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Environmental Dispute Resolution In Indonesia
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Book Synopsis Environmental Dispute Resolution in Indonesia by : David Nicholson
Download or read book Environmental Dispute Resolution in Indonesia written by David Nicholson and published by BRILL. This book was released on 2009-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental Dispute Resolution in Indonesia by : David Fergus Nicholson
Download or read book Environmental Dispute Resolution in Indonesia written by David Fergus Nicholson and published by . This book was released on 2010 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Oxford Handbook of Comparative Environmental Law by : Emma Lees
Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-05-06 with total page 1296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The 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.
Book Synopsis Access to Environmental Justice by : Andrew Harding
Download or read book Access to Environmental Justice written by Andrew Harding and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Book Synopsis Resolving Environmental Disputes by : Gail Bingham
Download or read book Resolving Environmental Disputes written by Gail Bingham and published by . This book was released on 1986 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative and Transnational Dispute Resolution by : Shahla Ali
Download or read book Comparative and Transnational Dispute Resolution written by Shahla Ali and published by Taylor & Francis. This book was released on 2023-02-10 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dispute Resolution in Asia by : Michael Charles Pryles
Download or read book Dispute Resolution in Asia written by Michael Charles Pryles and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Environmental Challenges and Governance by : Sacchidananda Mukherjee
Download or read book Environmental Challenges and Governance written by Sacchidananda Mukherjee and published by Routledge. This book was released on 2015-03-02 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Courts and the Environment by : Christina Voigt
Download or read book Courts and the Environment written by Christina Voigt and published by Edward Elgar Publishing. This book was released on with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Land and Development in Indonesia by : John F. McCarthy
Download or read book Land and Development in Indonesia written by John F. McCarthy and published by ISEAS-Yusof Ishak Institute. This book was released on 2016-05-18 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia was founded on the ideal of the “Sovereignty of the People”, which suggests the pre-eminence of people’s rights to access, use and control land to support their livelihoods. Yet, many questions remain unresolved. How can the state ensure access to land for agriculture and housing while also supporting land acquisition for investment in industry and infrastructure? What is to be done about indigenous rights? Do registration and titling provide solutions? Is the land reform agenda — legislated but never implemented — still relevant? How should the land questions affecting Indonesia’s disappearing forests be resolved? The contributors to this volume assess progress on these issues through case studies from across the archipelago: from large-scale land acquisitions in Papua, to asset ownership in the villages of Sulawesi and Java, to tenure conflicts associated with the oil palm and mining booms in Kalimantan, Sulawesi and Sumatra. What are the prospects for the “people’s sovereignty” in regard to land?
Book Synopsis Environmental Regulation and Public Disclosure by : Shakeb Afsah
Download or read book Environmental Regulation and Public Disclosure written by Shakeb Afsah and published by Routledge. This book was released on 2013-03-05 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a remarkable case study of an environmental policy initiative for a national environmental regulatory system in the information age. In 1995 the Indonesian Ministry of Environment took the bold step to launch an environmental disclosure initiative called the Program for Pollution Control, Evaluation and Rating (PROPER). Under PROPER, environmental performance of companies is mapped into a five-color grading scale – Gold for excellent, Green for very good, Blue for good, Red for non-compliance, and Black for causing environmental damage. These ratings are then publicly disclosed through a formal press conference and posted on the internet. Not only did this simple rating scheme create a major media buzz and enhanced environmental awareness of the general public, but it also unleashed a wide range of performance incentives that showed how markets with environmental information could function in a developing country setting. The authors provide a multidisciplinary analysis of how the PROPER program harnessed the power of public disclosure to abate the problem of industrial pollution. They describe how the program has successfully improved the average environmental compliance rate from close to thrity per cent in 1995 to as high as seventy per cent in 2011. This improvement was driven primarily by information disclosure, which avoided expensive and unpredictable legal enforcement through the court system of Indonesia. The combination of institutional history and detailed economic and analyses sheds light on the role of policy entrepreneurs who laid the foundation for disclosure and transparency, despite the constraints of the Suharto regime. The PROPER program is now internationally recognized and continues to serve as a model for many developing countries.
Book Synopsis Environmental Courts and Tribunals in Asia-Pacific by : Linda Yanti Sulistiawati
Download or read book Environmental Courts and Tribunals in Asia-Pacific written by Linda Yanti Sulistiawati and published by Martinus Nijhoff Publishers. This book was released on 2024 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth treatment of the features, best practices, challenges and future prospects for environmental courts and tribunals in the Asia-Pacific region, bringing together contributions from leading academics, judges and lawyers from multiple jurisdictions.
Book Synopsis Climate Change Liability by : Richard Lord
Download or read book Climate Change Liability written by Richard Lord and published by Cambridge University Press. This book was released on 2011-12-01 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law.
Book Synopsis Towards Integrated Environmental Law in Indonesia? by : Adriaan Bedner
Download or read book Towards Integrated Environmental Law in Indonesia? written by Adriaan Bedner and published by Leiden University Press. This book was released on 2003 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dispute Resolution in Asia by : Michael Pryles
Download or read book Dispute Resolution in Asia written by Michael Pryles and published by Springer. This book was released on 2002-10-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Asia was first published in 1998 and was one of the few titles to deal exclusively with the Asian region. This second edition is not only an updated version of the first edition but is also an expanded work. Chapters on India and Indonesia have been added. The first chapter presents an overview of dispute resolution in Asia and examines the question whether there is an Asian style of dispute resolution. The remaining chapters focus on twelve particular countries. They are important trading countries or countries which are the recipients of substantial foreign investments. This second edition fills the need for increased information on dispute resolution in a region whose economic importance is still growing. Features: The examination of dispute resolution in 12 countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies; The work provides a broad coverage in terms of its subject matter: The book is not confined to arbitration or litigation but examines arbitration, litigation and mediation; Contributions vary in style and contents and thus reflect the diversity of legal systems and cultures in Asia; Specialists focus on countries with which contributors have particular expertise or experience; Statistics provided on arbitration centres in Asia. Benefits: updated and expanded version of the first edition; a substantial coverage of twelve countries; in addition to chapters on Australia, People's Republic of China, Hong Kong, Japan, Malaysia, The Philippines, Singapore, Taiwan, Thailand, and Vietnam, chapters on India and Indonesia have been added; all the contributors are senior lawyers with vast knowledge and experience of dispute resolution in Asia and are experts in their field; country studies are not limited to arbitration or litigation but examines arbitration, litigation and mediation
Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali
Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
