Academic literature on the topic 'Dispute resolution (Law) Environmental law'

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Journal articles on the topic "Dispute resolution (Law) Environmental law"

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Zhao, Y. "Environmental Dispute Resolution in China." Journal of Environmental Law 16, no. 2 (February 1, 2004): 157–92. http://dx.doi.org/10.1093/jel/16.2.157.

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Tjukup, K., P. R. A. Potra, and P. A. H. Martana. "Environmental Dispute Resolution Through Class Action Lawsuit." Journal of A Sustainable Global South 1, no. 1 (February 14, 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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Swanson, Elizabeth J. "Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform." Alberta Law Review 34, no. 1 (October 1, 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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Olmos Giupponi, Belén. "Transnational Environmental Law and Grass-Root Initiatives: The Case of the Latin American Water Tribunal." Transnational Environmental Law 5, no. 1 (July 30, 2015): 145–74. http://dx.doi.org/10.1017/s204710251500014x.

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AbstractThis article analyzes the role played by the Latin American Water Tribunal (Tribunal Latinoamericano del Agua – TRAGUA) (LAWT) in the resolution of environmental disputes over water resources. Since its inception in 1998, the LAWT has emerged as a non-governmental body with a multidisciplinary composition and a mandate based on both formal and informal sources of law, which holds public hearings in order to address water-related complaints. This article explores whether (and the ways in which) the LAWT is contributing to the resolution of environmental disputes concerning water resources. The main underlying thesis is that, whereas the traditional model for interstate dispute settlement offers only limited possibilities of redress to non-state actors (mainly individuals and groups), the LAWT provides them with the opportunity to present their demands before an environmental justice forum.
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Levinson, Alfred. "ENVIRONMENTAL DISPUTE RESOLUTION AND POLICY MAKING." Policy Studies Journal 16, no. 3 (March 1988): 575–84. http://dx.doi.org/10.1111/j.1541-0072.1988.tb01869.x.

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Rabe, Barry G. "THE POLITICS OF ENVIRONMENTAL DISPUTE RESOLUTION." Policy Studies Journal 16, no. 3 (March 1988): 585–601. http://dx.doi.org/10.1111/j.1541-0072.1988.tb01870.x.

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Abidin, Zainal, Zul Akli, and Johari J. "Perlindungan Hukum Terhadap Masyarakat yang Terpapar Limbah B3." REUSAM: Jurnal Ilmu Hukum 8, no. 2 (April 2, 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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Laksminarti, Laksminarti. "Rekonstruksi Hukum Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Tindak Pidana Lingkungan Hidup Berbasis Keberlanjutan Lingkungan." Pencerah Publik 6, no. 2 (October 16, 2019): 1–8. http://dx.doi.org/10.33084/pencerah.v6i2.1062.

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This research aims to obtain an overview of the construction of the Law on the mediation of penal as an alternative to environmental criminal action-based sustainability. In environmental matters, about the criminal environment, the legislation does not provide an ADR (Alternative Dispute Resolution) opportunity in which the parties are permitted to choose a dispute resolution Through negotiations, mediation, and conciliation. This is contained in article 85 paragraph (2) of UUPPLH stating that the settlement of disputes outside the courts does not apply to environmental criminal acts as provided for in this law. This condition of enforcement gives birth to a variety of thoughts that give alternative crime settlement of criminal act outside the Court of mediation of penal. Using a descriptive analysis obtained the idea that to conduct mediation of the penal as an alternative criminal settlement, it is necessary to reform criminal legal structure. The results of the research show that criminal law reconstruction is necessary considering that the institution of Penal mediation organizers has not been contained in the current structure of criminal law. Constructing Penal mediation as an alternative to settlement of Environmental criminal act into the criminal law system in Indonesia is expected to provide improvement and progress in environmental law enforcement. That the settlement of environmental criminal acts through Penal mediation as part of the criminal law system, requires the arrangement in legal science legislation that tends to be critical and has characteristic Personality as "sociological jurisprudence".
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Hutchison, Cameron. "Coming in from the Shadow of the Law: The Use of Law by States to Negotiate International Environmental Disputes in Good Faith." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 101–43. http://dx.doi.org/10.1017/s0069005800008754.

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SummaryInternational law increasingly obliges states to negotiate in good faith environmental disputes that arise in connection with the use and protection of shared or common property natural resources — that is, watercourses, fisheries, and migratory species. Articulation of this duty to negotiate in good faith has been vague, and, perhaps as a consequence, disputes have been protracted or have gone unresolved. Part of the problem may be that states do not know how to interpret their competing rights in the resource. This article explores the facilitative potential of international authoritative soft law to good faith negotiation where rights and obligations of resource use and protection are broadly stated and their relationship to one another is unclear. In this context, our understanding of the relevance, sources, and use of law in the negotiation process contributes to whether law functions to facilitate or frustrate dispute resolution. Through discursive interaction undertaken in good faith, states should look to international authoritative soft law to explicate, integrate, and reconcile their legitimate interests within their competing rights and obligations, according to prescribed legitimacy criteria.
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Maguire, Lynn A., and Lindsley G. Boiney. "Resolving Environmental Disputes: a Framework Incorporating Decision Analysis and Dispute Resolution Techniques." Journal of Environmental Management 42, no. 1 (September 1994): 31–48. http://dx.doi.org/10.1006/jema.1994.1058.

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Dissertations / Theses on the topic "Dispute resolution (Law) Environmental law"

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

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

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

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

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

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

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The broad scope of this research concerns the field of conflict and dispute resolution, also referred to as alternative dispute resolution (ADR). ADR practices have developed in both executive and judicial branches of government since the early 1900’s. The goal of this paper is to evaluate how ADR practitioners working in water-related civil litigation can apply facilitative practices prior, during, and after the proceeding to reduce harm, cost, and time of litigation and increase the overall satisfaction of the parties when the proceeding has been resolved. To achieve this goal, a framework is constructed and applied to a case study in Cascade Locks, Oregon. This framework is not a way to avoid a court proceeding through use of alternative dispute resolution; instead this paper seeks to add facilitative practices to a civil litigation process to make the entire process more efficient to the parties and effective in resolving the dispute.
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Miller, Brian L. (Brian Lindsay) Carleton University Dissertation Geography. "Understanding the role of environmental dispute resolution in the planning of national parks in Canada; a case study in the formation of South Moresby National Park Reserve." Ottawa, 1992.

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

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O novo contexto do Direito Internacional tem buscado acomodar interesses econômicos às exigências de proteção ambiental, em linha com o desenvolvimento sustentável. Nesse particular, o investimento estrangeiro é elemento-chave e contribui para a aproximação entre Direito Internacional do Investimento Estrangeiro e Direito Internacional Ambiental, tanto em relação à elaboração de normas substantivas quanto aos processos de adjudicação. Embora já existam diversos trabalhos voltados a demonstrar como os investimentos estrangeiros podem contribuir com a preservação ambiental, pouco se tem escrito sobre os aspectos mais práticos dessa interação. Durante muito tempo, o caráter vago e impreciso da redação dos tratados ambientais dificultava sua aplicação às operações dos investidores. Contudo, a crescente consciência de parcela significativa da população mundial sobre a proteção ao meio ambiente está dando vida a cláusulas com conteúdo ambiental até então dormentes. Nesse contexto, o objetivo do presente trabalho é analisar empiricamente qual o tratamento concedido às questões ambientais suscitadas nos casos decididos pelos tribunais do Centro Internacional para Resolução de Disputas de Investimento (International Centre for Settlement of Investment Disputes), o ICSID, no período entre 2000-2013. Para tanto, a pesquisa foi dividida em três partes. A primeira parte é dedicada ao contexto histórico que permitiu a aproximação entre Direito Internacional do Investimento Estrangeiro e do Direito Ambiental Internacional. Na segunda parte o ICSID é apresentado, de modo a compreender sua organização e funcionamento e, principalmente, de que forma as questões ambientais podem ser suscitadas no âmbito das disputas de investimento. E, por fim, os resultados obtidos a partir da pesquisa empírica das decisões proferidas pelos tribunais do ICSID são apresentados, sistematizando os argumentos apresentados pelas partes, bem como aqueles utilizados pelos tribunais ao decidir os litígios de investimento compreendendo a matéria ambiental.
The new context of International Law pursues the accommodation of economic interests to the needs of environmental protection, in line with the sustainable development. To that particular, the foreign investment is a key element and contributes to a closer relation between the Foreign Investment International Law and the Environmental International Law, inasmuch as in relation to the enactment of substantive laws, as towards to enforcement procedures. Although there are several studies aiming at demonstrating how foreign investments may contribute to the environmental protection, few has been written about the most practical aspects of such interaction. For a long time, the vague and imprecise character of the provisions in environmental treaties turn harder their enforcement towards the investment transactions. However, the growth in conscience on environment protection of a substantial portion of the world population has given life to clauses with environmental content that were dormant until recently. In this context, the objective of this study is to make an empiric analysis on the treatment granted to environmental matters raised in cases decided by the tribunals of the International Centre for Settlement of Investment Disputes, the ICSID, in the period between 2000 and 2013. For that, this research is divided in three parts. The first one is dedicated to the historical context that allowed the approximation between Foreign Investment International Law and Environmental International Law. In the second part the ICSID is presented, to allow a better comprehension of its organization and functioning and, mainly, the forms in which environmental matters can be raised within the scope of investment disputes. And, finally, the results obtained with the empiric research on the decisions enacted by the ICSID tribunals are presented, with a systematization of the arguments used by the involved parties, as well as the arguments adopted by the tribunals to decide the investment disputes comprising environmental matters.
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Hörnle, Julia. "Internet dispute resolution." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1457.

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This thesis develops a model for the fair resolution of internet disputes. The internet has the potential to lead to international~ cross-border disputes being a powerful communications medium, that allows data exchanges in various media formats between a wide range of different users situated in distant locations. It explores the meaning of fairness for the resolution of such disputes. This thesis refers to the existing literature examining the private international law issues arising from cross-border interactions and transactions on the internet which make litigation and enforcement more costly and lengthy. For many disputes arising on the internet, alternative ways of resolving such disputes have to be found. This thesis contains a detailed exploration of the use of mediation and arbitration, using online technology. obviating the need for the parties and lawyers to meet face-to-face and leading to more efficient information processing, and thereby reducing cost and delay in dispute resolution. Binding dispute resolution and enforceability in cross-border cases are important for internet disputes and can be provided by online arbitration. Therefore, this thesis proceeds to examines in great detail the legal issues surrounding online arbitration. It looks at questions of due process in arbitration and covers the legal issues surrounding business-to-consumer arbitration comparing the European approach to that in the us. The thesis contains a detailed analysis of the Uniform Domain Name Dispute Resolution Procedure (UDRP) and considers to what extent the dispute resolution model established by the UDRP could or should sene as a model for other types of internet disputes. The conclusion from this examination of all aspects of internet dispute resolution is a model of dispute resolution. which encourages the use of online arbitration for internet disputes but, where there exists a substantial power imbalance between the disputants (such as the traditional business-to-consumer paradigm), subjects traditional commercial arbitration to more stringent due process standards for disputes.
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Norman, Allen G. "Alternative dispute resolution and public policy conflict: Preemptive dispute resolution negotiated rulemaking." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/928.

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Books on the topic "Dispute resolution (Law) Environmental law"

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Nicholson, David Fergus. Environmental dispute resolution in Indonesia. [S.l: s.n., 2005.

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Environmental dispute resolution in Indonesia. Singapore: Institute of Southeast Asian Studies, 2005.

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Environmental dispute resolution in Indonesia. Leiden: KITLV Press, 2009.

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Hadi, Sudharto P. Resolusi konflik lingkungan. 2nd ed. Semarang: Badan Penerbit, Universitas Diponegoro, 2006.

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Chungang Hwan'gyŏng Punjaeng Chojŏng Wiwŏnhoe. Hwan'gyong punjaeng chojŏng ŏmmu p'yŏllam. [Kwach'ŏn-si]: Chungang Hwan'gyŏng Punjaeng Chojŏng Wiwŏnhoe, 2012.

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Jacobs, Harvey Martin. Predicting the utility of environmental mediation: Natural resource and conflict typologies as a guide to environmental conflict assessment. Madison, Wis: Institute for Legal Studies, University of Wisconsin-Madison, Law School, 1988.

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Gresham, Zane O. Dispute avoidance and dispute resolution in international environmental agreements and multilateral trade agreements: An introduction. [Nairobi]: United Nations Environment Programme, 1995.

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Oli, Krishna Prasad. Conflict resolution and mediation in natural resource management in Nepal. Kathmandu: IUCN Nepal, 1998.

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Everett, Sidney J. New approaches to environmental policies, laws, and regulations. Edited by McReynolds Becky S. Menlo Park, CA (333 Ravenswood Ave., Menlo Park 94025): SRI International, Business Intelligence Program, 1986.

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Huan jing jiu fen jie jue ji zhi yan jiu: Environmental dispute resolution. Xiamen: Xiamen da xue chu ban she, 2005.

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Book chapters on the topic "Dispute resolution (Law) Environmental law"

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Hedemann-Robinson, Martin. "Traditional bilateral dispute resolution principles and mechanisms." In Enforcement of International Environmental Law, 19–31. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Routledge research in international environmental law: Routledge, 2018. http://dx.doi.org/10.4324/9781351066587-4.

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DiMatteo, Larry A. "International Commercial Dispute Resolution." In International Business Law and the Legal Environment, 109–44. fourth edition. | New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003036289-5.

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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Alternative dispute resolution." In Business Law, 65–94. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-4.

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Judge, Stephen. "Civil Dispute Resolution." In Business Law, 25–53. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14962-9_2.

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Mason, Jim. "Online dispute resolution." In Innovating Construction Law, 201–15. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.1201/9781003009245-11.

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Blackshaw, Ian S. "Dispute Resolution." In Short Studies in International Law, 115–43. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-198-2_13.

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Chern, Cyril. "Dispute resolution." In The Law of Construction Disputes, 343–85. 3rd edition | Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2020 |: Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9780429027246-14.

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Twigg-Flesner, Christian. "Dispute resolution." In Foundations of International Commercial Law, 235–52. London: Routledge, 2021. http://dx.doi.org/10.4324/9781315692807-11.

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Eisenberg, Ronald L. "Alternative Dispute Resolution." In Radiology and the Law, 59–61. New York, NY: Springer New York, 2004. http://dx.doi.org/10.1007/978-1-4612-2040-4_7.

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Xie, Zengyi. "Labor Dispute Resolution." In Labor Law in China, 131–44. Berlin, Heidelberg: Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-46929-3_10.

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Conference papers on the topic "Dispute resolution (Law) Environmental law"

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Dahlan, Nur Khalidah. "Environmental Issues In Malaysia: A Perspective Of Alternative Dispute Resolution With The Aid Of Video Conference Technology." In ICLES 2018 - International Conference on Law, Environment and Society. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.10.7.

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Prananda, Rahandy, Ro'fah Setyowati, Hendro Saptono, and Aista Putra. "Online Dispute Resolution as an Alternative Settlement Against the Protection of Consumer Privacy Data in E-commerce Platform." In Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.26-9-2020.2302618.

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Yuniarti. "Proportionality in Investment Dispute Resolution." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010049701070112.

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Burgess, John. "Alternative dispute resolution." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961323.

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Hidayah, Nur Putri, Isdian Anggraeny, and Dwi Ratna Indri Hapsari. "Credit Dispute Resolution with Mortgage Right Warranties on Conventional Banking." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.005.

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Sewu, Pan Lindawaty Suherman. "The Prospect of Online Dispute Resolution (ODR) and Business Dispute Resolution in the Legal System in Indonesia." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.329.

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"AN AGENT-BASED APPROACH TO CONSUMER´S LAW DISPUTE RESOLUTION." In 12th International Conference on Enterprise Information Systems. SciTePress - Science and and Technology Publications, 2010. http://dx.doi.org/10.5220/0002910701030110.

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Sitabuana, Tundjung Herning, Ahmad Redi, and Shella Felicia. "The Review of Regulations Through Ministry of Law and Human Rights." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.015.

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Ningsih, Ayup Suran. "The Form of Justice in Resolving Capital Market Dispute Resolution." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.031.

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Choy, Choong Yeow. "Managing the Dispute Resolution Process in the Energy and Mining Sectors." In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.16.

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