Environmental Dispute Resolution In Indonesia

Author : David Nicholson
Publisher : BRILL
Page : 352 pages
File Size : 49,8 Mb
Release : 2009-01-01
Category : History
ISBN : 9789004253865

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Environmental Dispute Resolution in Indonesia by David Nicholson Pdf

In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes.

Author : David Fergus Nicholson
Publisher : Unknown
Page : 334 pages
File Size : 51,8 Mb
Release : 2010
Category : Dispute resolution (Law)
ISBN : 9814279935

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Environmental Dispute Resolution in Indonesia by David Fergus Nicholson Pdf

Indonesia's Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyze the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia.

Author : Koesnadi Hardjasoemantri
Publisher : Unknown
Page : 68 pages
File Size : 51,6 Mb
Release : 1994
Category : Environmental law
ISBN : UOM:39015038122142

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Environmental Legislation in Indonesia by Koesnadi Hardjasoemantri Pdf

Author : Takdir Rahmadi
Publisher : National Library of Canada
Page : 490 pages
File Size : 50,7 Mb
Release : 1987
Category : Environmental mediation
ISBN : 031540230X

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Environmental Mediation [microform] : the North American Experiences and Potential Applicability in Indonesia by Takdir Rahmadi Pdf

Author : Adriaan Bedner,Nicole Niessen
Publisher : Leiden University Press
Page : 176 pages
File Size : 45,5 Mb
Release : 2003
Category : Environmental law
ISBN : UCSD:31822032536328

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Towards Integrated Environmental Law in Indonesia? by Adriaan Bedner,Nicole Niessen Pdf

At its heart this collection of essays concerns the current state of Indonesian environmental law, departing from the question of whether there is now a coherent and accessible framework for environmental management. The authors provide the reader with an overview of Indonesian environmental policymaking and the political context in which it has emerged. The essays analyse the general features and principles of the Environmental Management Act of 1997, the frameworks for enforcement and dispute resolution, and the relation with the vital areas of forestry law and spatial planning. Two more theoretical discussions that are highly topical in the Indonesian legal environmental discourse contextualise the subject: first, the use and role of the vital concepts of integration, harmonisation and co-ordination of environmental law and policy; and second, the relation between enforcement and voluntary compliance mechanisms. The authors also explore potential paths towards better environmental law in Indonesia.

Author : Christopher Napier
Publisher : Gaunt
Page : 296 pages
File Size : 46,5 Mb
Release : 1998
Category : Law
ISBN : UOM:39015041783724

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Environmental Conflict Resolution by Christopher Napier Pdf

Author : Edward Christie
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 40,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 1781956324

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Finding Solutions for Environmental Conflicts by Edward Christie Pdf

Environmental conflicts over sustainability, EIA, biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR). This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts of environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts and will be valuable to any environmental professional. This book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is in issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will also of course strongly appeal to academics and researchers of environmental studies and environmental law. It will also appeal to the indigenous community and environmental groups who are seeking more direct and effective inputs into resolving environmental conflicts.

Author : Tun Lin,Canfa Wang,Yi Chen,Trisa Camacho,Fen Lin
Publisher : Asian Development Bank
Page : 77 pages
File Size : 40,9 Mb
Release : 2009-12-01
Category : Law
ISBN : 9789292547424

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Green Benches by Tun Lin,Canfa Wang,Yi Chen,Trisa Camacho,Fen Lin Pdf

The rapid economic growth of the People's Republic of China (PRC) over the last 30 years has generated many environmental problems and a concomitant rise in the number of environmental disputes. Until 1989, legal cases arising from these disputes were usually heard in the people's courts of general jurisdiction. In that year, however, the development of the environment court system accelerated, leading to the creation of 11 such courts for pilot cases, a sign of the high priority the PRC has given to environmental protection over the past two decades. This publication examines the effectiveness of environment courts in the PRC and elsewhere, so that the lessons learned can be applied in the PRC and in other developing countries. It also recommends ways to promote environmental justice in the PRC, given that the 11 environment courts are no longer enough to handle the rapidly increasing caseload throughout the country.

Author : Andrew Harding
Publisher : Martinus Nijhoff Publishers
Page : 397 pages
File Size : 41,8 Mb
Release : 2007
Category : Law
ISBN : 9789004157835

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Access to Environmental Justice by Andrew Harding Pdf

Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.

Author : Shahla Ali
Publisher : Taylor & Francis
Page : 255 pages
File Size : 48,6 Mb
Release : 2023-02-10
Category : Law
ISBN : 9781000825039

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Comparative and Transnational Dispute Resolution by Shahla Ali Pdf

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

Author : Michael Charles Pryles
Publisher : Kluwer Law International B.V.
Page : 518 pages
File Size : 45,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124463

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Dispute Resolution in Asia by Michael Charles Pryles Pdf

Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com

Author : Emma Lees,Jorge E. Viñuales
Publisher : Oxford Handbooks
Page : 1316 pages
File Size : 41,9 Mb
Release : 2019-04
Category : Law
ISBN : 9780198790952

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Oxford Handbook of Comparative Environmental Law by Emma Lees,Jorge E. Viñuales Pdf

This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. 0The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

Author : Fitrian Ardiansyah,Andri Akbar Marthen,Nur Amalia
Publisher : CIFOR
Page : 114 pages
File Size : 53,7 Mb
Release : 2015-10-02
Category : Electronic book
ISBN : 9786023870103

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Forest and land-use governance in a decentralized Indonesia: A legal and policy review by Fitrian Ardiansyah,Andri Akbar Marthen,Nur Amalia Pdf

Which levels of government hold powers over forests and land use in Indonesia? Which powers and responsibilities are centralized, and which are decentralized? What role can citizens play? This report reviews the statutory distribution of powers and responsibilities across levels and sectors. It outlines the legal mandates held by national, regional and local governments with regard to land and forests, including titling, forest concessions, oil and minerals investments, oil palm plantations, conservation, land use planning, and more. The review considers national legislation as of 2014 and incorporates important reforms in early 2015. After a short introduction, the second section describes the decentralization process, including mechanisms for public participation. The third section outlines sources of revenue available to different government levels from forest fees and payments for environmental services. The fourth section details the specific distribution of powers and arenas of responsibility related to multiple land use sectors across levels and among offices within levels, and the fifth and final section refers specifically to adat law. Summary tables are included for each different policy arena to facilitate analysis across government levels and functions: policy making, administration, control and monitoring, auditing and sanction.

Author : Christina Voigt,Zen Makuch
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 42,5 Mb
Release : 2024-06-12
Category : Electronic
ISBN : 9781788114677

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Courts and the Environment by Christina Voigt,Zen Makuch Pdf

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.

Author : Sacchidananda Mukherjee,Debashis Chakraborty
Publisher : Routledge
Page : 282 pages
File Size : 55,5 Mb
Release : 2015-03-02
Category : Business & Economics
ISBN : 9781317508939

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Environmental Challenges and Governance by Sacchidananda Mukherjee,Debashis Chakraborty Pdf

The economies located in East, South and Southeast Asia have witnessed an interesting growth-sustainability trade-off over the last decades. While growth considerations have paved ways for deepened ties with growing trade-investment waves and increasing population pressure necessitated exploitation of hitherto unutilized natural resources, focus on environmental sustainability has been a recent consideration. The growth impetus still playing a key role in these economies, it becomes imperative that the countries effectively address the key sustainability concerns, e.g. air and water pollution, land degradation, loss of biodiversity, climate change issues like CO2 emissions etc. But how prepared is the governance mechanism of these countries, covering not only the legislative and administrative framework but also involvement of the judiciary, presence of spirited civil society and active engagement of stakeholders in policy-framing dialogues, to rise up to these challenges? The book seeks an answer to this question through the environmental governance mechanism and natural resource conservation policies in three vibrant regions within Asia. A holistic development dimension of sustainable development path emerges, through discussion of policies adopted by developed (Japan, South Korea), upper-middle (China, Malaysia), developing (India, Indonesia, Philippines, Sri Lanka, Thailand) and least developed countries (Bangladesh, Myanmar, Nepal).