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The use of mediation to resolve environmental disputes in South Africa and Switzerland
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...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2014
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| _version_ | 1867614214859784192 |
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| access_status_str | Open Access |
| author | Alder, Juerg |
| author_browse | Alder, Juerg |
| author_facet | Alder, Juerg |
| author_sort | Alder, Juerg |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4679 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:48:29.667Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4679 The use of mediation to resolve environmental disputes in South Africa and Switzerland Alder, Juerg 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. 2014-07-30T18:18:59Z 2014-07-30T18:18:59Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4679 en application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Alder, Juerg The use of mediation to resolve environmental disputes in South Africa and Switzerland |
| thesis_degree_str | Master's |
| title | The use of mediation to resolve environmental disputes in South Africa and Switzerland |
| title_full | The use of mediation to resolve environmental disputes in South Africa and Switzerland |
| title_fullStr | The use of mediation to resolve environmental disputes in South Africa and Switzerland |
| title_full_unstemmed | The use of mediation to resolve environmental disputes in South Africa and Switzerland |
| title_short | The use of mediation to resolve environmental disputes in South Africa and Switzerland |
| title_sort | use of mediation to resolve environmental disputes in south africa and switzerland |
| url | http://hdl.handle.net/11427/4679 |
| work_keys_str_mv | AT alderjuerg theuseofmediationtoresolveenvironmentaldisputesinsouthafricaandswitzerland AT alderjuerg useofmediationtoresolveenvironmentaldisputesinsouthafricaandswitzerland |