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

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

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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.

Item Type: Article (Journal)
Additional Information: 1526/63454 (HP000001)
Uncontrolled Keywords: Environment, environmental resource, sustainable development, alternative dispute resolution, environmental courts, contentious and consensus model of dispute resolution.
Subjects: K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Professor Abdul Haseeb Ansari
Date Deposited: 02 May 2018 09:45
Last Modified: 02 May 2018 09:45
URI: http://irep.iium.edu.my/id/eprint/63454

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