The use of mediation to resolve environmental disputes in South Africa and Switzerland

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dc.contributor.authorAlder, Juergen_ZA
dc.date.accessioned2014-07-30T18:18:59Z
dc.date.available2014-07-30T18:18:59Z
dc.date.issued2014-07-30
dc.description.abstractThe minor dissertation is structured as follows: After a short overview about mediation as one mechanism to resolve environmental disputes and the advantages respectively disadvantages of this kind of alternative dispute resolution, the focus shifts in paragraph C to the use of mediation to resolve environmental disputes in Switzerland. On the basis 4 of several cases in which mediation or mediation-type activities were used to resolve the environmental conflict I want to show why, in the end, environmental mediation probably will never be so widespread in Switzerland as it is in other countries. The paragraph ends with a case study about mediation experiences in Switzerland over nuclear waste disposal. Nevertheless, this aforementioned case study shows that the Swiss decision-making system offers a good basis for mediation procedures in areas of politics where there is yet little participation as longs as certain preconditions for a successful procedure are fulfilled. In paragraph D I deal with the use of mediation in South Africa to resolve environmental disputes. The focus shifts in a first step on the National Environmental Management Act (NEMA), especially Chapter 4 NEMA which deals with Alternative Dispute Resolution and, in particular, with environmental mediation. In a next step I examine if this Chapter has been already implemented or if there is still a big gap between theory and practice. Finally, paragraph D ends with two South African cases in which mediation was involved to resolve the dispute and a comparison of the two procedures.en_ZA
dc.identifier.apacitationAlder, J. (2014). <i>The use of mediation to resolve environmental disputes in South Africa and Switzerland</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/4679en_ZA
dc.identifier.chicagocitationAlder, Juerg. <i>"The use of mediation to resolve environmental disputes in South Africa and Switzerland."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/4679en_ZA
dc.identifier.citationAlder, J. 2014-07-30. The use of mediation to resolve environmental disputes in South Africa and Switzerland. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Alder, Juerg AB - The minor dissertation is structured as follows: After a short overview about mediation as one mechanism to resolve environmental disputes and the advantages respectively disadvantages of this kind of alternative dispute resolution, the focus shifts in paragraph C to the use of mediation to resolve environmental disputes in Switzerland. On the basis 4 of several cases in which mediation or mediation-type activities were used to resolve the environmental conflict I want to show why, in the end, environmental mediation probably will never be so widespread in Switzerland as it is in other countries. The paragraph ends with a case study about mediation experiences in Switzerland over nuclear waste disposal. Nevertheless, this aforementioned case study shows that the Swiss decision-making system offers a good basis for mediation procedures in areas of politics where there is yet little participation as longs as certain preconditions for a successful procedure are fulfilled. In paragraph D I deal with the use of mediation in South Africa to resolve environmental disputes. The focus shifts in a first step on the National Environmental Management Act (NEMA), especially Chapter 4 NEMA which deals with Alternative Dispute Resolution and, in particular, with environmental mediation. In a next step I examine if this Chapter has been already implemented or if there is still a big gap between theory and practice. Finally, paragraph D ends with two South African cases in which mediation was involved to resolve the dispute and a comparison of the two procedures. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The use of mediation to resolve environmental disputes in South Africa and Switzerland TI - The use of mediation to resolve environmental disputes in South Africa and Switzerland UR - http://hdl.handle.net/11427/4679 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4679
dc.identifier.vancouvercitationAlder J. The use of mediation to resolve environmental disputes in South Africa and Switzerland. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4679en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleThe use of mediation to resolve environmental disputes in South Africa and Switzerlanden_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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