Journal articles: '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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Foster, Caroline E. "The "Real Dispute" in the Southern Bluefin Tuna Case : a Scientific Dispute?" International Journal of Marine and Coastal Law 16, no. 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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Chehayeb, Amir, Mohamed Al-Hussein, and Peter Flynn. "An integrated methodology for collecting, classifying, and analyzing Canadian construction court cases." Canadian Journal of Civil Engineering 34, no. 2 (February 1, 2007): 177–88. http://dx.doi.org/10.1139/l06-122.

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Construction contracts are becoming more complicated, and the increase in complexity of construction processes, documents, and conditions of contracts has contributed to a higher possibility of disputes and conflicting interpretations. The judicial system has been the means for dispute resolution for claims that cannot be solved through other means such as negotiation and arbitration. Knowledge of previous outcomes of judicial processes will both inform participants in a dispute and increase the likelihood of a less-expensive out-of-court dispute-resolution process. This paper presents a methodology to classify, categorize, and analyze Canadian case-law construction claims. In total, 567 Canadian construction court cases have been collected from 10 different sources and are classified into 12 categories that follow the Canadian Construction Documents Committee (CCDC) standard construction contract document CCDC 2-1994. The proposed methodology is implemented in a computer-integrated system called the Canadian construction claim tracker (CCCT), which consists of one central database and three modules, namely a statistical module, a prediction module, and a classification module. The CCCT provides its users with easy and quick access to past case-law claim information.Key words: construction courts, claims, litigation, artificial neural networks, Canadian Construction Documents Committee.

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Barton, Karen S. "Kids Causing Conflict: Environmental Dispute Resolution in Geographic Education." International Research in Geographical and Environmental Education 9, no. 1 (March 2000): 50–52. http://dx.doi.org/10.1080/10382040008667630.

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Hickling, Allen, and Bram Breure. "Dutch environmental ministry adopts ibis method for dispute resolution." Environmental Impact Assessment Review 7, no. 1 (March 1987): 85–88. http://dx.doi.org/10.1016/0195-9255(87)90026-6.

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Harashina, Sachihiko. "Environmental dispute resolution in road construction projects in Japan." Environmental Impact Assessment Review 8, no. 1 (March 1988): 29–41. http://dx.doi.org/10.1016/0195-9255(88)90058-3.

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Tjukup, I. Ketut, and I. Gusti Ayu Agung Ari Krisnawati. "Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (May 1, 2019): 163. http://dx.doi.org/10.36913/jhaper.v4i2.84.

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Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic difﬁ cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conﬂict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is difﬁ cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords:

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

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

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Abashidze, Aslan Khuseinovich, Vladimir Mikhailovich Filippov, and Alexander Mikhailovich Solntsev. "Belarusian Ostrovets nuclear power plant: the challenge of cross-border negotiations to balance economic development and environmental protection†." Journal of World Energy Law & Business 13, no. 2 (April 1, 2020): 157–68. http://dx.doi.org/10.1093/jwelb/jwaa016.

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Abstract States have sovereign rights that allow them to construct nuclear power plants. Moreover, engaging with nuclear power generation makes possible the achievement of the Sustainable Development Goals (2016–30) in combatting climate change, paramount to the Paris Agreement’s initiatives. In the same vein, however, constructing and operating power plants pose strict dangers to both general safety of the public and to national security. Thus, plant operations should strictly abide by the International Atomic Energy Agency (IAEA) standards and international law. As a result, it is important to consider the potential transboundary impacts of nuclear power plants and to conduct an appropriate transboundary environmental impact assessment (EIA). The article examines the construction of the Ostrovets Nuclear Power Plant by Belarus, close to the border of the Republic of Lithuania. The question in focus, however, is as follows: what international procedure can be used to coordinate issues of potentially negative transboundary impacts? Lithuania, in order to avoid the operation of the nuclear power plant, thus sought peaceful settlement of the dispute making use of the dispute resolution mechanisms based on international environmental agreements. The authors of this study show that the treaty bodies, established on the basis of international environmental agreements, provide important assistance in this matter in coordination with the IAEA. The use of these quasi-judicial means of resolving interstate disputes proves effective in pursuing a compromise between economic development and environmental protection. In the absence of such mechanisms at a universal level, one should consider utilizing such mechanisms in other regions of the world.

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Garvey, Jack I. "Trade Law and Quality of Life—Dispute Resolution under the NAFTA Side Accords on Labor and the Environment." American Journal of International Law 89, no. 2 (April 1995): 439–53. http://dx.doi.org/10.2307/2204217.

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Law, like other forms of life, evolves in response to changing environments. When cosmic change alters environment, viability is tested. The North American Free Trade Agreement was born into a radically new social and political environment for the making of international trade agreements. Its viability has centered on a fundamental alteration in international trade law, appearing as the NAFTA Side Agreements on labor, health and environmental regulation; specifically, as the dispute resolution process of the Side Agreements.

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

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

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Yaremak, Z. V. "The Institute Decision Of Land Disputes In The System Of The Land Law." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 99–110. http://dx.doi.org/10.15330/apiclu.51.99-110.

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The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation. On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content. On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section. The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.

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Prior, Julian. "Environmental Dispute Resolution in Public Policy: Strategies for Reducing Costs and Improving Outcomes." Australasian Journal of Environmental Management 10, no. 2 (January 2003): 107–16. http://dx.doi.org/10.1080/14486563.2003.10648579.

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Ong, David M. "A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes." International Journal on Minority and Group Rights 22, no. 4 (October 27, 2015): 578–97. http://dx.doi.org/10.1163/15718115-02204007.

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Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for co-operation towards the resolution of these disputes.

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Park, Patricia. "International law and the resolution of Central and Eastern European transboundary environmental disputes." International Journal of the Sociology of Law 30, no. 3 (September 2002): 261–62. http://dx.doi.org/10.1016/s0194-6595(02)00011-4.

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Sushanty, Vera Rimbawani. "Penyelesaian Sengketa di Luar Pengadilan sebagai Upaya Pemulihan Dampak Kerusakan Lingkungan." Jurnal Ilmiah Penegakan Hukum 7, no. 1 (June 3, 2020): 27–35. http://dx.doi.org/10.31289/jiph.v7i1.3183.

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This article aims to review the resolution of environmental disputes outside the court based on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH). The problem is focused on efforts to protect and restore environmental damage. The method used in this research is normative or doctrinal legal research. Data is collected through a literature approach and analyzed qualitatively. The rapid development of the industry, requires natural resources in the form of raw materials and energy sources that are very large as well. The consequence of the industrial development process is the increase in waste produced by the industry. This is very possible for friction between the surrounding communities, which in turn can lead to conflict or dispute. This study concludes that resolving environmental disputes outside the court is considered more beneficial because if it takes a case in court it takes a long time. By shortening the process the impact of environmental damage can be more quickly addressed so that the ecosystem can soon recover and social, economic and cultural life can proceed as it should.

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Lee, JeeHee, Youngjib Ham, and June-Seong Yi. "Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom." Sustainability 13, no. 16 (August 21, 2021): 9403. http://dx.doi.org/10.3390/su13169403.

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Construction disputes are one of the main challenges to successful construction projects. Most construction parties experience claims—and even worse, disputes—which are costly and time-consuming to resolve. Lessons learned from past failure cases can help reduce potential future risk factors that likely lead to disputes. In particular, case law, which has been accumulated from the past, is valuable information, providing useful insights to prepare for future disputes. However, few efforts have been made to discover legal knowledge using a large scale of case laws in the construction field. The aim of this paper is to enhance understanding of the multifaceted legal issues surrounding construction adjudication using large amounts of accumulated construction legal cases. This goal is achieved by exploring dispute-related contract terms and conditions that affect judicial decisions based on their verdicts. This study builds on text mining methods to examine what type of contract conditions are frequently referenced in the final decision of each dispute. Various text mining techniques are leveraged for knowledge discovery (i.e., analyzing frequent terms, discovering pairwise correlations, and identifying potential topics) in text-heavy data. The findings show that (1) similar patterns of disputes have occurred repeatedly in construction-related legal cases and (2) the discovered dispute topics indicate that mutually agreed upon contract terms and conditions are import in dispute resolution.

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Santoso, Imam Budi, and Taun Taun. "PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP." University Of Bengkulu Law Journal 3, no. 1 (April 28, 2018): 15–22. http://dx.doi.org/10.33369/ubelaj.3.1.15-22.

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The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

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Santoso, Imam Budi, and Taun Taun. "PENERAPAN ASAS ULTIMUM REMEDIUM DALAM PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP." University Of Bengkulu Law Journal 3, no. 1 (June 28, 2019): 15–22. http://dx.doi.org/10.33369/ubelaj.v3i1.4795.

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The enforcement of environmental law in Indonesia today is growing , environmental laws and regulations are continuously equipped for sustainable development. But, enforcement of environmental law is still not as expected, in environmental law enforcement there are several ways of settlement that must be taken, administratively, alternatives dispute resolution and criminal law, but in criminal law enforcement regulated in Article 100 paragraph (2) of Law Number 32 Year 2009 on Environmental Protection and Management, criminal acts can only be applied if the administrative sanction is not complied with or violation is more than one time, then in explanation point 6 of Law Number 32 Year 2009 on Environmental Protection and Management, enforcement of environmental criminal law should pay attention to the principle of ultimum remedium which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful, and the application of the ultimum remedium principle applies only to certain offensive crimes, namely the prosecution of violations of waste water quality standards, emissions, and disturbances. However, if it is related to the legality principle contained in Article 1 paragraph (1) of the Criminal Code and the basis of criminal abrogation, the ultimum remedium principle is contradictory, criminal law should continue based on the principle of legality and stopped by the ultimum remedium principle on the basis of criminal sanction, whereas the basis of criminal abrogation has been clearly defined in the Criminal Code.

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Damanik, Kristwan Genova. "IMPLEMENTASI ASAS TANGGUNG JAWAB NEGARA SEBAGAI BENTUK PERLINDUNGAN HUKUM TERHADAP KERUSAKAN TERUMBU KARANG (Studi Kasus Kecelakaan Kapal MV Caledonian Sky di Raja Ampat)." Law Review 17, no. 3 (May 4, 2018): 250. http://dx.doi.org/10.19166/lr.v17i3.868.

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<em>In Law No.32/2009 on Environmental Protection and Management, the principle of state responsibility is one of the means of protecting pollution and/or environmental damage. The principle of state responsibility server to ensure the utilization of natural resources for the welfare of the people, both present and future generations.Normatively, laws and regulations regulate sanctions for perpetrators of environmental violations, but in the application of law there is unity of action (ego sectoral), so the dispute resolution becomes complicated<strong>. </strong>Inadequate legal understanding of the state’s affirmative officials results in constrained law enforcement, and well as regulated legal sanctions for officials who neglect to carry out the task of giving the impression the government is not serious about addressing environment violations.The various weaknesses and obstacles in applying the principle of state responsibility in the environmental law system in Indonesia related to ship MV Caledonian Sky accident is the core of research that poured in this paper</em>

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Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 3 (July 5, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2006/v9i3a2830.

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Issues of environmental law in the South African context once more characterise this final issue of 2006. Couzens and Dent, both from the University of KwaZulu-Natal, extensively discuss shortcomings that occurred in the process of authorization of the building of a dam that will have implications for some ecosystems in the Kruger National Park. Alternative dispute resolution, as provided for in the National Environmental Management Act (NEMA) emerges as a likely means for the resolution of the difficulties and under the creative title "Finding NEMA", the authors express the hope that much will in future be learnt from the errors that occurred in this case.

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Wondolleck, Julia. "The role of training in providing opportunities for environmental and natural resource dispute resolution." Environmental Impact Assessment Review 8, no. 3 (September 1988): 233–48. http://dx.doi.org/10.1016/0195-9255(88)90069-8.

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Young, Alasdair R. "Picking the Wrong Fight: Why Attacks on the World Trade Organization Pose the Real Threat to National Environmental and Public Health Protection." Global Environmental Politics 5, no. 4 (November 1, 2005): 47–72. http://dx.doi.org/10.1162/152638005774785435.

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A principal reason for popular concern about the World Trade Organisation is that national rules—especially those for environmental and public health pro-tection—may be overturned because they are incompatible with the WTO's rules. This article argues that while these concerns are not totally unfounded, they are exaggerated. A central reason for this exaggeration is that environmental and consumer advocates discount the pivotal role of governments in the dispute resolution process. Governments agree to the multilateral rules in the first place. Governments decide which market access barriers to pursue and how aggressively. Governments determine how to comply with a WTO judgment that goes against them. Furthermore, this article contends that by exaggerating the constraint imposed upon national governments by the WTO, consumer and environmental advocates run the risk of actually discouraging the very environmental and public health regulations they favor.

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Afriansyah, Arie, Anbar Jayadi, and Angela Vania. "Fighting the Giants: Efforts in Holding Corporation Responsible for Environmental Damages in Indonesia." Hasanuddin Law Review 4, no. 3 (January 3, 2019): 325. http://dx.doi.org/10.20956/halrev.v4i3.1626.

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This paper focuses on examining environmental cases before the Indonesian courts from the past ten years. To be specific, this paper will study four major cases with regard private law, six major cases with regard to criminal law, and class action cases in Indonesia. This period of time explains trending increase of environmental cases before the courts. In this regard, Alternative Dispute Resolution (ADR) becomes the main preference of settling the environmental disputes. However, ADR seems not able to bring justice to the fullest especially when it comes to the corporations. It is not justice to the fullest in the sense that there seems no deterrence ADR brings to the corporations when the corporations do indeed damages the environment. As the environmental awareness increases and at the same time, ADR seems fail to fulfill the expectation to save the environment, another way to bring justice emerges namely through various efforts in lawsuits. Nevertheless, such lawsuits are not perfect as there are varieties of results from Indonesian courts. This paper argues that such variety of decisions have been heavily influence by the availability of scientific data and the knowledge of the panel of judges. Specifically, in the case of class action lawsuit, those who defend the environment has limitation on resources usually initiate such lawsuit. Whereas, corporation that being sued is relatively have the capacity to face the trial due to its high financial resources. Nevertheless, “fighting the giants” has been the paradigm when it comes to pursue the responsibility of corporation of its wrongdoing especially environmental damages.

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Widyantara Putra, I. Ketut, and Kadek Agus Sudiarawan. "MEKANISME PENENTUAN GANTI RUGI ATAS KERUSAKAN LINGKUNGAN HIDUP OLEH PERUSAHAAN: PENDEKATAN PENYELESAIAN SENGKETA KEPERDATAAN." Kertha Semaya : Journal Ilmu Hukum 8, no. 10 (November 5, 2020): 1650. http://dx.doi.org/10.24843/ks.2020.v08.i10.p14.

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Penulisan artikel jurnal ini bertujuan untuk mengetahui bagaimana model penyelesaian sengketa lingkungan hidup melalui jalur keperdataan dan untuk mengetahui mekanisme dan pengaturan mengenai penentuan ganti rugi atas kerugian yang dialami dalam sengketa lingkungan hidup. Metode yang digunakan dalam penelitian hukum ini adalah metode penelitian hukum normatif, dengan menerapkan teknik deskripsi analisis yang menjawab permasalahan berdasarkan analisis bahan hukum serta perundang-undangan. Hasil penelitian menunjukan bahwa, terdapat 2 model penyelesaian sengketa lingkungan hidup melalui jalur keperdataan yang dapat ditempuh, yaitu jalur litigasi dan jalur non-litigasi. Pada penyelesaian sengketa melalui jalur litigasi, dalam mengajukan gugatan dapat dilakukan melalui beberapa model gugatan, yaitu Gugatan Perorangan, Gugatan Perwakilan Kelompok, dan Gugatan Organisasi Lingkungan Hidup. Sedangkan, pada jalur non-litigasi dapat dilakukan dengan cara negosiasi, mediasi, konsiliasi, dan arbitrase. Mengenai mekanisme dan pengaturan penentuan ganti rugi atas kerugian yang dialami dalam sengketa lingkungan hidup diatur dalam Undang-Undang Nomor 32 Tahun 2009, dimana pertanggung jawaban terhadap kerusakan lingkungan hidup dipertanggung jawabkan melalui tanggung jawab mutlak terhadap kerugian yang telah terjadi. Tanggung jawab mutlak ini, pihak penggugat tidak perlu membuktikan unsur kesalahan serta dapat dibarengi dengan ketentuan beban pembuktian terbalik. Mengenai pedoman penghitungan kerugian lingkungan hidup akibat kerusakan lingkungan hidup diatur dalam Peraturan Menteri Lingkungan Hidup RI No. 7 Tahun 2014. Writing this journal article aims to find out how to model environmental dispute resolution through civil channels and to find out the mechanisms and arrangements regarding the determination of compensation for losses experienced in environmental disputes. The method used in this legal research is the method of normative legal research, by applying the analysis description technique that answers problems based on the analysis of legal and statutory materials. The results showed that, there are 2 models of environmental dispute resolution through civil channels that can be taken, namely the litigation route and the non-litigation route. In dispute resolution through litigation, filing a lawsuit can be done through several lawsuit models, namely Individual Lawsuit, Class Representative Lawsuit, and Environmental Organization Lawsuit. Meanwhile, the non-litigation route can be carried out by means of negotiation, mediation, conciliation and arbitration. Regarding the mechanism and arrangement for determining compensation for losses suffered in environmental disputes is regulated in Law Number 32 of 2009, where responsibility for environmental damage is accounted for through absolute responsibility for the losses that have occurred. This absolute responsibility, the plaintiff does not need to prove the element of error and can be accompanied by the provision of a reverse burden of proof. Regarding the guidelines for calculating environmental losses due to environmental damage, it is regulated in the Regulation of the Minister of Environment of the Republic of Indonesia No. 7 of 2014.

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Tsitsas, George, Chavdar Kolev, Liliana Radoi, and Vlad Petrila. "Technical and Contractual Trends for Micro Tunneling Projects in Romania and Bulgaria." Advanced Engineering Forum 21 (March 2017): 609–18. http://dx.doi.org/10.4028/www.scientific.net/aef.21.609.

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This publication provides an overview of the current technical and contractual trends that govern the execution of micro-tunneling projects in both Romania and Bulgaria. Technical issues discussed include available equipment and technologies, aspects related to the complexity and challenges of these works, comparisons between the open trench and trenchless methods, environmental impact, and other. Legal issues discussed include contractual schemes, relationship between the parties involved, dispute resolution, and contract types in compliance with both the national as well as the European Union law. Appropriate technical equipment is recommended to avoid risk in implementation and ensure the quality of finished products.

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Hossu, Constantina Alina, Ioan Cristian Iojă, Maria Pătroescu, Adrian Dușa, and Anna M. Hersperger. "Dispute Resolution and Collaborative Decision-Making: What Accounts for Their Effectiveness? The Case of Romania." Sustainability 11, no. 24 (December 10, 2019): 7072. http://dx.doi.org/10.3390/su11247072.

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Collaborative dispute resolution is essential in natural resource management in the process of negotiating solutions to environmental issues. Our study aims to look at the factors which appear to contribute to the effectiveness of collaborative problem-solving efforts in case studies of environmental conflicts in Romania. The selected case studies illustrate conflicts over the management of natural resources, human-wildlife conflicts, as well as conflicts between development and conservation. A framework for collaborative governance and the multi-value qualitative comparative analysis (mvQCA) method are used to assess and compare 27 case studies in order to identify the factors that bring about success in the resolution of the conflicts in question. Our results indicate that a combination of different characteristics of shared motivation and joint action is sufficient for reaching agreement on the contested issues. However, most of the agreements are not stable due to political and administrative reasons. This study discusses the opportunities and constraints under which collaborative efforts unfold in the case studies. It could also help managers to enhance collaboration in the resolution process for environmental conflicts in the future.

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Schofield, Clive. "Minding the Gap: The Australia–East Timor Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS)." International Journal of Marine and Coastal Law 22, no. 2 (2007): 189–234. http://dx.doi.org/10.1163/157180807781361520.

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AbstractThe intertwined issues of the delimitation of maritime boundaries and the division of the resources, particularly petroleum resources, of the Timor Sea have served as a persistent irritant in bilateral relations between Australia and East Timor since the latter's independence in 2002. In 2003 an International Unitization Agreement for the Greater Sunrise complex of fields was signed. This was followed by the conclusion in 2006 of the Treaty on Certain Maritime Arrangements in the Timor Sea. The subsequent entry into force of these agreements, in February 2007, appears to resolve this contentious dispute, at least for the foreseeable future. This article explores the background to the dispute and positions of the parties, traces the progress of negotiations towards its interim resolution and then assesses the agreements themselves. It is concluded that while the agreements are, on balance, somewhat more favourable to Australia than to East Timor, they can still be viewed as beneficial to both parties.

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Dyoulgerov, Milen. "Navigating the Bosporus and the Dardanelles: A Test for the International Community." International Journal of Marine and Coastal Law 14, no. 1 (1999): 57–100. http://dx.doi.org/10.1163/157180899x00039.

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AbstractThis article addresses the ongoing controversy over the 1994 Regulations imposed by Turkey over the traffic flow in the Strait of Istanbul, the Strait of Canakkale and the Sea of Marmara. It provides background information and a synopsis of the conflict, reviews the consistency of the Turkish Regulations with the existing international law, and offers a constructive suggestion for resolving the impasse. The navigation and the geo-political situation of the Straits is laid out followed by a presentation of, and comments on, the elements of the existing international legal regime governing the navigation in the Straits. A synopsis of the dispute is offered and the Turkish Regulations are reviewed. Elaborating on their ramifications, the article concludes that, while changes of the navigation control scheme of the Straits are unavoidable, it is only prudent for all involved parties to seek a lasting resolution of the present dispute through the amendment mechanism provided in the 1936 Montreux Convention. A framework for achieving this objective is presented.

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Rowe, Gerard C., and Rob Brian. "Meeting the Needs of Comparative and International Legal Research in Australia: A Library Project—A Report and Proposal*." International Journal of Legal Information 20, no. 3 (1992): 238–64. http://dx.doi.org/10.1017/s0731126500007939.

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Common Law systems have always practiced a fairly consistent comparative legal research and scholarship. Initially through the mere exportation of rules and principles from England this was a somewhat centripetal comparative law but it has passed through various modes of radial, circumferential, centrifugal and ultimately polycentric comparisons and cross-fertilizations. Nevertheless, this exercise in comparative law, also in Australia, has remained largely within the boundaries of the Common Law world. It is no longer possible for legal research to be conducted wholly within the boundaries of a single legal system, even that of the enlarged Common Law. Legal researchers need to look beyond the borders of their own jurisdictions. Hardly any legal system today is capable of operating without international interactions requiring a knowledge of foreign legal systems, and many legal problems, or socio-economic problems which law must help to solve, may find useful models elsewhere. In Australia there are needs for reform in fields such as intellectual property, banking or consumer law, and for providing qualified advice including predictions of developments in foreign legal systems to ensure that foreign commerce and trade is fully informed of potential benefits and disadvantages to be found under foreign law. Australia must also be able to take its proper place in fields such as international environmental protection, and to take advantage of potentially beneficial developments in dispute resolution techniques. All of these situations are ones in which, by looking outside their national and even Common Law framework, Australian legal researchers will be better placed to provide concrete benefits to Australian society.

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Usman, Abdurrahman Supardi. "LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM." Jurnal Ilmiah Hukum LEGALITY 26, no. 1 (August 15, 2018): 1. http://dx.doi.org/10.22219/jihl.v26i1.6610.

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Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

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Kwiatkowska, Barbara. "The 2006 Barbados/Trinidad and Tobago Award: A Landmark in Compulsory Jurisdiction and Equitable Maritime Boundary Delimitation." International Journal of Marine and Coastal Law 22, no. 1 (2007): 7–60. http://dx.doi.org/10.1163/157180807781475245.

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AbstractThis article provides a comprehensive analysis of the unanimous 2006 Award of the Five-Member Tribunal established under Annex VII of the 1982 Law of the Sea Convention (LOSC) by Barbados and Trinidad and Tobago regarding the delimitation of their fish and oil-rich Exclusive Economic Zones (EEZ) and Continental Shelves (CS). It surveys the procedural significance of several unprecedented pronouncements made by the Arbitral Tribunal with respect to Articles 281–283 LOSC and their relationship to LOSC Articles 74 and 83, which allowed the Tribunal to uphold its compulsory jurisdiction over the delimitation of the EEZ/CS up to 200 nautical miles and of the outer CS beyond this limit. The article commences with the Tribunal's appraisal of the modern law and process of equitable maritime boundary delimitation, followed by its application of that law consistently with the vast jurisprudence of the International Court of Justice and previous arbitral tribunals. In a two-stage process, the Tribunal drew a provisional, single equidistant boundary line and then considered whether that line needed to be adjusted in view of special circumstances and the proportionality test for an equitable result. This process is traced against the background of the factual and legal contentions disputed by the parties in the Western and Eastern sectors. The Tribunal also provided an important incentive for resolution of the associated fisheries dispute by calling upon the parties to conclude, pursuant to LOSC Article 63, a new agreement on Barbados's access to flying fish stocks in Trinidad's EEZ.

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Galperin, Yakov, and Isaac R. Kaplan. "Forensic Environmental Geochemistry in Dispute Resolution—Case History 2: Differentiating Sources of Diesel Fuel in a Plume at a Fueling Station." Environmental Forensics 9, no. 1 (March 17, 2008): 55–62. http://dx.doi.org/10.1080/15275920801888269.

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Tinker, Catherine. "The Guarani Aquifer Accord." Law & Practice of International Courts and Tribunals 15, no. 2 (September 22, 2016): 249–63. http://dx.doi.org/10.1163/15718034-12341321.

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The Guarani Aquifer Accord of 2010 represents a plan for the multiple, sustainable, equitable and reasonable use of the water of the Guarani Aquifer System and a pledge to prevent significant harm to this vast natural resource in South America. Based on good science and good international law, this regional agreement was reached by Brazil, Argentina, Uruguay and Paraguay, acknowledging the environmental, economic and geopolitical importance of the underground water linking the four states known as the “Guarani Aquifer System.” The Guarani Aquifer Accord (“Acordo sobre o Aquífero Guarani” or “Acuerdo Aquífero Guarani”) is the first regional treaty to be modeled after the International Law Commission Draft Articles on Transboundary Aquifers of 2008, which address “confined” aquifers that are outside the scope of the United Nations Watercourses Convention of 1997. This article explores the Guarani Aquifer Accord’s provisions for exchanges of scientific and technical information, notification and consultation, direct negotiations, referral to a joint commission to be created once the Accord enters into force for evaluation and recommendations in case of a dispute, and the option of a subsequent arbitration protocol to be negotiated in future. Taken together, procedural requirements and the provisions in the Accord in favor of diplomatic and political resolution of future disputes over the use and protection of the water may forestall the need to resort to litigation in international courts or tribunals. This article concludes that, even absent an additional protocol for arbitration of disputes and absent the establishment of a joint commission to facilitate information exchange, convene regular meetings and build trust as contained in the agreement, the Guarani Aquifer Accord provides a framework for regional cooperation designed to avoid or resolve conflicts.

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Galperin, Yakov, and Isaac R. Kaplan. "Forensic Environmental Geochemistry in Dispute Resolution—Case History 1: Age-Dating a Gasoline Plume at a Service Station in Geneva, New York." Environmental Forensics 8, no. 4 (December 18, 2007): 339–49. http://dx.doi.org/10.1080/15275920701729290.

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Keyuan, Zou. "The Chinese Traditional Maritime Boundary Line in the South China Sea and Its Legal I Consequences for the Resolution of the Dispute over the Spratly Islands." International Journal of Marine and Coastal Law 14, no. 1 (1999): 27–55. http://dx.doi.org/10.1163/157180899x00020.

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AbstractChina's traditional maritime boundary line, commonly known as the U-shaped line in the South China Sea, has been queried frequently in various circles, whether governmental or academic, on its real meaning. This article addresses the legal implications of this line for the Spratly Islands dispute, including, inter alia, the origin and evolution of the line, China's attitude towards and practice relating to the line, reactions from other South China Sea countries, the relevance of the line to the concept of historic waters and other law of the sea concepts, and the potential role to be played by the line in the future delimitation of maritime boundaries in the South China Sea.

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Schoenbaum, Thomas J. "International Trade and Protection of the Environment: The Continuing Search for Reconciliation." American Journal of International Law 91, no. 2 (April 1997): 268–313. http://dx.doi.org/10.2307/2954212.

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Before 1991, the relationship between the protection of the environment and international trade was an arcane specialty that attracted little attention. In 1971 the GATT Council established a Working Group on Environmental Measures and International Trade. This group did not even meet for over twenty years.Everything changed with the decision in the Tuna/Dolphin I case, in which a GATT dispute resolution panel declared a United States embargo on tuna caught by fishing methods causing high dolphin mortality to be illegal. The Tuna/Dolphin I decision produced an explosion of rhetoric in both learned journals and the popular press. It was also a very interesting clash of very different “cultures,” trade specialists versus environmentalists. At die outset, neither group knew much about the other. Now, however, the legal and political issues have been identified and ventilated, mutual understanding has increased, and the process has begun to reconcile two values that are absolutely essential to the well-being of mankind: protection of the environment and international free trade.

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Feria-Tinta, Monica, and Simon C. Milnes. "The Rise of Environmental Law in International Dispute Resolution: The Inter-American Court of Human Rights Issues a Landmark Advisory Opinion on the Environment and Human Rights." Yearbook of International Environmental Law 27 (January 1, 2016): 64–81. http://dx.doi.org/10.1093/yiel/yvy004.

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Goldstein, Judith, Miles Kahler, Robert O. Keohane, and Anne-Marie Slaughter. "Introduction: Legalization and World Politics." International Organization 54, no. 3 (2000): 385–99. http://dx.doi.org/10.1162/002081800551262.

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In many issue-areas, the world is witnessing a move to law. As the century turned, governments and individuals faced the following international legal actions. The European Court of Human Rights ruled that Britain's ban on homosexuals in the armed forces violates the right to privacy, contravening Article 8 of the European Convention on Human Rights. The International Criminal Tribunal for the Former Yugoslavia indicted Yugoslav president Slobodan Milosevic during a NATO bombing campaign to force Yugoslav forces out of Kosovo. Milosevic remains in place in Belgrade, but Austrian police, bearing a secret indictment from the International Criminal Tribunal, arrested a Bosnian Serb general who was attending a conference in Vienna. In economic affairs the World Trade Organization (WTO) Appellate Body found in favor of the United States and against the European Union (EU) regarding European discrimination against certain Latin American banana exporters. A U.S. district court upheld the constitutionality of the North American Free Trade Agreement (NAFTA) against claims that its dispute-resolution provisions violated U. S. sovereignty. In a notable environmental judgment, the new Law of the Sea Tribunal ordered the Japanese to cease all fishing for southern bluefin tuna for the rest of the year.

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Jurgilewicz, Marcin, and Kamila Spalińska. "The role of a mediator in real property disputes." Nieruchomości@ III, no. III (September 30, 2021): 63–77. http://dx.doi.org/10.5604/01.3001.0015.2477.

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Being one of alternative forms of legal disputes resolution, mediation is an institution which is becoming more and more popular as its use increases statistically. In practice, mediation is used mainly in civil law disputes, however, the legislators have introduced normative solutions in almost every branch of law to enable the use of this solution if the parties so desire. One of the areas where mediation can be used is also real property disputes. The subject of those disputes will most often be issues related to the mutual performance of financial obligations, although they may also apply to administrative matters. A mediator will play a special role in resolving real property disputes. It is the mediation procedure, well-organized and properly conducted by the mediator, that might determine whether the parties would reach an agreement and make a settlement, or whether no agreement would be attainable. Therefore, it is of essence that mediation proceedings, particularly in real property disputes, are conducted by mediators who not only have conciliation skills, but also extensive legal knowledge, so as not to miss any chance for conflict resolution. Therefore, in the article, the authors drew attention to the essence of mediation, and in particular the role of a mediator in resolving real property disputes

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McIvor, C., and M. Zeegers. "P1-238 The potential contribution of epidemiology to the resolution of disputes about causation in personal injury law." Journal of Epidemiology & Community Health 65, Suppl 1 (August 1, 2011): A132. http://dx.doi.org/10.1136/jech.2011.142976e.31.

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

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