Affiliation:
1. School of Geography and the Environment University of Oxford Oxford UK
2. Flood Hazard Research Centre Middlesex University London UK
Abstract
AbstractConflicting interests in flood risk management (FRM) frequently arise, resulting in disputes which are often resolved through mutual agreement. Nevertheless, a small number of cases require legal intervention when negotiation or mediation fails. This can publicly reveal the conflict often hidden in these mutual agreements. The two areas that intersect to create this conflict are spatial planning and flood risk reduction strategies that may impact property rights. This research explores the nature of such conflict in FRM and its possible resolution. Through an analysis of 25 all‐UK legal Court transcripts, we investigate the underlying flood‐related disputation, dispute types, and how they were resolved. Our findings reveal that certain disputes remain unresolved prior to Court proceedings due to misunderstandings about spatial planning in at‐risk areas. In addition, the depiction and the accuracy of flood risk assessments can be a contentious issue. Some FRM disputes remain irresolvable due to the differences in collective and individual aspirations about the use of land by various interests: developers, local authorities, residents, landowners, and farmers. Understanding these FRM disputes and their judicial resolution is valuable in unambiguously revealing who are the ultimate ‘winners’ and ‘losers’ in these fiercely contested struggles.
Subject
Water Science and Technology,Safety, Risk, Reliability and Quality,Geography, Planning and Development,Environmental Engineering
Reference40 articles.
1. Causing wrong while doing good: on the question of liability for volunteers in emergencies
2. Conflict resolution in intercultural settings: Problems and prospects;Avruch K.;Conflict Resolution Theory and Practice: Integration and Application,1993
3. Potentials and limitations of comparative method in social science;Azarian R.;International Journal of Humanities and Social Science,2011
4. Introduction to English Legal History
5. Using Conflict Theory
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