1st Edition

Environmental Mediation An International Survey

Edited By Catherine Choquette, Véronique Fraser Copyright 2018
    234 Pages
    by Routledge

    234 Pages
    by Routledge

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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.


    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


    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.