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University of Denver Environmental Courts and Tribunals Study

Methodology

Data for the project is being gathered in three stages:

  1. During January-April 2008, on-site in-depth research was conducted in inspections in 16 countries/jurisdictions with established ECTs or interest in establishing ECTs, in Europe, Africa, the Middle East, South and Southeast Asia, and Australasia. The typical visit covered 3-5 working days and involved interviews with ECT judges, lawyers, government environmental officials, nongovernmental organizations (NGOs), academics, and other stakeholders, as well as records research and observation of proceedings.
    • Around the world without exception, the judges and others interviewed are extremely excited about the DU ECT Study and very supportive with their time, resources, and insights*
  2. During Summer 2008, the study will expand the data gathering and analysis to representative ECTs in North, Central, and South America.
  3. 2009 should see additional expansion of the research to countries of East Asia, such as Japan and South Korea, which rely on a predominantly ADR approach to solve environmental conflicts, as well as to other countries which utilize an ombudsman approach.

Based on the data gathered and analyzed to date there will be a constant on-going need to update the database and conclusions, since every ECT so far studied is undergoing some form of change or reform. These vary from complete dissolution of the ECT to out-of-the-box innovations in court procedure, ADR, use of experts, computerization, standardization of sentencing, and exploration of how to incorporate the challenge of climate change.

A unique feature of the study is that it is being co-developed and co-authored by Professor Pring and his wife, Catherine Pring. Mrs. Pring brings to the study additional reputation and skills given her background – Masters in Public Administration, government administrator, hearing officer, and professional mediator-facilitator. Her contribution and focus will be on the ADR aspects of the ECTs.