitragem e resolução alternativa de controvérsias: uma visão conciliadora". REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, n.º 1 (1 de junio de 2019): 173–202. http://dx.doi.org/10.52028/rbadr.v1i1.9.

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The present article seeks, through a critical evaluation, to analyze the possibility of submitting environmental issues to methods of alternative dispute resolution, such as arbitration, conciliation and mediation. The main difficulties lie in the relationship between arbitration and environmental matters, since the legal requirements to submit a given dispute to arbitration are the negotiability and the ability to be financially expressed of the rights in discussion. The challenge lies in the fact that the environment is known as a collective or common right, so some understand that environmental interests could not be transacted, and that the environment would not have a financial expression; therefore, not fulfilling those two attributes of objective arbitrability. However, it is important to stress that there is a part of the environment that can be negotiated, and has already been routinely transacted. Also, environmental damage clearly has patrimonial dimensions, which can be financially expressed and monetarily valued. Thus, this article’s central discussion revolves around the possibility of submitting interests involving environmental matters to alternative dispute resolution, contributing to the construction of a conciliatory perspective between alternative dispute resolution methods, particularly arbitration, and environmental issues.
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42

Sinaga, Ginora Roma Ida, Bambang Daru Nugroho y Fatmi Utarie Nasution. "Inheritance Dispute Resolution Related to the Position of Adopted Son Based on Batak Toba Indigenous Law". SIGn Jurnal Hukum 4, n.º 1 (17 de abril de 2022): 1–14. http://dx.doi.org/10.37276/sjh.v4i1.128.

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This study aims to examine and analyze inheritance dispute resolution related to the position of adopted son based on Batak Toba indigenous law. This research was conducted using a normative juridical approach with analytical descriptive specifications. The data obtained were then analyzed using qualitative juridical methods. The results show that the indigenous inheritance law positions the adopted son on par with the biological son. Suppose there is an inheritance dispute between the adopted son and the biological child. In that case, the inheritance dispute resolution based on the Batak Toba indigenous law can go through three stages: family deliberation, indigenous institutions, and the courts are the final stage or step that must be chosen. Most of the Batak Toba indigenous people choose dispute resolution through indigenous institutions. In this case, the chance of failure of agreement in dispute resolution through indigenous institutions is tiny because indigenous institutions involve indigenous leaders who understand and control the Batak Toba indigenous law. Therefore, it is recommended to all Batak Toba indigenous people who are in dispute to carry out a resolution through three stages based on the Batak Toba indigenous law. In addition, it is hoped that all Batak Toba indigenous community elements will supervise the implementation of dispute resolution decisions, considering that Batak Toba indigenous people prioritize and uphold the values of kinship and peace in dispute resolution.
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Bima, Muhammad Rinaldy. "The Dispute on Determination of the General Election Commission Members: A Study of Administrative Effort Implementation". SIGn Jurnal Hukum 4, n.º 2 (5 de febrero de 2023): 277–90. http://dx.doi.org/10.37276/sjh.v4i2.163.

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This study aims to describe the position of the Selection Team at the State Administrative Court, as well as analyze dispute resolution procedures within the scope of the General Election Commission administration. This study uses a normative juridical method. The collected legal material is analyzed using qualitative data analysis methods with a statute approach to describe the problem and answer study purposes. The results show that the position of the Selection Team is a witness in the process of dispute resolution at the State Administrative Court. Furthermore, the detrimental parties may submit an objection and appeal effort. In this case, administrative dispute resolution has been regulated in General Election Commission Regulation No. 3 of 2021. On the other hand, Judges will only adjudicate cases and resolve disputes at the State Administrative Court after the plaintiff has undergone administrative efforts. Therefore, it is recommended for the Judge to reject lawsuits from the plaintiffs if the lawsuit positions the Selection Team as the defendant. In addition, it is also recommended that the plaintiff know and understand dispute resolution procedures on the determination of members of the General Election Commission at the State Administrative Court. In contrast, if the plaintiff has undergone administrative effort while the General Election Commission rejects the effort. So to get legal certainty, the plaintiff must submit a lawsuit by positioning the Commissioner of the General Election Commission as the defendant at the State Administrative Court.
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44

Noviyanti, Ririn. "Penyelesaian Sengketa Non-litigasi dalam Sejarah Peradaban Islam". Mahakim: Journal of Islamic Family Law 1, n.º 2 (30 de mayo de 2022): 55–66. http://dx.doi.org/10.30762/mahakim.v1i2.63.

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Dispute settlements have two form, litigation and non-litigation. Some options as an alternative dispute resolution non-litigation include mediation, negotiation and arbitration. alternative dispute resolution has long been practiced in Islam to solve the problems. This qualitative-descriptive study uses a sociohistorical approach that examines and analyzes the practice of alternative dispute resolution in general, and mediation, negotiation, arbitration in particular. This study aims to discuss the theory of nonlitigation dispute resolution and its application in various areas of life in the classical Islamic era. The key issue explored in this research is how to implement non-litigation dispute resolution practices in Islamic history and the event that they are used. The conclusions of this study are; first, the practice of alternative dispute resolution has been done in the classical Islamic era on the event of retaking the Hajar Aswad by using the method of mediation. Second, the practice of negotiation on the event of the beginning of the Hudaibiyah treaty and the third, the practice of arbitration (tahkīm) on events involving Muawiyah and Ali bin Abi Talib in the battle of Shiffin.
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45

Whiting, Susan. "Values in Land: Fiscal Pressures, Land Disputes and Justice Claims in Rural and Peri-urban China". Urban Studies 48, n.º 3 (febrero de 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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46

Pandiangan, Leo Nora Elly AM, Nanin Koeswidi y Norti Retiana Silitonga. "HOW CAN ENVIRONMENTAL DISPUTE RESOLUTION BE RESOLVED WITHOUT GOING TO COURT". Jurnal Hukum dan Peradilan 10, n.º 2 (31 de julio de 2021): 245. http://dx.doi.org/10.25216/jhp.10.2.2021.245-254.

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To protect environmental pollution and/or damage, the government has issued legislation on environmental protection and management supplemented by Ministerial Regulations. Environmental pollution and/or damage can occur due to natural factors and human actions that result in losses to the country and/or society. Environmental polluters and/or destroyers can be prosecuted in court. Before environmental disputes are transferred to court, environmental disputes are first resolved through mediation conducted by a mediator and settled out of court (non-litigation) in accordance with applicable laws. Mediators or the role of third-party services are free and neutral /impartial.
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47

Abidin, Zainal, Zul Akli y Johari J. "Perlindungan Hukum Terhadap Masyarakat yang Terpapar Limbah B3". REUSAM: Jurnal Ilmu Hukum 8, n.º 2 (2 de abril de 2021): 28. http://dx.doi.org/10.29103/reusam.v8i2.3660.

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This research examines the legal protection of people who are victims of the B3 madical waste. This research is a qualitative research with literature study. The main sources in this research are written sources in the form of books, research results, and laws which related to the issue. The results showed that the law provides protection to people who are exposed to the B3 madical waste, both criminal and civil law. When a dispute happening between the community and the company, the solution can be done in two ways, litigation and non-litigation. Settlement of environmental disputes through channels outside the court according to Article 85 paragraph (3) can only be done by using the services of a mediator and / or arbitrator to help resolve the dispute. Active community participation can be carried out by referring to Article 86 of the PPLH Law by establishing a free and impartial environmental dispute resolution institution facilitated by the government and local governments.
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48

Yin, Yatian. "Singapore Convention on Mediation and Its Ratification in China". Proceedings of Business and Economic Studies 4, n.º 4 (27 de agosto de 2021): 55–59. http://dx.doi.org/10.26689/pbes.v4i4.2386.

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China has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, namely the Singapore Convention on Mediation, on August 7, 2019, making it possible for China’s domestic courts to resolve international commercial disputes by implementing settlement agreements resulting from international commercial mediation. Relying on the Belt and Road Initiative (BRI), numerous commercial mediation organizations have successively established and integrated mediation into the international commercial dispute resolution mechanism in making effort for the internationalization of China’s commercial mediation system under the background of improving diversified dispute resolution mechanisms. Based on the status quo of commercial mediation in China, this article focuses on the connection and convergence between China’s practice and the principle of the Convention, as well as discusses the rationality for its ratification.
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Jeffrey QC, Michael y Donna Craig. "Application of Environmental Conflict Resolution to Public Interest Issues in Water Disputes". International Journal of Rural Law and Policy, n.º 1 (21 de octubre de 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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AYALEW, Negesse Asnake. "Long Rang Trans-Boundary Air Pollution Smelter Case Arbitration Outcome". International Journal of Environmental, Sustainability, and Social Science 1, n.º 1 (31 de marzo de 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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