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Elizabeth Fisher

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Elizabeth Fisher

Environmental impact assessment (EIA) is a defining feature of ‘modern’ environmental law and this chapter provides an overview of it and the type of legal frameworks and obligations its implementation creates. In particular, it focuses on the way that EIA, by creating a new legal frame that cuts across the existing legal order, gives rise to difficult legal questions in most jurisdictions. Three major legal features of EIA are examined: its procedural nature; the way it acts as a classificatory process; and the fact that it is primarily an administrative procedure. Overall it is shown that EIA is responding to ‘hot’ situations and thus is ‘hot’ law.

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Edited by Elizabeth Fisher, Judith Jones and René von Schomberg

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Elizabeth Fisher, Judith Jones and René von Schomberg

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Implementing the Precautionary Principle

Perspectives and Prospects

Edited by Elizabeth Fisher, Judith Jones and René von Schomberg

This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, it explores the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision-making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels.
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Elizabeth Long Lingo, Colin M. Fisher and Kathleen L. McGinn

We investigate how party representation structure in negotiations can affect negotiation processes and how those processes can be both sources of and solutions to interorganizational conflict. More specifically, we examine and compare the negotiation processes in three different party representation structures: principal-principal, agent-agent, and team-team. Each party representation structure presents a different set of constraints and opportunities in the negotiation process. In a qualitative analysis of negotiations in a laboratory experiment, we find that negotiators’ efforts to manage the constraints and opportunities of party representation are reflected in the task, procedural, and relational aspects of their micro-interactions and the overall logic, or improvisations, which characterize the negotiations. In addition to offering a new methodical and theoretical approach to studying the effect of organizational features on negotiation processes, our chapter details several directions ripe for future research.