Dispute Resolution and Arbitration Commons^™

Comment On Us Trade And Investment Agreements Submitted To Ustr, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Comments to USTR Re: U.S.-Kenya Trade Agreement (April 28, 2020): CCSI, in response to the United States Trade Representative’s request for public comment to inform its approach to a U.S.-Kenya Trade Agreement, submitted Comments elaborating on our main points that (1) investor-state dispute settlement should not be included in any U.S.-Kenya agreement and (2) principles that should guide an investment chapter or investment provisions in any such agreement should (a) strategically support cross-border investment that produces positive development outcomes for the U.S. and Kenya, (b) facilitate and support good governance of investment projects, and (c) enhance cooperation to solve challenges …

Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments.

Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. …

Understanding Judgments Recognition, Ronald A. Brand

Articles

The twenty-first century has seen many developments in judgments recognition law in both the United States and the European Union, while at the same time experiencing significant obstacles to further improvement of the law. This article describes two problems of perception that have prevented a complete understanding of the law of judgments recognition on a global basis, particularly from a U.S. perspective. The first is a proximity of place problem that has resulted in a failure to understand that, unlike the United States, many countries allow their own courts to hear cases based on a broad set of bases of …

Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for power infrastructure.

Effectiveness Of Citizens Advisory Boards In Addressing Fairness In Environmental Public Disputes , Melissa Lor

Pepperdine Dispute Resolution Law Journal

This paper will assess whether or not consensus building and citizens advisory boards adequately address the issues of procedural fairness regarding public participation in environmental disputes. Part II describes the preceding methods leading up to the development of consensus building and citizens advisory boards in dealing with public involvement. In particular, it discusses the review-and-comment and regulatory negotiation models to environmental public disputes. Part III describes the consensus building process, particularly the use of citizens advisory boards, and evaluates the effectiveness of consensus building and citizens advisory boards in addressing fairness of public participation. In addition, it discusses the use …

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …

Using Adr Principles To Resolve Environmental Disputes: How Mediated Settlements Have Helped Struggling Cercla Survive , Jamie R. Adams

Pepperdine Dispute Resolution Law Journal

The goal of this article is to show that the use of Alternative Dispute Resolution ("ADR") principles has made the remediation of numerous hazardous waste sites possible, and has thus enabled the struggling program to continue benefiting Americans everywhere. First, this article provides background information regarding the enactment of the Comprehensive Environmental Clean-up and Liability Act ("CERCLA") and its successor, the Superfund Amendments Reauthorization Act ("SARA"). Second, it explains why using ADR principles, instead of litigation, are vital methods of resolving CERCLA disputes. Third, three examples of major Superfund sites that were successfully cleaned up due to the use of …

South Pasadena: A Dialogue On Dialogue, Steve Zikman

Pepperdine Dispute Resolution Law Journal

In the last half century, South Pasadena has fought many land use related battles-from efforts to stop the extension of the 710 freeway (710) through the heart of the city, to the recent ballot measure (Measure SP) that sought to overturn the City Council's approval of the new Downtown Revitalization Plan. The pattern of engagement continues to be one of "us versus them," with locals assuming extremely polarized positions, escalating the level of mistrust and demonization, and further dividing the city's civic and social fabric. Mediators are typically called in to help stakeholders resolve specific land use conflicts. However, there …

Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …

Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"

Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.