Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives

Resolving environmental disputes, wherever necessary, by ADR mechanisms is of numerous advantages, especially since they resolve disputes amicably and in the interest of all, including conservation of the environment, the compliance level of the reached dispute resolutions is quite high in compariso...

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Main Authors: Ansari, Abdul Haseeb, Ahmad, Muhamad Hassan, Omoola, Sodiq Olalekan
Format: Article
Language:English
Published: Indian Law Institute 2017
Subjects:
Online Access:http://irep.iium.edu.my/63454/
http://irep.iium.edu.my/63454/
http://irep.iium.edu.my/63454/1/63454_ALTERNATIVE%20DISPUTE%20RESOLUTION%20IN%20ENVIRONMENTAL.pdf
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spelling iium-634542018-05-02T01:45:19Z http://irep.iium.edu.my/63454/ Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives Ansari, Abdul Haseeb Ahmad, Muhamad Hassan Omoola, Sodiq Olalekan KZ Law of Nations Resolving environmental disputes, wherever necessary, by ADR mechanisms is of numerous advantages, especially since they resolve disputes amicably and in the interest of all, including conservation of the environment, the compliance level of the reached dispute resolutions is quite high in comparison to those resolved on the basis of the contentious method of dispute resolution. It is for this reason that efforts are being made at countries like New Zealand, India, Australia and international level, to resolve environmental disputes through the use of ADR mechanisms. But the scenario of their applicability is not yet appreciably high. The paper discusses the level of applications of the ADR mechanisms at both the levels and suggests that: at state level, efforts should be made to maximise the use of the ADR mechanisms; and at international level, an international environmental court should be created under the auspices of the United Nations to resolve such disputes primarily by application of ADR mechanisms, and exceptionally by contentious means. In order to facilitate this, a comprehensive legal framework should be worked out. Indian Law Institute 2017-03 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63454/1/63454_ALTERNATIVE%20DISPUTE%20RESOLUTION%20IN%20ENVIRONMENTAL.pdf Ansari, Abdul Haseeb and Ahmad, Muhamad Hassan and Omoola, Sodiq Olalekan (2017) Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives. Journal of the Indian Law Institute, 59 (1 (Jan-March)). pp. 26-56. ISSN 0019-5731 http://www.ili.ac.in/#
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KZ Law of Nations
spellingShingle KZ Law of Nations
Ansari, Abdul Haseeb
Ahmad, Muhamad Hassan
Omoola, Sodiq Olalekan
Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
description Resolving environmental disputes, wherever necessary, by ADR mechanisms is of numerous advantages, especially since they resolve disputes amicably and in the interest of all, including conservation of the environment, the compliance level of the reached dispute resolutions is quite high in comparison to those resolved on the basis of the contentious method of dispute resolution. It is for this reason that efforts are being made at countries like New Zealand, India, Australia and international level, to resolve environmental disputes through the use of ADR mechanisms. But the scenario of their applicability is not yet appreciably high. The paper discusses the level of applications of the ADR mechanisms at both the levels and suggests that: at state level, efforts should be made to maximise the use of the ADR mechanisms; and at international level, an international environmental court should be created under the auspices of the United Nations to resolve such disputes primarily by application of ADR mechanisms, and exceptionally by contentious means. In order to facilitate this, a comprehensive legal framework should be worked out.
format Article
author Ansari, Abdul Haseeb
Ahmad, Muhamad Hassan
Omoola, Sodiq Olalekan
author_facet Ansari, Abdul Haseeb
Ahmad, Muhamad Hassan
Omoola, Sodiq Olalekan
author_sort Ansari, Abdul Haseeb
title Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
title_short Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
title_full Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
title_fullStr Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
title_full_unstemmed Alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
title_sort alternative dispute resolution in environmental and natural resource disputes: national and international perspectives
publisher Indian Law Institute
publishDate 2017
url http://irep.iium.edu.my/63454/
http://irep.iium.edu.my/63454/
http://irep.iium.edu.my/63454/1/63454_ALTERNATIVE%20DISPUTE%20RESOLUTION%20IN%20ENVIRONMENTAL.pdf
first_indexed 2023-09-18T21:29:59Z
last_indexed 2023-09-18T21:29:59Z
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