logging in or signing up Environmental Law drpattron68 Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: Embed: Flash iPad Copy Does not support media & animations WordPress Embed Customize Embed URL: Copy Thumbnail: Copy The presentation is successfully added In Your Favorites. Views: 4886 Category: Science & Tech.. License: All Rights Reserved Like it (0) Dislike it (0) Added: April 21, 2009 This Presentation is Public Favorites: 0 Presentation Description This presentation deals with the interaction between environmental law and dispute resolution Comments Posting comment... Premium member 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 You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Environmental Law drpattron68 Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: Embed: Flash iPad Copy Does not support media & animations WordPress Embed Customize Embed URL: Copy Thumbnail: Copy The presentation is successfully added In Your Favorites. Views: 4886 Category: Science & Tech.. License: All Rights Reserved Like it (0) Dislike it (0) Added: April 21, 2009 This Presentation is Public Favorites: 0 Presentation Description This presentation deals with the interaction between environmental law and dispute resolution Comments Posting comment... Premium member 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