Finding Solutions for Environmental Conflicts: Power and NegotiationEnvironmental 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 co |
Contents
Introduction | 1 |
The growth of environmental law | 2 |
Global trends in the resolution of environmental conflicts | 4 |
BATNA analysis | 5 |
Environmental negotiations and knowledge power | 7 |
the challenge | 8 |
law science and ADR in perspective | 10 |
Organisation of the book | 12 |
Finding solutions for managing and resolving information conflicts in the EIA process | 159 |
Traditional Indigenous knowledge and the EIA process | 162 |
Litigation v negotiation and EIA conflicts | 164 |
Risk precaution and the environment biotechnology | 165 |
Biotechnology and sustainable development | 168 |
international environmental conventions | 177 |
Legal rights as a source of knowledge power for negotiating solutions | 179 |
The precautionary principle scientific uncertainty and administrative decisionmaking | 182 |
Summary | 13 |
Principles and concepts in environmental decisionmaking | 15 |
Questions of law | 18 |
International environmental treaties and conventions | 20 |
Scientifictechnical facts and theory | 23 |
Policy | 26 |
Values | 28 |
Facts and knowledge power | 33 |
litigation v negotiation | 35 |
Expert evidence and litigation | 36 |
Litigated v negotiated outcomes | 40 |
Constraints to participation in public interest environmental conflicts | 43 |
public participation | 46 |
Public participatory approaches | 47 |
Participatory approaches power and administrative decisionmaking | 50 |
ADR v public participation and power | 53 |
Traditional Indigenous knowledge and participation | 55 |
implications for public participation | 58 |
Freedom of information legislation and public participation | 59 |
Legislative approaches to the regulatory control of information | 61 |
implications for public participation | 65 |
Enforcement of environmental laws legal rights conflict resolution knowledge power and negotiation | 69 |
judicial review of administrative decisions | 70 |
Approaches to judicial review | 71 |
Australia the UK and the United States | 73 |
Judicial review and environmental conflicts | 76 |
performance of public duties and judicial review | 83 |
Remedies for judicial review | 84 |
Opportunities for judicial review | 87 |
standing to sue and administrative decisionmaking | 88 |
knowledge power of legal rights power relationships and environmental negotiations | 99 |
Conclusion | 102 |
Sustainability and the environment | 105 |
international declarations | 107 |
Legislative approaches for the regulatory control of sustainable development | 109 |
legal rights as a source of power for negotiating solutions | 115 |
scientific methodology | 118 |
Incorporating multiobjective analysis multiple criteria decision aid methodology into the environmental conflict resolution process | 122 |
a special challenge for conflict resolution | 126 |
litigation v negotiation | 130 |
Environmental impact assessment | 133 |
EIA and sustainable development | 136 |
The scope and purpose of an EIS | 137 |
Legislative approaches and the EIA process | 140 |
International environmental conventions and declarations | 150 |
Power information disclosure and the EIA process | 152 |
Participatory decisionmaking sharing power and the EIA process | 157 |
an overview | 186 |
Regulatory approaches to risk assessment | 188 |
Scientific uncertainty and risk assessment | 190 |
Public perceptions and risk assessment | 192 |
risk and deliberate release of GMOs | 193 |
Finding solutions for managing and resolving information conflicts for biotechnology and risk | 196 |
Litigation v negotiation and biotechnology conflicts | 199 |
Hazardous chemicals and public health | 201 |
Global chemical use and sustainable development | 203 |
Legislative approaches for the regulatory control of hazardous chemicals | 204 |
International environmental conventions and global chemical use | 214 |
Legal rights as a source of knowledge power for negotiating solutions | 215 |
a scientific perspective | 216 |
a legal perspective | 217 |
medicolegal principles | 220 |
exposure assessment details | 224 |
characterisation of risk | 225 |
Power and tactics in hazardous chemicalpublic health conflicts | 228 |
the scope for ADR and interestbased negotiation | 229 |
litigation v negotiation | 232 |
Biodiversity and threatened species | 235 |
Biodiversity conservation and sustainable development | 237 |
Legislative approaches for the regulatory control of threatened species | 238 |
International environmental conventions and biodiversity | 247 |
legal rights as a source of knowledge power for negotiating solutions | 248 |
Science land degradation and habitat change | 250 |
Objective scientific criteria for evaluating and designating critical habitat | 252 |
alternative approaches | 254 |
Traditional Indigenous knowledge and conflict resolution | 258 |
litigation v negotiation | 259 |
Managing and resolving environmental conflicts by negotiation NIMBY or NIMBI? | 263 |
Litigation v negotiation and environmental conflict resolution | 266 |
The best alternative to a negotiated agreement and environmental conflicts | 269 |
Screening of an environmental conflict and BATNA analysis | 273 |
Sharing power and BATNA analysis | 274 |
unifying principles | 275 |
ADR processes and environmental conflicts | 277 |
A model for managing and resolving environmental conflicts by negotiation | 280 |
Conclusion | 293 |
Common terminology adopted | 295 |
Glossary of acronyms | 297 |
| 299 | |
Table of authorities statutes regulations conventions | 319 |
Table of cases | 323 |
| 327 | |
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Finding Solutions for Environmental Conflicts: Power and Negotiation Edward Christie No preview available - 2008 |
Common terms and phrases
Aarhus Convention administrative decision administrative decision-making process ADR and interest-based ADR and negotiation ADR process application arise Australia Basel Convention BATNA analysis biodiversity Biosafety Protocol biotechnology civil enforcement action conflict assessment conflict resolution consultation court criteria critical habitat deliberate release dispute resolver ecological effectively EIA process ensure environment environmental assessment environmental impacts Environmental Law environmental legislation Environmental Protection EP Act EPBC Act evaluation expert exposure Federal finding solutions Genetically Modified Organisms GMOs Government agency GT Act Habitats Directive hazardous chemical hazardous waste human health identified Indigenous information conflicts interest-based negotiation involve issue judicial review challenge knowledge power legal rights litigation managing and resolving merits review objective outcome participatory approaches parties potential precautionary principle prescribed provides public participation recognised Regulations regulatory control relation relevant resolving environmental conflicts risk assessment risk management scenario scientific round table significant SLAPP statute statutory sustainable development threatened species United Kingdom