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Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.
Sommario
Part I: The Legal Framework of Environmental Mediation
Chapter 1: Recent developments in Ukraine - Nadiya Kobetska and Svitlana Romanko
Chapter 2: Environmental mediation deficiencies in China and potential remedies - Haifeng Deng
Chapter 3: A legal status for mediation in general administrative law in The Netherlands? - Kars J. de Graaf and Hanna D. Tolsma
Chapter 4: Is it time for a global legal framework in Belgium? - Geert Van Hoorick, Lise Vandenhende and Brecht Warnez
Chapter 5: A new Code of civil procedure in canada and needs for further developments in environment - Catherine Choquette and Véronique Fraser
Part II: The environmental mediation processes
Chapter 6: A territorial dialogue in France - Philippe Barret and Pierre-Yves Guihéneuf
Chapter 7: Negotiated rulemaking for the Brownfields Law in the United States of America - Susan Podziba and Patricia Overmeyer
Chapter 8: The co-construction of projects with environmental externalities - Antonia-Djémila Bousbaine and Christopher Bryant
Chapter 9: Mediating potential environmental conflict with a social learning model: six case studies from the State of Santa Catarina, Brazil - Anne Browning-Aiken, José Antonio Silvestre Fernandes Neto and Daniel José Da Silva
Chapter 10: The environmental complaint letters and visits system in China - Shijun Zhang
Info autore
Catherine Choquette is a Full Professor of Law at the University of Sherbrooke where she teaches at the School of Law and at the School of Environment. She holds a Doctorate in Law from the University of Chicago and a Master in Biology from McGill University. She is a lawyer called to the bar of the Province of Quebec and a member of the Quebec Institute for Mediation and Arbitration.
Veronique Fraser is an Assistant Professor of Law at the University of Sherbrooke where she teaches in the Master in Dispute Prevention and Resolution. She holds a Doctorate in Law from the University of Ottawa, a Master in Transnational Law and Common Law from the University of Sherbrooke and a Master of Laws in Dispute Resolution from Pepperdine University School of Law. She is a lawyer called to the bars of the provinces of Quebec and Ontario and an accreditated mediator by the Quebec Institute for Mediation and Arbitration.
Riassunto
This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world.
