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Community-Investor Environmental Conflicts: Should And Could They Be Arbitrated?, Ciprian N. Radavoi
Community-Investor Environmental Conflicts: Should And Could They Be Arbitrated?, Ciprian N. Radavoi
South Carolina Journal of International Law and Business
Communities that do not consent to noxious environmental projects have access to negotiation and mediation as alternative dispute resolution (ADR) tools. The absence of arbitration from the list of available ADR mechanisms cripples the process of investor community engagement. This paper proposes "Community-Investor Environmental Arbitration" (CIBA) as prospective interest arbitration meant to establish long-term agreement between the parties to contentious environmental projects, similar to the role played in the U.S. by arbitration used in cases of deadlocks in collective labor agreement bargaining. The first part of the paper discusses normative, procedural, and instrumental factors that make CIEA desirable; also, it …
Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii
Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii
South Carolina Journal of International Law and Business
No abstract provided.