Presentation Transcript
Environmental Law & Dispute Resolution :Environmental Law & Dispute Resolution Dr. Deryck D. Pattron, Ph.D.
Pubic Health Scientist & Consultant
Contents :Environmental conflicts
Environmental law
Dispute resolution All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 2 Contents
Environmental Conflicts :Conflict
Differing values, actions or directions
Environmental conflicts
Disagreement over alternative uses of available resources All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 3 Environmental Conflicts
Managing Environmental Conflicts :Two main ways:
Environmental Laws
Dispute Resolution All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 4 Managing Environmental Conflicts
Environmental Law :DefinitionComplex and interlocking body of statutes that operate to regulate the interaction of human activity and environmentalism All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 5 Environmental Law
Environmental Law :Concerned with:
Air quality
Water quality
Global climate change
Agricultural biodiversity
Waste management
Sustainable development
other All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 6 Environmental Law
Types of Environmental Law :Common Law
Statutory Law All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 7 Types of Environmental Law
Common Law :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 8 Common Law Based on precedent and/or past legal decision
Application of common law:
Tort-A claim brought by an injured plaintiff
Types of redress
Injunction or court refrain order
Compensation
Legal Concepts of Common Law :Nuisance
Trespass
Negligence All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 9 Legal Concepts of Common Law
Common Law: Nuisance :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 10 Common Law: Nuisance Definition
A class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use of a person’s own property that produces annoyance, inconvenience, or material injury
Common Law: Trespass :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 11 Common Law: Trespass Definition
The uninvited entry of a person, agent or object onto another person’s property, including one’s own body
Common Law: Negligence :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 12 Common Law: Negligence Definition
Willful disrespect for the rights of a person’s property, person or thing
Strict liability
The responsibility of the manufacturer to assume responsibility for goods and services under his jurisdiction
Statutory Law :The body of acts passed by a local/state legislature
Govern how environment and human health are protected and how resources should be managed All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 13 Statutory Law
Examples of Statutory Laws in the U.S.A. :Clean Air Act (1970)
Clean Water Act (1972)
National Environmental Policy Act (1969)
Endangered Species Act (1973)
Toxic Substances Control Act (1976)
Resource Conservation and Recovery Act (1976) All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 14 Examples of Statutory Laws in the U.S.A.
Examples of Statutory Laws in Trinidad & Tobago :Public Health Ordinance of 1917
Yellow Fever Regulations of 1979
Litter Act 27 of 1973
Food & Drugs Act & Regulations of 1960
Pesticides & Toxic Chemicals Act of 1979/2005
Municipal Corporations Act (Abattoir Bye Laws)
Occupation Safety & Health Act of 2004
Environmental Management Authority Act of 2000. All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 15 Examples of Statutory Laws in Trinidad & Tobago
Processes Involved In Development of a Statutory Law :All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 16 Processes Involved In Development of a Statutory Law
Environmental Dispute Resolution :The process by which disputing parties reach a mutually acceptable solution to a problem.
Reasons for dispute resolution
costly lawsuits
drawn-out decision making process
court decisions can be appealed
court decisions may be unsatisfactory to all
better expectations, through more public participation & empowerment in resource & environmental management All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 17 Environmental Dispute Resolution
Four Types of Dispute Resolution :Public consensus – to solicit the views of the public
Negotiation – to reach a decision by consensus
Mediation – to utilize a third party facilitator to discover facts from opinions
Arbitration – to utilize a third party arbitrator to make a decisive decision which in most cases may not be binding All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 18 Four Types of Dispute Resolution
Conditions For Effective Dispute Resolution :Clearly defined issues
Perception of balance of power between parties
A formally agreed-upon agenda
Willing to explore new ideas All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 19 Conditions For Effective Dispute Resolution
Advantages & Disadvantages of Dispute Resolution :Advantages:
All parties have a better chance to resolve conflicts
Solutions can be generated rapidly
Alternative to costly litigation
Disadvantages:
Inadequate funding
Loss of status
Doubt in attaining a favourable outcome
Outcomes may not be legally enforced All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 20 Advantages & Disadvantages of Dispute Resolution
References :Morgan, MT. 2003. Environmental Health. Australia: Thomson Wadsworth
Pattron, D. 2004. Recent Research in Public Health. New York: Scientific Publishers. All Rights Reserved (c) 2009 Dr. Deryck D. Pattron 21 References