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Made available in DSpace on 2016-04-26T20:30:03Z (GMT). No. of bitstreams: 1 Natasha Martins do Valle Miranda.pdf: 1431946 bytes, checksum: ff71d5c4abb5ebecf121648ebc86cbfa (MD5) Previous issue date: 2009-12-11 / Fundação de Amparo a Pesquisa do Estado de São Paulo / International Environmental Law emerged in the last century and is constantly the target of various transformations due to the dynamics that currently surround international relations. Recently, the major challenge of this branch of International Public Law is to establish its own mechanisms for dispute settlement considering that the existing mechanisms for dispute settlement with respect to disputes that involve the protection of environment are limited. This limitations concern, in particular, the non-compulsory nature and the inter-state character of procedures that are available. Despite the deficiencies of the law, International Courts and Tribunal have issued judgments involving the protection of the environment, as the International Court of Justice, the Appellate Body of World Trade Organization and the Tribunal for Law of the Sea. In this scenario, discussions to face this challenge have been emerged; including several arguments have been advanced to justify the establishment of an International Environmental Court. In the other hand, arguments against the establishment of an International Environmental Court have been advanced as well. Due to these facts, this paper will analyze whether the establishment of an International Court able to judge disputes involving international environmental questions may be one of the tools to face this challenge / O Direito Internacional do Meio Ambiente surgiu no século passado e, a todo o momento, está sendo alvo de diversas transformações decorrentes do dinamismo o qual hoje abrange as relações internacionais. Atualmente, o grande desafio desse ramo do Direito Internacional Público é conseguir estabelecer os seus próprios mecanismos para solucionar controvérsias, visto que os mecanismos de solução de controvérsias existentes aptos a julgar conflitos envolvendo a proteção do meio ambiente são limitados. Essa limitação está relacionada particularmente com a falta de jurisdição obrigatória e com o fato de, via de regra, apenas os Estados-Nações poderem participar desses procedimentos disponíveis. Apesar dessas limitações, Cortes e Tribunais Internacionais vêm atuando em disputas envolvendo a proteção do meio ambiente, como a Corte Internacional de Justiça, o Órgão de Apelação da Organização Mundial do Comércio e o Tribunal Internacional sobre o Direito do Mar. Nesse cenário, surgiram diferentes discussões sobre como enfrentar tais limites, inclusive com vários argumentos para justificar a criação de um Tribunal Internacional do Meio Ambiente. Por outro lado, argumentos contrários ao seu estabelecimento também se desenvolveram. Diante dessa conjuntura, a presente dissertação tem o objetivo de analisar se a criação de uma Corte Internacional apta a julgar disputas envolvendo questões de Direito Internacional do Meio Ambiente pode ser uma das ferramentas para enfrentar essas limitações

Environmental sociology and the sociology of scientific knowledge provide a strong theoretical foundation for investigating the role of science in environmental disputes. The field of environmental dispute resolution has built a body of literature, outlining the techniques and practices that underpin the successful resolution of disputes, over controversial environmental issues. However, the literature on dispute resolution has generally neglected the role of science in environmental disputes. This thesis develops a theoretical framework based on concepts from environmental sociology and the sociology of scientific knowledge in order to critically examine the role of science in environmental disputes. In particular, this thesis combines the theory on claims-making from environmental sociology with actor-network theory and the theory on boundary-work from the sociology of scientific knowledge, to analyse the way in which science was involved in the dispute over phasing out extractive dredging from the Brisbane River. Data were collected from qualitative in-depth interviews with key players in the Brisbane River dredging dispute and combined with analysis of relevant documents and newspaper articles. Each of the components of the theoretical framework developed in this thesis contributes to an in-depth analysis of the way in which science was involved in the dredging dispute. The environmental claims-making analysis examines the way in which the claim that extractive dredging was an environmental problem for the Brisbane River was constructed and contested. The actor-network analysis compares the two competing actor-networks that were developed by one of the major concrete companies and by the anti-dredging campaigners. The boundary-work analysis examines the social construction of the science / politics border as an important site of boundary-work, before exploring other related forms of boundary-work within the case study. When combined, these theories highlight the social and political processes that underpin the inherent difficulties associated with applying science to effective environmental dispute resolution. The theoretical framework developed in this thesis highlights the way in which an analysis of environmental claims-making, actor-networks and boundary-work, extends the literature on environmental dispute resolution. This thesis therefore makes a significant contribution to the field of environmental dispute resolution, by illustrating the advantages of drawing on theoretical perspectives from environmental sociology and the sociology of scientific knowledge.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.