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A Study on the Arbitral System of Environmental Dispute

  • Public Land Law Review
  • Abbr : KPLLR
  • 2006, 30(), pp.395-410
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이현준 1

1한국법제발전연구소

Accredited

ABSTRACT

A environmental dispute can not be easily settled with a personal effort or a civil petition system because it is very difficult to trace the reason of any environmental damage. As a result, most people depend on a decision of the court. But it needs so much cost and time that cannot be an effective remedy system in such measures. For these problems, the Arbitral System of Environmental Dispute(hereinafter referred to as "ASED") which can manage a matter both fairly and expeditiously put into effect. It has not only expertises but also objectivity.This study intend to examine some issues in a operation of the ASED. Namely, dysfunction of the system, execution proceedings, expansion of the arbitral subject, the priority system of arbitration and an operation of the system by a private corporation will be discussed.Especially, the focus of this study is closely bound up with an Alternative Dispute Resolution which has been hot issues in a field of private law and public law.

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