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Finding Solutions for Environmental Conflicts

Hardback

Finding Solutions for Environmental Conflicts

Power and Negotiation

9781847200709 Edward Elgar Publishing
Edward Christie, Barrister and Mediator, Queensland Bar, Australia, formerly, Associate Professor (Applied Ecology) Faculty of Environmental Sciences, Griffith University, Australia and formerly, Environmental Member, Administrative Appeals Tribunal, Commonwealth of Australia
Publication Date: 2008 ISBN: 978 1 84720 070 9 Extent: 360 pp
The 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 an 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.

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Critical Acclaim
Contents
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Environmental conflicts over sustainability, environmental impact assessment (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) and reframes the role of law and science. This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts for 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 environmental professionals. The book also promotes the use of Indigenous traditional knowledge for resolving conflicts over sustainability, biodiversity and the EIA process.

The 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 an 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 of course be of great interest to academics and researchers of environmental studies and environmental law. It will also appeal to the Indigenous community, environmental groups and local communities who are seeking more direct and effective inputs into finding sustainable solutions for environmental conflicts.
Critical Acclaim
‘Edward Christie’s Finding Solutions for Environmental Conflicts does more than just analyze the processes through which environmental conflicts can be resolved. The text takes its readers through the basic principles of the environmental decision-making process and explains how litigation, in addition to alternative dispute resolution techniques such as negotiation, can be used to address environmental problems. What makes Christie’s text unique is that it helps readers to understand the legal system of not only the United States, but of the United Kingdom and Australia as well, providing readers with a broad sense of the interactions of law and environmental decision-making processes in other common law nations.’
– Frances Kabat, Buffalo Environmental Law Journal

‘Overall, Christie’s text provides readers with a very thorough understanding of the legal and ADR processes which can be used to resolve environmental disputes. Christie introduces readers to key concepts in ADR such as BATNA analysis and explains how this analysis can be applied to shed light on different aspects of the conflict resolution process. This text also provides readers with a strong understanding of legal mechanisms that need to be considered during the conflict resolution process. Christie’s treatment of environmental conflict resolution goes beyond most texts on environmental conflict resolution because he provides readers with an understanding of the legal processes affecting environmental conflict resolution in the United Kingdom and Australia. This perspective helps readers understand the truly global nature of environmental conflict and the different strategies that can be employed to resolve these conflicts.’
– Frances Kabat, Buffalo Environmental Law Journal

‘If this book is read, and its contents are heeded, as widely as is justified, then the days of the application of traditional dispute-resolution procedures to environmental disputes should be over in the 21st century.’
– From the foreword by Justice Peter R.A. Gray
Contents
Contents: Foreword: Justice Peter R.A. Gray, Federal Court of Australia 1. Introduction 2. Principles and Concepts in Environmental Decision-Making 3. Constraints to Participation in Public Interest Environmental Conflicts 4. Enforcement of Environmental Laws: Legal Rights, Conflict Resolution, Knowledge Power and Negotiation 5. Sustainability and the Environment 6. Environmental Impact Assessment 7. Risk, Precaution and the Environment: Biotechnology 8. Hazardous Chemicals and Public Health 9. Biodiversity and Threatened Species 10. Managing and Resolving Environmental Conflicts by Negotiation: NIMBY or NIMBI? Bibliography Index
eBook
$57.60
eISBN: 978 1 78195 632 8
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