TERRY BEHRMAN | 312.882.9014 | terry@behrmangroup.com

Certified Professional Coach

Apr 12, 2021 | Post by: admin Comments Off on Self-Enforcing Agreement Example

Self-Enforcing Agreement Example

A: In the United States, when we work in environmental justice litigation in the southeastern United States and, for example, you have a poor community of colors that pollutes a hundred fortune companies that disproportionately pollutes that neighborhood nearby, and they work a good neighborhood agreement in principle through some sort ad hoc negotiation. Neighbours are never convinced that this company will actually make the emission reductions they have promised for several years or that they will achieve by investing the community reduction or compensation benefits they have promised. The fact that there is a written agreement that all lawyers have had, that it is the United States, that officials sat around the table without refuting, inevitably raises concerns about the implementation of these informally negotiated agreements. So what we`ve learned is to build what are called “almost self-forced agreements.” I would say that it would be as dear to my concern in a brown field of mediation in a city in the northeastern United States as it is in Manila, if we go to Mendenov and worry about their global mining interests and we do not promise the Muslim minority on that island. Q: If the option of non-agreement for the government or company is to act with impunity, will they do so? As soon as there is a commitment, if there is a neutral process that facilitates negotiation, the fact that there are loopholes in the regulatory system, the fact that there are political inequalities, I have never seen that, which makes it impossible to negotiate anything. Keep in mind that we are trying to produce something better for both parties than any agreement. They should want this agreement implemented because the alternative is not so attractive to both sides, that is what it is all about. A: We are going, for example, to a poor island community, where the national government has decided to give some mineral exploration rights to this island. They didn`t bother to consult the population, and suddenly a city company emerges with giant machines to steal space, looking for everything it is, that they now claim to have a contract to use and the community says no possibility.