scholarly journals Application of Environmental Conflict Resolution to Public Interest Issues in Water Disputes

2011 ◽  
pp. 1-13 ◽  
Author(s):  
Michael Jeffrey QC ◽  
Donna Craig
Keyword(s):  
Decision Making ◽  
Conflict Resolution ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Full Range ◽  
Environmental Conflict ◽  
The Public ◽  
Environmental Conflict Resolution ◽  
Political Economic

This article examines the role of environmental conflict resolution (ECR) in the public interest issues of water disputes. The article endeavours to  illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR) and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.

scholarly journals Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 149
Author(s):  
Piotr Szczekocki
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Special Role ◽  
Application Process ◽  
Important Place ◽  
The Public ◽  
General Clause ◽  
The Law ◽  
And Function

<p class="Standard">In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019. First, the judicial enforcement proceedings were presented as an element of the law application process. The axiological dimension of this law, the place and function of a court bailiff in the law application process and the introduction of general clauses, combined with the basic values of the court enforcement law in the form of efficiency, effectiveness and reliability, form the new picture of the judicial enforcement law. Secondly, the problem of a general clause as a “carrier” of extralegal criteria was discussed, which takes an important place in the process of enforcement law application in the new bailiff’s law. There is the special role of the “public interest” and the “interest of justice” clauses as normative constructions introduced by the legislator to judicial enforcement. Thirdly, an attempt was made to answer the question about the presence and possible limits of discretion (free decision-making) of a court bailiff in the surrounding of the new axiology of enforcement law, and especially the formulation of this issue in the process of operative interpretation of law by a court bailiff.</p>

scholarly journals Operationalizing the public interest in the local planning context of Serbia

Spatium ◽  
2017 ◽  
pp. 10-17
Author(s):  
Natasa Colic
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Planning Theory ◽  
Local Context ◽  
Economic Aspects ◽  
Local Planning ◽  
Planning Practice ◽  
The Public ◽  
Planning Framework

The concept of the public interest has often been revisited within theoretical debates related to the fields of politics, decision making, and planning. While it has been claimed that the public interest should serve as one of the main pillars for decision-making, various authors reject the possibility of its operationalization, describing it as a vague criterion for any empirical analysis. With that in mind, the main aim of this paper is to present the role of the public interest and its long lasting tradition in Serbian planning practice from socialism until today, as well as its operational dimensions in relation to the specific post-socialist planning context. This paper will first briefly discuss the nature of the public interest concept in relation to planning. It will go on to present some of the socio-economic aspects of Serbian socialist and post-socialist planning practice, so as to better understand the local context in which the public interest is framed. Finally, it will propose the dimensions of planning practice in which the public interest is articulated. The findings were derived from the analysis of the role of the public interest in planning theory, planning practice, and the Serbian legal planning framework.

scholarly journals Konflik Pengadaan Tanah Untuk Kepentingan Umum Di Kabupaten Maros

2020 ◽  
Vol 1 (1) ◽  
pp. 162-180
Author(s):  
Bustam Bustam ◽  
Syahruddin Nawi ◽  
Hamza Baharuddin
Keyword(s):  
Decision Making ◽  
Conflict Resolution ◽  
Public Interest ◽  
Public Understanding ◽  
Land Acquisition ◽  
Legal Research ◽  
The Public ◽  
The Law

Tujuan Penelitian ini adalah 1) Untuk mengetahui bentuk konflik yang timbul pada pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum di Kabupaten Maros setelah pemberlakuan Undang-undang No. 2 Tahun 2012 tentang Pengadaan Tanah dan 2) Untuk mengetahui bentuk penyelesaian konflik dalam pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum di Kabupaten Maros. Penelitian ini berbentuk socio legal research. Hasil penelitian menunjukkan bahwa 1) Bentuk-bentuk konflik  dalam pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum adalah konflik horizontal yakni konflik yang melibatkan dua pihak atau lebih  di mana pihak-pihak yang terlibat tidak berada dalam keseimbangan kedudukan. Konflik   ini terjadi karena faktor substansi hukum yang multitafsir, inkonsistensi pelaksanaan tugas dari penyelenggara pengadaan tanah dengan ketentuan dalam Undang-undang Pengadaan Tanah  dan kurangnya pemahaman masyarakat mengenai pengadaan tanah. 2) Bentuk penyelesaian terhadap konflik pengadaan tanah dilakukan melalui  harmonisasi substansi hukum, sinkronisasi antar sektor dalam pengambilan  keputusan, redefinisi beberapa konsep pengadaan tanah dan sosialisasi hukum pengadaan tanah kepada masyarakat, sosialisasi hukum kepada masyarakat. The objectives of this study are 1) To determine the form of conflict that arises in the implementation of land acquisition for development in the public interest in Maros Regency after the enactment of Law No. 2 of 2012 concerning Land Acquisition and 2) To determine the form of conflict resolution in the implementation of land acquisition for development in the public interest in Maros Regency. This research is in the form of socio legal research. The results showed that 1) The forms of conflict in the implementation of land acquisition for development of the public interest are horizontal conflicts, the conflicts involving two or more parties in which the parties involved are not in a balanced position. This conflict occurred due to the substance of the law which has multiple interpretations, inconsistency in the implementation of the duties of the land acquisition organizer with the provisions in the Land Acquisition Law and the lack of public understanding of land acquisition. 2) The form of resolution of land acquisition conflicts is carried out through harmonization of legal substance, synchronization between sectors in decision making, redefinition of several land acquisition concepts and socialization of land acquisition law to the community, and socialization of the law to the community.

scholarly journals THE ROLE OF ENFORCING TRANSPARENCY, COMPETITION AND OBJECTIVE CRITERIA IN DECISION MAKING IN SUPPORT OF THE WEAK PARTY OF GOVERNMENT CONTRACTS

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Kheirollah Parvin ◽  
Karim Farhadi
Keyword(s):  
Decision Making ◽  
Private Sector ◽  
Public Interest ◽  
Government Contracts ◽  
Weak Support ◽  
The Public ◽  
Private Interests ◽  
Weak Side ◽  
Weak Party

The special features of government contracts, such as the accession of these transactions and the prioritization of public interest over private interests, create a situation that undermines the principle of equality of the parties and their free will and weakens the private side of these contracts. The weaknesses on the private side of the contract are not always in the public interest, and exacerbating this situation can lead to a weakening of the private sector and ultimately to the general economy of countries. Therefore, lawyers and economists have come up with ways to protect it from the weak side of government contracts. The fruit of weak support in government transactions is to balance the benefits of executing and executing these contracts and thereby achieve public goals while strengthening and safeguarding the interests of the private sector. One of the most effective ways of supporting the weak side is to create a framework that compensates for non-compliance with the principle of equity in government transactions and provides grounds for fair private sector growth and development. The most important of these contexts are the implementation of the principles of transparency, competition and objective criteria in decision making. In this article, while outlining these principles in relation to government contracts, we will study the role of adherence to each of these principles in protecting the weak side in government contracts.

Implementasi Asas Keterbukaan pada Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum: Antara Harapan dan Kenyataan

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Information Asymmetry ◽  
Case Studies ◽  
Public Interest ◽  
Economic Inequality ◽  
Land Acquisition ◽  
The Public ◽  
Land Scarcity ◽  
Library Research ◽  
Role Of Information

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 

A Proposed Framework Emphasizing Auditor Reliability over Auditor Independence

2003 ◽  
Vol 17 (3) ◽  
pp. 257-266 ◽  
Author(s):  
Mark H. Taylor ◽  
F. Todd DeZoort ◽  
Edward Munn ◽  
Martha Wetterhall Thomas
Keyword(s):  
Public Interest ◽  
Auditor Independence ◽  
Public Confidence ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Accounting Profession ◽  
The Public ◽  
Necessary And Sufficient

This paper introduces an auditor reliability framework that repositions the role of auditor independence in the accounting profession. The framework is motivated in part by widespread confusion about independence and the auditing profession's continuing problems with managing independence and inspiring public confidence. We use philosophical, theoretical, and professional arguments to argue that the public interest will be best served by reprioritizing professional and ethical objectives to establish reliability in fact and appearance as the cornerstone of the profession, rather than relationship-based independence in fact and appearance. This revised framework requires three foundation elements to control subjectivity in auditors' judgments and decisions: independence, integrity, and expertise. Each element is a necessary but not sufficient condition for maximizing objectivity. Objectivity, in turn, is a necessary and sufficient condition for achieving and maintaining reliability in fact and appearance.

scholarly journals Accessing the public workforce: Organisational recruitment practices and the inclusion or exclusion of individuals of immigrant origin

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Christine Lang
Keyword(s):  
Decision Making ◽  
Qualitative Case Study ◽  
Ethnic Discrimination ◽  
German State ◽  
The Public ◽  
Ethnic Stereotypes ◽  
Recruitment Practices ◽  
Public Workforce

AbstractOrganisations are important gatekeepers in the labour market inclusion of immigrants and their children. Research has regularly documented ethnic discrimination in hiring decisions. Aiming to further our understanding of the role of organisations in influencing the professional trajectories of individuals of immigrant origin, this paper investigates the recruitment practices of public administrations. Drawing on approaches from organisational sociology and a qualitative case study of public administrations in the German state of Berlin, the article identifies three crucial elements of organisational decision-making affecting the recruitment of staff of immigrant origin: decisions regarding advertisement strategies, formal criteria, and individual candidates. Further, the article shows the underlying decision-making rationalities and the role of organisational contexts and ethnic stereotypes for recruitment-related decisions.

scholarly journals Assessing the Uncertainty of Hydropower-Environmental Conflict-Resolution Management under Climate Change

Water ◽  
2021 ◽  
Vol 13 (15) ◽  
pp. 2114
Author(s):  
Yuni Xu ◽  
Yu Hui
Keyword(s):  
Climate Change ◽  
Conflict Resolution ◽  
Reservoir Operation ◽  
Yangtze River ◽  
Optimal Operation ◽  
Environmental Conflict ◽  
Climate Scenarios ◽  
Water Demands ◽  
Environmental Conflict Resolution ◽  
Decision Behaviors

To balance the water demands of different departments and produce a win–win result for reservoir operation, a series of conflict-resolution methods have been developed to define the socio-optimal operation strategy for specific conflict problems. However, given the inherent uncertainty of reservoir operation brought by climate change, the compromised strategies selected by conflict-resolution methods can vary. Therefore, quantifying the impacts of climate change on the decision characteristics of conflict-resolution methods can help to address questions about whether conflict-resolution decisions are sustainable given unforeseen changes. In this study, the Yangtze River is regarded as study area. As a world-class hydropower project located on the midstream of Yangtze River, Three Gorges Hydroelectric Power Station can transfer plenty of water energy into electricity. To alleviate the ecological water shortage caused by hydropower operation, sustainable and balanced operation strategies considering the water demands of two departments needs to be studied. In the context of hydropower-environmental conflict-resolution management, the decision behaviors of two fuzzy social choice methods and four game-theoretical bargaining methods under 25 kinds of future climate scenarios are analyzed. Comparing the strategy selection results of different methods for a future period (2021–2082) shows that in all proposed climate scenarios, the decisions of the Nash bargaining method, alternating offer method, and unanimity fallback bargaining method in game-theoretical bargaining methods are more stable than other studied methods, which means that climate change affects the decision behaviors of these three methods slightly. In addition, balanced strategies selected by these three methods could formulate adaptable reservoir operation policies that would satisfy the interests of hydropower and environmental stakeholders equally, and avoid a very low satisfaction level of individual stakeholder and whole stakeholders in the water-conflict year. Therefore, against the background of an increasing demand for environmental protection, these three methods can provide socio-optimal strategies considering social and economic benefits for water resource management.

Sign in / Sign up

Export Citation Format

Share Document