WorldWideScience

Sample records for act informal dispute

  1. Institut Pasteur v. United States: the AIDS patent dispute, the Contract Disputes Act and the international exchange of scientific data.

    Science.gov (United States)

    Singer, H L

    1989-01-01

    In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit. The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act. Soon after the Court of Appeals decision, President Reagan and Prime Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggest that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.

  2. 77 FR 76624 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2012-12-28

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2013, and ending on June 30, 2013, the prompt payment interest rate is 1-3/8 per centum... Prompt Payment Act, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate...

  3. 75 FR 82146 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2010-12-29

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2011, and ending on June 30, 2011, the prompt payment interest rate is 2\\5/8\\ per... calculation of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary...

  4. 77 FR 38888 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2012-06-29

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2012, and ending on December 31, 2012, the prompt payment interest rate is 1\\3/4\\ per... interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of the...

  5. 75 FR 37881 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2010-06-30

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2010, and ending on December 31, 2010, the prompt payment interest rate is 3\\1/8\\ per... of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of...

  6. 78 FR 39063 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2013-06-28

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act..., 2013, and ending on December 31, 2013, the prompt payment interest rate is 1\\3/4\\ per centum per annum... authority to specify the rate by which the interest shall be computed for interest payments under section 12...

  7. 76 FR 38742 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2011-07-01

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning July 1, 2011, and ending on December 31, 2011, the prompt payment interest rate is 2\\1/2\\ per.... 3902(a), provide for the calculation of interest due on claims at the rate established by the Secretary...

  8. 76 FR 82350 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2011-12-30

    ... DEPARTMENT OF THE TREASURY Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act... beginning January 1, 2012, and ending on June 30, 2012, the prompt payment interest rate is 2 per centum per... of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of...

  9. 77 FR 67348 - Privacy Act of 1974; System of Records-Alternative Dispute Resolution (ADR) Center Case Tracking...

    Science.gov (United States)

    2012-11-09

    ....S.C. 791 et seq.; the Equal Pay Act, 29 U.S.C. 206(d); the Genetic Information Nondiscrimination Act... DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records--Alternative Dispute Resolution... with the Privacy Act of 1974, as amended, 5 U.S.C. 552a (Privacy Act), the Department of Education...

  10. Disputable issues in the application of the Administrative Procedure Act

    Directory of Open Access Journals (Sweden)

    Dimitrijević Predrag

    2014-01-01

    Full Text Available The reform of administrative procedure and the applicable General Administrative Procedure Act (GAPA calls for determining the 'open' and 'disputable' issues in the application of this Act. The process of reforming the administrative legislation does not only imply taking into account the EU standards but also considering the complex, abundant and diverse national administrative practice and case law. The Serbian administrative practice points to some 'open' questions in the application of the current GAPA which should be the cornerstones in the reform of administrative legislation. In that course, it is crucial to start from the current administrative legislation and administrative practice. It is worth noting that the GAPA is already subject to permanent reform through the process of amending the subject-specific substantive provisions governing special administrative proceedings. Such practice should be upheld because the area of special administrative procedure is a dynamic environment where the APA is actually being modeled by amending the special administrative proceedings but in full compliance with the fundamental GAPA principles. Thus, the GAPA should be subject to minimal reform, primarily in the regulation of those procedural matters which have already passed the application test in both national and comparative practice; these 'safe points of reference' significantly improve the process in line with the basic administrative principles and largely contribute to its efficiency, as opposed to other alternative proposals on procedural solutions. The basic presumption for a successful APA reform is the functional analysis of the Draft GAPA. Some of the disputable issues include the subject matter of the GAPA, the enactment of administrative acts and concluding administrative agreements. In case of expanding the scope of the GAPA subject matter, the legislator is obliged to expressly regulate the administrative proceeding for concluding

  11. Information categorization approach to literary authorship disputes

    Science.gov (United States)

    Yang, Albert C.-C.; Peng, C.-K.; Yien, H.-W.; Goldberger, Ary L.

    2003-11-01

    Scientific analysis of the linguistic styles of different authors has generated considerable interest. We present a generic approach to measuring the similarity of two symbolic sequences that requires minimal background knowledge about a given human language. Our analysis is based on word rank order-frequency statistics and phylogenetic tree construction. We demonstrate the applicability of this method to historic authorship questions related to the classic Chinese novel “The Dream of the Red Chamber,” to the plays of William Shakespeare, and to the Federalist papers. This method may also provide a simple approach to other large databases based on their information content.

  12. 76 FR 55136 - Implementation of the Alternative Dispute Resolution Program

    Science.gov (United States)

    2011-09-06

    ... NUCLEAR REGULATORY COMMISSION [NRC-2011-0208] Implementation of the Alternative Dispute Resolution... stakeholders on its Alternative Dispute Resolution (ADR) Program in the Office of Enforcement (OE). The meeting... INFORMATION: I. Background Congress enacted the Administrative Dispute Resolution Act (Act) which requires...

  13. 30 CFR 291.103 - May I use alternative dispute resolution to informally resolve an allegation that open and...

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false May I use alternative dispute resolution to... alternative dispute resolution to informally resolve an allegation that open and nondiscriminatory access was... parties; (2) The Department's Office of Collaborative Action and Dispute Resolution (CADR); or (3) MMS...

  14. 25 CFR 900.133 - Does the declination process or the Contract Dispute Act apply to construction contract...

    Science.gov (United States)

    2010-04-01

    ...-DETERMINATION AND EDUCATION ASSISTANCE ACT Construction § 900.133 Does the declination process or the Contract... 25 Indians 2 2010-04-01 2010-04-01 false Does the declination process or the Contract Dispute Act apply to construction contract amendments proposed either by an Indian tribe or tribal organization or...

  15. 45 CFR 60.16 - How to dispute the accuracy of National Practitioner Data Bank information.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false How to dispute the accuracy of National Practitioner Data Bank information. 60.16 Section 60.16 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION NATIONAL PRACTITIONER DATA BANK FOR ADVERSE INFORMATION ON PHYSICIANS AND OTHER...

  16. Acting to gain information

    Science.gov (United States)

    Rosenchein, Stanley J.; Burns, J. Brian; Chapman, David; Kaelbling, Leslie P.; Kahn, Philip; Nishihara, H. Keith; Turk, Matthew

    1993-01-01

    This report is concerned with agents that act to gain information. In previous work, we developed agent models combining qualitative modeling with real-time control. That work, however, focused primarily on actions that affect physical states of the environment. The current study extends that work by explicitly considering problems of active information-gathering and by exploring specialized aspects of information-gathering in computational perception, learning, and language. In our theoretical investigations, we analyzed agents into their perceptual and action components and identified these with elements of a state-machine model of control. The mathematical properties of each was developed in isolation and interactions were then studied. We considered the complexity dimension and the uncertainty dimension and related these to intelligent-agent design issues. We also explored active information gathering in visual processing. Working within the active vision paradigm, we developed a concept of 'minimal meaningful measurements' suitable for demand-driven vision. We then developed and tested an architecture for ongoing recognition and interpretation of visual information. In the area of information gathering through learning, we explored techniques for coping with combinatorial complexity. We also explored information gathering through explicit linguistic action by considering the nature of conversational rules, coordination, and situated communication behavior.

  17. The Health Legislation Amendment Act 2013 (QLD) and Queensland's health assets privatisation dispute.

    Science.gov (United States)

    Colton, Caroline; Faunce, Thomas

    2014-09-01

    'New legislation in Queensland has provided a "pathway" for the privatisation of health assets and services in Queensland, which effectively realigns the health care system to the financial market. This column explores how this legislation contained the antecedents of the Queensland doctors' dispute when doctors roundly rejected new employment contracts in February 2014. It also argues that such legislation and its attendant backlash provides a valuable case study in view of the federal government's 2014 budget offer to the States of extra funding if they sell their health assets to fund new infrastructure. The move to privatise health in Queensland has also resulted in a government assault on the ethical credibility of the opposing medical profession and changes to the health complaints system with the introduction of a Health Ombudsman under ministerial control. The column examines these changes in light of R (Heather) v Leonard Cheshire Foundation [2001] EWHC Admin 429, a case concerning the obligations of a private entity towards publically funded clients in the United Kingdom. In discussing concerns about the impact of privatisation on the medical profession, the column points to a stark conflict between the duty to operate hospitals as a business rather than as a duty to patients.

  18. Personal Information as Communicative Acts

    DEFF Research Database (Denmark)

    Mai, Jens-Erik

    2016-01-01

    The paper extends previous accounts of informational privacy as a contextual notion. Where previous accounts have focused on interpretations of the privacy context itself as being contextual and open for negotiation and interpretation, this paper extends those analyses and shows that personal...... information itself is in fact best understood as contextual and situational—and as such open for interpretation. The paper reviews the notion of information as it has been applied in informational privacy and philosophy of information, and suggests that personal information ought to be regarded...... as communicative acts. The paper suggests a reconceptualization of informational privacy from having its focus on controlling, limiting, and restricting access to material carriers of information to a focus on a regulation of the use, analysis, and interpretation of personal information....

  19. Competing Constraints in Alternative Dispute Resolution: The Interactional Achievement of Formality and Informality in Mediation.

    Science.gov (United States)

    Smith, Calvin D.

    1996-01-01

    Offers a preliminary analysis of meditations conducted by the Queensland Community Justice Program. The conflict between the need to provide a standardized formal process and the philosophical commitment to disputant control over the dispute process and outcome is examined. Strategies providing methods to manage this conflict are discussed.…

  20. 45 CFR 61.15 - How to dispute the accuracy of Healthcare Integrity and Protection Data Bank information.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false How to dispute the accuracy of Healthcare Integrity and Protection Data Bank information. 61.15 Section 61.15 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL ADVERSE...

  1. 48 CFR 3033.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ..., DISPUTES, AND APPEALS Disputes and Appeals 3033.214 Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C. 571, et seq., authorizes and... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  2. Alternative Dispute Resolution to the Rescue.

    Science.gov (United States)

    Kassberg, Maria

    1989-01-01

    Examines the use of mediation and arbitration to settle civil disputes which have been traditionally settled through the courts. Discusses the advantages of alternative forms of dispute resolution. Describes the operations of dispute resolution centers and provides information about the individuals who serve as dispute mediators. (KO)

  3. Disputed Memory

    DEFF Research Database (Denmark)

    , individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes...... in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics....... century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions...

  4. Resource Conservation and Recovery Act Information (RCRAInfo)

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Resource Conservation and Recovery Act Information (RCRAInfo) system contains information reported to the state environmental programs on activities and cleanup...

  5. ALTERNATIVE DISPUTE RESOLUTION

    Directory of Open Access Journals (Sweden)

    Mihaela Irina IONESCU

    2016-05-01

    Full Text Available Alternative dispute resolution (ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC No 2006/2004 and Directive 2009/22/EC (hereinafter „Directive 2013/11/EU” aims to ensure a high level of consumer protection and the proper functioning of the internal market by ensuring that complaints against traders can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are independent, impartial, transparent, effective, simple,quick and fair. Directive 2013/11/EU establishes harmonized quality requirements for entities applying alternative dispute resolution procedure (hereinafter "ADR entity" to provide the same protection and the same rights of consumers in all Member States. Besides this, the present study is trying to present broadly how are all this trasposed in the romanian legislation.

  6. BBG 2009 Freedom of Information Act Repot

    Data.gov (United States)

    Broadcasting Board of Governors — The Broadcasting Board of Governors' annual Freedom of Information Act (FOIA) report includes detailed statistics on the number and disposition of FOIA requests,...

  7. BBG 2008 Freedom of Information Act Report

    Data.gov (United States)

    Broadcasting Board of Governors — The Broadcasting Board of Governors' annual Freedom of Information Act (FOIA) report includes detailed statistics on the number and disposition of FOIA requests,...

  8. Freedom of Information Act (FOIA) Tracking System

    Data.gov (United States)

    Office of Personnel Management — Tracking system which allows for the input of the Freedom of Information Act (FOIA) request date, compiles the due date, information pertaining to the request, name...

  9. 48 CFR 1233.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1990, Public Law... Specialist, who is responsible for the operations of the Center for Alternative Dispute Resolution, (C-4... alternative means of dispute resolution set forth in the ADRA, 5 U.S.C. 571(3) on a non-reimbursable basis for...

  10. Freedom of Information Act (FOIA) Plan

    Data.gov (United States)

    Office of Personnel Management — Executive Order (E.O.) 13,392 mandates that each federal agency shall have a Freedom of Information Act (FOIA) working plan with established goals and time frames to...

  11. Freedom of Information Act (FOIA) Policy

    Science.gov (United States)

    This policy establishes EPA requirements for complying with the Freedom of Information Act (FOIA) as amended, EPA FOIA regulations, and guidance issued by the U. S. Department of Justice and the National Archives and Records Administration.

  12. Freedom of Information Act-Employee responsibilities

    Science.gov (United States)

    Newman, David J.

    2012-01-01

    The Freedom of Information Act( FOIA), 5 U.S.C. § 552, as amended, generally provides that any person has a right to request access to Federal agency records. The USGS proactively promotes information disclosure as inherent to its mission of providing objective science to inform decisionmakers and the general public. USGS scientists disseminate up-to-date and historical scientific data that are critical to addressing national and global priorities.

  13. 25 CFR 1000.422 - How must disputes be handled?

    Science.gov (United States)

    2010-04-01

    ... Title I-eligible program disputes may use non-binding informal alternative dispute resolution at the... this alternative dispute resolution any time before the issuance of an initial decision of a formal appeal(s). The appeals timetable will be suspended while alternative dispute resolution is pending. ...

  14. The Freedom of Information Act and Government's Corporate Information Files.

    Science.gov (United States)

    Kielbowicz, Richard B.

    1978-01-01

    Discusses exemptions to the Freedom of Information Act that prevent disclosure of some types of corporate information supplied to the federal government. Examines case law that has developed around these exemptions and gages the degree to which they block access to corporate information held by the government. (GW)

  15. Informal administrative acts in public economic law

    International Nuclear Information System (INIS)

    Bauer, H.

    1987-01-01

    The article deals with agreements between the administration and citizens, which play a considerable part in public commercial law and in atomic energy law. The legal basis can be the doctrine of administrative legal relationship, which clarifies the reciprocity and multilaterality of the legal relationship. In the future informal administrative acts will have an increasing meaning. (CW) [de

  16. Disputes over science and dispute resolution approaches - A survey of Bureau of Reclamation employees

    Science.gov (United States)

    Burkardt, Nina; Ruell, Emily W.

    2012-01-01

    Water resources in parts of the Western United States are over-allocated, which intensifies the pressure to support water management decisions with strong scientific evidence. Because scientific studies sometimes provide uncertain or competing results or recommendations, science can become a source of disputes during decision-making processes. The Bureau of Reclamation (Reclamation) is an important water manager in the Western United States, and Reclamation decision processes are often contested by a variety of affected constituencies. We conducted a Web-based survey of Reclamation employees to determine (1) which types of disputes over science are occurring and how common they are, (2) which approaches have been used by Reclamation to try to resolve these different types of disputes, (3) how useful Reclamation employees find these approaches at resolving these types of disputes, (4) the final outcomes of these disputes and the decision-making processes that were hindered by the disputes over science, and (5) the potential usefulness of several different types of dispute resolution resources that Reclamation could provide for employees that become involved in disputes over science. The calculated minimum response rate for the survey was 59 percent. Twenty-five percent of respondents indicated that they had been involved in a dispute over science while working at Reclamation. Native species and species listed under the Endangered Species Act of 1973 were the most common issue types reported in these disputes over science. Survey respondents indicated that they used a variety of approaches to resolve disputes over science and rated most approaches as either neutral or somewhat helpful in these endeavors. Future research is needed to determine whether there are additional variables underlying these disputes that were not measured in this survey that may identify when dispute resolution methods are most effective, or whether resolving aspects of these disputes, such as

  17. Case of administrative dispute

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2015-11-01

    Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

  18. Justice Dispensation through the Alternative Dispute Resolution System in India

    Directory of Open Access Journals (Sweden)

    Krishna Agrawal

    2014-01-01

    Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and

  19. 77 FR 15555 - Freedom of Information Act and Privacy Act Procedures

    Science.gov (United States)

    2012-03-16

    ... Freedom of Information Act and Privacy Act Procedures AGENCY: Special Inspector General for Afghanistan... Freedom of Information Act (FOIA) and the Privacy Act of 1974. These procedures will facilitate public..., Freedom of information, Privacy. Authority and Issuance For the reasons set forth above, SIGAR establishes...

  20. 75 FR 36535 - Freedom of Information Act, Privacy Act of 1974; Implementation

    Science.gov (United States)

    2010-06-28

    ... DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 Freedom of Information Act... Freedom of Information Act (FOIA) and its regulations concerning the Privacy Act of 1974 (Privacy Act). It... correct those errors. List of Subjects in 31 CFR Part 1 Freedom of Information; Privacy. 0 Accordingly...

  1. 14 CFR Appendix A to Part 17 - Alternative Dispute Resolution (ADR)

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) A...—Alternative Dispute Resolution (ADR) A. The FAA dispute resolution procedures encourage the parties to..., pursuant to the Administrative Dispute Resolution Act of 1996, Pub. L. 104-320, 5 U.S.C. 570-579, and...

  2. Mediating environmental disputes

    Energy Technology Data Exchange (ETDEWEB)

    Lake, L.M.

    1977-09-01

    Environmental disputes and lawsuits are examined. Site-specific disputes focus on visible physical phenomena, such as a power plant or local river, and have an immediacy and intensity about them that make it politically hazardous for public officials to assume responsibility for resolving them. As new precedents in environmental case law become less frequent and the number of disputes increases, alternative processes for environmental conflict resolution, such as third-party intervention, become appropriate. Third-party intervention techniques of fact finding, conflict avoidance, conciliation and mediation have been applied to international, labor, prison, school, racial, and hospital disputes. Underlying concepts are described. Two case studies, the Snoqualmie Dam dispute in Washington and the West Side Highway dispute in New York City, illustrate the basic elements associated with third-party intervention. 1 map, 17 references.

  3. The Northwest Passage Dispute

    DEFF Research Database (Denmark)

    Burke, Danita Catherine

    2018-01-01

    This is an article written for the Oxford Research Group "Sustainable Security" series. It gives an overview of the dispute of the Northwest Passage and discusses factors which will contribute to the evolution of the dispute in the 21st century. This short contribution summarizes and adds to the ...... to the research recently published by the author through Palgrave Macmillan, Danita Catherine Burke, 2018, International Disputes and Cultural Ideas in the Canadian Arctic...

  4. The Influences Of The Indonesian Culture In The Process Of Finding The Dominant Factor In The Dispute Resolution In The Indonesian Construction Contract

    Directory of Open Access Journals (Sweden)

    Aripurnomo Kartohardjono

    2017-12-01

    Full Text Available The Increasing of infrastructure development in Indonesia and the need of facilities and infrastructure for the resident and also upgrading and advancing the technology every subject need to have a proper contract and this may result in prolonged disputes when in to a project contract and disputes that are not handled carefully especially when associated with a broad of territory of Indonesia that has diverse cultures languages and customs. Referring to Act no. 18 1999 on Construction Services Act no. 30 1999 on Arbitration and Alternative Dispute Settlement and Act No.2 of 2017 concerning Construction Services that is Indonesia path of law for construction disputes settlement Legal culture in Indonesia among others consensus for consensus as one of the legal component also greatly affect the work of the legal system. Attitudes of eastern society that put forward the values of harmonization for the application of law in solving the problem. The eastern people tend to reject the application of the third party to solve the construction dispute because the court is considered as the rifters of social relations of society. The value of harmony and tend to close the problem is the culture of the eastern society and this is certainly very different from the way of view and attitude of western society in looking at the law. The modeling given the variables which need to be observed so that the conflicts can be minimized. The results of the questionnaires modeled with the model proved statistically to provide information that dispute resolution with the dispute board is the preferred system of society in the scope of the study area. This is to increase awareness or prevent the happening of dispute. So dispute resolution could resolve quickly and appropriately and must be handled from the beginning of contract by independent experts trusts and people respect to it. So the project continues but the settlement of claims and or disputes is still being

  5. 77 FR 27151 - Implementing the Freedom of Information Act

    Science.gov (United States)

    2012-05-09

    ... Memoranda on ``The Freedom of Information Act'' and ``Transparency and Open Government,'' as well as... OFFICE OF SCIENCE AND TECHNOLOGY POLICY 32 CFR Part 2403 Implementing the Freedom of Information... Policy (OSTP) is proposing to issue regulations implementing the Freedom of Information Act (FOIA). The...

  6. 77 FR 67329 - Information Collection: Agricultural Foreign Investment Disclosure Act

    Science.gov (United States)

    2012-11-09

    ... Disclosure Act (AFIDA) Program Manager, Natural Resources Analysis Group, Economic and Policy Analysis Staff... Information Collection: Agricultural Foreign Investment Disclosure Act AGENCY: Farm Service Agency, USDA... Foreign Investment Disclosure Act (AFIDA) of 1978. DATES: We will consider comments that we receive by...

  7. Instituting dispute resolution procedures in the Apostolic Faith Mission in Zimbabwe church

    Directory of Open Access Journals (Sweden)

    Norman Chivasa

    2018-01-01

    Full Text Available The need to institute dispute resolution procedures in the Apostolic Faith Mission (AFM in Zimbabwe church informs this study. Remarkably, one of the most critical problems facing the AFM in Zimbabwe church is intrachurch disputes, which manifest in diverse forms such as pastors’ transfers disputes, election disputes and pastors’ performance disputes. Such disputes have produced undesirable consequences not only for pastors but also for the wellbeing of the church in general. Intrachurch disputes require internal mechanisms to manage them so that constructive rather than destructive results are achieved. To do this, internal dispute resolution procedures become critical as they provide a framework for the constructive resolution of disputes. The lived experience of disputes in the AFM in Zimbabwe church confirms the appropriateness of systems theory, which states that social institutions are vulnerable to disharmony owing to differing interacting elements. To mitigate the negative impact associated with disputes, this study proposes the need to institute dispute resolution procedures in the AFM in Zimbabwe, because the church currently relies only on disciplinary procedures to address disputes. The study further emphasises that instituting dispute resolution procedures will help the church handle disputes from within its ranks without necessarily involving local courts, which may have negative financial and relationship implications. Finally, the study develops a model for dispute resolution procedures as an instrument that can assist local churches in AFM in Zimbabwe church to handle disputes as and when they arise.

  8. 78 FR 6216 - Freedom of Information Act Regulations

    Science.gov (United States)

    2013-01-30

    ... DEPARTMENT OF THE INTERIOR Office of the Secretary 43 CFR Part 2 RIN 1093-AA15 Freedom of... regulation revises the Department's Freedom of Information Act regulations. DATES: Effective January 30, 2013... 31, 2012, revising the Department of the Interior Freedom of Information Act (FOIA) regulations. This...

  9. 78 FR 16611 - Freedom of Information Act; Correction

    Science.gov (United States)

    2013-03-18

    ... FEDERAL TRADE COMMISSION 16 CFR Part 4 Freedom of Information Act; Correction AGENCY: Federal Trade Commission. ACTION: Final rule; correction. SUMMARY: The Federal Trade Commission published a... instruction in our final rule entitled ``Freedom of Information Act'' published February 28, 2013 (78 FR 13472...

  10. 78 FR 48083 - Freedom of Information Act Administration

    Science.gov (United States)

    2013-08-07

    ... PEACE CORPS 22 CFR Part 303 RIN 0420-AA29 Freedom of Information Act Administration AGENCY: Peace Corps. ACTION: Proposed rule. SUMMARY: The proposed rule updates Peace Corps regulations on the Freedom of Information Act (FOIA) to implement guidance given by the President and the Attorney General...

  11. 5 CFR 2423.2 - Alternative Dispute Resolution (ADR) services.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) services. 2423.2 Section 2423.2 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL... Filing, Investigating, Resolving, and Acting on Charges § 2423.2 Alternative Dispute Resolution (ADR...

  12. Financial System of Malaysia: the Concept of Financial Dispute

    Directory of Open Access Journals (Sweden)

    Evgenia E. Frolova

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated the new regulatory acts of Malaysia – the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013; The characteristics of the legal status of the "Ombudsman for financial services" are listed, types of financial disputes subject to settlement under the "financial ombudsman scheme" are listed, parties to the financial dispute are identified. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Malaysia that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority. Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia. Results: according to the provisions of the new laws of Malaysia, namely the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013, a financial dispute should be understood as a dispute, to which the parties are a financial consumer and a financial service provider provider. Financial disputes include disputes in the field of insurance and Islamic insurance, as well as disputes over bank cards, bank accounts, ATMs, Internet banking, mobile banking, and others. The main body for the settlement of financial disputes is the Financial Ombudsman. The competence of the financial ombudsman is limited by the amount of the claim of 250,000 ringgit (about 4.5 million rubles, under insurance claims – 10,000 ringgit, in the field of unauthorized transactions – 25,000 ringgit. The procedure for resolving a financial dispute, which in Malaysia is referred to as the "scheme of a financial ombudsman", is established by the Central Bank of Malaysia

  13. NOAA Freedom of Information Act (FOIA) Training and Tutorials

    Science.gov (United States)

    conferences held by OIP on topical issues related to improving transparency. For more information, please Oceanic and Atmospheric Administration Office Freedom of Information Act (FOIA) HOME CoNtact Search NOAA in your State Budget Information Emergency Information for NOAA Employees Items of Interest for

  14. 3 CFR - Freedom of Information Act

    Science.gov (United States)

    2010-01-01

    ... and in a spirit of cooperation, recognizing that such agencies are servants of the public. All... the public. All agencies should use modern technology to inform citizens about what is known and done...

  15. Real Estate Agent Commission Disputes

    Directory of Open Access Journals (Sweden)

    Anida Duarte

    2015-06-01

    Full Text Available The purpose of this study was to examine the relationship among Procuring Cause Law, real estate agent years of experience, and real estate commission disputes. A pilot survey was conducted in the southwestern United States among real estate agents, realtor(s, and brokers. After testing the hypothesis, the decision was made to fail to reject the hypothesis and conclude that real estate agent experience and not Procuring Cause Law produced favorable outcomes in disputes. As a result, the following recommendations were made: (a Agency seller and buyer’s agreements should be used in each transaction to avoid disputes, (b proper expectations and guidelines should be reviewed prior to starting any real estate transaction, (c a checklist may assist in the assurance that all valuable information is reviewed, (d agents could benefit from fully understanding Procuring Cause Law and sharing this information with their clients, (e state and national regulatory requirements of the law could be modified for easier understanding and use, and (f consumers who willfully violate the law could be subject to monetary penalties.

  16. FINANCIAL SYSTEM OF JAPAN: THE LEGAL REGULATION OF DISPUTES BETWEEN FINANCIAL SERVICES PROVIDERS AND CONSUMERS

    Directory of Open Access Journals (Sweden)

    E. E. Frolova

    2018-01-01

    Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The  Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial disputesdisputes resolved by "Designated Dispute Resolution Organizations", the so-called "financial DDRO". Financial disputes are disputes between suppliers and consumers of financial services. The Financial Instruments and Exchange Act details the persons, whose activities fall within the definition of financial provider services. A brief list of financial service providers is available on the website of Japan's main financial regulator, the Financial Services Agency. The list include: Japanese banking institutions, branches and representative offices of foreign banks, business operators of financial instruments, insurance companies, trust companies, financial markets, foreign audit firms. However, unlike other countries of the Asia-Pacific region, consumers of financial services can be both physical and legal entities.Conclusions and Relevance: the materials presented in the article show the special role of "Designated Dispute Resolution

  17. 78 FR 13570 - Freedom of Information Act

    Science.gov (United States)

    2013-02-28

    ... NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: G. Richard Gold, Attorney, Office of the... files are stored and managed off-site by two contractors, Iron Mountain Archival Services and the... services that Iron Mountain performs than they would be if the Commission staff itself performed these...

  18. 75 FR 57233 - 340B Drug Pricing Program Administrative Dispute Resolution Process

    Science.gov (United States)

    2010-09-20

    ... administrative procedures associated with alternative dispute resolution. Systems must be put in place that... that the alternative dispute resolution process would involve some type of hearing. The hearing could... available to HRSA, such as audits and alternative dispute resolution, the Affordable Care Act provides HRSA...

  19. Alternative dispute resolution of medical-legal issues.

    Science.gov (United States)

    Barton, H M

    1991-02-01

    Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

  20. Obstacles to the implementation of the Freedom of Information Act ...

    African Journals Online (AJOL)

    ... implementation of the FOI Act, particularly non-compliance by government or public officials. The article recommends strategies to overcome these challenges and concludes that with political will, the objectives of the FOI Act will be realized. Keywords: Freedom of information, access, records, secrecy, Law, expression ...

  1. Annual Report to Parliament Access to Information Act International ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    leonardi

    Part 6: Completion time of consultations on Cabinet confidences . ... The Act gives Canadian citizens and permanent residents the right to have access to federal government ... The ATIP Coordinator works with IDRC's Information Management .... to its employees on the Act. However, a training program was developed and.

  2. Freedom of Information Act (FOIA) Amendments: 110th Congress

    National Research Council Canada - National Science Library

    Relyea, Harold C

    2008-01-01

    Enacted in 1966 after 11 years of investigation, legislative development, and deliberation in the House and half as many years of such consideration in the Senate, the Freedom of Information Act (FOIA...

  3. Freedom of Information Act (FOIA) Amendments: 110th Congress

    National Research Council Canada - National Science Library

    Relyea, Harold C

    2007-01-01

    Enacted in 1966 after 11 years of investigation, legislative development, and deliberation in the House and half as many years of such consideration in the Senate, the Freedom of Information Act (FOIA...

  4. Report: Fiscal Year 2010 Federal Information Security Management Act Report

    Science.gov (United States)

    Report #11-P-0017, November 16, 2010. Attached is the Office of Inspector General’s (OIG’s) Fiscal Year 2010 Federal Information Security Management Act (FISMA) Reporting Template, as prescribed by the Office of Management and Budget (OMB).

  5. Privacy Act System of Records: Freedom of Information Act Request and Appeal File, EPA-9

    Science.gov (United States)

    Learn more about the Freedom of Information Act Request and Appeal File System, including who is covered in the system, the purpose of data collection, routine uses for the system's records, and other security procedures.

  6. The jurisdiction of administrative courts in disputes about the payment of costs incurred for investigating or supervisory tasks in compliance with section 21 AtG (Atomic Energy Act). Hess. VGH, decision of August 2, 1993 - 14 A 995/92

    International Nuclear Information System (INIS)

    Anon.

    1994-01-01

    Disputes about payment of costs incurred by investigating or supervisory tasks in compliance with section 21 AtG (Atomic Energy Act) are to be settled by a the first instance, the administrative courts. (Judgment of Higher Adm. Court of Hesse, as of August 2, 1993 - 14 A 995/92). (orig./HSCH) [de

  7. The Genetic Information Nondiscrimination Act (GINA): A Civil Rights Victory

    Science.gov (United States)

    Petruniak, Mark; Krokosky, Alyson; Terry, Sharon F.

    2011-01-01

    This article discusses the Genetic Information Nondiscrimination Act (GINA) which President George W. Bush officially signed in 2008. The law prohibits employers from making adverse employment decisions based on a person's genetic information, including family health history. It also forbids insurance companies from discriminating against…

  8. 78 FR 32595 - Revision of Freedom of Information Act Regulation

    Science.gov (United States)

    2013-05-31

    ... Revision of Freedom of Information Act Regulation AGENCY: Office of the Secretary, HUD. ACTION: Proposed rule. SUMMARY: This proposed rule would amend HUD's regulations implementing the Freedom of Information... with speech or hearing impairments may access this number via TTY by calling the toll-free Federal...

  9. Literacy, Numeracy and Alternative Dispute Resolution: Support Document

    Science.gov (United States)

    Cumming, J. Joy; Wilson, Janice M.

    2005-01-01

    This document was produced by the authors based on their research for the report "Literacy, Numeracy and Alternative Dispute Resolution," and is an added resource for further information. It contains the appendices: (1) Published statistics on mediation/alternative dispute resolution in Australian courts and tribunals over the period…

  10. 13 CFR 500.107 - Freedom of Information Act.

    Science.gov (United States)

    2010-01-01

    ..., microfilm, audiovisual materials, or machine-readable documentation (e.g., magnetic tape or disk). (5... OF INFORMATION ACT REQUEST. (3) Contents of request. The request shall contain the following... disclosure, that disclosure is primarily in the commercial interest of the requester. (ii) Contents of...

  11. 78 FR 53083 - Freedom of Information Act Administration

    Science.gov (United States)

    2013-08-28

    ... PEACE CORPS 22 CFR Part 303 RIN 0420-AA29 Freedom of Information Act Administration AGENCY: Peace Corps. ACTION: Proposed rule; correction. SUMMARY: The Peace Corps is correcting a typographical error in a proposed rule that appeared in the Federal Register of August 7, 2013. The proposed rule updates...

  12. 78 FR 10200 - Proposed Information Collection; Captive Wildlife Safety Act

    Science.gov (United States)

    2013-02-13

    ... DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-LE-2013-N020; FF09L00200-FX-LE12200900000] Proposed Information Collection; Captive Wildlife Safety Act AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We (U.S. Fish and Wildlife Service) will ask the...

  13. Resolution of consumer disputes through arbitration with special regard on insurance disputes

    Directory of Open Access Journals (Sweden)

    Tomić-Petrović Nataša

    2014-01-01

    Full Text Available Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.

  14. South China Sea Dispute

    OpenAIRE

    Tanderup, Kasper Buch; Grinderslev, Emil Juhler; Tønnesen-Højbjerg, Asser Laurits Svend

    2017-01-01

    China is rising rapidly in terms of economics, military spending, sphere of influence and claims to in their view former territory. This paper has aimed to discuss the latter through analysis of the present dispute concerning islands and maritime territory in the South China Sea. The Chinese have become increasingly assertive in their claims formulated through a U-shaped line entailing most of the area within the South China Sea. The claims are contested by Vietnam, the Philippines, Indonesia...

  15. Overview of alternative dispute resolution in healthcare disputes.

    Science.gov (United States)

    Saravia, A

    1999-01-01

    Various methods of alternative dispute resolution have gained wide acceptance in general commercial disputes. With the ever-increasing commercialization of the healthcare industry, many participants are examining ADR as a means of resolving disputes in this area as well. This Commentary provides an overview of the two most prevalent forms of ADR (arbitration and mediation), and discusses ongoing legislative, judicial, and industry activities that will guide the application of ADR in the healthcare arena.

  16. International Construction Disputes in Denmark

    DEFF Research Database (Denmark)

    Cavaleri, Sylvie Cécile

    2016-01-01

    The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments to the sys......The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments...

  17. 77 FR 43081 - Federal Acquisition Regulation; Information Collection; Buy American Act-Free Trade Agreements...

    Science.gov (United States)

    2012-07-23

    ...; Information Collection; Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate AGENCIES... approved information collection requirement concerning the Buy American Act--Free Trade Agreements--Israeli..., Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, by any of the following...

  18. China's Crisis Bargaining in the South China Sea Dispute (2010-2013)

    OpenAIRE

    Ramadhani, Eryan

    2014-01-01

    As one of China’s most intricate territorial dispute, the South China Sea dispute has sufficiently consumed significant amount of Chinese leaders’ attention in Beijing. This paper reveals that China exerts signaling strategy in its crisis bargaining over the South China Sea dispute. This strategy contains reassurance as positive signal through offering negotiation and appearing self-restraint and of negative signal by means of escalatory acts and verbal threats. China’s crisis bargaining in t...

  19. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

    In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour...... studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies....

  20. 28 CFR 513.62 - Freedom of Information Act requests by former inmates.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Freedom of Information Act requests by... GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Release of Information Freedom of Information Act Requests for Information § 513.62 Freedom of Information Act requests by former inmates. Former federal...

  1. Protecting personal information: Implications of the Protection of Personal Information (POPI) Act for healthcare professionals.

    Science.gov (United States)

    Buys, M

    2017-10-31

    Careless handling of patient information in daily medical practice can result in Health Professions Council of South Africa sanction, breach of privacy lawsuits and, in extreme cases, serious monetary penalty or even imprisonment. This review will focus on the Protection of Personal Information (POPI) Act (No. 4 of 2013) and the implications thereof for healthcare professionals in daily practice. Recommendations regarding the safeguarding of information are made.

  2. Information needs critical to implementing the Federal Facility Compliance Act

    Energy Technology Data Exchange (ETDEWEB)

    Rasch, D.N. [Department of Energy-Idaho Operations Office, Idaho Falls, ID (United States); Kristofferson, K. [WINCO/INEL, Idaho Falls, ID (United States); Eaton, D.L. [EG& G Idaho/INEL, Idaho Falls, ID (United States)] [and others

    1994-12-31

    The presented paper summarizes the current status of data collection completed to support the Federal Facility Compliance Act (FFCA) Interim Mixed Waste Inventory Report (IMWIR), current needs, and related lessons learned. The Department of Energy (DOE), as required in Section 3021 of Resource Conservation and Recovery Act (RCRA), is required to prepare waste inventory reports, treatment reports and treatment plans. With this extensive effort, formulation of these requirements has required extensive data collection, validation and revision efforts. The framework for supporting these data needs has been enhanced by establishing a core database capable of supporting the required IMWIR, and has provided the basis for development of the Conceptual Site Treatment Plan (CSTP). The development of the CSTP has shown a need for complex wide standardized information that will ultimately become the basis for major land disposal restriction (LDR) activities such as; site treatment, equity resolution, consent agreement and continued capability to respond to stakeholder requests. DOE is in a position to dramatically demonstrate to the public and the states that mixed waste treatment can be cost effectively realized. To accomplish this program successfully will require use of existing data and expertise. This effort will be enhanced by implementation of basic system management processes which focus on completion of a mutually agreed to goal.

  3. Settlement of Tax Disputes in the Russian Federation and Germany

    Directory of Open Access Journals (Sweden)

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

  4. Content disputes in Wikipedia reflect geopolitical instability.

    Science.gov (United States)

    Apic, Gordana; Betts, Matthew J; Russell, Robert B

    2011-01-01

    Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.

  5. Content disputes in Wikipedia reflect geopolitical instability.

    Directory of Open Access Journals (Sweden)

    Gordana Apic

    Full Text Available Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.

  6. 78 FR 64885 - Freedom of Information Act (FOIA); Miscellaneous Rules Redelegation of Authority To Determine...

    Science.gov (United States)

    2013-10-30

    ... FEDERAL TRADE COMMISSION 16 CFR Part 4 Freedom of Information Act (FOIA); Miscellaneous Rules... redelegate his or her authority to determine appeals related to the Freedom of Information Act (``FOIA... in 16 CFR Part 4 Administrative practice and procedure, Freedom of Information Act. For the reasons...

  7. 76 FR 77738 - Telecommunications Act Accessibility Guidelines; Electronic and Information Technology...

    Science.gov (United States)

    2011-12-14

    ... Telecommunications Act Accessibility Guidelines and its Electronic and Information Technology Accessibility Standards... electronic and information technology covered by Section 508 of the Rehabilitation Act Amendments of 1998. 76.... 2011-07] RIN 3014-AA37 Telecommunications Act Accessibility Guidelines; Electronic and Information...

  8. Considering Mediation for Special Education Disputes: A School Administrator's Perspective.

    Science.gov (United States)

    Bar-Lev, Nissan B.; Neustadt, Sam; Peter, Marshall

    This pamphlet describes, from an administrators perspective, the advantages and disadvantages of mediation to solve special education disputes between parents and schools. It first notes mediation requirements under the 1997 reauthorization of the Individuals with Disabilities Act whenever a due process hearing has been requested, as well as…

  9. Guidelines Gas Act. Information and Consultation Document 2001

    International Nuclear Information System (INIS)

    De Groene, P.; Teljeur, E.; Verdonkschot, I.R.

    2001-06-01

    This Information and Consultation Document has been drawn up for the consultation period that will be held prior to the approval of the new Guidelines, in accordance with sections 13 and 18 of the Dutch Gas Act. In determining the topics for discussion in the consultation document, DTe has based its decision on the scope and aim of these Guidelines. In doing so, DTe's objective is to achieve these aims in a responsible manner, with limited interventions in the market. The Guidelines focus firstly on gas transport companies, in so far as they transport gas to supply eligible customers. In the year 2002, customers with an annual off-take of 1 million m 3 or more will be eligible. Secondly, the Guidelines focus on gas storage companies that have a dominant position or are deemed to have a dominant position, in accordance with section 18(2) of the Gas Act. In determining the Guidelines, in accordance with section 13(1) of the Gas Act, the Director of DTe has to take into account the promotion of trade and the promotion of the efficient operation of gas transport companies and users of the gas network. In addition, it appears from the Parliamentary Proceedings that the Guidelines also have the aim of preventing abuse of a dominant position. This document indicates the way DTe intends to achieve the statutory aims referred to above. Partly on the basis of experience in other countries, DTe assumes that realising these aims and creating a 'level playing field' on the Dutch gas market is a gradual process that may take several years. It will not be possible to realise all the conditions for achieving the above-mentioned objectives, as outlined by DTe in the Information and Consultation Document, in 2002. DTe therefore intends to limit the Guidelines for the year 2002 to the conditions that have priority. The aim of the consultation process and the responses of the various markets players is partly to determine the conditions that have priority. For the purposes of

  10. L'etat, C'est Moi: Why provincial Intra-governmental disputes in ...

    African Journals Online (AJOL)

    L'etat, C'est Moi: Why provincial Intra-governmental disputes in Shout Africa remain ungoverned by the final constitution and the Intergovernmental Relations Framework Act - and how we can best resolve them.

  11. 78 FR 24227 - Notice of Proposed Information Collection; Comment Request: Real Estate Settlement Procedures Act...

    Science.gov (United States)

    2013-04-24

    ... Information Collection; Comment Request: Real Estate Settlement Procedures Act (RESPA) Disclosures AGENCY.... Description of the need for the information and proposed use: The Real Estate Settlement Procedures Act of... Act), rulemaking authority for and certain enforcement authorities with respect to the Real Estate...

  12. 78 FR 69651 - Privacy Act of 1974; System of Records

    Science.gov (United States)

    2013-11-20

    ... Dispute Resolution Act (ADR); DIA Instruction 5145.001, Conflict Management Program; DIA Manual 60-1... provided access to the information except to the extent that disclosure would reveal the identity of a.... 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential...

  13. Cognitive behaviour therapy territory model: effective disputing approach.

    Science.gov (United States)

    Lam, D

    1997-06-01

    This paper proposes a disputing model (territory model) which is particularly useful and effective for disputing clients who persistently hold on to their dysfunctional thinking and/or core irrational beliefs. Their 'stubbornness' to change is compounded by unhealthy negative emotions during sessions. The intense emotion makes it difficult to access the belief system, and therefore any attempt to dispute it often proves futile. This model advocates the shift of disputing onto a different 'territory/ground' where the client can be facilitated to acquire higher, abstract and objective thinking, and at the same time his/her emotional level is susceptible to rational and logical arguments. The new thinking would act as a catalyst for the client to reflect on his/her dysfunctional thought/irrational beliefs. In this paper, the author uses a case example to illustrate and discuss the ineffectiveness of the 'traditional' way of disputing the dysfunctional thinking/core beliefs of a difficult and emotional client. This is contrasted with the 'territory' model.

  14. What Are the ACT College Readiness Benchmarks? Information Brief

    Science.gov (United States)

    ACT, Inc., 2013

    2013-01-01

    The ACT College Readiness Benchmarks are the minimum ACT® college readiness assessment scores required for students to have a high probability of success in credit-bearing college courses--English Composition, social sciences courses, College Algebra, or Biology. This report identifies the College Readiness Benchmarks on the ACT Compass scale…

  15. 32 CFR 635.12 - Release of information under the Privacy Act of 1974.

    Science.gov (United States)

    2010-07-01

    ... § 635.12 Release of information under the Privacy Act of 1974. (a) Military police records may be...) The release and denial authorities for all Privacy Act cases concerning military police records are...

  16. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

    In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour......, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using...... practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute...

  17. Comparison research on stakeholders analysis of disposition of medical dispute between China and abroad

    Directory of Open Access Journals (Sweden)

    Qin Chen

    2015-01-01

    Full Text Available Objective: We learn about the methods, process, effects of each stakeholder and the principles of the disposition of medical dispute home and abroad through stakeholder analysis. Methods: We investigate the methods, process and the principles of the disposition of medical dispute home and abroad by literature retrieval, key informant interview and depth interview. Results: The stakeholders of medical disputes mainly include patients and families, medical staff and hospitals, pharmaceutical companies, governments, laws, non-government organizations and media. They play different roles in medical disputes and have different effects. Over all, patients and families, medical staff and hospitals have the greatest effect and then laws, media, government, non-government organizations and pharmaceutical companies. Conclusion: Different stakeholders affect the disposition of medical disputes differently. It is crucial to establish harmonious relationship between patients and doctors and to build harmonious society by untangling the responsibility between all the stakeholders and dispose medical disputes quickly and effectively.

  18. Mediation for resolving family disputes

    Directory of Open Access Journals (Sweden)

    Kamenecka-Usova M.

    2016-01-01

    Full Text Available Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.

  19. 12 CFR 404.6 - Release of records under the Freedom of Information Act.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Release of records under the Freedom of Information Act. 404.6 Section 404.6 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Procedures for Disclosure of Records Under the Freedom of Information Act. § 404.6 Release of...

  20. Notification: Preliminary Research on EPA's Decision Making Process to Release Information Under the Freedom of Information Act

    Science.gov (United States)

    July 19, 2013. The Office of Inspector General plans to begin preliminary research on the U.S. Environmental Protection Agency’s process for deciding to release information requested under the Freedom of Information Act.

  1. 48 CFR 5452.233-9001 - Disputes: Agreement To Use Alternative Dispute Resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... Alternative Dispute Resolution (ADR). 5452.233-9001 Section 5452.233-9001 Federal Acquisition Regulations... of Provisions and Clauses 5452.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution... Alternative Dispute Resolution (ADR) (APR 2001)—DLAD (a) The parties agree to negotiate with each other to try...

  2. Supporting Children to Resolve Disputes

    Science.gov (United States)

    Church, Amelia; Mashford-Scott, Angie; Cohrssen, Caroline

    2018-01-01

    Teacher intervention in children's disputes most commonly features cessation strategies, despite evidence showing the value of modelling problem-solving behaviours. Existing research has categorized strategies used by teachers in early childhood settings, but in this article we aim to illustrate how these practices are realized. Using the method…

  3. 22 CFR 226.90 - Disputes.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Disputes. 226.90 Section 226.90 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Miscellaneous § 226.90 Disputes. (a) Any dispute under or relating to a grant or agreement shall...

  4. Alternative dispute resolution mechanisms, plea bargain and ...

    African Journals Online (AJOL)

    Conflicts, disputes, disagreements, problems and issues are inevitable in human affairs. Most of these disputes and problems in some circumstances give rise to offences for which a criminal prosecution becomes necessary. One can say that Alternative Dispute Resolution (ADR) is used all round the world to resolve ...

  5. 78 FR 27187 - Proposed Information Collection; Comment Request; Green Sturgeon Endangered Species Act Take...

    Science.gov (United States)

    2013-05-09

    ... Collection; Comment Request; Green Sturgeon Endangered Species Act Take Exceptions and Exemptions AGENCY...) of the Endangered Species Act (ESA) were promulgated for the species on June 2, 2010 (75 FR 30714... information collection, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be...

  6. 18 CFR 385.606 - Confidentiality in dispute resolution proceedings (Rule 606).

    Science.gov (United States)

    2010-04-01

    ... be required to disclose, any information concerning any dispute resolution communication or any communication provided in confidence to the neutral, unless: (1) All participants in the dispute resolution... reducing the confidence of participants in future cases that their communications will remain confidential...

  7. 75 FR 41370 - Regulations Implementing the Freedom of Information Act

    Science.gov (United States)

    2010-07-16

    ... updates paragraph (a) to reflect the new maintenance of statistics requirements in the OPEN Government Act... 2201.4 is amended: 0 a. By revising paragraphs (c) introductory text, (c)(1), (3), (4), and (5); 0 b...) introductory text; 0 b. Adding paragraph (b)(2)(v); and 0 c. Revising paragraph (e). The revisions and addition...

  8. 75 FR 22320 - Regulations Implementing the Freedom of Information Act

    Science.gov (United States)

    2010-04-28

    ... reflect the new maintenance of statistics requirements in the OPEN Government Act. 5 U.S.C. 552(e). III... 2201.4 is amended: a. By revising paragraphs (c) introductory text, (c)(1), (3), (4), and (5); b. By.... Revising paragraphs (b)(1) and (b)(2) introductory text; b. Adding paragraph (b)(2)(v); and c. Revising...

  9. Alternative Dispute Resolution – Justice without Trial?

    Directory of Open Access Journals (Sweden)

    Angelica Roşu

    2012-05-01

    Full Text Available This research is proposed to analyze the alternative means of dispute resolution, as an alternativeof justice, or as a justice alternative, after studying both European critical literature and national one. Thephrase „alternative dispute resolution” means any alternative way of dispute resolution method whereby two ormore people try using a third party to reach a solution to the problem that precludes them, whether it ismediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a commonmethod. We concluded that the main reason of the alternative means for dispute resolution results from thepossibility to avoid the judicial system that makes it available for the litigants. It was also shown that users ofalternative means for dispute resolution not seek to resolve the dispute outside a court as an amicablesettlement, negotiated, consensual of their dispute.

  10. 12 CFR 407.7 - Relationship to Freedom of Information Act.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Relationship to Freedom of Information Act. 407.7 Section 407.7 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES REGULATIONS GOVERNING PUBLIC OBSERVATION OF EX-IM BANK MEETINGS § 407.7 Relationship to Freedom of Information Act. Nothing in...

  11. 32 CFR 806b.30 - Evaluating information systems for Privacy Act compliance.

    Science.gov (United States)

    2010-07-01

    ... privacy issues are unchanged. (d) The depth and content of the Privacy Impact Assessment should be... 32 National Defense 6 2010-07-01 2010-07-01 false Evaluating information systems for Privacy Act... FORCE ADMINISTRATION PRIVACY ACT PROGRAM Privacy Impact Assessments § 806b.30 Evaluating information...

  12. 30 CFR 250.226 - What Coastal Zone Management Act (CZMA) information must accompany the EP?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false What Coastal Zone Management Act (CZMA) information must accompany the EP? 250.226 Section 250.226 Mineral Resources MINERALS MANAGEMENT SERVICE... and Information Contents of Exploration Plans (ep) § 250.226 What Coastal Zone Management Act (CZMA...

  13. Decision making in civil disputes

    Directory of Open Access Journals (Sweden)

    Victoria Gilliland

    2008-10-01

    Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.

  14. Autonomy and Authority in the Resolution of Sibling Disputes.

    Science.gov (United States)

    Ross, Hildy; And Others

    1996-01-01

    Investigates parental intervention in sibling disputes to reveal how different developmental models inform us about the role of social conflict in early development. Examines predictions made by Piagetian, socialization, and conflict-mediation models regarding the role of adults in children's conflicts, as they are applied to a series of studies…

  15. 77 FR 21628 - Implementation of the Freedom of Information Act

    Science.gov (United States)

    2012-04-11

    ... procedures for confidential commercial information''). FSOC has, however, determined to omit the provision... Government Information Services (``OGIS''), to remind requesters that OGIS's mediation services are available... request, a requester shall indicate in the request whether the requester is a commercial user, an...

  16. 77 FR 38171 - Freedom of Information Act and Privacy Act Procedures

    Science.gov (United States)

    2012-06-27

    .... 9301.8 through 9301.10. (3) Mediation. A response to an appeal will advise the requester that the 2007 FOIA amendments created the Office of Government Information Services (OGIS) to offer mediation...) Commercial use request means a request from or on behalf of a person who seeks information for a use or...

  17. 76 FR 58020 - Prescription Drug User Fee Act IV Information Technology Plan

    Science.gov (United States)

    2011-09-19

    ...] Prescription Drug User Fee Act IV Information Technology Plan AGENCY: Food and Drug Administration, HHS. ACTION... information technology (IT) plan entitled ``PDUFA IV Information Technology Plan'' (updated plan) to achieve... Information Technology Plan.'' This plan will meet one of the performance goals agreed to under the 2007...

  18. 77 FR 4643 - Freedom of Information Act Implementation

    Science.gov (United States)

    2012-01-31

    ... categories into the definition of ``Requester in the final regulation.'' Therefore, a separate, stand-alone... Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park...

  19. Freedom of Information Act and social media escapades: the ...

    African Journals Online (AJOL)

    Lwati: A Journal of Contemporary Research ... were reviewed and analyzed to determine the gullibility of citizens in information acquisition and dissemination. The knowledge gap theory propounded by Philip Tchenor et al., (1970) was used to ...

  20. 28 CFR 513.63 - Freedom of Information Act requests on behalf of an inmate or former inmate.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Freedom of Information Act requests on..., DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Release of Information Freedom of Information Act Requests for Information § 513.63 Freedom of Information Act requests on behalf of...

  1. Construction dispute research conceptualisation, avoidance and resolution

    CERN Document Server

    2014-01-01

    There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute.  The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science.   The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ se...

  2. Use of alternative dispute resolution--HHS. Notice of interim policy.

    Science.gov (United States)

    1992-10-27

    The Department has developed an interim policy to address the use of alternative dispute resolution (ADR) as required by the Administrative Dispute Resolution Act (ADR Act), Public Law No. 101-552. This interim policy also responds to the Negotiated Rulemaking Act, Public Law No. 101-648, and relevant elements of the Executive Order on Civil Justice Reform (E.O. 12778). The Department is adopting an interim policy because we need a baseline of experience and knowledge from our own pilot activities and those of other agencies before finalizing a policy.

  3. 77 FR 72814 - Information Collection; Secure Rural Schools Act

    Science.gov (United States)

    2012-12-06

    ... received in writing on or before February 4, 2013 to be assured of consideration. Comments received after... should be addressed to USFS Payments to States Coordinator, SWAM/IAS/ASR, 101-B Sun Avenue NE..., and clarity of the information to be collected; and (4) ways to minimize the burden of the collection...

  4. 75 FR 65356 - Proposed Agency Information Collection Act

    Science.gov (United States)

    2010-10-22

    ..., Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC... Health Service for the prevention and control of HIV infection, viral hepatitis, sexually transmitted... information on HIV/ AIDS, viral hepatitis, STDs, and TB, supporting NCHHSTP's mission to link Americans to...

  5. Trend Spotting: NAFTA Disputes After Fifteen Years

    OpenAIRE

    Lawrence L. Herman

    2010-01-01

    Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the b...

  6. 46 CFR 205.5 - Contracts containing disputes article.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Contracts containing disputes article. 205.5 Section 205... AUDIT APPEALS; POLICY AND PROCEDURE § 205.5 Contracts containing disputes article. When a contract contains a disputes article, the disputes article will govern the bases for negotiating disputes regarding...

  7. 48 CFR 1433.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 1433.214 Alternative dispute resolution (ADR). DOI strongly encourages the use of ADR in the resolution of disputes in lieu of...

  8. 14 CFR 17.31 - Use of alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Use of alternative dispute resolution. 17... PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.31 Use of alternative dispute resolution. (a) The Office of Dispute Resolution for Acquisition shall encourage the...

  9. 77 FR 59899 - Proposed Information Collection; Comment Request; Coastal Zone Management Act Walter B. Jones and...

    Science.gov (United States)

    2012-10-01

    ... Collection; Comment Request; Coastal Zone Management Act Walter B. Jones and NOAA Excellence Awards AGENCY... approved information collection. The 1990 reauthorization of the Coastal Zone Management Act (CZMA) authorized an awards program to ``implement a program to promote excellence in coastal zone management by...

  10. 77 FR 62494 - Proposed Information Collection; Comment Request; Evaluations of Coastal Zone Management Act...

    Science.gov (United States)

    2012-10-15

    ... Collection; Comment Request; Evaluations of Coastal Zone Management Act Programs--State Coastal Management... request is for a new information collection. The Coastal Zone Management Act of 1972, as amended (CZMA; 16 U.S.C. 1451 et seq.) requires that state coastal management programs and national estuarine research...

  11. 75 FR 55577 - Clean Water Act; Contractor Access to Confidential Business Information

    Science.gov (United States)

    2010-09-13

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9200-8] Clean Water Act; Contractor Access to Confidential... Recovery Act (RCRA). Transfer of the information will allow the contractor and subcontractors to access... contractors and subcontractors over the history of the effluent guidelines program. EPA determined that this...

  12. 78 FR 79692 - Clean Water Act; Contractor Access to Confidential Business Information

    Science.gov (United States)

    2013-12-31

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9904-94-OW] Clean Water Act; Contractor Access to... Transfer of Confidential Business Information to Contractor, Subcontractors, and Consultants. SUMMARY: The... contractors listed below require access to CBI submitted to EPA under Section 308 of the Clean Water Act (CWA...

  13. Disputes About Disputes: Understanding the South China Sea

    Directory of Open Access Journals (Sweden)

    Bill Hayton

    2017-12-01

    Full Text Available Steve Chan. China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives. Cambridge: Cambridge University Press, 2016. Do Thanh Hai. Vietnam and the South China Sea: Politics, Security and Legality. New York: Routledge, 2017. The two books under review here demonstrate some of the diversity of writing within the discipline of international relations. In China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives, political scientist Steve Chan, following Kant, describes his style as “nomothetic,” “which emphasizes attention to classes of events rather than specific episodes” (vii. Strategic and defense studies scholar Do Thanh Hai’s Vietnam and the South China Sea: Politics, Security and Legality is an example of what Chan calls the “idiographic approach,” focusing “on the more unique or specific aspects of the situation” (vii. Chan wants to be able to generalize and compare, and he explicitly eschews narratives of “who did what to whom.” Hai, on the other hand, is keen to make clear that it is China who did something to Vietnam. The most obvious criticism to make of his book is that it is written from an overtly Vietnamese perspective. That is a weakness, but also potentially a draw for those interested in the formulation of Vietnamese policy. Chan writes from an ostensibly neutral position, but, as we shall see, his analysis is rooted within a Chinese world view.

  14. The Body Language Behaviours of the Chairs of the Disputes According to the Disputants

    Science.gov (United States)

    Caliskan, Nihat

    2009-01-01

    The perception form of the body language behaviours of the session chairs by disputants affects the efficiency of the process. Therefore, it is important to determine the effects of the mimic, gesture, physical appearance and tonality and accent of the chairs on disputants. That research was conducted to clarify how the disputants perceive the…

  15. The freedom of information act and the practice of journalism in ...

    African Journals Online (AJOL)

    Journal of Research in National Development ... This study examines the effectiveness of the Freedom of Information Act (FOIA) in Nigeria. ... The study employed Libertarian media theory and Teological ethnical theory as the theoretical ...

  16. 77 FR 59224 - Comment Request for Information Collection for the Workforce Investment Act (WIA) Management...

    Science.gov (United States)

    2012-09-26

    ... Collection for the Workforce Investment Act (WIA) Management Information and Reporting System; Extension With... changes that are being requested in the extension with revisions to the WIA Management Information and.... III. Current Actions Type of Review: Extension with revisions. Title: WIA Management Information and...

  17. 40 CFR 2.305 - Special rules governing certain information obtained under the Solid Waste Disposal Act, as amended.

    Science.gov (United States)

    2010-07-01

    ... information obtained under the Solid Waste Disposal Act, as amended. 2.305 Section 2.305 Protection of... § 2.305 Special rules governing certain information obtained under the Solid Waste Disposal Act, as amended. (a) Definitions. For purposes of this section: (1) Act means the Solid Waste Disposal Act, as...

  18. AWARENESS ABOUT MEDIATION AS AN ALTERNATIVE FORM OF DISPUTE RESOLUTION: PRACTICES IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Aleksandra Stoilkovska

    2015-06-01

    Full Text Available Disputes resolved with the use of mediation as a form of dispute resolution are rare (or at striking level in the practice in our country. In order to increase the number of disputes that were successfully completed based on mediation, it is necessary for the people to know about the alternative forms of resolving litigation. The lack of information contributes to the lack of trust in any resolution of the dispute except in the court. There is also the positive practice of resolving disputes through mediation macular placed in public. This Paper treats the action research which aims to connect the people awareness of mediation as a form of negotiation through which can quickly and easily, without major financial implications, to resolve any dispute. This paper is based on a survey with the members of Chamber of Mediators of the Republic of Macedonia. These results clearly confirm the lack of information among the local population about the forms of dispute resolution that are available and the benefits they offer. 

  19. Mediation in complex multi-party disputes

    NARCIS (Netherlands)

    Kamminga, Y.P.; Blohorn-Brenneur, B.

    2013-01-01

    Mediation is on the rise but it is lagging behind in certain fields such as in the resolution of complex disputes. This article addresses how biases in the decision-making process for selecting either mediation or litigation surrounding dispute resolution works in the disadvantage of mediation. It

  20. Territorial disputes in international arbitration practice

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

    Full Text Available This paper deals with the issue of territorial disputes settlement in international arbitrations. The arbitration represents an efficient way of determining state borders, together with diplomatic means of dispute resolution and procedure before the International Court of Justice. Parties in a dispute choose arbiters, rules of procedure and commit themselves to accept and implement arbitration award, which is based on international law. States can create an ad hoc tribunal or they can decide to resolve the dispute before the Permanent Court of Arbitration in The Hague. In arbitration practice there were cases of successful arbitrations, especially in situations when a dispute was primarily factual and when major economic and political interests were not involved.

  1. 48 CFR 1552.235-73 - Access to Federal Insecticide, Fungicide, and Rodenticide Act Confidential Business Information...

    Science.gov (United States)

    2010-10-01

    ... Insecticide, Fungicide, and Rodenticide Act Confidential Business Information (APR 1996). 1552.235-73 Section... Insecticide, Fungicide, and Rodenticide Act Confidential Business Information (APR 1996). As prescribed in... Act Confidential Business Information (APR 1996) In order to perform duties under the contract, the...

  2. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency

    Directory of Open Access Journals (Sweden)

    Fauziyah Fauziyah

    2016-06-01

    Full Text Available In the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades. There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD, and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD that is packed into village budget (APBDes, Rp.2.000.000 for every Pilkades. How to Cite: Fauziyah, F., & Praptianingsih, S. (2016. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency. Rechtsidee, 3(1, 53-62. doi: http://dx.doi.org/10.21070/jihr.v3i1.159

  3. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency

    Directory of Open Access Journals (Sweden)

    Fauziyah Fauziyah

    2015-06-01

    Full Text Available Village elections (Pilkades is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1, 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8

  4. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-10-28

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... resolving both business to business and business to consumer cross-border electronic commerce disputes. The... information. Data from the public is requested pursuant to Pub. L. 99-399 (Omnibus Diplomatic Security and...

  5. Energy price dispute - companies are confident

    International Nuclear Information System (INIS)

    Marcan, P.; Slovak, P.

    2007-01-01

    Energy prices stipulated for 2003 were not compliant with the valid legislation. The Constitutional Court has repeatedly confirmed this fact. The dispute between several Slovak companies and the state will address the damage caused by illegal actions taken by the public authority, including loss of profit. A group of claimants represented by the Club 500 association is claiming up to 2 bil. Sk (57.97 mil. EUR) as compensation for the mistake made by the Office for Regulation of Network Industries (URSO), including the unclear calculation of the lost profit of companies. It will be up to the courts to decide whether the price deregulation really caused damage to the companies or whether they just took advantage of the faulty legislation.The companies base their claims on a decision of the Constitutional Court. Last year the Court twice announced that the 2003 energy prices were not compliant with valid legislation. At that time, Slovakia lacked a generally binding regulation that should have been in place according to the Act on Regulation of Network Industries. Currently, the role of these missing regulations has been taken over by URSO decrees. These stipulate justified costs and adequate profit of energy suppliers. The regulator had such a decree prepared at the end of 2002, but due to material stipulations and time constraints it did not publish it. (authors)

  6. International trade disputes in modern regulatory paradigm

    Directory of Open Access Journals (Sweden)

    Tamara Gordeeva

    2013-09-01

    Full Text Available This article studies the latest trends observed in the area of contradictory relations between countries with regard to international trade, which cause changes in the paradigm of international trade disputes. It has been found out that any state of inconsistent relations between the countries is recently characterized as a «trade war». It has been analyzed the notions of «dispute», «conflict», «war» according to international regulatory documents and determined the applicability of these terms depending on a number of criteria. It has been studied the evolution of the objects of international trade disputes since the time of ancient Greece until today, and new trends based on this have been revealed with regard to use of trade policy instruments that cause disputes between countries. Several specific examples of international trade disputes and causes of their occurrence have been considered. A quantitative analysis of international trade disputes in general and in relations between the leading countries in terms of a number of the trade disputes in which they were involved has been performed.

  7. DISPUTE RESOLUTION AND MEDIATION ON CAPITAL MARKET

    Directory of Open Access Journals (Sweden)

    CRISTIAN GHEORGHE

    2011-04-01

    Full Text Available Capital Market is usually depicted as a place for experts, for people with high trading skills. This is a half truth. There are entities established and functioning under strict scrutiny of Romanian National Securities Commission (RNSC, in compliance with Capital Market Law and regulations. There are also the investors, in many cases individuals involved in shares/financial instruments trade. In both cases disputes can rise. Disputes are inevitable a part of human interaction, hence the need for dispute resolution. First option is the judicial court system. Alternative dispute resolution comprises arbitration and mediation. Arbitration is an alternative choice to provide simpler, speedier and more accessible justice than ordinary courts as well as expertise in matters that are technical in nature and require special knowledge to adjudicate upon. Capital Market environment provides an institutional arbitration court for all participants, including investors. In many cases the agreement executed between participants under RNSC scrutiny The other option for settling disputes outside the court is mediation. Mediation can provide a much cheaper and quick extrajudicial resolution of disputes in commercial matters without time consuming procedures and rigid rules. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to foster the commercial relationship between the parties. The interaction between investors and brokerage houses is based on investment services agreement concluded by parties. This is the usual framework for disputes between parties and the usual “landscape” for mediation on capital market.

  8. The role of mediation in resolving contract disputes

    OpenAIRE

    Christian, Michael C

    1997-01-01

    Approved for public release; distribution is unlimited Mediation has emerged as a preferred ADR method among commercial organizations involved in contract disputes. However, its use by the Navy has been rare. Mediation has shown to provide benefits to its commercial users such as: improved business relations, time and cost savings, flexibility and adaptability and superior control over outcomes. This thesis provides information on mediation and examines the differences and similarities bet...

  9. Sarbanes-Oxley Act and Acquisition Trends: Information Technology Managers' Perceptions of the Impact on Information Technology Outsourcing

    Science.gov (United States)

    Bui-Le, Linda Thanhthuy

    2010-01-01

    This research study provides a platform for extending the body of knowledge associated with the sourcing of Information Technology (IT) in the legal environment determined by the Sarbanes-Oxley Act. This analysis of IT sourcing was conducted via consideration of legal and situational factors which may influence an IT manager's decision to…

  10. 20 CFR 667.840 - Is there an alternative dispute resolution process that may be used in place of an OALJ hearing?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.840 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint which...

  11. 76 FR 55217 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-09-07

    ... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Amdt. No. 17-1] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early...

  12. 48 CFR 33.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.214 Alternative dispute resolution (ADR). (a) The objective of using ADR procedures is to increase the opportunity for...

  13. 48 CFR 6101.54 - Alternative dispute resolution [Rule 54].

    Science.gov (United States)

    2010-10-01

    ... CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.54 Alternative dispute resolution [Rule 54]. (a) Availability of alternative dispute resolution (ADR) procedures at the Board. The... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  14. Emotion and ideology in the nuclear dispute

    International Nuclear Information System (INIS)

    Hillerbrand, M.

    1982-01-01

    The author attempts to examine the dispute over nuclear energy, not from an isolated viewpoint but from more generous perspectives. He provides parallels to economic theories and above all analyses the social political aspects. Here he reveals that behind the passionate confrontation are not scientific, objective criteria but highly subjective emotions based on everyday experiences. In conclusion the author shows that the nuclear energy dispute is part of a fundamental discussion on the industrial performance society. (orig./HP) [de

  15. SETTLEMENT OF BANKING DISPUTE IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Denico Doly

    2014-03-01

    Full Text Available This article talks about dispute between costumer and the bank. Settlement of disputes should be resolved by the principle of fast, accurate and cheap. Issues raised in this paper is how an ideal dispute resolution process to resolve dispute banking. This paper describes the advantages and disadvantages in any dispute resolution process both through litigation and non litigation. Based in the principles of fast, accurate and cheap it is explained that banks in Indonesia must resolve their disputes through non litigation or ADR. Tulisan ini membicarakan mengenai penyelesaian sengketa antara nasabah dengan bank. Penyelesaian sengketa harusnya diselesaikan dengan prinsip cepat, tepat dan murah. Permasalahan yang diangkat dalam tulisan ini yaitu bagaimana proses penyelesaian sengketa yang ideal dalam menyelesaikan sengketa perbankan. Tulisan ini menggambarkan mengenai kelebihan dan kekurangan dalam setiap proses penyelesaian sengketa baik melalui jalur litigasi maupun non litigasi. Berdasarkan prinsip cepat, tepat dan murah maka dipaparkan bahwa perbankan di Indonesia harus menyelesaikan sengketanya melalui jalur non litigasi atau ADR.

  16. Information Security: Comments on the Proposed Federal Information Security Management Act of 2002

    National Research Council Canada - National Science Library

    Dacey, Robert

    2002-01-01

    ... 2001.1 Concerned with reports that continuing, pervasive information security weaknesses place federal operations at significant risk of disruption, tampering, fraud, and inappropriate disclosures...

  17. 77 FR 62469 - Defense Logistics Agency Freedom of Information Act Program

    Science.gov (United States)

    2012-10-15

    ... DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 300 Defense Logistics Agency 32 CFR Part 1285 RIN 0790-AI87 [Docket ID: DOD-2012-OS-0019] Defense Logistics Agency Freedom of Information Act Program AGENCY: Defense Logistics Agency, DoD. ACTION: Proposed rule. SUMMARY: The Defense Logistics...

  18. 75 FR 71724 - Real Estate Settlement Procedures Act (RESPA): Solicitation of Information on Changes in...

    Science.gov (United States)

    2010-11-24

    ... credit approval decision with respect to each mortgage loan application? What level of scrutiny do... Procedures Act (RESPA): Solicitation of Information on Changes in Warehouse Lending and Other Loan Funding... guidance under RESPA to address possible changes in warehouse lending and other financing mechanisms used...

  19. NOAA Freedom of Information Act (FOIA) Corporate Services, Staff and Line

    Science.gov (United States)

    Financial Officer (CFO) 301-444-2132 Jerry McNamara FOIA Liaison Office of the Chief Information Officer Office of the Chief Administrative Officer (OCAO) 301-713-0850 x195 Sharon Daniels FOIA Liaison Chief ; tITLE Line/Staff Office Phone Number Wendy Schumacher FOIA and Privacy Act Officer NOAA Corporate

  20. 75 FR 12496 - Proposed Information Collection; Comment Request; DOC National Environmental Policy Act...

    Science.gov (United States)

    2010-03-16

    ...; DOC National Environmental Policy Act Environmental Questionnaire and Checklist AGENCY: Office of the...., Washington, DC 20230 (or via the Internet at [email protected]doc.gov ). FOR FURTHER INFORMATION CONTACT: Requests for... Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at [email protected]doc.gov ). SUPPLEMENTARY...

  1. 77 FR 60962 - Clean Water Act; Contractor Access to Confidential Business Information

    Science.gov (United States)

    2012-10-05

    ... ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 2 [FRL-9733-8] Clean Water Act; Contractor Access to... transfer of confidential business information to contractor, subcontractors, and consultants. SUMMARY: The... certain industries. We have determined that the contractors listed below require access [[Page 60963

  2. 75 FR 60452 - Clean Water Act; Contractor Access to Confidential Business Information

    Science.gov (United States)

    2010-09-30

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9208-9] Clean Water Act; Contractor Access to Confidential... electric industry to a new subcontractor of a contractor, Eastern Research Group (ERG). EPA previously... contractors and subcontractors to access information necessary to support EPA in the planning, development...

  3. Notification: FY2017 Audit of the CSB's compliance with the Federal Information Security Management Act (FISMA)

    Science.gov (United States)

    Project #, May 23, 2017. The EPA OIG plans to begin fieldwork for an audit of the U.S. Chemical Safety and Hazard Investigation Board’s (CSB’s) compliance with the Federal Information Security Modernization Act of 2014 (FISMA).

  4. 77 FR 76064 - Notice of Proposed Information Collection for Public Comment; Public Housing Reform Act: Changes...

    Science.gov (United States)

    2012-12-26

    ... through the Freedom of Information Act. Written documentation of policies relating to public housing and... . Persons with hearing or speech impairments may access this number through TTY by calling the toll-free... is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY...

  5. Gender Gaps in High School GPA and ACT Scores: High School Grade Point Average and ACT Test Score by Subject and Gender. Information Brief 2014-12

    Science.gov (United States)

    ACT, Inc., 2014

    2014-01-01

    Female students who graduated from high school in 2013 averaged higher grades than their male counterparts in all subjects, but male graduates earned higher scores on the math and science sections of the ACT. This information brief looks at high school grade point average and ACT test score by subject and gender

  6. 25 CFR 900.216 - What other statutes and regulations apply to contract disputes?

    Science.gov (United States)

    2010-04-01

    ... HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Post-Award Contract Disputes § 900.216 What other statutes and regulations apply to... 25 Indians 2 2010-04-01 2010-04-01 false What other statutes and regulations apply to contract...

  7. 75 FR 50033 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Production and...

    Science.gov (United States)

    2010-08-16

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute... Organization (``WTO Agreement'') regarding a provision of the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-31). That request may be found at http://www.wto.org in a document designated as WT/DS406...

  8. Mediation and Other Alternative Dispute Resolution Procedures in Special Education. Final Report.

    Science.gov (United States)

    Schrag, Judy A.

    This report discusses the use of mediation and alternative dispute resolution approaches in special education disagreements between the school and the parents of a child with a disability. The procedural safeguards and due process provisions of the Individuals with Disabilities Education Act (IDEA) are explained. The report notes alternative…

  9. Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; other modifications to the HIPAA rules.

    Science.gov (United States)

    2013-01-25

    The Department of Health and Human Services (HHS or ``the Department'') is issuing this final rule to: Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Enforcement Rules to implement statutory amendments under the Health Information Technology for Economic and Clinical Health Act (``the HITECH Act'' or ``the Act'') to strengthen the privacy and security protection for individuals' health information; modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comment received on the interim final rule; modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA); and make certain other modifications to the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (the HIPAA Rules) to improve their workability and effectiveness and to increase flexibility for and decrease burden on the regulated entities.

  10. 48 CFR 1552.235-75 - Access to Toxic Substances Control Act Confidential Business Information (APR 1996).

    Science.gov (United States)

    2010-10-01

    ... Control Act Confidential Business Information (APR 1996). 1552.235-75 Section 1552.235-75 Federal... Confidential Business Information (APR 1996). As prescribed in 1535.007(b), insert the following provision: Access to Toxic Substances Control Act Confidential Business Information (APR 1996) In order to perform...

  11. Information Technology Act 2000 in India - Authentication of E-Documents

    Directory of Open Access Journals (Sweden)

    R. G. Pawar

    2007-06-01

    Full Text Available The Information Technology Act 2000 has enacted in India on 9th June 2000. This Act has mentioned provision of authentication of electronic document. It is the need of hour at that time that such provision is needed in the Indian Law system, especially for electronic commerce and electronic governance. Electronic commerce”, which involve the use of alternatives to paper based methods of communication and storage information. To do electronic commerce there should be authentication of particular document. The working of internet is the documents are traveling in terms of bits from one destination to other destination, through various media like – Co-axial cable, fiber optic, satellite etc. While traveling this document there is probability of making changes in that document by any third party is high or some document may get changed due to noise/disturbance in communication media. This Act required to provide legal recognition carried out by means of electronic data interchange and other means of electronic communication.In this paper researchers studied technological aspects of Information Technology Act 2000 like hash function, encryption, decryption, public key, private key etc. and its process. This paper gives details about certifying authority in detail. There should be some mechanism that will take care of document, that what ever the document is received should be the authentic one and it would not get changed in any manner due to any cause.

  12. MULTIMODAL CONSTRUCTION OF CHILDREN'S ARGUMENTS IN DISPUTES DURING PLAY

    Directory of Open Access Journals (Sweden)

    Rosemberg, Celia Renata

    2013-09-01

    Full Text Available Within the framework of a sociocultural theory of human development and learning (Vigotsky, 2009; Bruner, 1986; Nelson, 1996; Tomasello, 1998, 2003, this paper aims to investigate the multimodal construction of arguments produced by 5 year-old children during disputes in a kindergarten play situation. We considered the juxtaposition of information provided by resources from different semiotic fields (Goodwin, 2000, 2007. The corpus consists of the interactions in a group of children while they play with building blocks. This play situation was videotaped in a kindergarten classroom that is attended by an urban marginalized population of outer Buenos Aires, Argentina. The analysis makes use of the qualitative logic derived from the methodological tools of Conversation Analysis developed in previous research (Goodwin, 2000, 2007; Goodwin and Goodwin, 1990, 2000; Goodwin, Goodwin and Yaeger-Dror, 2002. The results show the different semiotic fields that overlap with the linguistic expression of the arguments or points of view that children maintain while quarrelling during play situations. This demonstrates the importance of attending to intonation, the use of space, the direction of gaze, gestures, and body positioning as they are components that contribute to the argumentative force of the utterances in disputes. These elements emerge as indicators of the emotions that parties experience in disputes which can not be disregarded when attempting to account for how argumentation occurs in real situations of interaction. This paper is written in Spanish.

  13. U.S.-India safeguards dispute

    International Nuclear Information System (INIS)

    Sweet, W.

    1978-01-01

    The current U.S.-India dispute over nuclear safeguards is likely to be the single most important test of the Carter administration's anti-proliferation policies. The Carter administration wants India to accept comprehensive safeguards that would bar further production of nuclear explosives. The Desai government wants to maintain unsafeguarded facilities, in effect keeping the weapons option open. It has been a basic tenet of Indian nuclear policy since the mid-1950s that the big powers must disarm if the small powers are to renounce acquisition of nuclear weapons. As a matter of practical policy, India is willing to forego a nuclear deterrent only if sustained world pressure keeps China's nuclear aspirations in check. As a matter of basic principle, India regards it as unfair and imperialistic that the heavily armed big powers ask for special assurances from the lightly armed small powers. India takes the position that it will cooperate with the United States only voluntarily and only if the nuclear weapon states or at least the superpowers start to clean up their own act. The superpowers must (1) negotiate a comprehensive test ban treaty; (2) accept full-scope safeguards themselves, which would be tantamount to a ban on any further production of weapons-grade materials; and (3) make significant moves toward total nuclear disarmament. The dependence of India on the United States for nuclear supplies is almost negligible. India's major nuclear facilities in operation or under construction include five research reactors, seven power reactors and three reprocessing facilities. Of these 15 facilities, the United States supplied only one (the Tarapur reactor) and 12 of them are not under IAEA safeguards. The United States, in short, is threatening to terminate supplies of low-enriched uranium for just one reactor unless India places these 12 facilities under IAEA safeguards

  14. ORGANIZATIONAL METHODS OF SEMINAR-DISPUTE ON ECONOMICS SPECIALTIES

    Directory of Open Access Journals (Sweden)

    Tatiana ANDREEVA

    2015-12-01

    Full Text Available Actuality. The topic of teaching economic disciplines has always been relevant and useful. The article considers the technique of organization and of the seminar-dispute on economic subjects. In this paper there are also identified criteria for evaluating the participants of the seminar-dispute. Methods of teaching economic disciplines in higher education are held by holding lectures and seminars. The seminar provides an opportunity to determine the degree of independence and responsibility, to rise creativity in every student. The purpose is to disclose the main objectives of the seminar-dispute, which as a result of the preliminary work on the program material, the teacher and students are in a situation of direct active communication during performance of students on topics arising between discussion and generalizations by teacher, bu solving the problem of cognitive, developmental and educational character that imparted methodological and practical skills to students. Methods. Logical and descriptive, monographic, analysis and synthesis. Results. It should be concluded that in preparation for the seminar, students acquire the skills to work with the book, read the analysis, selection of the main and necessary speeches for the report, , and systematizing the selected materials. Students learn to clearly express their thoughts, work out the ability to speak without papers to prove their beliefs, to establish contact with the audience, etc. Accordingly, it is best to choose the topics of the seminar where the student must not only learn certain information, but also find a solution. One of the most popular forms of classes in the framework of methodological approaches to the teaching of economic disciplines is a seminar-dispute.

  15. The uses of alternative dispute resolution to resolve genetic disputes. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Stein, Robert E.

    2003-01-01

    The report sets out lessons learned while carrying out the study. It concludes that genetic disputes will increase in number and that ADR processes including mediation, arbitration, the use of independent experts and court-appointed masters can be helpful in resolving them. It suggests additional effort on bioremediation, and workplace disputes and training for ADR neutrals.

  16. Indonesia in the South China Sea Dispute: Humble-Hard Power

    OpenAIRE

    Robertua, Verdinand; Sinaga, Obsatar

    2018-01-01

    This research discussed the opportunities for Indonesia to act as humble-hard power in South China Sea dispute. Permanent Court of Arbitration’s decision in July 2016 to give South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on how to understand the conception of humble-hard power and the possibility for Indonesia to be humble-hard power in the South China Sea dispute? This article borrowed the concept of humble-hard power from Adam Nieves ...

  17. ALTERNATIVE DISPUTE RESOLUTION IN BANYUMAS REGENCY: IN THE PERSPECTIVE OF CULTURAL STUDIES

    Directory of Open Access Journals (Sweden)

    Singkir Hudijono

    2012-11-01

    Full Text Available This study discusses about an Alternative Dispute Resolution in BanyumasRegency as a non-litigation dispute resolution. The problem observed was a breakthroughtaken by the Society in Banyumas Regency in overcoming the so far deadlock of lawenforcement and the attitude of not trusting the justice enforcement. It has been a publicsecret that the dispute resolutions employing the legal centralism paradigm have beendominated by the judicial network. This has caused the acknowledgement of the state lawto decrease, being a commodity that can be traded. The research aims at finding out anddescribing how the alternative dispute resolution (ADR emerges as an alternativemechanism in deconstructing the legal centralism; interpreting and describing what ismeant by the alternative dispute resolution (ADR in the development of progressive law.This research was conducted employing qualitative method. In this context, theresearcher explored various pieces of related information with the reason that the societyin Banyumas Regency has chosen the alternative dispute resolution mechanism as themechanism in deconstructing the legal centralism. The research was conducted asfollows: the problems were identified, the theories for analyzing the data were selected,the primary and secondary data were collected, the collected data were analyzed andinterpreted, and finally, the results of the research were written and constructed. Thetheories employed were critical legal studies, deconstruction, and large narration criticismtheories.The results of the research show that: firstly, the alternative dispute resolution hasemerged because of the awakened local knowledge, as the form of anticipation to theineffective formal law domination. With regard to the effect of global intercourse, thealternative dispute resolution has emerged because of the refusal against the culturalhomogeneity. Secondly, the implementation of the alternative dispute resolution hasbecome the preferred

  18. Privacy Act

    Science.gov (United States)

    Learn about the Privacy Act of 1974, the Electronic Government Act of 2002, the Federal Information Security Management Act, and other information about the Environmental Protection Agency maintains its records.

  19. Industrial Disputes in the Construction Sector

    Directory of Open Access Journals (Sweden)

    L.J Perry

    2012-11-01

    Full Text Available The Cole Royal Commission enquiry into the building and construction (abbreviated to ‘construction’ sector recommended controversial workplace-relation reforms for that sector. The recommended changes are likely to be enshrined in legislation within the year. The Commission drew on analyses of industrial disputes that focused, in the main, on quite recent experience. This paper attempts to give a broader historical perspective on disputes in that sector by considering the pattern of disputes for the entire post-World War II period. Accordingly, data on disputes and employees during the entire period are gathered from Australian Bureau of Statistics current and archived sources. These data are classified according to sector (construction versus non-construction and analysed. It is found that the strike rate has, on average, been greater in the construction sector than in the non-construction sector. However, there have been periods during which disputes in the construction sector have been relatively low. The most recent period was during the period of the Accord (1983-96, during which the strike rate in the construction sector fell relatively strongly. The analysis of this relatively broad historical period draws attention, among other things, to the possibility that the sort of strategies employed during the Accord years – strategies of cooperation and consensus building – may provide a more effective means of bringing industrial peace to the workplace relations scene of the construction sector than policies that are relatively confrontational.

  20. 25 CFR 1000.429 - What statutes and regulations govern resolution of disputes concerning signed AFAs or compacts...

    Science.gov (United States)

    2010-04-01

    ... UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Appeals § 1000.429 What statutes and regulations govern resolution of disputes concerning signed AFAs or... 25 Indians 2 2010-04-01 2010-04-01 false What statutes and regulations govern resolution of...

  1. 48 CFR 33.205 - Relationship of the Act to Pub. L. 85-804.

    Science.gov (United States)

    2010-10-01

    ... relief under the law of Federal contracts. Due to the complex legal issues likely to be associated with... submitted to the contracting officer for consideration under the Contract Disputes Act of 1978 because the... REGULATION GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.205...

  2. Collective Labor Disputes and Strikes in Russia: The Impact of Judicial Precedents and Enforcement

    Directory of Open Access Journals (Sweden)

    Elena Gerasimova

    2017-01-01

    Full Text Available The right to strike is recognized in the Constitution and the Labor Code of the Russian Federation as a means to resolve collective labor disputes. However, in Russia labor protests come up for discussion much more frequently than strikes. In recent years the number of labor protests in Russia, including various forms of work stoppage, has increased significantly compared to previous years, but the number of legally constituted collective labor disputes and strikes has remained very low. The legislation on resolution of collective labor disputes and mounting strikes is quite restrictive in Russia, and its enforcement also encourages employees to seek alternative ways to settle collective labor conflicts. There is little empirical research on the judicial implementation of these norms and its influence on the enforcement of legislation. Therefore, this paper analyses the reasoning of courts in cases on the legality of strikes, their interpretations of the law, and the impact these decisions have on the enforcement of the legislation on resolution of collective labor disputes and strikes. Our conclusion is that the courts act as another restrictive influence on the resolution of collective labor disputes and the exercise of the right to strike in Russia.

  3. Selfish third parties act as peacemakers by transforming conflicts and promoting cooperation.

    Science.gov (United States)

    Halevy, Nir; Halali, Eliran

    2015-06-02

    The tremendous costs of conflict have made humans resourceful not only at warfare but also at peacemaking. Although third parties have acted as peacemakers since the dawn of history, little is known about voluntary, informal third-party intervention in conflict. Here we introduce the Peacemaker Game, a novel experimental paradigm, to model and study the interdependence between disputants and third parties in conflict. In the game, two disputants choose whether to cooperate or compete and a third party chooses whether or not to intervene in the conflict. Intervention introduces side payments that transform the game disputants are playing; it also introduces risk for the third party by making it vulnerable to disputants' choices. Six experiments revealed three robust effects: (i) The mere possibility of third-party intervention significantly increases cooperation in interpersonal and intergroup conflicts; (ii) reducing the risk to third parties dramatically increases intervention rates, to everyone's benefit; and (iii) disputants' cooperation rates are consistently higher than third parties' intervention rates. These findings explain why, how, and when self-interested third parties facilitate peaceful conflict resolution.

  4. Oregon's Death With Dignity Act: 20 Years of Experience to Inform the Debate.

    Science.gov (United States)

    Hedberg, Katrina; New, Craig

    2017-10-17

    Twenty years ago, Oregon voters approved the Death With Dignity Act, making Oregon the first state in the United States to allow physicians to prescribe medications to be self-administered by terminally ill patients to hasten their death. This report summarizes the experience in Oregon, including the numbers and types of participating patients and providers. These data should inform the ongoing policy debate as additional jurisdictions consider such legislation.

  5. From Conciliation to Mediation in Family Disputes-Harmonization of Croatian Family Legislation on Peaceful Resolution of Family Disputes with EU law

    Directory of Open Access Journals (Sweden)

    Paula Poretti

    2015-01-01

    Full Text Available The reform process of family law was initiated with one aim to promote protection of family and children and harmonize Croatian law with European and international standards in this field. In this respect, the intervention institute governed by Croatian family law with the purpose to facilitate reconciliation or in cases where reconciliation between spouses is not achieved, to provide information regarding legal consequences of divorce and possibly to achieve agreement between spouses as for their relationship in future was deemed inadequate in regards to the approach provided by European documents on regulation of peaceful resolution of family disputes. Under the influence thereof, new family legislation redefines intervention and introduces mandatory counselling and family mediation as foundations of the system of alternative dispute resolution of all family disputes in Croatian law.

  6. Quebec-Vermont dispute may upset export plans

    International Nuclear Information System (INIS)

    McArthur, D.; Salaff, S.

    1999-01-01

    A major trade dispute between Hydro-Quebec and a group of Vermont utilities arising out of Hydro-Quebec's inability to live up to its contractual obligations to supply electricity to the Vermont group during the January 1998 ice storm is discussed. The Vermont Group initiated legal action against Hydro-Quebec, claiming refund of $ 27 million and termination of the contract . The Vermont utilities claim that the storm has revealed the weakness of the design, construction, operation and maintenance of Hydro-Quebec's transmission system. In its defence, Hydro-Quebec asserts that its transmission system meets industry standards, considers the storm 'an act of God' and invoked 'force majeure' when it ceased supplying power to Vermont last year. Hydro-Quebec further alleges that the Vermont utilities are using the storm as a pretext to end or renegotiate the contract. Hydro-Quebec asked the Canadian government to intervene under NAFTA, alleging trade harassment by the Vermont Public Service Commission (VPSC) when it restricted Vermont utility rate increases. In a countermove, Vermont U.S. Senator Jim Jeffords threatened future power exports by Canada to the U.S. for pursuing a NAFTA complaint, thereby hoping to influence negotiations between Hydro-Quebec and the Vermont utilities. The latest development in this dispute, which potentially threatens the development of 4000 MW of new hydroelectric development at Churchill Falls, Labrador, is that the dispute may now be settled with an auctioning of the contract. If the U.S. were to block the import of new power from Churchill Falls, the project could be jeopardized. However, the contract auction may well avoid such major international ramifications and a full-fledged trade war between Canada and the United States

  7. 77 FR 66823 - Freedom of Information Act Request for Papers Submitted to DARPA for the 2011 100 Year Starship...

    Science.gov (United States)

    2012-11-07

    ... DEPARTMENT OF DEFENSE Office of the Secretary Freedom of Information Act Request for Papers... by DARPA under the Freedom of Information Act. DATES: All written correspondence must be received by DARPA by close of business December 7, 2012. ADDRESSES: Send written comments concerning this Freedom of...

  8. 48 CFR 1552.235-78 - Data Security for Toxic Substances Control Act Confidential Business Information (DEC 1997).

    Science.gov (United States)

    2010-10-01

    ...: Data Security for Toxic Substances Control Act Confidential Business Information (DEC 1997) The... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Data Security for Toxic Substances Control Act Confidential Business Information (DEC 1997). 1552.235-78 Section 1552.235-78 Federal...

  9. 40 CFR 2.308 - Special rules governing certain information obtained under the Federal Food, Drug and Cosmetic Act.

    Science.gov (United States)

    2010-07-01

    ... information obtained under the Federal Food, Drug and Cosmetic Act. 2.308 Section 2.308 Protection of... § 2.308 Special rules governing certain information obtained under the Federal Food, Drug and Cosmetic... Cosmetic Act, as amended, 21 U.S.C. 301 et seq. (2) Petition means a petition for the issuance of a...

  10. 30 CFR 250.260 - What Coastal Zone Management Act (CZMA) information must accompany the DPP or DOCD?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false What Coastal Zone Management Act (CZMA) information must accompany the DPP or DOCD? 250.260 Section 250.260 Mineral Resources MINERALS MANAGEMENT... Operations Coordination Documents (docd) § 250.260 What Coastal Zone Management Act (CZMA) information must...

  11. Early and parallel processing of pragmatic and semantic information in speech acts: neurophysiological evidence

    Directory of Open Access Journals (Sweden)

    Natalia eEgorova

    2013-03-01

    Full Text Available Although language is a tool for communication, most research in the neuroscience of language has focused on studying words and sentences, while little is known about the brain mechanisms of speech acts, or communicative functions, for which words and sentences are used as tools. Here the neural processing of two types of speech acts, Naming and Requesting, was addressed using the time-resolved event-related potential (ERP technique. The brain responses for Naming and Request diverged as early as ~120 ms after the onset of the critical words, at the same time as, or even before, the earliest brain manifestations of semantic word properties could be detected. Request-evoked potentials were generally larger in amplitude than those for Naming. The use of identical words in closely matched settings for both speech acts rules out explanation of the difference in terms of phonological, lexical, semantic properties or word expectancy. The cortical sources underlying the ERP enhancement for Requests were found in the fronto-central cortex, consistent with the activation of action knowledge, as well as in right temporo-parietal junction, possibly reflecting additional implications of speech acts for social interaction and theory of mind. These results provide the first evidence for surprisingly early access to pragmatic and social interactive knowledge, which possibly occurs in parallel with other types of linguistic processing, and thus supports the near-simultaneous access to different subtypes of psycholinguistic information.

  12. The Anglo-Iranian oil dispute

    International Nuclear Information System (INIS)

    Ferrier, R.W.

    1988-01-01

    This paper traces the history of the Anglo-Iranian oil dispute. It is short-sighted to consider the Anglo-Iranian oil dispute just as a contest between Musaddiq and the AIOC: it is of wider and greater significance. The dispute illustrates a transitional phase in the difficult process of the adjustment of relations between industrialized and less developed societies for the exploitation of raw materials. Oil was already becoming a political and economic factor at the end of the Qajar period and became important during the reign of Riza Shah with his emphasis on a national program of modernization. After more attention had been focused on it during the second world war it was inevitable that it would increase in influence. The issues of the oil dispute referred back to the concessional controversies of the late nineteenth century in tobacco, mining, communications, utilities, banking even gambling, with their political and social implications; and they referred forward to the issues of the sovereignty of national resources, the transfer of technology and economic growth in relation to the standard of living. These are aspects of the North-South debate, which have yet to be satisfactorily resolved

  13. Judicial aspects of emission trade. Disputes

    International Nuclear Information System (INIS)

    Bitter, J.W.

    2004-01-01

    Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In this last part attention will be paid to settlement of disputes in emissions trade [nl

  14. 22 CFR 192.33 - Dispute.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Dispute. 192.33 Section 192.33 Foreign Relations DEPARTMENT OF STATE HOSTAGE RELIEF VICTIMS OF TERRORISM COMPENSATION Medical Benefits for Captive... Director, Department of State, for a determination. If the person bringing the claim is not satisfied with...

  15. Contested hydrosocial territories and disputed water governance

    NARCIS (Netherlands)

    Hommes, Lena; Boelens, Rutgerd; Maat, Harro

    2016-01-01

    Dam development in southeastern Turkey is a highly-disputed issue, fanned by the Turkish-Kurdish conflict, socio-environmental and historical-cultural concerns, and international geopolitical interests. This paper focuses on discussions around the Ilisu Dam and shows how different actor

  16. Disputes and conflicts over water in Africa

    CSIR Research Space (South Africa)

    Ashton, PJ

    2007-01-01

    Full Text Available for water across the African continent, this paper briefly discusses the types of situations where disputes or conflicts have occurred over access to water. Specific consideration is given to the need for African countries to develop new collaborative...

  17. 44 CFR 327.4 - Disputes.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Disputes. 327.4 Section 327.4 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) § 327.4...

  18. Phenomenological futures in dispute: Emmanuel Levinas, Jacques ...

    African Journals Online (AJOL)

    In an inconclusive summary, the paper returns to the point of departure, the first version of a relation of non-relation, in a disputed connection to be set out between philosophy, a politics of exclusion, and psychoanalytical accounts of political investment. The paper seeks to locate a relation of non-relation, both in the failed ...

  19. Briefing : the Eritrean-Ethiopian border dispute

    NARCIS (Netherlands)

    Abbink, G.J.

    1998-01-01

    On 6 May 1998, a violent conflict erupted in the Ethiopian-Eritrean border area. This article contends that this border crisis is neither unexpected nor the result of a real border dispute. Rather, it is due to three factors: the particular history and relationship of the two insurgent movements

  20. 10 CFR 904.13 - Disputes.

    Science.gov (United States)

    2010-01-01

    ... disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of... Federal court of competent jurisdiction within one (1) year after final refusal by the Administrator to... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall...

  1. 43 CFR 431.8 - Disputes.

    Science.gov (United States)

    2010-10-01

    ... decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any... such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration...

  2. Alternative Means of Family Dispute Resolution.

    Science.gov (United States)

    Davidson, Howard, Ed.; And Others

    Twenty-eight articles focusing on non-adversarial approaches to resolving family disputes without formal court procedures are collected in this manual. The 16 articles in the first chapter discuss aspects of divorce mediation. These are followed by six papers in the second chapter on the mediation of family conflicts involving domestic violence…

  3. Literacy, Numeracy and Alternative Dispute Resolution

    Science.gov (United States)

    Cumming, J. Joy; Wilson, Janice M.

    2005-01-01

    The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal…

  4. Futility Disputes: A Review of the Literature and Proposed Model for Dispute Navigation Through Trust Building.

    Science.gov (United States)

    Leland, Brian D; Torke, Alexia M; Wocial, Lucia D; Helft, Paul R

    2017-10-01

    Futility disputes in the intensive care unit setting have received significant attention in the literature over the past several years. Although the idea of improving communication in an attempt to resolve these challenging situations has been regularly discussed, the concept and role of trust building as the means by which communication improves and disputes are best navigated is largely absent. We take this opportunity to review the current literature on futility disputes and argue the important role of broken trust in these encounters, highlighting current evidence establishing the necessity and utility of trust in both medical decision-making and effective communication. Finally, we propose a futility dispute navigation model built upon improved communication through trust building.

  5. 29 CFR 5.11 - Disputes concerning payment of wages.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Disputes concerning payment of wages. 5.11 Section 5.11... Provisions and Procedures § 5.11 Disputes concerning payment of wages. (a) This section sets forth the procedure for resolution of disputes of fact or law concerning payment of prevailing wage rates, overtime...

  6. 13 CFR 130.630 - Dispute resolution procedures.

    Science.gov (United States)

    2010-01-01

    ... organization has supplied the Committee with all requested documentation. (b) Programmatic (non-financial... DEVELOPMENT CENTERS § 130.630 Dispute resolution procedures. (a) Financial Disputes. (1) A recipient organization wishing to resolve a financial Dispute formally must submit a written statement describing the...

  7. 76 FR 2035 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-01-12

    ... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Notice No. 10-18] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... brought against the FAA and contract disputes brought against or by the FAA. It would also add a voluntary...

  8. The South China Sea Dispute: Perspective of International Law

    OpenAIRE

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

  9. 47 CFR 1.18 - Administrative Dispute Resolution.

    Science.gov (United States)

    2010-10-01

    ... adopted an initial policy statement that supports and encourages the use of alternative dispute resolution... policy to encourage the fullest possible use of alternative dispute resolution procedures in its... provisions dealing with confidentiality, shall also be applied in Commission alternative dispute resolution...

  10. 13 CFR 134.216 - Alternative dispute resolution procedures.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Alternative dispute resolution....216 Alternative dispute resolution procedures. At any time during the pendency of a case, the parties may submit a joint motion requesting that the Judge permit the use of alternative dispute resolution...

  11. 28 CFR 35.176 - Alternative means of dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES Compliance Procedures § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute...

  12. 5 CFR 9701.705 - Alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative dispute resolution. 9701.705... HUMAN RESOURCES MANAGEMENT SYSTEM Appeals § 9701.705 Alternative dispute resolution. The Department and OPM recognize the value of using alternative dispute resolution methods such as mediation, an...

  13. Dispute Resolution in Special Education: An Introduction to Litigation Alternatives.

    Science.gov (United States)

    Goldberg, Steven S.; Huefner, Dixie Snow

    1995-01-01

    Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need for mediation or adversarial processes.…

  14. 48 CFR 5433.214. - Alternative Dispute Resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative Dispute Resolution (ADR). 5433.214. Section 5433.214. Federal Acquisition Regulations System DEFENSE LOGISTICS AGENCY, DEPARTMENT OF DEFENSE PROTESTS, DISPUTES AND APPEALS 5433.214. Alternative Dispute Resolution (ADR). The...

  15. 24 CFR 7.5 - EEO Alternative Dispute Resolution Program.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution... Provisions § 7.5 EEO Alternative Dispute Resolution Program. In accordance with the Secretary's Policy Statement regarding Alternative Dispute Resolution (ADR) located on the Department's website and 29 CFR 1614...

  16. 29 CFR 1603.108 - Settlement and alternative dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Settlement and alternative dispute resolution. 1603.108... Settlement and alternative dispute resolution. (a) The parties are at all times free to settle all or part of... a neutral mediator or to any other alternative dispute resolution process authorized by the...

  17. 24 CFR 7.26 - EEO Alternative Dispute Resolution Program.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution...-Complaint Processing § 7.26 EEO Alternative Dispute Resolution Program. (a) The aggrieved person may elect... chosen, the EEO Counselor shall advise the aggrieved person that if the dispute is resolved during the...

  18. 20 CFR 627.805 - Alternative dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Alternative dispute resolution. 627.805... Law Judges § 627.805 Alternative dispute resolution. (a) Parties to a complaint under § 627.801 of... administrative hearing before the OALJ by choosing to transfer the settlement of their dispute to an individual...

  19. 48 CFR 833.214 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-10-01

    ... Alternative dispute resolution (ADR). Contracting officers and contractors are encouraged to use alternative dispute resolution (ADR) procedures. CBCA guidance on ADR may be obtained at http://www.cbca.gsa.gov. ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute...

  20. 28 CFR 36.506 - Alternative means of dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding...

  1. 4 CFR 22.24 - Alternative Dispute Resolution [Rule 24].

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution [Rule 24]. 22.24 Section... GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD § 22.24 Alternative Dispute Resolution [Rule 24]. (a) Docketed appeals. The Board considers Alternative Dispute Resolution (ADR) to be an efficient way to timely...

  2. EPA Alternative Dispute Resolution Contacts

    Science.gov (United States)

    The success of EPA's ADR efforts depends on a network of talented and experienced professionals in Headquarters offices and EPA Regions. For Agency-wide ADR information, please contact the Conflict Prevention and Resolution Center.

  3. Niche Overlap and Discrediting Acts: An Empirical Analysis of Informing in Hollywood

    Directory of Open Access Journals (Sweden)

    Giacomo Negro

    2015-06-01

    Full Text Available This article examines informing on others as a discrediting act between individual agents in a labor market. We conduct an empirical analysis of artists called to testify during the 1950s Congressional hearings into Communism in Hollywood, and multi-level regression models reveal that the odds of an artist informing on another increase when their career histories are more similar. The similarity reflects levels of niche overlap in the labor market. The finding that similarity contributes to discredit in the context of resource competition is compatible with a social comparison process, whereby uncertainty about performance leads more similar people to attend to and exclude one another to a greater extent.

  4. A survey of Bureau of Land Management employees on collaboration and alternative dispute resolution

    Science.gov (United States)

    Ruell, Emily W.; Burkardt, Nina; Donovan, Ryan M.

    2015-01-01

    The Bureau of Land Management (BLM) has been actively expanding its capacity to work cooperatively with other agencies, Tribes, the public, and other stakeholders using collaborative and alternative dispute resolution (ADR) approaches. In 1997, the BLM created the BLM’s Collaboration and Alternative Dispute Resolution Program (Collaboration/ADR Program) to centralize, strengthen, and coordinate these efforts. Specifically, the Collaboration/ADR Program is charged with developing ADR policies; ensuring that statutory and regulatory requirements are met; and providing training, resources, and direct support for collaboration and ADR in the BLM. At the request of the Collaboration/ADR Program, the Policy Analysis and Science Assistance Branch of the U.S. Geological Survey, located in the Fort Collins Science Center, conducted an online survey of BLM employees in early 2013 to address four overarching questions: What information sources and assistance resources are BLM employees currently accessing to fill their conflict/dispute resolution and collaboration needs? 

  5. 77 FR 33388 - Notice of Request for Extension of Approval of an Information Collection; Lacey Act Declaration...

    Science.gov (United States)

    2012-06-06

    ... intention to request an extension of approval of an information collection required by the Lacey Act for the... amended, makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate...

  6. Report: Fiscal Year 2011 Federal Information Security Management Act Report Status of EPA’s Computer Security Program

    Science.gov (United States)

    Report #12-P-0062, November 9, 2011. Attached is the Office of Inspector General’s (OIG’s) Fiscal Year 2011 Federal Information Security Management Act (FISMA) Reporting Template, as prescribed by the Office of Management and Budget (OMB).

  7. Notification: Audit of the U.S. EPA's Compliance with the Federal Information Security Management Act (FISMA)

    Science.gov (United States)

    Project #OA-FY13-0280, May 9, 2013. The Office of Inspector General plans to begin fieldwork for an audit of the U.S. Environmental Protection Agency’s compliance with the Federal Information Security Management Act.

  8. Notification: Audit of the U.S. Environmental Protection Agency’s Compliance with the Federal Information Security Management Act

    Science.gov (United States)

    Project #OA-FY14-0135, February 10, 2014. The Office of Inspector General plans to begin fieldwork for an audit of the U.S. Environmental Protection Agency's compliance with the Federal Information Security Management Act (FISMA).

  9. 76 FR 79114 - Privacy Act of 1974: Implementation of Exemptions; DOT/ALL 23-Information Sharing Environment...

    Science.gov (United States)

    2011-12-21

    ...] Privacy Act of 1974: Implementation of Exemptions; DOT/ALL 23-- Information Sharing Environment (ISE... titled, ``DOT/ALL 23--Information Sharing Environment (ISE) Suspicious Activity Reporting (SAR... exempts portions of the ``DOT/ALL 23--Information Sharing Environment (ISE) Suspicious Activity Reporting...

  10. Employers' Statutory Vicarious Liability in Terms of the Protection of Personal Information Act

    Directory of Open Access Journals (Sweden)

    Daleen Millard

    2016-07-01

    Full Text Available A person whose privacy has been infringed upon through the unlawful, culpable processing of his or her personal information can sue the infringer's employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI. Section 99(1 of POPI provides a person (a "data subject" whose privacy has been infringed upon with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for the processing of the personal information of data subjects. Although POPI does not equate a responsible party to an employer, the term "responsible party" is undoubtedly a synonym for "employer" in this context. By holding an employer accountable for its employees' unlawful processing of a data subject's personal information, POPI creates a form of statutory vicarious liability. Since the defences available to an employer at common law and developed by case law differ from the statutory defences available to an employer in terms of POPI, it is necessary to compare the impact this new statute has on employers. From a risk perspective, employers must be aware of the serious implications of POPI. The question that arises is whether the Act perhaps takes matters too far. This article takes a critical look at the statutory defences available to an employer in vindication of a vicarious liability action brought by a data subject in terms of section 99(1 of POPI. It compares the defences found in section 99(2 of POPI and the common-law defences available to an employer fending off a delictual claim founded on the doctrine of vicarious liability. To support the argument that the statutory vicarious liability created by POPI is too harsh, the defences contained in section 99(2 of POPI are further analogised with those available to an employer in terms of section 60(4 of the Employment Equity Act 55 of 1998 (EEA and other

  11. Forms and causes of labor disputes

    Directory of Open Access Journals (Sweden)

    Denada Keçiçi

    2016-07-01

    Full Text Available Labor disputes can be small or large, individual or collective, refer to a particular job or lie in more than one enterprise. The causes of these disputes are numerous and diverse, ranging from a simple appeal of one individual employee for the right of compensation, in a collective complaint of the employees about the unsafe or unhealthy conditions of work, or termination of work by all employees in a workplace, claiming that they are prevented from setting up a union to protect their interests. The product of this process is a binding agreement for its implementation and is the result of ongoing cooperation between employees and employers based on consensual decision. Organizations of employees are important actors of collective conflict resolution procedures of labor relations, and particularly those held in the offices of reconciliation, should revitalize their role.

  12. Countering China’s Maritime Territorial Disputes

    Science.gov (United States)

    2017-03-31

    television, newspaper, and social media campaigns. Media warfare is one of the domains through which China conducts psychological and legal warfare. The...resolve regional economic, social , and cultural issues through intergovernmental cooperation among its members. All of the South China Sea claimants are...influence the Senkaku Island dispute, and in 2012, China restricted produce trade and tourism trade with the Republic of the Philippines in order to

  13. 40 CFR 2.301 - Special rules governing certain information obtained under the Clean Air Act.

    Science.gov (United States)

    2010-07-01

    ... the Act (except a provision of Part II of the Act with respect to a manufacturer of new motor vehicles or new motor vehicle engines); (ii) Provided or obtained under section 208 of the Act, 42 U.S.C. 7542... of papers, books, or documents issued under the authority of section 307(a) of the Act, 42 U.S.C...

  14. Austrägalgerichtsbarkeit – Interstate Dispute Settlement in a Confederate Arrangement, 1815 to 1866

    Directory of Open Access Journals (Sweden)

    Jakob Zollmann

    2016-01-01

    Full Text Available This article analyses the interstate dispute settlement mechanisms between member states of the German Confederation (Deutscher Bund. The question as to how disputes between German sovereigns should be decided already had a long (pre-history dating back to the Middle Ages. Article 11 IV of the German Federal Act (1815 (Bundesakte was the basic norm of the so-called Austrägal jurisdiction enacted to resolve disputes between states of the German Confederation and stipulated the manner in which the dispute was to be brought to ›court‹ (Austrägalinstanz. During the period of the German Confederation, 10 out of 25 German courts of third instance handled altogether 54 Austrägal cases. Whereas Austrägal jurisdiction was no longer present in the German Kaiserreich, Emperor William II and the professor of public law Paul Laband attempted to resurrect the idea, but failed due to the resistance of the other German princes.

  15. International Regulations Dealing with Alternative Dispute Resolution for International Commercial Disputes

    Directory of Open Access Journals (Sweden)

    Angelica Rosu

    2009-06-01

    Full Text Available At present, no generally applied international ADR rules exist. However, manylegislative initiatives registered in time. The United Nations Commission on International TradeLaw adopted, thus, a Model Law on International Commercial Conciliation in 2002. The EuropeanUnion has also been active in the area of ADR presenting in May 2008 a Directive on CertainAspects of Mediation in Civil and Commercial Matters that represents its most important initiativesin this field. There are also various international conventions that deal with dispute resolution suchas the International Convention on the Settlement of Investment Disputes. The many legislativeinitiatives are useful, even necessary.

  16. Litigation and the Timing of Settlement: Evidence from Commercial Disputes

    OpenAIRE

    Peter Grajzl; Katarina Zajc

    2015-01-01

    Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...

  17. DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW

    OpenAIRE

    Priyanka Sakate*, Dr.Arun W. Dhawale

    2017-01-01

    The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized tha...

  18. PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR

    Directory of Open Access Journals (Sweden)

    Joko Nur Sariono

    2006-07-01

    Full Text Available ADR represent alternative of solving of extrajudical done law dispute that is passing process of negonisasi and of mediasi and of abitrase for the process of and negonisasi of mediasi represent process of is solving of dispute compromisely with result of troubleshooting with while abitrasi represent process of solving of dispute by compromise of negonisasi compete which decision have the character of final.

  19. Future Scenarios of the South China Sea Maritime Disputes

    OpenAIRE

    Shee, Poon Kim

    2014-01-01

    The focus of this paper is to analyze three future scenarios in the maritime disputes in the South China Sea. These namely are No War Scenario, Impasse Scenario and Peace Scenario. Ultimately, the way forward towards a viable solution to resolving the South China Sea maritime disputes between China and other claimant states depends on the political wisdom, will and determination of the disputing states. Lofty nationalistic aspirations have to be tempered with a degree of flexibility and pragm...

  20. Dispute Resolution and Technology: Revisiting the Justification of Conflict Management

    OpenAIRE

    Koulu, Riikka

    2016-01-01

    This study, Dispute Resolution and Technology: Revisiting the Justification of Conflict Management, belongs to the fields of procedural law, legal theory and law and technology studies. In this study the changes in dispute resolution caused by technology are evaluated. The overarching research question of this study is how does implementing technology to dispute resolution challenge the justification of law as a legitimised mode of violence? Before answering such an abstract research question...

  1. Family physicians' awareness and knowledge of the Genetic Information Non-Discrimination Act (GINA).

    Science.gov (United States)

    Laedtke, Amanda L; O'Neill, Suzanne M; Rubinstein, Wendy S; Vogel, Kristen J

    2012-04-01

    Historically, physicians have expressed concern about their patients' risk of genetic discrimination, which has acted as a barrier to uptake of genetic services. The Genetic Information Nondiscrimination Act of 2008 (GINA) is intended to protect patients against employer and health insurance discrimination. Physicians' awareness and knowledge of GINA has yet to be evaluated. In 2009, we mailed surveys to 1500 randomly selected members of the American Academy of Family Physicians. Questions measured physicians' current knowledge of GINA and their level of concern for genetic discrimination. In total, 401 physicians completed the survey (response rate 26.9%). Approximately half (54.5%) of physicians had no awareness of GINA. Of physicians who reported basic knowledge of GINA, the majority were aware of the protections offered for group health insurance (92.7%), private health insurance (82.9%), and employment (70.7%). Fewer physicians were aware of GINA's limitations regarding life insurance (53.7%) and long-term care insurance (58.8%). Physicians demonstrated highest levels of concern for health insurance, life insurance, and long-term care insurance discrimination, with less concern for employer and family/social discrimination. Level of concern for the risk of genetic discrimination did not correlate significantly with awareness of GINA. Approximately 17 months after GINA was signed into federal law, physicians' knowledge remained limited regarding the existence of this legislation and relevant details. Physicians who are aware of GINA continue to have significant concerns regarding the risk of genetic discrimination. This study reveals the need to further educate physicians about the existence of GINA and the protections offered.

  2. 14 CFR 17.33 - Election of alternative dispute resolution process.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Election of alternative dispute resolution... TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.33 Election of alternative dispute resolution process. (a) The Office of Dispute Resolution for...

  3. Sociological Perspectives on Sexual Harassment and Workplace Dispute Resolution.

    Science.gov (United States)

    Lach, Denise H.; Gwartney-Gibbs, Patricia A.

    1993-01-01

    Sexual harassment is the most visible example of workplace disputes that systematically disadvantage women. The prevalence of sexual harassment contributes to the persistence of occupational sex segregation. (SK)

  4. Alternative dispute resolution: a conflict management tool in health care.

    Science.gov (United States)

    Liberman, A; Rotarius, T M; Kendall, L

    1997-12-01

    This article focuses on methods of resolving conflict either within or between health care organizations using an alternative dispute resolution (ADR) strategy. After identifying the principal sources of contemporary disagreements within health services settings, the authors describe the basis of ADR. This is followed by a discussion of some common obstacles to settling a dispute. The principal communication guidelines and stages of a mediation session are presented. An alternative dispute resolution framework is proposed that includes an Office of Dispute Resolution (ODR). Also provided is a series of attributes that together comprise the core of mediation as a discipline.

  5. Defining Marriage: Classification, Interpretation, and Definitional Disputes

    Directory of Open Access Journals (Sweden)

    Fabrizio Macagno

    2016-09-01

    Full Text Available The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only about what mar- riage is, but more importantly about the dialectical rules for defining it.

  6. Alternative Dispute Resolution : A Viable Method for Settling Government Contract Disputes

    Science.gov (United States)

    1993-06-01

    Estoppel : Using Preclusion to Shape Procedural Choices," 63 Tulane Law Review 20, 1988. Murray, "Lawyers and Alternative Dispute Resolution Success," 14...1988. Shell, "Res Judicata and Collateral Estoppel Effects of Commercial Arbitration," 35 UCLA Law Review 623, 1988. Shell, "The Role of Public Law in

  7. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  8. Xenia: A Metaphor for Sense-Making and Acting in Information Systems Innovation

    Science.gov (United States)

    Higgins, Allen; Vidolov, Simeon; Frößler, Frank; Mullaney, Doreen

    This paper draws on Ciborra's insightful concept of xenia (i.e., hospitality) to analyze how successful infrastructural service innovation was managed at the local operations of an international financial services firm. The xenia concept problematizes the information system development (ISD) orthodoxy and points to issues and aspects that are often overlooked or considered irrelevant in structured methodologies. In interpreting the findings of the empirical study—in which a highly successful (but radical) big bang transition from one technology platform to another takes place over a single weekend—we suggest that IS implementation and development is an emergent process in which technology and users are continually redefined. This process resembles an emotional "meeting" between host and guest who, over time, develop mutual familiarity and acceptance. Further, we argue that the metaphor of xenia opens space for reconsidering conventional but socially sterile approaches to IS innovation; xenia offers a radically different way for understanding and acting upon ISD. Our analysis highlights the intrinsic socio-technical interplay underlying IS development and implementation, and raises questions about the importance of local cultures of "hospitality" and ways they may be cultivated and nurtured in order to alleviate the meeting between technology and organizations.

  9. The South China Sea Dispute : Perspective of International Law

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of

  10. Transparency and public participation in WTO dispute settlement

    NARCIS (Netherlands)

    Ahlborn, C.S.; Pfitzer, J.H.

    2009-01-01

    In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU

  11. developing countries and the wto dispute resolution system

    African Journals Online (AJOL)

    OLAWUYI

    outstanding outcomes of the Uruguay round.2 WTO principles are largely based on the ..... In practice it is the preference giving country. (usually a ... Prominent amongst them are; Pakistan, Hong Kong, Malaysia and South ..... 89 World Trade Organization – Dispute Settlement: Dispute DS308 'Mexico – Tax Measures on.

  12. Public private partnership construction project disputes in Nigeria ...

    African Journals Online (AJOL)

    This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria ...

  13. Conciliation as the traditional method of disputes settlement in PRC

    Directory of Open Access Journals (Sweden)

    Svetlana F. Litvinova

    2011-12-01

    Full Text Available The author of the article researches one of the peculiarities of civil disputes settlement in China. This peculiarity is the conciliatory method that is used during disputes settlement. The using of the method is based on Confucianism. The content of the method has been viewed in the article.

  14. Alternative Dispute Resolution in Ethiopia - A Legal Framework

    African Journals Online (AJOL)

    Nekky Umera

    position of usage and acceptance in its modern form. Recent ... bound to be consequences arising out of such struggles. ... though a court may order the process itself, the parties in dispute are ... wishes to recommend to solving disputes among African .... rights, actions and claims in a suit, it automatically results in the ...

  15. 46 CFR 5.71 - Maritime labor disputes.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Maritime labor disputes. 5.71 Section 5.71 Shipping... REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.71 Maritime labor disputes. Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime...

  16. Dispute settlement process under GATT/WTO diplomatic or judicial ...

    African Journals Online (AJOL)

    This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and ...

  17. The Effectiveness of Alternative IEP Dispute Resolution Practices

    Science.gov (United States)

    Scanlon, David; Saenz, Lauren; Kelly, Michael P.

    2018-01-01

    Alternative Individualized Education Program (IEP) dispute resolution models should respond to limitations of current options. An experimental IEP dispute resolution program provides parents and schools with an evidence-supported neutral perspective on what is needed for free and appropriate education (FAPE) and least restrictive environment…

  18. Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

    African Journals Online (AJOL)

    This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

  19. Alternative dispute resolution (ADR) for dentists: a better way.

    Science.gov (United States)

    Freudman, L

    1998-06-01

    Any dentist faced with a legal or potential legal dispute should consider all the options available to handle the dispute. Selection of the appropriate process may be approached from a consumer's perspective, with the emphasis on service, value and satisfaction. Awareness of ADR and its proper utilization can assist the dentist in choosing the method that will result in the most satisfactory outcome.

  20. 77 FR 48199 - Privacy Act; System of Records: State-35, Information Access Programs Records

    Science.gov (United States)

    2012-08-13

    ..., the Privacy Act, the Ethics in Government Act, the access provisions of Executive Order 13526 or a...; requester's name and requester's mailing and email address; Social Security number (if provided by the...: Hard copy and electronic media. RETRIEVABILITY: Individual name, case number. SAFEGUARDS: All users are...

  1. 75 FR 60397 - DoD Freedom of Information Act (FOIA) Program

    Science.gov (United States)

    2010-09-30

    ...-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601) It has been certified that 32 CFR part 285 is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a..., the DoD Field Activities, and all other organizational entities in the Department of Defense...

  2. 76 FR 63817 - Disclosure of Information; Privacy Act Regulations; Notice and Amendments

    Science.gov (United States)

    2011-10-14

    ..., paper, reports of examination, work papers, and correspondence relating to such reports, to the.... Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., (RFA) applies only to rules... and comment requirements of the APA, the requirement to prepare a final regulatory flexibility...

  3. Information by the Federal Minister of the Interior concerning Para. 7 of the Atomic Energy Act

    International Nuclear Information System (INIS)

    1980-01-01

    The structural characteristics of Section 7 of the AtG (Atomic Energy Act) have been proved. The changings of the permission assumptions of Section 7 of the Atomic Energy Act by means of a substitution of the applied undefined legal terms cannot be aspired. The jurisdiction of the Federal Constitutional Court has confirmed this interpretation. (orig.) [de

  4. 78 FR 54250 - Federal Acquisition Regulation; Information Collection; American Recovery and Reinvestment Act...

    Science.gov (United States)

    2013-09-03

    ... Recovery Act; d. A narrative description of the employment impact of the Recovery Act funded work; and e... subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the... data was a sufficient baseline for estimating the number of respondents per year (2,247) that would...

  5. FEATURES OF WTO DISPUTE SETTLEMENT. THE STANDING OF THE EU

    Directory of Open Access Journals (Sweden)

    Costin Horia Rogoveanu

    2010-09-01

    Full Text Available The WTO has an innovative system of dispute settlement, with the following features: sui-generis, integrated, resolving the disputes according to the WTO agreements, excluding unilateral solutions, interstate system. These features are detailed in the present article. Another level of analysis concerns the standing of the EU in the WTO, in general, and in the Geneva proceedings for dispute settlement, in particular. Generated by the quality of the European Communities statute as an original member of the Organisation, the EU has become one of the main users of the WTO dispute settlement system. One of the main challenges of the WTO dispute settlement mechanism is the implementation of decisions. In view of the cases assessed, while the execution record of the EU is a quite satisfactory one, it is apparent that implementation of decisions in more intricate cases creates difficulties at the Union level.

  6. Privacy Impact Assessment for the Confidential Business Information Records Access System for the Toxic Control Substances Act

    Science.gov (United States)

    This system collects submission data from the Toxic Substances Control Act (TSCA) and contact information for EPA contractors and employees who are CBI cleared. Learn how this data is collected, how it will be used, and the purpose of data collection.

  7. Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU, Slovenia and Croatia

    Directory of Open Access Journals (Sweden)

    Jeretina Urša

    2016-06-01

    Full Text Available The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR. In theory, Alternative Dispute Resolution (hereinafter: ADR is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles

  8. Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.

    Science.gov (United States)

    Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou

    2011-10-01

    This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

  9. The Various forms of Alternative Dispute Resolution (ADR in International Commercial Disputes

    Directory of Open Access Journals (Sweden)

    Angelica Rosu

    2009-06-01

    Full Text Available Alternative dispute resolution, usually referred to by the acronym ADR, is the focus ofgrowing interest in the business world, and particularly the international business world. Contractdrafters are continuously inventing new ADR procedures, most of which are derived from, or inspiredby mediation, although in fact this is only one type of alternative dispute resolution. There is no doubtthat ADR has emerged out of practice. At present, there is a very broad range of alternative means ofdispute resolution used in equally broad array of circumstances. An exhaustive list of different typesof ADR cannot be drawn because ADR lends itself to numerous derivatives consisting ofcombinations of common types. Of all the ADR types, mediation is the most traditional and the mostcentral, around which all the other derivatives gravitate.

  10. Lessons learned from Ontario wind energy disputes

    Science.gov (United States)

    Fast, Stewart; Mabee, Warren; Baxter, Jamie; Christidis, Tanya; Driver, Liz; Hill, Stephen; McMurtry, J. J.; Tomkow, Melody

    2016-02-01

    Issues concerning the social acceptance of wind energy are major challenges for policy-makers, communities and wind developers. They also impact the legitimacy of societal decisions to pursue wind energy. Here we set out to identify and assess the factors that lead to wind energy disputes in Ontario, Canada, a region of the world that has experienced a rapid increase in the development of wind energy. Based on our expertise as a group comprising social scientists, a community representative and a wind industry advocate engaged in the Ontario wind energy situation, we explore and suggest recommendations based on four key factors: socially mediated health concerns, the distribution of financial benefits, lack of meaningful engagement and failure to treat landscape concerns seriously. Ontario's recent change from a feed-in-tariff-based renewable electricity procurement process to a competitive bid process, albeit with more attention to community engagement, will only partially address these concerns.

  11. Prediction of future dispute concerning nuclear power generation

    International Nuclear Information System (INIS)

    1981-04-01

    This investigation is the third research on the public acceptance of nuclear power generation by the National Congress on Social Economics. In this study, how the energy dispute including that concerning nuclear power generation will develop in 1980s and 1990s, how the form of dispute and the point of controversy will change, were predicted. Though the maintenance of the concord of groups strongly regulates the behavior of people, recently they have become to exercise individual rights frequently. The transition to the society of dispute is the natural result of the modernization of society and the increase of richness. The proper prediction of social problems and the planning and execution of proper countermeasures are very important. The background, objective, basic viewpoint, range and procedure of this investigation, the change of social dispute, the history of the dispute concerning nuclear power generation, the basic viewpoint in the prediction of the dispute concerning nuclear power generation, the social situation in 1980s, the prediction and avoidance of the dispute in view of social and energy situations, and the fundamental strategy for seeking a clue to the solution in 1980s and 1990s are described. The establishment of neutral mediation organs and the flexible technologies of nuclear reactors are necessary. (Kako, I.)

  12. Online dispute resolution and models of relational law and justice: a table of ethical principles

    OpenAIRE

    Casanovas, Pompeu

    2014-01-01

    Regulatory systems constitute a set of coordinated complex behavior (individual and collective) which can be grasped through rules, values and principles that constitute the social framework of the law. Relational law, relational justice and the design of regulatory models can be linked to emergent agreement technologies and new versions of Online Dispute Resolution (ODR) and Negotiation Support Systems (NSS). We define the notions of public space and information principles, extending the con...

  13. A conflict model for the international hazardous waste disposal dispute

    International Nuclear Information System (INIS)

    Hu Kaixian; Hipel, Keith W.; Fang, Liping

    2009-01-01

    A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.

  14. Territorial disputes simmer in areas of South China Sea

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This paper reports that China's award of an exploration cooperation contact in the Nansha area of the South China Sea has revived territorial disputes in the area centering ton the Spratly and Paracel islands. The key dispute is between China and Viet Nam, which earlier engaged in military action over ownership of the islands, believed to have world class potential for hydrocarbon discoveries. Those two nations, as well as Brunei, Malaysia, Philippines, and Taiwan, lay claim to overlapping boundaries of the Spratly Islands. Separately, China and Viet Nam dispute territorial claims in the Paracels. Tensions continue to mount, and regional governments are trying to negotiate compromises to avoid a repeat of warfare

  15. A conflict model for the international hazardous waste disposal dispute.

    Science.gov (United States)

    Hu, Kaixian; Hipel, Keith W; Fang, Liping

    2009-12-15

    A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.

  16. Let's talk conflict: using mediation in healthcare security disputes.

    Science.gov (United States)

    Armstrong, Brad

    2013-01-01

    Healthcare security administrators face weekly, if not daily challenges and conflict. This article considers that security leaders must anticipate disputes in highly complex healthcare systems. When disputes cannot be resolved by organizational efforts, security administrators may be in a position to recommend or participate in mediation. Here the concept of mediation is introduced to healthcare security leaders as a viable means to resolve disputes with patients, visitors, and the community. This includes a description of the facilitative versus evaluative mediation processes, as well as pragmatic guidance when preparing for mediation.

  17. The mutual agreement procedure and arbitration of double taxation disputes

    OpenAIRE

    Ilias Bantekas

    2008-01-01

    It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model T...

  18. 40 CFR 2.302 - Special rules governing certain information obtained under the Clean Water Act.

    Science.gov (United States)

    2010-07-01

    ..., installed, and used only for research purposes; and (B) Information concerning any product, method, device... PROTECTION AGENCY GENERAL PUBLIC INFORMATION Confidentiality of Business Information § 2.302 Special rules... proposed standard or limitation: (A) Information concerning research, or the results of research, on any...

  19. S. 791: This Act may be cited as the Radon Information Act of 1991, introduced in the US Senate, One Hundred Second Congress, First Session, April 9, 1991

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    This bill was introduced into the US Senate on April 9, 1991 to amend Title III of the Toxic Substances Control Act (15 USC. 2661 et seq.). This legislation will require certain information relating to radon to be made available in connection with certain real estate transactions. In addition, radon testing devices offered for sale will be required to be tested in the radon measurement proficiency program of the Environmental Protection Agency. Buyers of homes have the right to know about radon risks, radon testing, and radon abatement techniques before they purchase a home. The purposes of this bill are: to establish a procedure by which home buyers receive information about radon; and to provide radon-related information to prospective home buyers at the time of all home sale transactions involving mortgage loans that are secured by a first lien on residential real property and are federally insured, guaranteed, made, or assisted or are purchased by a federally chartered secondary mortgage market institution

  20. Ethical Issues and Legal Constraints to the Freedom of Information Act

    African Journals Online (AJOL)

    Unfortunately, there are legal constraints that can hinder the smooth operation of the act. Such constraints need to be dismantled immediately. Besides, there is a great need to address various ethical issue that may equally arise among media practitioners in the course of operating within the limits of the law, posing great ...

  1. 77 FR 4564 - Request for Information Regarding the Reinsurance Program Under the Affordable Care Act

    Science.gov (United States)

    2012-01-30

    ...? 12. What COIs could arise for such potential subcontractors? Data Collection 13. Describe current... comments in the CMS drop slots located in the main lobby of the building. A stamp- in clock is available... reinsurance program. Section 1321(c)(1) of the Affordable Care Act directs the Secretary to take such actions...

  2. 78 FR 15031 - Agency Information Collection Activities: Andean Trade Preferences Act

    Science.gov (United States)

    2013-03-08

    ... Management and Budget (OMB) approval. All comments will become a matter of public record. In this document..., Andean Trade Promotion and Drug Eradication Act (ATPDEA) Certificate of Origin. This form can be used... 17. Type of Review: Extension (without change). Affected Public: Businesses. ATPA Certificate of...

  3. 44 CFR 6.3 - Collection and use of information (Privacy Act statements).

    Science.gov (United States)

    2010-10-01

    ... in compliance with the Act and these regulations. (c) Solicitation of Social Security numbers. Before... such individual refuses to disclose his/her social security account number, the employee of FEMA shall... identity of an individual, and the social security number will become a part of a system of records in...

  4. PREPARING SOCIAL WORKERS FOR ALTERNATIVE DISPUTE RESOLUTION IN CARE AND PROTECTION CASES

    Directory of Open Access Journals (Sweden)

    Matthias, Carmel

    2014-11-01

    Full Text Available The Children’s Act 38 of 2005 contains provisions enabling utilisation of alternative dispute resolution (ADR in cases involving children. This article focuses on the specialised training required to prepare social workers to be effective ADR practitioners. By drawing on comparative data, the article demonstrates that it is essential for social workers to receive such training in South Africa. The nature of the training that would be required to empower South African social workers to be effective ADR facilitators in care and protection cases is explored. Proposals for a South African training programme are put forward.

  5. Alternative dispute resolution programs in health care: a study of organizational utilization.

    Science.gov (United States)

    Rotarius, T M; Liberman, A; Osterman, K C; Putnam, P

    1999-03-01

    The hyperturbulence in today's health care environment acts as a primer that escalates the frequency and severity of business conflicts. Several alternative dispute resolution (ADR) programs are described, with ADR suggested as a viable approach in assisting organizations in resolving conflicts. The data indicate that all of the health care organizations surveyed utilize some form of ADR to resolve conflict. The most common conflict resolution objective found is win/win, and respondents felt that ADR effectively met intended objectives. While the data gathered for this study are from a limited geographic region in Central Florida, the results can likely be generalized to many socially and ethnically diverse regions of the country.

  6. 25 CFR 42.4 - What are alternative dispute resolution processes?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false What are alternative dispute resolution processes? 42.4... What are alternative dispute resolution processes? Alternative dispute resolution (ADR) processes are... use them, contact the Office of Collaborative Action and Dispute Resolution by: (1) Sending an e-mail...

  7. 10 CFR 2.338 - Settlement of issues; alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Settlement of issues; alternative dispute resolution. 2... alternative dispute resolution under paragraph (b) of this section. (b) Settlement judge; alternative dispute... alternative dispute resolution as the Commission may provide or to which the parties may agree. The order...

  8. 14 CFR 17.35 - Selection of neutrals for the alternative dispute resolution process.

    Science.gov (United States)

    2010-01-01

    ... dispute resolution process. 17.35 Section 17.35 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.35 Selection of neutrals for the alternative dispute resolution process. (a) In...

  9. 45 CFR 74.91 - Alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... resolution (ADR) techniques. ADR often is effective in reducing the cost, delay and contentiousness involved in appeals and other traditional ways of handling disputes. ADR techniques include mediation, neutral...

  10. Resolution of Disputes Involving Variations in Estimated Quantities

    National Research Council Canada - National Science Library

    Willmore, Charles

    2000-01-01

    .... It was written by an engineering student and is not intended to be a legal reference document. Legal precedent was researched to determine the rules used by the courts to decide these disputes...

  11. 61 Traditional Settlement of Dispute amongst Ikwerre Ethnic ...

    African Journals Online (AJOL)

    First Lady

    2013-01-28

    Jan 28, 2013 ... Ogoloma, Fineface I. - Institute of Foundation Studies (IFS), Rivers. State University .... There are many case studies that emphasize Traditional Dispute Settlement in ..... Religion and Social Conflict Management (The case of.

  12. ALTERNATIVE DISPUTE RESOLUTION (ADR DALAM PENYELESAIAN SENGKETA KONSUMEN

    Directory of Open Access Journals (Sweden)

    Taufikkurrahman Taufikkurrahman

    2015-06-01

    Full Text Available Consumers often consume goods and / or services resulting in damage, pollution and the loss on himself. So that the rights and obligations himself always disproportionate (balanced. So that consumer rights are not permanently harmed by businesses or otherwise,  the Republic country of Indonesia established a law that became the basis for consumers, businesses, Non-governmental organization and the Government to take  the legal actions as a result of violations committed by parties who are not responsible responsibility. Through UU No. 8 the year 1999 on Consumer Protection became the constitutional basis for businesses and consumers, especially in solving problems (disputes that happened to himelf. Legal effort in problem solving (dispute can use the lines outside the court  (Non-Litigation and through the courts (Litigation. The lines outside the court  carried out by the Consumer Dispute Settlement Board (BPSK. BPSK in resolving disputes of consumer through mediation, arbitration or conciliation.

  13. ALTERNATIVE DISPUTE RESOLUTION – CREATING VALUE OUT OF CONFLICT

    Directory of Open Access Journals (Sweden)

    ADRIANA ALMASAN

    2011-04-01

    Full Text Available The paper is deemed to present the advantages of resolving a dispute or a potential dispute throughout negotiation. This alternative of dispute resolution to legal proceedings in front of the law court may be considered as more favorable to the parties in conflict, from an economical perspective. Therefore the scope of the paper herein is eventually to establish that a conflict may generate value by negotiation. Further to the conclusion that by negotiation, a conflict may be solved more efficiently, the objectives of the paper are to identify (i the role played by the legal counsel in identifying the values thereto and (ii the mechanisms leading to such effect, as well as (iii the intrinsic connection between law and economics in an adequate approach of the negotiation throughout a commercial dispute. Not lastly, the paper has as objective identifying the key elements of a settlement agreement that are reflecting the added value.

  14. Report: Fiscal Year 2015 Federal Information Security Modernization Act Report: Status of CSB’s Information Security Program

    Science.gov (United States)

    Report #16-P-0086, January 27, 2016. The effectiveness of the CSB’s information security program is challenged by its lack of personal identity verification cards for logical access, complete system inventory.

  15. Understanding the Characteristics of Dispute Settlement in Sharia Economic System

    OpenAIRE

    M. Arfin Hamid

    2017-01-01

    One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or...

  16. Settlement of Tax Disputes in the Russian Federation and Germany

    OpenAIRE

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...

  17. Oil and Gas Development in Disputed Waters under UNCLOS

    OpenAIRE

    Yiallourides, Constantinos

    2016-01-01

    Maritime delimitation is crucial in determining which coastal States may exercise control and jurisdiction over certain hydrocarbon deposits. Although international law has recently become more precise on the matter, boundary disputes are frequently resolved only after several or even many years. Even while coastal States are in a deadlock over delimitation issues, the need to explore and exploit the disputed areas’ resources remains imperative for reasons of energy security, social welfare a...

  18. ARBITRATION – AN ALTERNATIVE SETTLEMENT OF INTERNATIONAL TRADE DISPUTES

    Directory of Open Access Journals (Sweden)

    Gabriel MIHAI

    2016-07-01

    Full Text Available Arbitration is today considered a form of justice adjusted specifically for disputes between traders, representing a special attraction for the business world. Arbitration can be considered as a refuse reflex from the traders to obey close-minded forms of common law procedure, characterized by excessive rigor or conservatism and as an expression of their propensity towards more malleable means of settling disputes, specific to arbitration.

  19. 17 CFR 200.83 - Confidential treatment procedures under the Freedom of Information Act.

    Science.gov (United States)

    2010-04-01

    ... SECURITIES AND EXCHANGE COMMISSION ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS Information... first received by the Commission (i) it is supplied segregated from information for which confidential..., 100 F Street, NE., Washington, DC 20549. The person requesting confidential treatment may supply...

  20. 78 FR 60245 - Privacy Act Systems of Records; LabWare Laboratory Information Management System

    Science.gov (United States)

    2013-10-01

    ... of Records; LabWare Laboratory Information Management System AGENCY: Animal and Plant Health... system of records, entitled LabWare Laboratory Information Management System (LabWare LIMS), to maintain... Affairs, OMB. Thomas J. Vilsack, Secretary. SYSTEM NAME: LabWare Laboratory Information Management System...

  1. 78 FR 59751 - Transportation Infrastructure Financing and Innovation Act (TIFIA) Program; Agency Information...

    Science.gov (United States)

    2013-09-27

    ..., reasons for selecting the proposed type(s) of credit instrument, flexibility in financial plan to support... the applicant's organizational structure, including background information and legal authority...

  2. 78 FR 76187 - Transportation Infrastructure Financing and Innovation Act (TIFIA) Program; Agency Information...

    Science.gov (United States)

    2013-12-16

    ..., reasons for selecting the proposed type(s) of credit instrument, flexibility in financial plan to support... the applicant's organizational structure, including background information and legal authority...

  3. CAN ACCOUNTING INFORMATION ACT AS A PROXY FOR EX ANTE UNCERTAINTY IN INITIAL PUBLIC OFFERINGS?

    Directory of Open Access Journals (Sweden)

    Tatang Ary Gumanti

    2003-06-01

    Full Text Available This paper reviews and summarizes previous works and the rationale for the proposition that accounting information is in fact value relevant in the determination of an initial public offering IPO.Theoretical and empirical evidence has indicated that certain accounting measures can he used as proxies for total firm risk, that is, they could determine the riskiness of a corporation. The literature also advocates that accounting information is relevant in determining the value and thus the riskiness of a corporation through the use of accounting analysis. Since most of the information available in the prospectus is accounting information, it is arguable that this information represents a potential source for assessing the issuing firm. Some scholars have also advocated the possibility of using accounting information in assessing the value of firm making an IPO. Numerous papers have provided analytical and empirical evidence of the association between accounting numbers and the value of IPOs. The conclusion generally comes to show that information in the prospectus is value relevant concerning the IPO. The paper shows that it is indeed an arguable to use accounting information in the valuation of an IPO. Accordingly, it is an empirical issue whether accounting information has the property in explaining the ex-ante uncertainty of an IPO.

  4. Prison Radicalization in County Jails: Disrupting Terrorist Acts Through Information Sharing

    Science.gov (United States)

    2014-12-01

    States Attorney’s Office, March 26, 2014, http://www.justice.gov/usao/ cae /news/docs/2014/2014_03/03-26-14Teausant.html. 11 Leslie Holland, “California...have reached an all-time high as a result of the Public Safety Realignment Act. In the first quarter of 2014, the average daily population reached...by the ACLU, the Sheriff’s Department has recently made significant improvements regarding the treatment of Muslim inmates. Previously, other faiths

  5. 75 FR 69126 - Proposed Information Collection Request (ICR) for the Workforce Investment Act Random Assignment...

    Science.gov (United States)

    2010-11-10

    ... study, a consent form, a baseline information form (BIF), and a contact information form (CIF). WIA adult and dislocated worker applicants will be asked to sign a consent form to confirm that they have... be collected through cost collection forms and interviews with program staff during the second site...

  6. 78 FR 28239 - Agency Information Collection Activities; Andean Trade Preferences Act

    Science.gov (United States)

    2013-05-14

    ...: Extension (without change). Affected Public: Businesses. ATPA Certificate of Origin: Estimated Number of... will be submitting the following information collection request to the Office of Management and Budget... Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be...

  7. 76 FR 8766 - Agency Information Collection Activities: Andean Trade Preference Act

    Science.gov (United States)

    2011-02-15

    ...: Businesses. ATPA Certificate of Origin: Estimated Number of Respondents: 2,133. Estimated Number of Annual... submitted the following information collection request to the Office of Management and Budget (OMB) for... collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments...

  8. 76 FR 40723 - Agency Information Collection Activities; Proposed Collection; Comment Request; Clean Water Act...

    Science.gov (United States)

    2011-07-11

    ... or otherwise protected through http://www.regulations.gov or e- mail. The www.regulations.gov website..., date, and Federal Register citation. What information collection activity or ICR does this apply to...

  9. 78 FR 9654 - Public Access to NEH Records Under the Freedom of Information Act

    Science.gov (United States)

    2013-02-11

    ... distribution to the general public. The NEH will regard ``freelance'' journalists as working for a news-media... disclosure to a significant extent. The NEH will make no value judgments about whether the information at...

  10. 78 FR 43261 - Transportation Infrastructure Financing and Innovation Act (TIFIA) Program; Agency Information...

    Science.gov (United States)

    2013-07-19

    ... proposed type(s) of credit instrument, flexibility in financial plan to support a reduced percentage-share... organizational structure, including background information and legal authority, organization and management...

  11. EPA Responds to NRDC's 2008 Freedom of Information Act Complaint on Clothianidin

    Science.gov (United States)

    The Natural Resources Defense Council had made a FOIA request for information on the pesticide clothianidin in relation to pollinator protection and Colony Collapse Disorder (CCD), and inaccurately represented EPA's efforts to protect bees.

  12. Privacy Act System of Records: Confidential Business Information Tracking System, EPA-20

    Science.gov (United States)

    Learn about the Confidential Business Information Tracking System, including who is covered in the system, the purpose of data collection, routine uses for the system's records, and other security procedures.

  13. CAN ACCOUNTING INFORMATION ACT AS A PROXY FOR EX ANTE UNCERTAINTY IN INITIAL PUBLIC OFFERINGS?

    OpenAIRE

    Gumanti, Tatang Ary

    2003-01-01

    This paper reviews and summarizes previous works and the rationale for the proposition that accounting information is in fact value relevant in the determination of an initial public offering IPO).Theoretical and empirical evidence has indicated that certain accounting measures can he used as proxies for total firm risk, that is, they could determine the riskiness of a corporation. The literature also advocates that accounting information is relevant in determining the value and thus the risk...

  14. ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Ruxandra I. CHIRU

    2017-05-01

    Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.

  15. How the Posse Comitatus Act Restricts Department of Defense Information Sharing

    Science.gov (United States)

    2010-06-11

    primary mission was to cultivate counterintelligence programs designed to enable force protection, CIFA soon expanded its reach with the launch of...distributed domestic information to federal and local law enforcement, the more the agencies requested. This phenomenon soon mushroomed into the

  16. 75 FR 66014 - Privacy of Consumer Financial Information; Conforming Amendments Under Dodd-Frank Act

    Science.gov (United States)

    2010-10-27

    ... service from [a financial institution] that is to be used primarily for personal, family or household... conservative approach in estimating that there will be 250 swap dealers for PRA purposes. 2. Information... financial products or services primarily for personal, family, or household purposes from the institutions...

  17. 77 FR 24730 - Submission of Information Collection Under the Paperwork Reduction Act; Reinstatement

    Science.gov (United States)

    2012-04-25

    ... relationships with either Indian tribes or the gaming industry, licensing relating to those relationships, any... previous experience that each person has had with other Indian gaming contracts or with the gaming industry... DEPARTMENT OF THE INTERIOR National Indian Gaming Commission Submission of Information Collection...

  18. 77 FR 9261 - Submission of Information Collection Under the Paperwork Reduction Act; Reinstatement

    Science.gov (United States)

    2012-02-16

    ... employment records, previous relationships with either Indian tribes or the gaming industry, licensing... with the gaming industry including any gaming licenses which the person holds; and a complete financial... DEPARTMENT OF THE INTERIOR National Indian Gaming Commission Submission of Information Collection...

  19. 76 FR 76640 - Telecommunications Act Accessibility Guidelines; Electronic and Information Technology...

    Science.gov (United States)

    2011-12-08

    ... benefits and costs, and recommended alternatives. The Board also invites the public to identify any gaps in... guidelines, alternative policies to those presented, and information on benefits and costs. After reviewing... with considerable potential cost in relation to the benefit. Because this requirement potentially would...

  20. Servicemembers Civil Relief Act: Information on Mortgage Protections and Related Education Efforts

    Science.gov (United States)

    2014-01-01

    activities; legal assistance attorneys provide counseling; and a number of outreach media , such as publications and websites, are aimed at informing...to servicemembers. DOD and the Consumer Federation of America also conduct the Military Saves Campaign every year, a social marketing campaign to...theft, and insurance scams targeted at servicemembers and their families. DOD established its financial education partnerships by signing memorandums

  1. 76 FR 43874 - Privacy of Consumer Financial Information; Conforming Amendments Under Dodd-Frank Act

    Science.gov (United States)

    2011-07-22

    ..., introducing brokers, and retail foreign exchange dealers shall be in compliance with these rules not later... pool operators (``CPOs''), and introducing brokers (``IBs''). The scope of the part 160 rules mirrors... forthcoming release titled ``Business Affiliate Marketing and Disposal of Consumer Information Rules,'' the...

  2. 30 CFR 250.199 - Paperwork Reduction Act statements-information collection.

    Science.gov (United States)

    2010-07-01

    ..., DOCD Air Quality Screening Checklist, MMS-141, ROV Survey Report Form; MMS-142, Environmental Impact... Prevention and Control (1010-0057) To inform MMS of measures to be taken to prevent water and air pollution. To ensure that appropriate measures are taken to prevent water and air pollution. (4) Subpart D, Oil...

  3. 75 FR 409 - Privacy Act of 1974; United States Citizenship and Immigration Services-010 Asylum Information...

    Science.gov (United States)

    2010-01-05

    ... 1974; United States Citizenship and Immigration Services--010 Asylum Information and Pre-Screening... system of records to the Department of Homeland Security's inventory, entitled Unites States Citizenship... Citizenship and Immigration Services (202-272-1663), 20 Massachusetts Avenue, NW., 3rd Floor, Washington, DC...

  4. Impact Assessment of the Brazilian Access to Information Act - An interdisciplinary methodological approach

    Directory of Open Access Journals (Sweden)

    Taiana Fortunato Araújo

    2016-08-01

    Full Text Available This article aims to discuss the potential efficacy and effectiveness of the Access to Information Law (LAI in Brazil, considering it not as an isolated legislation, but as part of public policy for transparency and accountability. For this, we use an interdisciplinary approach that combines elements of the discussion on the role of law in public policy and an analysis of the various possible meanings of the legal concept of efficacy (taken as element that combines the legal world with the real world. We have reviewed international assessment studies on access to information laws in other countries; with regards to Brazil, we analyze a few monitoring and assessment studies about LAI implementation made by the Controladoria-Geral da União (CGU/Comptroller General of the Union, and the (still rare academic literature on the subject. We conclude that the legal efficacy of LAI depends, in first instance, on the full adhesion of the State, which has to enact specific regulations without which the LAI does not function well. In a second instance, legal efficacy has a necessary, but not sufficient condition, a change of conduct by public managers, responsible for LAI`s implementation. This piece of legislation would have complete efficacy if it reached its primary goal of providing access to public information by increasing governmental transparency. Effectiveness, on the other hand, refers to the multiple uses of the information provided by citizens, both for individual objectives as well as governmental accountability.

  5. Annual Report to Parliament Access to Information Act - 2016-2017

    International Development Research Centre (IDRC) Digital Library (Canada)

    Isabelle

    ... the economic and social advancement of those regions.” ... Technology Division staff to ensure that access to Centre information in all forms respects the ... one came from a business, one came from academia and six came from the public. 4 ...

  6. 76 FR 20003 - Privacy Act of 1974: Notice of New System of Records, Integrated Disbursement & Information...

    Science.gov (United States)

    2011-04-11

    ... property interests, identity theft or fraud, or harm to the security or integrity of this system, then the... System (IDIS). System Location: Online at http://www.hud.gov/offices/cpd/systems/idis/idis.cfm... Information (PII) is not being released. If the Department suspects or has confirmed that the security or...

  7. Bringing the Outside In: Blending Formal and Informal through Acts Hospitality

    Science.gov (United States)

    West, Chad; Cremata, Radio

    2016-01-01

    Through the lens of hospitality, we explored the meanings that members constructed about their experiences within a blended formal/informal college music ensemble. The focus in this ensemble was not on competition and musical excellence but on independent musicianship and praxis. The bandleader had his roots in tradition but his heart in socially…

  8. The effects of the Health Insurance Portability and Accountability Act privacy rule on influenza research using geographical information systems

    Directory of Open Access Journals (Sweden)

    Norisse Tellman

    2010-11-01

    Full Text Available The Health Insurance Portability and Accountability Act (HIPAA privacy rule was enacted to protect patients’ personal health information from undue disclosure. Despite its intention to protect patients, recent reports suggest that HIPAA restrictions may be negatively impacting health research. Quantitative, visual geographical and statistical analysis of zip code geographical information systems (GIS mapping, comparing 3-digit HIPAA-compliant and 5-digit HIPAA-non-compliant simulated data, was chosen to identify and describe the type of distortion that may result. It was found that unmitigated HIPAA compliance with HIPAA mapping rules distorted the GIS zip code data by 28% leading to erroneous results. Thus, compliance with HIPAA privacy rule when mapping may lead investigators to publish erroneous GIS maps.

  9. Discovery and information-theoretic characterization of transcription factor binding sites that act cooperatively.

    Science.gov (United States)

    Clifford, Jacob; Adami, Christoph

    2015-09-02

    Transcription factor binding to the surface of DNA regulatory regions is one of the primary causes of regulating gene expression levels. A probabilistic approach to model protein-DNA interactions at the sequence level is through position weight matrices (PWMs) that estimate the joint probability of a DNA binding site sequence by assuming positional independence within the DNA sequence. Here we construct conditional PWMs that depend on the motif signatures in the flanking DNA sequence, by conditioning known binding site loci on the presence or absence of additional binding sites in the flanking sequence of each site's locus. Pooling known sites with similar flanking sequence patterns allows for the estimation of the conditional distribution function over the binding site sequences. We apply our model to the Dorsal transcription factor binding sites active in patterning the Dorsal-Ventral axis of Drosophila development. We find that those binding sites that cooperate with nearby Twist sites on average contain about 0.5 bits of information about the presence of Twist transcription factor binding sites in the flanking sequence. We also find that Dorsal binding site detectors conditioned on flanking sequence information make better predictions about what is a Dorsal site relative to background DNA than detection without information about flanking sequence features.

  10. Language as an Instrument for Dispute Resolution in Modern Justice

    Directory of Open Access Journals (Sweden)

    Drabarz Anna K.

    2017-12-01

    Full Text Available The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.

  11. DISPUTE RESOLUTION OF FOREIGN DIRECT INVESTMENT IN CHINA

    Directory of Open Access Journals (Sweden)

    Fiska Silvia Raden Roro

    2012-09-01

    Full Text Available Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.

  12. ACT Test

    Science.gov (United States)

    ... to clot, the higher the degree of clotting inhibition. During surgery, the ACT is kept above a ... What is ECLS? An Introduction to Extracorporeal Life Support. University of Michigan Health System [On-line information]. ...

  13. The supply chain of tobacco as disputes field

    Directory of Open Access Journals (Sweden)

    Alex Alexandre Mengel

    2017-08-01

    Full Text Available The paper analyzes the existing conflicts in the tobacco production chain in Brazil and the strategies historically established by each agent. Therefore, we interpret the tobacco production chain as a field of disputes. As methodological tools we conducted to literature review and semi-structured interviews. Among the results, we found that, in general, the actors in the tobacco field take three types of strategies: 1 the defense of the field; 2 intermediate strategic positions mulling conflicting historical disputes in the field; 3 positions contrary to the tobacco field.

  14. African Countries and WTO´s Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    Alavi, Amin

    2007-01-01

    The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the 'rule of law' within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub-Saharan African country has yet used the option...... to initiate a dispute. This article examines what prevents the WTO Africa Group from using the system and critically reviews the solutions they have proposed to remedy this. It concludes by discussing how this reflects broader problems concerning African participation in WTO, and puts forward some alternative...

  15. Study on Investor-State Dispute Settlement (‘ISDS’) and Alternatives of Dispute Resolution in International Investment Law

    DEFF Research Database (Denmark)

    Hindelang, Steffen

    aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...

  16. AREN - A non-governmental organization acting in public formation and information

    International Nuclear Information System (INIS)

    Mauna, Traian; Anghelescu, Serban Mihnea

    1998-01-01

    The Romanian Association for Nuclear Energy - AREN, founded eight years ago as non-governmental and non-profit organization, is deploying its activity on a voluntary basis. The association comprises 248 fellows, as physical persons, 17 juridical supporting fellows and eight honorary fellows, outstanding personalities with special contributions in promoting Romanian nuclear power development, 'Ionel Purica' - prize winners. AREN co-operates with other domestic NGO's and other sister organizations from abroad, is a collective member of the General Association of Romanian Engineers and is affiliated to European Nuclear Society (ENS). For specialist and public information AREN is publishing and disseminating the following four publications: 1 - 'Energia Nucleara' (Nuclear Energy) journal; 2 - the bulletin 'Nucleus' brought from ENS and translated in Romanian language; 3 - the news 'NUC NET', adopted, worked up and translated in Romanian; 4 - the periodic bulletin 'Nuclear News'. Yearly, AREN organizes the 'Nuclear Energy Days' and the biennial International Symposium of Nuclear Energy (SIEN). (authors)

  17. The role of trade union organization in solving labor disputes and strikes in Vietnam

    Directory of Open Access Journals (Sweden)

    Nguen T.H.

    2017-01-01

    Full Text Available the article describes the role of the trade union organization in solving labor disputes and strikes and the legal basis of the role of trade union organization in solving labor disputes and strikes in Vietnam.

  18. Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone

    OpenAIRE

    Benoit P. Freyens

    2011-01-01

    In many countries the arbitration of dismissal disputes by public tribunals and state agencies is regarded as slow and expensive. Some common law countries, including the United States and Australia, are privatizing dispute resolution on the premise that this is more efficient than using statutory channels, and it is thus perceived as a better method of settling disputes. Previous advances in statutory law regarding the arbitration of dismissal disputes have been either rescinded or circumven...

  19. Young Children's Personal Accounts of Their Sibling Disputes

    Science.gov (United States)

    Wilson, Anne E.; Smith, Melissa D.; Ross, Hildy S.; Ross, Michael

    2004-01-01

    We investigated children's personal representations of significant sibling conflicts. Forty pairs of siblings were interviewed separately about the same disputes. Although they described the same episodes, both older (M age = 7.0) and younger (M age = 4.4) siblings ascribed more serious transgressions to their opponents than to themselves. They…

  20. Settlement Ends Dispute between Princeton and Donors' Heirs

    Science.gov (United States)

    Masterson, Kathryn; Gose, Ben

    2009-01-01

    This article reports that Princeton University has settled a long-running dispute with the heirs of a major donor by agreeing to pay $50-million to the heirs' foundation and approximately the same amount for their legal fees. The case has been closely watched as a test of how strictly institutions must adhere to donors' wishes. The settlement…

  1. Quota disputes and subsistence whaling in Qeqertarsuaq, Greenland

    DEFF Research Database (Denmark)

    Tejsner, Pelle

    2014-01-01

    In Qeqertarsuaq (Disco Island), northwest Greenland, local disputes about the allocation of annual whaling quotas for beluga and narwhals feature as a source of conflict between state-imposed categories of occupational and non-occupational hunters. The national authorities’ co-management regime...

  2. 28 CFR 100.21 - Alternative dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Alternative dispute resolution. 100.21 Section 100.21 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) COST RECOVERY REGULATIONS... carrier agree to mediation, the costs of that mediation process shall be shared equally by the FBI and the...

  3. 76 FR 22848 - Alternative Dispute Resolution (ADR) and Conflict Management

    Science.gov (United States)

    2011-04-25

    ...-AI63 Alternative Dispute Resolution (ADR) and Conflict Management AGENCY: Defense Legal Services Agency... conflict management practices as an integral part of normal business practices within the Department of...) AND CONFLICT MANAGEMENT Sec. 83.1 Purpose. 83.2 Applicability. 83.3 Definitions. 83.4 Policy. 83.5...

  4. Alternative Dispute Resolution: A Business (and) Communication Strategy.

    Science.gov (United States)

    Netzley, Michael

    2001-01-01

    Investigates Alternative Dispute Resolution (ADR) and its potential as a topic for business communication practice and research. Explores what ADR is; how mediation and ADR are used in business; how mediation and ADR are similar to and different from negotiating; and two or three essential learning points or skills to teach business students about…

  5. The mutual agreement procedure and arbitration of double taxation disputes

    Directory of Open Access Journals (Sweden)

    Ilias Bantekas

    2008-12-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions oftransnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two disputesettlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relatingto the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting inthe negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played bythe parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how thesemechanisms relate and/or conflict with bilateral tax treaties and theGATS.

  6. Disputes over land and water rights in gold mining

    NARCIS (Netherlands)

    Stoltenborg, Didi; Boelens, Rutgerd

    2016-01-01

    This article analyzes different visions and positions in a conflict between the developer of an open-pit mine in Mexico and project opponents using the echelons of rights analysis framework, distinguishing four layers of dispute: contested resources; contents of rules and regulations;

  7. Problems of litigation in settlement of maritime disputes for Nigeria ...

    African Journals Online (AJOL)

    This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

  8. Territorial Disputes in Spratly: An Assessment of the Philippine Initiatives

    Science.gov (United States)

    2013-03-01

    Kalayaan Island Group (KIG) as one political unit. Section 1 states that ‘Such area is hereby constituted as a distinct and separate municipality of the...expanding toehold in disputed sea,” Philippine Daily Inquirer, July 26, 2012. 22 Aurea Calica and Jaime Laude, “Kalayaan island group integral part of

  9. Land disputes and marginalized youth fuel crime and violence in ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    2016-04-28

    Apr 28, 2016 ... Youth violence and the shift of land disputes from rural communities into ... The researchers identify poverty reduction and the creation of ... violence and challenges for local urban governance in Côte d'Ivoire,” and its findings.

  10. Chieftaincy succession disputes and the challenge to traditional ...

    African Journals Online (AJOL)

    Two succession disputes at the provincial and the sub-provincial level of the traditional political hierarchy are analysed in detail. Both cases represented a challenge to traditional authority and are an indication of the changing relationship between chiefs and their subjects in Mamprusi society and throughout Northern ...

  11. International Disputes and Cultural Ideas in the Canadian Arctic

    DEFF Research Database (Denmark)

    Burke, Danita Catherine

    of the Canadian-Arctic relationship. Using Canada as the focus for the analysis, the purpose of this project is to contribute to the existing Arctic studies and international relations literature by examining how interests and disputes in the Canadian Arctic region have been affected by domestic cultural...

  12. International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

    NARCIS (Netherlands)

    H. van Lith (Hélène)

    2009-01-01

    textabstractThis book deals with judicial jurisdiction of state courts in international disputes, in particular those arising out of transnational commercial contracts entered into between private entities, individuals, and corporations.1 The present study examines whether any common grounds in

  13. The Dewey-Hutchins Debate: A Dispute over Moral Teleology

    Science.gov (United States)

    Johnston, James Scott

    2011-01-01

    In this essay, James Scott Johnston claims that a dispute over moral teleology lies at the basis of the debate between John Dewey and Robert M. Hutchins. This debate has very often been cast in terms of perennialism, classicism, or realism versus progressivism, experimentalism, or pragmatism. Unfortunately, casting the debate in these terms…

  14. 48 CFR 2922.101-3 - Reporting labor disputes.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Reporting labor disputes. 2922.101-3 Section 2922.101-3 Federal Acquisition Regulations System DEPARTMENT OF LABOR SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Basic Labor Policies 2922.101-3 Reporting...

  15. Exit and Voice: Organizational Loyalty and Dispute Resolution Strategies

    Science.gov (United States)

    Hoffmann, Elizabeth A.

    2006-01-01

    This study compares workplace dispute resolution strategies (exit, voice and toleration) in matched pairs of conventional and worker-owned cooperative organizations operating in three industries--coal mining, taxicab driving and organic food distribution. Building on Hirschman's classic exit, voice and loyalty thesis, this research demonstrates…

  16. 47 CFR 76.975 - Commercial leased access dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... declaration and the party submitting the protected material. The Commission has full authority to fashion... leased access complaint within 90 days of the close of the pleading cycle. (2) The Media Bureau, after... the proposals or choose to fashion its own remedy. (i) During the pendency of a dispute, a party...

  17. Quantitative Research: A Dispute Resolution Model for FTC Advertising Regulation.

    Science.gov (United States)

    Richards, Jef I.; Preston, Ivan L.

    Noting the lack of a dispute mechanism for determining whether an advertising practice is truly deceptive without generating the costs and negative publicity produced by traditional Federal Trade Commission (FTC) procedures, this paper proposes a model based upon early termination of the issues through jointly commissioned behavioral research. The…

  18. Health care litigation: the arbitration alternative for dispute resolution.

    Science.gov (United States)

    Cole, C A

    1989-01-01

    This is the second in a series of articles on health care litigation. This article focuses on the benefits of arbitration as an alternative dispute mechanism for health care providers. The use of arbitration offers speed and economy to the parties. For the health care provider, arbitration can reduce litigation expense and the likelihood of "runaway" jury verdicts.

  19. Optional IDEA Alternative Dispute Resolution. inForum

    Science.gov (United States)

    Henderson, Kelly

    2008-01-01

    Though most interactions between parents and school personnel about students with disabilities are positive and productive, disagreements can arise. Disputes may range in intensity from minor miscommunications to significant conflicts that trigger the use of procedural safeguards available under federal law. The Individuals with Disabilities…

  20. 47 CFR 64.1703 - Dispute resolution default process.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 3 2010-10-01 2010-10-01 false Dispute resolution default process. 64.1703 Section 64.1703 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES... recommendation(s) must be included in the final industry-wide standard or industry-wide generic requirement...

  1. 46 CFR 502.411 - Mediation and other alternative means of dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Mediation and other alternative means of dispute... PROVISIONS RULES OF PRACTICE AND PROCEDURE Alternative Dispute Resolution § 502.411 Mediation and other alternative means of dispute resolution. (a) Parties are encouraged to utilize mediation or other forms of...

  2. 77 FR 76165 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    Science.gov (United States)

    2012-12-26

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS444] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... after the United States submits or receives a request for the establishment of a WTO dispute settlement...

  3. 77 FR 23539 - WTO Dispute Settlement Proceeding Regarding European Communities and Certain Member States...

    Science.gov (United States)

    2012-04-19

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS316] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that it...

  4. 29 CFR 1403.3 - Obtaining data on labor-management disputes.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Obtaining data on labor-management disputes. 1403.3 Section... FUNCTIONS AND DUTIES § 1403.3 Obtaining data on labor-management disputes. When the existence of a labor-management dispute comes to the attention of the Federal Service upon a request for mediation service from...

  5. 5 CFR 2424.10 - Collaboration and Alternative Dispute Resolution Program.

    Science.gov (United States)

    2010-01-01

    ... Alternative Dispute Resolution; Requesting and Providing Allegations Concerning the Duty To Bargain § 2424.10 Collaboration and Alternative Dispute Resolution Program. Where an exclusive representative and an agency are... and Alternative Dispute Resolution Program (CADR). Upon request, and as agreed upon by the parties...

  6. 48 CFR 852.233-70 - Protest content/alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

    .../alternative dispute resolution. 852.233-70 Section 852.233-70 Federal Acquisition Regulations System... Provisions and Clauses § 852.233-70 Protest content/alternative dispute resolution. As prescribed in 833.106, insert the following provision: Protest Content/Alternative Dispute Resolution (JAN 2008) (a) Any protest...

  7. 48 CFR 6302.30 - Alternative dispute resolution methods (Rule 30).

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION BOARD OF CONTRACT APPEALS RULES OF PROCEDURE 6302.30 Alternative dispute resolution methods (Rule... Alternative Dispute Resolution (ADR): Settlement Judges and Mini-Trials. These procedures are designed to... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...

  8. 25 CFR 170.934 - Are alternative dispute resolution procedures available?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Are alternative dispute resolution procedures available... alternative dispute resolution (ADR) procedures is to provide an inexpensive and expeditious forum to resolve... (including for non-construction the mediation and alternative dispute resolution options listed in 25 U.S.C...

  9. 40 CFR 22.18 - Quick resolution; settlement; alternative dispute resolution.

    Science.gov (United States)

    2010-07-01

    ...; alternative dispute resolution. 22.18 Section 22.18 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY...; alternative dispute resolution. (a) Quick resolution. (1) A respondent may resolve the proceeding at any time... complaint. (d) Alternative means of dispute resolution. (1) The parties may engage in any process within the...

  10. Arbitrability limitation in consumer (B2C disputes? : Consumers´ protection as legal and economic phenomenon

    Directory of Open Access Journals (Sweden)

    Alexander J. Bělohlávek

    2012-10-01

    Full Text Available Protection of consumers became a phenomenon of many governmental politics. Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. The particular degree of consumers protection through limitation of contractual autonomy (in B2C contracts as well as procedural autonomy (regarding B2C dispute resolution mechanisms, as chosen by particular governments, has both legal and economic effects, in positive and negative sense. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries. Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy (keeping down arbitrability of B2C disputes in the opposite to US trends. Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes. It has its proponents as well as opponents. Indeed, it is hard to claim that a particular type (class of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. This also applies to consumer disputes (disputes from consumer contracts. It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party (the professional. But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method (ADR. Despite the basically undisputed importance of and the need for special consumer protection (whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the

  11. The mutual agreement procedure and arbitration of double taxation disputes

    Directory of Open Access Journals (Sweden)

    Ilias Bantekas

    2008-10-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relating to the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting in the negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played by the parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how these mechanisms relate and/or conflict with bilateral tax treaties and the GATS.

  12. MODEL PENYELESAIAN PERSELISIHAN PARTAI POLITIK SECARA INTERNAL MAUPUN EKSTERNAL (The Model of Political Party Dispute Settlement Internally and Externally

    Directory of Open Access Journals (Sweden)

    Tri Cahya Indra Permana

    2016-03-01

    Full Text Available Undang-Undang Parpol mengatur bahwa perselisihan Parpol diselesaikan secara internal oleh Mahkamah Partai atau sebutan lain daripada itu dan secara eksternal oleh Pengadilan Negeri dan Mahkamah Agung. Substansi perselisihan yang final dan mengikat di Mahkamah Partai adalah perselisihan kepengurusan, selebihnya dapat diajukan upaya hukum ke Pengadilan Negeri dan Mahkamah Agung. Di dalam praktek, pengaturan tersebut telah menjauhkan dari rasa keadilan, kepastian hukum dan kemanfaatan, oleh karenanya sebaiknya direvisi yang mana perselisihan PAW, pelanggaran terhadap hak anggota partai politik, penyalahgunaan wewenang,  pertanggungjawaban keuangan, dan atau keberatan terhadap keputusan partai politik (termasuk keputusan untuk tidak memutuskan terhadap sesuatu hal final dan mengikat dengan Putusan MPP. Sedangkan perselisihan kepengurusan dapat diajukan upaya hukum ke Mahkamah Konstitusi. Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.

  13. MACEDONIAN ADMINISTRATIVE JUDICIAL SYSTEM FOR SOLVING ADMINISTRATIVE DISPUTES COMPARABLE TO EUROPEAN SYSTEMS

    Directory of Open Access Journals (Sweden)

    Sladjana Eftimova

    2015-07-01

    Full Text Available The structure of the legal system, through history until today mostly depends on law and policy which is conducted by the country. In European countries, there is position for historical and cultural conceptions for administrative judicature, differences and similarity that leave mark for solving administrative disputes. The obligation – an internal judicial reform to be established in legal system, is conducted by each of the countries after the breaking down and division of Social Federative Republic of Yugoslavia or SFRY due to following the European law for constitution of legitimacy and constitutionality of acts as well as implementing of independent administrative judicature. Analyze of the current condition regarding the independency and objectiveness of the judicature is necessary in our country and it is important to be seen how the conditions for working of the administrative judicature can be improved.

  14. Physician perspectives on legal processes for resolving end-of-life disputes.

    Science.gov (United States)

    Chidwick, Paula; Sibbald, Robert

    2011-01-01

    In order to understand how to effectively approach end-of-life disputes, this study surveyed physicians' attitudes towards one process for resolving end-of-life disputes, namely, the Consent and Capacity Board of Ontario. In this case, the process involved examining interpretation of best interests between substitute decision-makers and medical teams. Physicians who made "Form G" applications to the Consent and Capacity Board of Ontario that resulted in a decision posted on the open-access database, Canadian Legal Information Institute (CanLii), were identified and surveyed. This purposive sample led to 13 invitations to participate and 12 interviews (92% response rate). Interviews were conducted using a prescribed interview guide. No barriers to the Consent and Capacity Board process were reported. Applications were made when physicians reached an impasse with the family and further treatment was perceived to be "unethical." The most significant challenge reported was the delay when appeals were launched. Appeals extended the process for an indefinite period of time making it so lengthy it negated any perceived benefits of the process. Benefits included that a neutral third party, namely the Consent and Capacity Board, was able to assess best interests. Also, when decisions were timely, further harm to the patient was minimized. Physicians reported this particular approach, namely the Consent and Capacity Board has a mechanism that is worthwhile, patient centred, process oriented, orderly and efficient for resolving end-of-life disputes and, in particular, determining best interests. However, unless the appeal process can be adjusted to respond to the ICU context there is a risk of not serving the best interest of patients. Physicians would recommend framing end-of-life treatment plans in the positive instead of negative, for example, propose palliative care and no escalation of treatment as opposed to withdrawal.

  15. An expert system to manage dispute resolutions in construction projects in Egypt

    Directory of Open Access Journals (Sweden)

    A.A. Elziny

    2016-03-01

    Full Text Available This study attempts to shed a great deal of light on the problem of construction disputes in the Egyptian projects. This paper presents a comprehensive review of the available literature on analysis of disputes. The objective of this paper was to provide an expert system can evaluate the overall dispute settlement procedures at company’s projects. A questionnaire has been used to study dispute sources and resolution methods. Four case study applications have been provided to check the validity of the proposed system. Results confirmed that the most important source of disputes was contract management 74.04%, the second was contract documents 71.49%, the third was financial issues 67.80%, the fourth was project related issues 63.92%, and the lowest one was other sources (such as force majeure 61.58%. Finally, the expert program facilitates dispute resolution by using alternative dispute resolution methods instead of going direct to arbitration or litigation.

  16. Alternative Dispute Resolution ( ADR / ODR and Mitigation of Litigation in the Context of the New Code of Civil Procedure: A Shorter Path to Fair Legal System?

    Directory of Open Access Journals (Sweden)

    Leandro André Francisco Lima

    2016-06-01

    Full Text Available This study addresses the use of Alternative Dispute Resolution (ADR’s methods, owing to the new Civil Law Procedure Code, having as it’s theoretical framework the concept of access to justice as a Right to a fair Law system. It’s asked about the possibilities of using the alternative Online Dispute Resolution (ODR's tools by jurisdiction, provided by the information technology, in order to maximize the effects relating to that Right. The pertinence of this question is glimpsed in view of the broad society accession to the virtual life. It is used the hypothetical-deductive method. The research is theoretical, bibliographical and documentary.

  17. 12 CFR 571.43 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ..., credit standing, credit capacity, character, general reputation, personal characteristics, or mode of... provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security number... information; a police report; a fraud or identity theft affidavit; a court order; or account statements. (e...

  18. 16 CFR 660.4 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ... creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or..., as provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security... information; a police report; a fraud or identity theft affidavit; a court order; or account statements. (e...

  19. 12 CFR 334.43 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ... creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or..., as provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security... information; a police report; a fraud or identity theft affidavit; a court order; or account statements. (e...

  20. 12 CFR 41.43 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ..., credit standing, credit capacity, character, general reputation, personal characteristics, or mode of... provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security Number... information; a police report; a fraud or identity theft affidavit; a court order; or account statements. (e...

  1. 12 CFR 717.43 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ... creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or..., as provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security... information; a police report; a fraud or identity theft affidavit; a court order; or account statements. (e...

  2. 12 CFR 222.43 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ... creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or..., as provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security... information; a police report; a fraud or identity theft affidavit; a court order; or account statements. (e...

  3. Good Faith, Bad Faith? Making an Effort in Dispute Resolution

    Directory of Open Access Journals (Sweden)

    Tania Sourdin

    2013-12-01

    Full Text Available The behaviour of those engaged in negotiation and Alternative Dispute Resolution (ADR processes that are undertaken or required before or after litigation is increasingly the subject of legislative regulation. Recent case law has also more clearly articulated the characteristics of good faith as well as other standards such as 'genuine effort' and explored to a limited extent the behavioural indicators and approaches that could be used to determine the meaning and scope of these types of concepts. Arguably, the growth in mandatory (rather than voluntary ADR may require the articulation of clearer conduct obligations as ADR participants may be disinclined to negotiate or may be relatively unsophisticated or unaware of their negotiation behaviour. This article explores the development of conduct obligations and notes that whilst the requirements need to be linked to the circumstances of each dispute, there are some clear differences in terms of how these requirements are more generally interpreted by lawyers and others.

  4. Book Review: Dispute Resolution and e-Discovery

    Directory of Open Access Journals (Sweden)

    Milton Luoma

    2012-09-01

    Full Text Available Garrie, D.B., & Griver, Y.M., Eds. (2012. Dispute Resolution and e-Discovery. Thomson Reuters Westlaw, 570 pages, ISBN-13: 9780314604484, US$149.00.Reviewed by Milton Luoma, JD, (Milt.Luoma@metrostate.eduAs is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.(see PDF for full review

  5. Dispute over Exxon Valdez cleanup data gets messy

    International Nuclear Information System (INIS)

    Stone, R.

    1993-01-01

    Scientists from NOAA and Exxon dispute whether the Prince William Sound ecosystem is recovering from the Exxon Valdez spill. NOAA scientists claim that the Sound is still staggering from a major ecological blow and that crude oil weathering products are contaminating vast numbers of Alaskan wildlife. Exxon scientists claim that most of the biota of the Sound is returning to full strength and is largely free of oil from the spill. At the heart of the dispute is the technique of hydrocarbon fingerprinting to identify the source of crude. Exxon scientists claim that government scientists do not know how to interpret the data, and that what they claim is contamination from Valdez crude actually comes from other sources, such as diesel soot from the smokestacks of ships used to collect fish for study. NOAA scientists claim that hydrocarbon fingerprinting is an inappropriate method for tracking oil-spill damage to biota, due to the varied ways in which living organisms metabolize petroleum

  6. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  7. Naval power, endogeneity, and long-distance disputes

    Directory of Open Access Journals (Sweden)

    Brian B. Crisher

    2017-02-01

    Full Text Available Does an increase in naval power increase the likelihood of interstate disputes? While volumes have been written on the importance of naval power, we are left with little more than intuition and anecdotal evidence to provide potential answers to this question. Endogeneity issues in particular make it difficult to untangle the links between developing naval power and interstate conflict. Here I present a new instrument for naval power. Utilizing a new dataset of naval power and employing an instrumental variable analysis, I present one of the first large cross-national studies showing a significant link between naval power and a specific type of interstate conflict - non-contiguous disputes. The findings have implications for the future actions of states whose naval strength is growing.

  8. The Role of Symbolic Capital in Stakeholder Disputes

    DEFF Research Database (Denmark)

    Benn, Suzanne; Jones, Richard

    2009-01-01

    This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion with governm......This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion...... and identity. The events of the study highlight the challenges faced by contemporary technoscientific corporations such as chemicals companies as they must deliver on requirements of transparency and openness, while maintaining technoscientific capacity and strong internal identity. We conclude that the study...

  9. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  10. The challenge of reforming the WTO dispute settlement understanding

    OpenAIRE

    Hauser, Heinz; Zimmermann, Thomas A.

    2003-01-01

    Die im Mai 2003 abgelaufene Frist für den Abschluss der Verhandlungen über Verbesserungen und Klarstellungen zum WTO-Übereinkommen über dei Streitschlichtung (Dispute Settlement Understanding; DSU) unter dem Doha-Mandat wurde verfehlt. Die WTO-Mitglieder einigten sich jedoch im Juli 2003 auf eine Verlängerung des Verhandlungsmandates bis Ende Mai 2004. Der vorliegende Beitrag fasst die Verhandlungen zur Überprüfung des Streitschlichtungsverfahrens ("DSU review") kurz zusammen. Die Hauptstreit...

  11. Arctic Sovereignty Disputes: International Relations Theory in the High North

    Science.gov (United States)

    2011-12-01

    Russians continue to retain their long-range strategic bombing fleets, consisting of the TU-160 Supersonic ( Blackjack ), an all-weather aircraft with...icebreakers, and the only operational heavy icebreaker, it is already beyond service life expectations and recently suffered a major engine failure...DISPUTES: INTERNATIONAL RELATIONS THEORY IN THE HIGH NORTH by Darrin D. Davis December 2011 Thesis Co-Advisors: Anne L. Clunan

  12. The dispute between Jonathan Franzen and Oprah Winfrey

    Directory of Open Access Journals (Sweden)

    Nina Bostič

    2008-12-01

    Full Text Available Following the publication of Jonathan Franzen's The Corrections in September 2001, the novel was selected by Oprah's Book Club. Afterwards,  Franzen commented  negatively on the club's  previ­ ous selections, upon which the invitation was withdrawn. The objective of this paper is to investigate the reasons behind Franzen's negative response, the proceeding  media fall-out and the effects of the Winfrey - Franzen dispute.

  13. Softwood Lumber – Some Lessons from the Last Softwood (Lumber IV Dispute

    Directory of Open Access Journals (Sweden)

    Elaine Feldman

    2017-10-01

    Full Text Available The checkered history of softwood lumber disputes between Canada and its southern neighbour stretches back to the 1800s, with five of them occurring since 1982. Two years ago, the settlement obtained in 2006 expired and most Canadian softwood lumber exporters now face a combined countervailing and anti-dumping duty rate from the Americans of around 27 per cent. On the surface, the last dispute, known as Lumber IV, appeared to be a squabble over subsidization and dumping of Canadian softwood lumber exports. However, closer scrutiny revealed that this dispute was really about commercial interests triumphing over policy – the U.S. lumber industry wanted to ensure it kept a certain share of the market at the highest price possible. Complicating attempts to resolve any dispute is the fact that Canada is not a single entity in the lumber business; interest in quota or duties varies across regions as do the countervailing (CVD and anti-dumping (AD rates that the U.S. imposes on particular Canadian producers. These variations thus create almost a divide-and-conquer situation in which one group of producers feels others are getting an advantage. The Canadian industry instead should be standing together as much as possible, creating a united front in any dispute with the U.S. Drafting new policy and resorting to litigation to settle Lumber IV failed because the potential settlement got bogged down by the drawbacks of both of those routes. Policy failed because it quickly became clear that the U.S. was going to act with impunity to determine whether there was a subsidy, regardless of what the trade rules permitted. And litigation created an endless loop in which contradictory rulings were handed back and forth between NAFTA panels and the U.S. International Trade Commission, stalling any resolution. Lumber IV also taught the Canadians that taking their complaints to both NAFTA and the World Trade Organization, which does not order a refunding of wrongly

  14. Alternative Methods of Collective Disputes Resolution in the Czech Republic

    Directory of Open Access Journals (Sweden)

    Hamuľáková Klára

    2016-10-01

    Full Text Available On 11 June 2013, the Commission issued the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning the violations of rights granted under Union law. The main areas where private enforcement of rights granted under Union law in the form of collective redress is of value are consumer protection, competition, environment protection, protection of personal data, financial services legislation and protection of investments. Point 13 of the Recommendation concurrently emphasises that the principles it puts forward relate both to judicial and out-of-court collective redress. The Member States should ensure that judicial collective redress mechanisms are accompanied by appropriate means of collective alternative dispute resolution available to the parties before and throughout the litigation. Point 25 et seq. of the Recommendation then contains special regulations concerning collective alternative dispute resolution and settlements. The purpose of this article is to evaluate if the current legislation on alternative dispute resolution in the Czech Republic meets the principles encompassed in the Recommendation or if radical legal changes need to be adopted.

  15. Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia

    Directory of Open Access Journals (Sweden)

    Zakiyah Zakiyah

    2015-02-01

    Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan  and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor  and the judge not only use legal formal approach but also local norm when giving advice and managing cases.

  16. U.S. verification method disputed

    Science.gov (United States)

    The Association for Women Geoscientists Foundation has established the Chrysalis Scholarship, a $250 grant for women finishing a Masters or Ph.D. degree in an Earth science. Chrysalis is for candidates who have returned to school after an interruption of a year or longer and has no restrictions on use. "We see a winner getting her thesis typed or paying for child care—anything necessary to allow a degree candidate to finish her thesis and enter a geoscience profession," said Vicki Cowart, AWG Foundation president. For information, write to Chrysalis Scholarship, AWG Foundation, c/o Resource Center for Associations, 10200 W. 44th Ave., #304, Wheat Ridge, CO 80033. January 31, 1989, is the deadline to apply for the Chrysalis awards that will be made March 1.

  17. New Law Relating to Family and Medical Leave (1987 Wisconsin Act 287). Information Memorandum 88-13.

    Science.gov (United States)

    Rose, Laura

    This document describes the 1987 Wisconsin Act 287 which concern providing family leave and medical leave to employees. The background of the law is described in the first part of the document. The second part of the document describes the family and medical leave act. These topics are covered: (1) basic provisions of family and medical leave,…

  18. 32 CFR Appendix A to Part 292 - Uniform Agency Fees for Search and Duplication Under the Freedom of Information Act (as Amended)

    Science.gov (United States)

    2010-07-01

    ... PROGRAM DEFENSE INTELLIGENCE AGENCY (DIA) FREEDOM OF INFORMATION ACT Pt. 292, App. A Appendix A to Part... search site, conducting the search and return may be charged as FOIA search costs. General Pre-Printed material, per printed page .02 Office copy, per page .15 Microfiche, per page .25 Aerial Photography...

  19. Clean Air Act : historical information on EPA's process for reviewing California waiver requests and making waiver determinations

    Science.gov (United States)

    2009-01-01

    Emissions from mobile sources, such as automobiles and trucks, contribute to air quality degradation and can threaten public health and the environment. Under the Clean Air Act, the Environmental Protection Agency (EPA) regulates these emissions. The...

  20. 77 FR 61620 - Privacy Act of 1974; Home Equity Reverse Mortgage Information Technology (HERMIT)-Notice of...

    Science.gov (United States)

    2012-10-10

    ... or default. Authority for maintenance of the system: Section 255 of the National Housing Act of 1934... 24x7 security guards including electronic access and surveillance capabilities (CCTV and recorders...

  1. WORKFORCE INVESTMENT ACT: States and Localities Increasingly Coordinate Services for TANF Clients, but Better Information Needed on Effective Approaches

    National Research Council Canada - National Science Library

    2002-01-01

    In 1998, the Congress passed the Workforce Investment Act (WIA) to unify a fragmented employment and training system, requiring states to provide most federally funded employment-rated services through one- stop centers...

  2. The role of health care ADR (alternative dispute resolution) in reducing legal fees.

    Science.gov (United States)

    Joseph, D M

    1995-11-01

    An increasingly complex health care system undergoing rapid changes is an ideal set-up for frequent conflicts among the numerous participants. While conflict is inevitable, the manner in which it is handled can markedly affect the outcome of the dispute and the future relationship of the parties, as well as the emotional and financial cost of the dispute. This article presents an overview of the principles and processes of alternative dispute resolution (ADR), and describes how these processes are currently being used to resolve health care disputes.

  3. Potential of mediation for resolving environmental disputes related to energy facilities

    Energy Technology Data Exchange (ETDEWEB)

    None

    1979-12-01

    This study assesses the potential of mediation as a tool for resolving disputes related to the environmental regulation of new energy facilities and identifies possible roles the Federal government might play in promoting the use of mediation. These disputes result when parties challenge an energy project on the basis of its potential environmental impacts. The paper reviews the basic theory of mediation, evaluates specific applications of mediation to recent environmental disputes, discusses the views of environmental public-interest groups towards mediation, and identifies types of energy facility-related disputes where mediation could have a significant impact. Finally, potential avenues for the Federal government to encourage use of this tool are identified.

  4. Infanticide for handicapped infants: sometimes it's a metaphysical dispute.

    Science.gov (United States)

    Long, T A

    1988-01-01

    Since 1973 the practice of infanticide for some severely handicapped newborns has been receiving more open discussion and defence in the literature on medical ethics. A recent and important argument for the permissibility of infanticide relies crucially on a particular concept of personhood that excludes the theological. This paper attempts to show that the dispute between the proponents of infanticide and their religious opponents cannot be resolved because one side's perspective on the infant is shaped by a metaphysics that is emphatically rejected by the other. In such a situation philosophical argument is powerless to bring about a resolution because there can be no refutation of one side by the other. PMID:2969052

  5. overhauling the national industrial court act: a pathway to effective ...

    African Journals Online (AJOL)

    DJFLEX

    GLOBAL JOURNAL OF SOCIAL SCIENCES VOL 9, NO. 1, 2010: ... PATHWAY TO EFFECTIVE LABOUR DISPUTE SETTLEMENT IN ... For more than four (4) decades, labour ... settlement machinery provides meaningful approach to ..... economy. The National Industrial Court Act 2006 would have very positive effect on our ...

  6. 76 FR 66949 - Privacy Act of 1974; Notification of the Establishment of a Privacy Act System of Records, HUD...

    Science.gov (United States)

    2011-10-28

    ...; billing dispute resolution documentation; reconciliation documents; service level agreements; distribution... records in the system: Storage: All data are stored on the production HIAMS database servers. The data are... HUD Integrated Core Financial System. Exemptions from certain provisions of the Act: None. [FR Doc...

  7. Medical malpractice reform: the role of alternative dispute resolution.

    Science.gov (United States)

    Sohn, David H; Bal, B Sonny

    2012-05-01

    Alternative dispute resolution (ADR) refers to techniques used to resolve conflicts without going to the courtroom. As healthcare and malpractice costs continue to rise, there is growing interest in tactics such as early apology, mediation, and arbitration in the medical arena. (1) Why is ADR needed? (2) Is ADR useful in health care? (3) What are the current legal and political developments favoring ADR? (4) What obstacles remain? We performed MEDLINE, PubMed, and Google Scholar searches with key words "medical malpractice", "ADR", and "alternative dispute resolution" to obtain public policy studies, law review articles, case analyses, ADR surveys, and healthcare review articles. Early apology and disclosure programs report 50% to 67% success in avoiding litigation as well as substantial reductions in the amount paid per claim. Mediation boasts 75% to 90% success in avoiding litigation, cost savings of $50,000 per claim, and 90% satisfaction rates among both plaintiffs and defendants. Arbitration is viewed as less satisfying and less efficient than mediation but still more time- and cost-effective than litigation. The current legal environment is favorable to ADR with recent court decisions upholding pretreatment arbitration clauses. The main obstacle to ADR is the mandatory reporting requirement of the National Practitioner Data Bank (NPDB). ADR has the potential to help reform the current tort system, reducing cost and increasing both parties' satisfaction. Easing the reporting requirements for the NPDB would lead to more widespread acceptance of ADR among physicians.

  8. 78 FR 23885 - Federal Seed Act Program; Request for Extension and Revision of a Currently Approved Information...

    Science.gov (United States)

    2013-04-23

    ... DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-LS-13-0008] Federal Seed...: Agricultural Marketing Service, USDA. ACTION: Request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this document announces the Agricultural Marketing Service's...

  9. Evaluation of online resources on the implementation of the protection of personal information act in South Africa

    CSIR Research Space (South Africa)

    Botha, J

    2015-03-01

    Full Text Available Tube, N.D.), Facebook (Facebook, N.D.), Twitter (Twitter, N.D.) and search engines. These data sources were chosen since it may be the most likely common route individuals will take to gain fundamental understanding of the requirements the PoPI Act places...

  10. SETTLEMENT OF DISPUTES BY JUDGE OR ARBITRATOR - IS THERE ANY DIFFERENCE

    NARCIS (Netherlands)

    BOSCHBOESJES, JE

    1994-01-01

    In a dispute between co-operating parties who cannot cannot come to an agreement, an important question is: who will be approached to give a decision in this dispute: the civil court, arbitrators or a 'bindend adviseur' (i.e. a unpartial third person who gives an absolute ruling). In the Netherlands

  11. The Intertemporal Principle in International Judicial Practice and Its Implications for the South China Sea Dispute

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

    The intertemporal problem demonstrated in the South China Sea dispute is whether UNCLOS supersedes the previous legal order governing the disputed areas during the pre-UNCLOS period. In order to solve this problem, this article will conduct a detailed investigation into relevant international

  12. 42 CFR 422.311 - RADV audit dispute and appeal processes.

    Science.gov (United States)

    2010-10-01

    ... Organizations § 422.311 RADV audit dispute and appeal processes. (a) Risk adjustment data validation (RADV) audits. In accordance with § 422.2 and § 422.310(e), CMS annually conducts RADV audits to ensure risk... 42 Public Health 3 2010-10-01 2010-10-01 false RADV audit dispute and appeal processes. 422.311...

  13. 78 FR 14843 - Temporary Scope Expansion of the Post-Investigation Alternative Dispute Resolution Program

    Science.gov (United States)

    2013-03-07

    ... dialogues that can be used to assist parties in resolving disputes and potential conflicts. These techniques..., and improved relationships between the agency and the other party. On August 14, 1992 (57 FR 36678... enforcement action. In SECY-12-0161, ``Status Update, Tasks Related to Alternative Dispute Resolution in the...

  14. 75 FR 35799 - Notice of Availability of Class Deviation; Disputes Resolution Procedures Related to Enforcement...

    Science.gov (United States)

    2010-06-23

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9166-1] Notice of Availability of Class Deviation; Disputes... provides notice of availability of a Class Deviation from EPA's assistance agreement dispute procedures and... of performance and potential partial or complete cooperative agreement termination, associated with...

  15. 76 FR 52045 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Diamond...

    Science.gov (United States)

    2011-08-19

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning anti-dumping measures... of the World Trade Organization, http://www.wto.org . Comments open to public inspection may be... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...

  16. 78 FR 11725 - WTO Dispute Settlement Proceeding Regarding Indonesia Importation of Horticultural Products...

    Science.gov (United States)

    2013-02-19

    ... (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... report of the Appellate Body, will also be available on the Web site of the World Trade Organization at... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS455] WTO Dispute Settlement...

  17. 77 FR 33015 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-06-04

    ... Establishing the World Trade Organization (``WTO Agreement'') with the Government of India (``India... Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...

  18. 75 FR 23318 - WTO Dispute Settlement Proceeding Regarding Philippines-Taxes on Distilled Spirits

    Science.gov (United States)

    2010-05-03

    ... of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization... established by the World Trade Organization (``WTO'') Dispute Settlement Body on April 20, 2010. USTR invites... available on the Web site of the World Trade Organization, http://www.wto.org . Comments will be placed in...

  19. 78 FR 12414 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Importation of...

    Science.gov (United States)

    2013-02-22

    ... Agreement Establishing the World Trade Organization (AWTO [email protected]). That request may be found at www.wto... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS447] WTO Dispute Settlement...

  20. 77 FR 46788 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duties on...

    Science.gov (United States)

    2012-08-06

    ... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning China... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... TRADE REPRESENTATIVE [Dispute No. WT/DS440/1] WTO Dispute Settlement Proceeding Regarding China...

  1. 78 FR 58378 - WTO Dispute Settlement Proceeding Regarding Anti-Dumping and Countervailing Measures on Large...

    Science.gov (United States)

    2013-09-23

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping and [[Page... available on the Web site of the World Trade Organization, at www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS464] WTO Dispute Settlement...

  2. 77 FR 53959 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    Science.gov (United States)

    2012-09-04

    ... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS444] WTO Dispute Settlement...

  3. 77 FR 2119 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duty Measures...

    Science.gov (United States)

    2012-01-13

    ... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the People's Republic... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS427] WTO Dispute Settlement...

  4. 78 FR 27279 - WTO Dispute Settlement Proceeding Regarding Indonesia-Importation of Horticultural Products...

    Science.gov (United States)

    2013-05-09

    ... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS455] WTO Dispute Settlement...

  5. 77 FR 18296 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-03-27

    ... Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures prohibitions... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...

  6. Multiple territories in dispute : water policies, participation and Mapuce indigenous rights in Patagonia, Argentina

    NARCIS (Netherlands)

    Moreyra, A.

    2009-01-01

    This thesis is about the multiple territories which dispute the shape and control of
    the development of the Trahunco-Quitrahue watershed, at Cerro Chapelko,
    Neuquén province in Argentinean Patagonian. Built into these disputes are the
    struggles of Mapuce peoples -indigenous peoples

  7. 42 CFR 50.404 - What disputes are covered by these procedures?

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false What disputes are covered by these procedures? 50.404 Section 50.404 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS POLICIES OF GENERAL APPLICABILITY Public Health Service Grant Appeals Procedure § 50.404 What disputes are...

  8. 77 FR 61818 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties...

    Science.gov (United States)

    2012-10-11

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS440] WTO Dispute Settlement... under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the... certain automobiles from the United States. That request may be found at www.wto.org in a document...

  9. Dispute resolution in NAFTA and the WTO: a useful guide for SADC ...

    African Journals Online (AJOL)

    In the process of developing, structuring and formalising the mechanism for settlement of trade disputes in the SADC region, the system for the settlement of disputes in both NAFTA and the WTO can serve as a useful guide for SADC and even more so for the African Union. The swift, fair and just settlement of especially ...

  10. 77 FR 19745 - WTO Dispute Settlement Proceeding Regarding United States; Anti-Dumping Measures on Certain...

    Science.gov (United States)

    2012-04-02

    ... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement..., regulations, administrative procedures, practices, and methodologies. That request may be found at www.wto.org... notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures...

  11. Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals

    NARCIS (Netherlands)

    Schill, S.W.; Griller, S.; Obwexer, W.; Vranes, E.

    2017-01-01

    This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement assumes a pivotal role in trade and investment

  12. 75 FR 7469 - Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date...

    Science.gov (United States)

    2010-02-19

    ... List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date for Applications for Panel Member List for Hydropower Licensing Study Dispute Resolution February 4, 2010. On October... on a list of resource experts willing to serve as a third panel member in the Commission's hydropower...

  13. An Overview of the Effective Use of Alternative Dispute Resolution in Education

    Science.gov (United States)

    Fowler, Gerard A.

    2006-01-01

    This article presents a brief overview of the current forms of alternative dispute resolution available in educational settings, along with insight into their development and success. In this article, I assess the influence of early alternative dispute resolution procedures in terms of their relevance to the settlement of conflicts within schools…

  14. Reducing legal fees in medical group practices. The role of health care alternative dispute resolution.

    Science.gov (United States)

    Joseph, D M

    1995-01-01

    Conflict is a growth industry, particularly in an increasingly complex health care system. Litigation is the most common, and most costly, method of settling health care disputes. Highly adversarial, the process of litigation often generates as much, if not more, hostility than the original dispute. In addition, satisfaction with the outcome is very low. The challenge that has arisen is to manage the conflicts so that the underlying needs and interests of all the parties can best be met. Often the techniques and processes of alternative dispute resolution (ADR) can be successfully used in resolving these sorts of conflicts quickly, cheaply and with greater satisfaction for all parties. Various applications of ADR are currently being used or tested in a variety of health care disputes in the United States and Canada. Tremendous success has been achieved in mediating medical malpractice claims, medical staff disputes, economic credentialing conflicts, insurer relations issues and denial of coverage disputes. Professional relations and departmental staff disputes, partnership and employee conflicts, and organizational disputes within clinics, HMOs and large group practices have all been found particularly amenable to ADR. These are all situations in which everyone benefits from quick, non-hostile resolutions and on-going relationships can continue.

  15. Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

    Science.gov (United States)

    Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

    2015-01-01

    This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

  16. [The Patient Rights Act (PatRG)--part 1: legislative procedure, treatment contract, contracting parties and their obligations to cooperate and inform].

    Science.gov (United States)

    Parzeller, Markus; Zedler, Barbara

    2013-01-01

    The article deals with the new regulations in the German Civil Code (BGB) which came into effect in Germany on 26 Feb 2013 as the Patient Rights Act (PatRG). In Part I, the legislative procedure, the treatment contract and the contracting parties (Section 630a Civil Code), the applicable regulations (Section 630b Civil Code) and the obligations to cooperate and inform (Section 630c Civil Code) are discussed and critically analysed.

  17. 75 FR 31699 - Indian Self-Determination Act Contracts and Annual Funding Agreements-Appeal Procedures

    Science.gov (United States)

    2010-06-04

    ... Indian Self-Determination Act Contracts and Annual Funding Agreements--Appeal Procedures AGENCIES: Bureau... Contract Disputes Act, 41 U.S.C. 601-613. Effective January 6, 2007, Congress abolished the Interior Board... technical amendments to their joint regulations governing contracts and annual funding agreements under the...

  18. THE GORONTALO RELIGIOUS COURT JUDGES RESPONSE TOWARD THEIR ABSOLUTE COMPETENCE IN RESOLVING SHARIAH ECONOMY DISPUTES

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

    Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.

  19. A revisit on the current practice of dispute resolution and ADR in the Malaysian construction industry

    Directory of Open Access Journals (Sweden)

    Mohd Suhaimi Mohd Danuri

    2012-06-01

    Full Text Available The current dispute resolution procedures available in the Malaysian construction industry are mainly litigation and arbitration. In addition, the alternative dispute resolutions (ADR, namely mediation and adjudication, have also been introduced as the other methods for resolving disputes. The objective of this study is to examine the current practice of dispute resolution and ADR available in the Malaysian construction industry. The aim of this paper is two-fold: to report the current practice of dispute resolution and ADR, and identify the attributes of successful implementation of both mechanisms based on the perceptions of the Malaysian construction industry players. From the jurisprudence point of view, this study looks into the law as it is, in relation to the current practice of dispute resolution and ADR, by showing how those findings can be used to explain why improvement is needed to promote a successful and well received dispute resolution and ADR, and what lessons can be learnt, towards the formulation of a more viable methods for the Malaysian construction industry. NVivo software has been used to manage and organise the complete interview transcripts and facilitate the data analysis process for this study. Literature review reveals a continuous development of dispute resolution and ADR in the Malaysian construction industry, while, globally the industry has not only embraced ADR but also spearheaded the development of innovative forms of dispute avoidance mechanism. The findings of interviews show that locally, apart from litigation, the common types of ADR are arbitration, mediation and ad hoc mechanism. The findings also lead to the discovery of the following attributes: faster, less procedural, cost effective and enforceable; regulation and government's support; professionalism and ethic; training; and facility, that may promote a successful implementation of dispute resolution and ADR in Malaysia.

  20. 76 FR 30987 - Termination of Action and Further Monitoring in Connection With the EC-Beef Hormones Dispute

    Science.gov (United States)

    2011-05-27

    ... Connection With the EC-Beef Hormones Dispute AGENCY: Office of the United States Trade Representative. ACTION... Hormones dispute. In January 2009, the Trade Representative announced a determination to modify the list of...) in the EC-Beef Hormones dispute. The MOU provides for the EU to make phased increases in market...

  1. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    Science.gov (United States)

    2010-10-28

    ... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...

  2. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-01-12

    ... business to consumer cross-border electronic commerce disputes. The Working Group has been considering, inter alia, ODR procedural rules for resolution of cross-border electronic commerce disputes. For the... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group Meeting The Office of Private...

  3. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-04-26

    ... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...

  4. 41 CFR 102-38.315 - Are we required to use Alternative Disputes Resolution for sales contracts?

    Science.gov (United States)

    2010-07-01

    ... Alternative Disputes Resolution for sales contracts? 102-38.315 Section 102-38.315 Public Contracts and... required to use Alternative Disputes Resolution for sales contracts? No, you are not required to use Alternative Disputes Resolution (ADR) for sales contracts. However, you are encouraged to use ADR procedures...

  5. Quantitative Framework to Evaluate Alternative Dispute Resolution Investments in Architecture Engineering and Construction Projects Using Option and Real Option Theory

    Science.gov (United States)

    Menassa, Carol Chukri

    2009-01-01

    A project-specific dispute resolution ladder (DRL) typically consists of multiple alternative dispute resolution (ADR) techniques that are chosen to assist in mitigating the impact of change orders and claims (CCO) occurring during the project construction phase, and avoid their escalation to protracted disputes that adversely affect a…

  6. Legal transformations of business disputes in post-soviet Ukraine

    Directory of Open Access Journals (Sweden)

    Tatiana Kyselova

    2011-10-01

    Full Text Available This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh, but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.

  7. Decolonizing bodies and emotions: a dispute with the expropriatory reason

    Directory of Open Access Journals (Sweden)

    Rebeca Beatriz Cena

    2015-02-01

    Full Text Available The current issue of the Latin American Journal of Studies on Bodies, Emotions and Society (RELACES entitled “Decolonizing bodies and emotions: a dispute with the expropriatory reason” gathers a series of articles framed within those problematizations which, from different approaches (the ways of feeling beauty and body aesthetics; the pain of “victims” of human rights; the different ways to conceive health and “the medicinal”; the conceptions of precarity; the shapes adopted by individual and social fear, and breaks as ways of regulating emotions in present capitalism, analyze the assumptions of the western reason as the reason par excellence.       

  8. Territorial disputes, identity conflicts, and violence in surfing

    Directory of Open Access Journals (Sweden)

    Marília Martins Bandeira

    2014-03-01

    Full Text Available Aggressive manifestations of localism are a current concern among surfers and are becoming well known as a result of specialized media. The objective of this paper was to investigate this phenomenon through the examination of a specific case and empirical fieldwork that was conducted for an ethnography of São Paulo surfers. The data were obtained via participant observations and open interviews. The results indicate that conflicts generally begin as disputes over the best waves. Surfing has a general rule of "wave priority criteria," based on spatial positioning. However, this universal rule may be intentionally broken depending on surfers' sociability. Ethnic and class differences based on historical processes can exist in oppositional relationships among surfers and are manifested by categories of accusation or identity (in São Paulo's case, local, haole, roots,prego,and playboy. However, this category attribution is contextual and interchangeable because surfers circulate between groups and beaches while searching for waves.

  9. A guide to public engagement and appropriate dispute resolution

    Energy Technology Data Exchange (ETDEWEB)

    Jonsson, C.

    2006-10-15

    This guide was developed to help oil and gas companies operating in British Columbia to understand what tools are available to them when entering a public engagement process. It describes the BC Oil and Gas Commission's (OGC's) expectations regarding public engagement and appropriate dispute resolutions (ADR) associated with applications for oil and gas exploration, development and production in the province. The OGC's comprehensive application review process is designed to balance environmental, economic and social factors. The public engagement process is intended to allow the public to express concerns about how proposed oil and gas operations may affect them. This document also emphasized the government's responsibility to consult with First Nations on their treaty rights. The guide presented key concepts and best practices in the public engagement process and explained how to engage participants before, during and after application decisions are made. The OGC may impose conditions on the applicant to mitigate concerns of the affected public. The concerns typically range from noise of oil and gas machinery; air pollution; concern for health and safety; traffic control; water quality; and, aesthetics. A table of possible mitigative measures to these concerns was presented to demonstrate some options that may be used by industry and the affected public in resolving issues related to oil and gas activities. The OGC promotes the independent resolution of concerns. However, if conflicts exist, the OGC encourages participants to use appropriate dispute resolution (ADR) to help resolve any differences. Although participation in ADR is voluntary, its use allows affected parties to gain a sense of ownership over the proceedings and outcomes. In addition to being less costly than legal proceedings, ADR can lead to win-win outcomes, improve relationships and lead to more routine applications for oil and gas activities. refs., tabs., figs.

  10. 77 FR 76356 - Privacy of Consumer Financial Information Under Title V of the Gramm-Leach-Bliley Act

    Science.gov (United States)

    2012-12-28

    ... information to market to me.'' A financial institution that chooses to offer an opt-out for joint marketing... institutions to jointly market to me.'' (h) Barcodes. A financial institution may elect to include a barcode...: ``[name of financial institution] doesn't jointly market''; or (ii) If it shares personal information for...

  11. Resolution of a disputed albendazole result in the UK Official Control System - time for more guidance?

    Science.gov (United States)

    Walker, Michael; Gray, Kirstin; Hopley, Christopher; Mussell, Christopher; Clifford, Louise; Meinerikandathevan, Jayanie; Firpo, Leonardo; Topping, Joanna; Santacruz, Daniel

    2017-04-01

    Albendazole, one of the benzimidazole anthelmintics, is used in ruminants and has maximum residue limits in muscle, fat and other tissue owing to reported teratogenicity. Albendazole is extensively metabolised in domestic animals and humans with rapid conversion to a sulphoxide and subsequently sulphone and amino sulphone metabolites. Sulphoxide metabolites are responsible for the systemic biological activity of benzimidazole drugs. Herein we report a case of disputed results for albendazole in a consignment sampled at import in which the Official Analyst certified against the consignment for excess albendazole. A laboratory acting for the importer reported data below the MRL, including a finding of the parent drug which is not included in the residue definition. The Government Chemist has a statutory duty as a route of technical appeal in the UK Official Food Control system and the case was referred for referee analysis. We report our findings based on a LC-MS/MS method, which confirmed the official findings, did not reveal the presence of the parent drug but identified hot spots of albendazole marker residues in the consignment. We discuss the need for recommendations on official sampling at import and interpretation of results.

  12. Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests

    Directory of Open Access Journals (Sweden)

    Олег Степанович Ткачук

    2016-06-01

    Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure

  13. Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

  14. THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION

    Directory of Open Access Journals (Sweden)

    Sri Praptianingsih

    2017-06-01

    Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.

  15. Report: Cybersecurity Act of 2015 Report - EPA’s Policies and Procedures to Protect Systems With Personally Identifiable Information

    Science.gov (United States)

    Report #16-P-0259, August 10, 2016. The EPA has 30 systems that contain sensitive PII. Safeguarding information and preventing system breaches are essential for ensuring the EPA retains the trust of the American public.

  16. Report: Cybersecurity Act of 2015 Report - CSB’s Policies and Procedures to Protect Systems With Personally Identifiable Information

    Science.gov (United States)

    Report #16-P-0254, August 1, 2016. CSB has one system that contains sensitive PII. Safeguarding such information in the possession of the government and preventing its breach is essential to ensuring CSB retains the trust of the American public.

  17. 29 CFR 102.117 - Freedom of Information Act Regulations: Board materials and formal documents available for public...

    Science.gov (United States)

    2010-07-01

    ... National Archives and Records Administration's General Records Schedule 14. Records will not be disposed of... data brokers or others who merely compile and market government information for direct economic return...

  18. Chemical Safety Information, Site Security and Fuels Regulatory Relief Act: Public Distribution of Off-Site Consequence Analysis Information Fact Sheet

    Science.gov (United States)

    Based on assessments of increased risk of terrorist/criminal activity, EPA and DOJ have issued a rule that allows public access to OCA information in ways that are designed to minimize likelihood of chemical accidents and public harm.

  19. Cross-Border Litigation and ADR Mechanisms in Disputes Concerning Mobile Computing in the EU

    DEFF Research Database (Denmark)

    Savin, Andrej

    2011-01-01

    The aim of this paper is to discuss briefly how the EU rules on jurisdiction, choice of law and alternative dispute resolution in civil and commercial matters operate in the context of mobile computing. The article first looks at rules on jurisdiction in commercial disputes, both between businesses...... and between businesses and consumers. It then discusses the choice-of-law issues applicable to mobile computing. Finally, there is an examination of alternative dispute resolution as an alternative to regular courts in transactions involving mobile computing....

  20. Alternative dispute resolution: methods to address workplace conflict in health services organizations.

    Science.gov (United States)

    DeSouza, J R

    1998-01-01

    As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.

  1. 75 FR 81639 - Renewal of Agency Information Collection for No Child Left Behind Act Implementation; Request for...

    Science.gov (United States)

    2010-12-28

    ... established AYP definition or standards. Tribes/school boards may provide evidence that BIE made an error in... submit information to BIE to apply for funds in the event of an emergency or unforeseen contingency. 25.... This part contains the requirements for developing local educational financial plans in order to...

  2. 75 FR 38526 - Office of Consumer Information and Insurance Oversight: Privacy Act of 1974; Report of a New...

    Science.gov (United States)

    2010-07-02

    .... Office of Personnel Management, the U.S. Department of Agriculture's National Finance Center (NFC), and... birth, Social Security Number (SSN), gender, state of residence, information about prior coverage... residential address (if different than the mailing address), date of birth, Social Security Number (if the...

  3. 32 CFR Appendix A to Part 197 - Explanation of Freedom of Information Act (5 U.S.C. 552) Exemptions

    Science.gov (United States)

    2010-07-01

    ... of a right to a fair trial or impartial adjudication; could reasonably be expected to constitute an... information; (c) Intelligence activities (including special activities), intelligence sources or methods, or...; (e) Scientific, technological, or economic matters relating to the national security, which includes...

  4. The Mini-Trial: A Valuable Alternative Dispute Resolution Tool for the United States Navy

    National Research Council Canada - National Science Library

    Morgan, Steven

    1997-01-01

    In order to avoid unnecessary, time consuming, and costly litigation, the Department of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR...

  5. World Trade Organization: U.S. Experience in Dispute Settlement System: The First Five Years

    National Research Council Canada - National Science Library

    2000-01-01

    ... of multilateral trade rules. In addition, the Uruguay Round agreements established a new dispute settlement system, replacing that under the General Agreement on Tariffs and Trade, the predecessor to the WTO...

  6. Dejavniki uspešnosti mediacije v sodnih sporih = Factors of Mediation Success in Court Disputes

    Directory of Open Access Journals (Sweden)

    Roberto Biloslavo

    2009-09-01

    Full Text Available A massive decrease in successful mediation procedures at the AlternativeDispute Resolution Department at the District Court in Ljubljanaraises the question of what its causes are. To recognize factorsthat contribute to a successful mediation we did qualitative researchon a sample of nine mediators. It was determined in the research thatthe mediators believe that the factors which greatly influence the decreasein successfulness in mediation procedures are: the manner ofrealization of mediation procedure, phase in which the dispute shouldbe solved with mediations, role of the judge in the phase of startingmediation, suitability of dispute for mediation, possibility to choose amediator, mediator himself, use of method for dispute resolution, separateand joint sessions and payability of mediation procedure. In conclusion,we present guidelines and proposals according to researchfindings.

  7. FORMS AND MECHANISMS OF LAW DISPUTE RESOLUTION USING THE PRINCIPLE OF PANCASILA BASED ON LOCAL WISDOM

    Directory of Open Access Journals (Sweden)

    Muhammad Taufiq

    2016-01-01

    Full Text Available Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.

  8. Dispute resolution: the use of arbitration in the credit card industry

    OpenAIRE

    Olivier André

    2009-01-01

    The fine print in most credit card agreements states that any dispute with a credit card issuer must be resolved through arbitration. The author lays out potential advantages and disadvantages for the consumer.

  9. Kant's disputation of 1770: the dissertation and the communication of knowledge in early modern Europe.

    Science.gov (United States)

    Chang, Kevin

    2007-06-01

    Kant's disputation of 1770 at his inauguration as the metaphysics professor at Königsberg is a good example of the nature of the early modern dissertation and its use as a means of communicating knowledge. The public disputation played an important part in the teaching, examination, publication and ceremonial life of the medieval university. Originally prepared as a text for the public disputation, the dissertation communicated the teachings of individual scholars and institutions and was used by eminent early modern scholars to introduce their ideas and findings. Kant's use of his 1770 disputation also reveals the different channels of communication, both private and public, that paid close attention to knowledge published in dissertations.

  10. Intrinsic Factors Influencing Decision making of Arbitrators in Dispute Resolution of variation Claims

    Science.gov (United States)

    Iyer, K. C.; Chaphalkar, N. B.; Patil, Smita K.

    2018-06-01

    Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process involves detailed and through analysis of facts and evidences related to the case before arriving at the final decision. These facts and evidences have been explored by researchers to develop dispute resolution mechanisms. As a part of the research, the present work identifies the factors which influence the decision making of arbitrators in resolving disputes through a case study of 72 arbitration awards and settled court cases related to Indian construction contracts. This work further seeks consensus for the identified factors from experts and also ranks the factors based on their importance with the help of the responses obtained through a questionnaire survey and statistical tests.

  11. Dispute settlement in international space law : a multi-door courthouse for outer space

    NARCIS (Netherlands)

    Goh, Gérardine Meishan

    2007-01-01

    The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a

  12. Nationalism: The Media, State, and Public in the Senkaku/Diaoyu Dispute

    Science.gov (United States)

    2015-03-01

    Spratly Islands Dispute Brunei, China, Malaysia , Philippines, Taiwan, and Vietnam all claim sovereignty over a group of islands, rocks, and reefs in the...South China Sea, known internationally as the Spratly islands. Brunei, Malaysia , Philippines, and Vietnam claim only a portion, while China and...continued its attempt to manage both domestic support and negative consequences over the dispute. In March, the Diet adopted a resolution on the SDI

  13. The Gorontalo Religious Court Judges Response Toward Their Absolute Competence in Resolving Shariah Economy Disputes

    OpenAIRE

    Mardiana, Andi; Darwis, Rizal

    2015-01-01

    Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and docum...

  14. The Dubai Approach as a New Resolution System for Islamic Finance Dispute Cases

    OpenAIRE

    Kawamura, Ai

    2013-01-01

    This paper aims to clarify the new dispute resolution system for Islamic finance by examining its relationship with the conventional dispute resolution systems. Islamic finance has been developing rapidly and has expanded its presence in the Gulf region, especially in the United Arab Emirates (UAE). At the same time, special regulations and legislations were established in order to maintain the stability of this market. There have been discussions around how Islamic financial cases being hand...

  15. Can risk communication provide assistance in nuclear energy disputes?

    International Nuclear Information System (INIS)

    Meadd, Ellen

    2001-01-01

    The continued use of nuclear technology in Canada appears to he limited by a lack of public acceptance of fuel waste disposal strategies. The outcome of the recent environmental assessment process conducted on the deep geological disposal concept bears-out this point. A brief review of transcripts from the he public hearing portion of this process indicates that public sentiment on the issue includes anti-nuclear attitudes and concern over equity, safety, and trust. This paper discusses Canadian sentiment on the issue and suggests that it is in line with public views on similar issues in other nations. The field of risk communication has played a significant role in understanding the root causes of public opposition. This paper suggests that the field is well-placed to play an expanded role in resolving the issues underlying public concerns, (e.g., lack of trust, public disenfranchisement with the decision making process); however, this is a supportive role. It is suggested that broad-based involvement, commitment, and collaboration among all stake holders in this dispute are necessary if improvement is to be achieved. (author)

  16. Economic analysis of certain legal solutions in the Draft Mediation Act

    Directory of Open Access Journals (Sweden)

    Mojašević Aleksandar

    2014-01-01

    Full Text Available The Mediation Act has been applied in the Republic of Serbia since 2005. In the past period, the application of this Act has pointed out to a number of drawbacks and deficiencies in the system of resolving disputes through mediation. The dominant features of the current mediation system are some inadequate legal solutions, poor organization and insufficient preparation of the courts to internalize mediation, failure to provide relevant information about mediation to litigants and other participants in the judicial process, insufficient judicial training and education of lawyers and parties on mediation and other ADR methods, etc. Considering that the primary purpose of mediation is to diminish the litigation caseload and reduce the costs of court proceedings, the basic goal of introducing mediation into the Serbian legal system has not been accomplished. In order to improve the mediation system, the Serbian authorities launched a public debate in 2010 on designing a new legislative act which would eliminate the shortcomings of previous act and improve the efficiency of mediation. After nearly four years, the extensive debate and confrontation of different mediation concepts led to adopting a new Draft Mediation Act in 2013. As compared to the applicable 2005 Mediation Act, the Draft Mediation Act contains some innovations, such as the enforceability of a mediation agreement under specific conditions and the opportunity of introducing mandatory mediation in some cases. In this paper, the author analyzes the above issues on the basis of findings of economic theory and the results of the empirical study on the efficiency of mediation in Serbia in civil matters. In this context, the author argues that the achievement of the above objectives (to reduce the caseload and legal costs] calls for establishing a sustainable mediation system. In addition to instituting good legal solutions (such as mandatory mediation], the system should be supported by

  17. Divided parents, shared children
    Conflicting approaches to relocation disputes in the USA

    Directory of Open Access Journals (Sweden)

    Theresa Glennon

    2008-06-01

    Full Text Available Custody relocation disputes pose intractable dilemmas for courts in a highly mobile society. The custodial parent, most often a woman, seeks self-determination, freedom of movement and a continued custodial relationship with the child. The non-custodial parent seeks to preserve a geographically close relationship with the child. Courts must identify the best interests of the children amidst these multiple and conflicting interests. They make decisions that may determine the course of custodial parents’ lives, affecting remarriage, employment, education, and proximity to family. A narrow doctrinal focus on children’s best interests ignores these key aspects of relocation disputes. This article examines the varied legislative and judicial approaches to relocation disputes in the US and proposed principles for resolution of these disputes. It reviews scholarship analyzing relocation disputes from a wide range of perspectives, including: conflicting social science research; competing ideologies of the post-divorce family; alternative dispute resolution; parents’ constitutional rights; domestic violence victims; and proposals to eliminate geographic presumptions and remedy the economic effect of restraints on relocation. Relocation doctrine in the US should be realigned to address these complex perspectives. States should also assist post-divorce families to support children through the common experience of relocation.

  18. Act local, think global: how the Malawi experience of scaling up antiretroviral treatment has informed global policy

    Directory of Open Access Journals (Sweden)

    Anthony D. Harries

    2016-09-01

    Full Text Available Abstract The scale-up of antiretroviral therapy (ART in Malawi was based on a public health approach adapted to its resource-poor setting, with principles and practices borrowed from the successful tuberculosis control framework. From 2004 to 2015, the number of new patients started on ART increased from about 3000 to over 820,000. Despite being a small country, Malawi has made a significant contribution to the 15 million people globally on ART and has also contributed policy and service delivery innovations that have supported international guidelines and scale up in other countries. The first set of global guidelines for scaling up ART released by the World Health Organization (WHO in 2002 focused on providing clinical guidance. In Malawi, the ART guidelines adopted from the outset a more operational and programmatic approach with recommendations on health systems and services that were needed to deliver HIV treatment to affected populations. Seven years after the start of national scale-up, Malawi launched a new strategy offering all HIV-infected pregnant women lifelong ART regardless of the CD4-cell count, named Option B+. This strategy was subsequently incorporated into a WHO programmatic guide in 2012 and WHO ART guidelines in 2013, and has since then been adopted by the majority of countries worldwide. In conclusion, the Malawi experience of ART scale-up has become a blueprint for a public health response to HIV and has informed international efforts to end the AIDS epidemic by 2030.

  19. Act local, think global: how the Malawi experience of scaling up antiretroviral treatment has informed global policy.

    Science.gov (United States)

    Harries, Anthony D; Ford, Nathan; Jahn, Andreas; Schouten, Erik J; Libamba, Edwin; Chimbwandira, Frank; Maher, Dermot

    2016-09-06

    The scale-up of antiretroviral therapy (ART) in Malawi was based on a public health approach adapted to its resource-poor setting, with principles and practices borrowed from the successful tuberculosis control framework. From 2004 to 2015, the number of new patients started on ART increased from about 3000 to over 820,000. Despite being a small country, Malawi has made a significant contribution to the 15 million people globally on ART and has also contributed policy and service delivery innovations that have supported international guidelines and scale up in other countries. The first set of global guidelines for scaling up ART released by the World Health Organization (WHO) in 2002 focused on providing clinical guidance. In Malawi, the ART guidelines adopted from the outset a more operational and programmatic approach with recommendations on health systems and services that were needed to deliver HIV treatment to affected populations. Seven years after the start of national scale-up, Malawi launched a new strategy offering all HIV-infected pregnant women lifelong ART regardless of the CD4-cell count, named Option B+. This strategy was subsequently incorporated into a WHO programmatic guide in 2012 and WHO ART guidelines in 2013, and has since then been adopted by the majority of countries worldwide. In conclusion, the Malawi experience of ART scale-up has become a blueprint for a public health response to HIV and has informed international efforts to end the AIDS epidemic by 2030.

  20. [Civil competence assessment of the mental disorders involved in contract dispute].

    Science.gov (United States)

    Zhang, Qin-Ting; Pang, Yan-Xia; Cai, Wei-Xiong; Tang, Tao; Wang, Jian-Jun

    2009-04-01

    To search the criteria for evaluating the civil competence of the mental disorders involved in contract dispute. Data on the interviewee's mental status and the forensic expertise were collected retrospectively. And 6 indexes were selected and graded: awareness of situation, factual understanding of issues, appreciation of likely consequences, rational manipulation of information, functioning in one's own environment and communication of choice. All of the data were analyzed by SPSS. Fifty six cases were included and interviewee's civil competence was graded to three levels: full civil competence, diminished civil competence, and no civil competence. These cases included two types of contract: the real estate related contract (38 cases) and the labor related contract (14 cases). All of the 6 indexes were well correlated to the forensic expertise. The related coefficient was from 0.703 to 0.834, and the interrelated coefficient of the 6 items was also high, from 0.712 to 0.877. It is feasible to divide the civil competence of the mental disorders into three grades. As the basis, these 6 indexes mentioned above are representative and can be applied in further standardized and quantified assessment of civil competence.

  1. Forensic Art History: the Ädel Painting Dispute 1839-1841

    Directory of Open Access Journals (Sweden)

    Ingalill Nyström

    2018-03-01

    Full Text Available This article concerns a 19th century dispute about twenty pieces of decorated furniture painted by the 19th century painter Anders Erik Ädel (1809-1888 from Söderhamn, Hälsingland, Sweden. Ädel is considered to be one of the foremost painters in Hälsingland. His art works - painted furniture and interiors - are displayed in museums and can also be found in the Decorated Farmhouses of Hälsingland, UNESCO World Heritage. In 1839, Ädel accused his client, the farmer Erik Olofsson, in court of having paid too little for the objects he had painted as he had used more pigments than those for which he had been paid. Almost 180 years later scientific methods combined with historic source research were used to understand what pigments Ädel actually used. Through this study we demonstrate how multidisciplinary collaboration between sciences and humanities can contribute to deeper knowledge and new interpretations. The scientific analyses were preceded by analyses of the judicial protocols found. Non-invasive analyses using XRF instruments were conducted in situ, supplemented by other spectroscopic methods in the lab. The judicial protocols give an insight into what pigments Ädel had access to, and when combined with the scientific analyses, this information provides historic evidence of the artist's materials and painting technique.

  2. Simulating Water Resource Disputes of Transboundary River: A Case Study of the Zhanghe River Basin, China

    Science.gov (United States)

    Yuan, Liang; He, Weijun; Liao, Zaiyi; Mulugeta Degefu, Dagmawi; An, Min; Zhang, Zhaofang

    2018-01-01

    Water resource disputes within transboundary river basin has been hindering the sustainable use of water resources and efficient management of environment. The problem is characterized by a complex information feedback loop that involves socio-economic and environmental systems. This paper presents a system dynamics based model that can simulate the dynamics of water demand, water supply, water adequacy and water allocation instability within a river basin. It was used for a case study in the Zhanghe River basin of China. The base scenario has been investigated for the time period between 2000 and 2050. The result shows that the Chinese national government should change the water allocation scheme of downstream Zhanghe River established in 1989, more water need to be allocated to the downstream cities and the actual allocation should be adjusted to reflect the need associated with the socio-economic and environmental changes within the region, and system dynamics improves the understanding of concepts and system interactions by offering a comprehensive and integrated view of the physical, social, economic, environmental, and political systems.

  3. Use of mediation to resolve the dispute over low-head hydroelectric development at Swan Lake

    Energy Technology Data Exchange (ETDEWEB)

    O' Connor, D.

    1980-08-01

    In 1978, the Maine Hydroelectric Development Corporation announced that the company planned to renovate five dams on the Goose River near Belfast, Maine to generate electricity. The most important part of the plan involved the use of the first of the dams, at the lower end of Swan Lake, to regulate the flow of water to the downstream dams. For Maine Hydro, management of the Swan Lake dam could make an otherwise marginal proposal lucrative. However, Swan Lake is vitally important to the residents of Swanville. The town was so concerned about the impact of this proposed hydroelectric project that it petitioned the Federal Energy Regulatory Commission (FERC) to deny Maine Hydro's application on the grounds that it would damage the environment, reduce property values and eliminate recreational opportunities for its citizens. This report was written by the mediator of the dispute and represents the views and behavior of the parties as the mediator understood them. It is intended to present the mediator's observations in a way which will inform and assist others who may someday face a difficult situation like the one the Town of Swanville and Maine Hydroelectric Development Corporation faced, and successfully resolved, in the spring and summer of 1979.

  4. Views of the Child Reports: Hearing Directly from Children Involved in Post-Separation Disputes

    Directory of Open Access Journals (Sweden)

    Rachel Birnbaum

    2017-09-01

    Full Text Available Views of the Child reports are being increasingly used in Canada and other countries as a means of directly obtaining the child’s perspective on disputes between their parents and/or guardians. The reports provide information about the child’s perspective based on one or more interviews with a social worker. Yet, little research exists about their use and impact, the benefits and limitations of the approach, and less about what factors need to be considered in establishing practices and protocols to safely advance children’s views before the court. This article draws on the direct experiences of 24 children between the ages of 6–17 years about their views and preferences during family breakdown. The children describe how they wanted to speak to someone about their views and preferences, raised questions about the accuracy of the reporting of their views, the need for protecting their confidentiality by having a say of what is included in the report, and their support for children’s participation in decision-making post-separation. Practice, research and policy considerations are also highlighted in order for children’s participation to be truly meaningful to them, their parents and the courts.

  5. Regional governance: strategies and disputes in health region management

    Directory of Open Access Journals (Sweden)

    Adriano Maia dos Santos

    2014-08-01

    Full Text Available OBJECTIVE To analyze the regional governance of the health systemin relation to management strategies and disputes. METHODOLOGICAL PROCEDURES A qualitative study with health managers from 19 municipalities in the health region of Bahia, Northeastern Brazil. Data were drawn from 17 semi-structured interviews of state, regional, and municipal health policymakers and managers; a focus group; observations of the regional interagency committee; and documents in 2012. The political-institutional and the organizational components were analyzed in the light of dialectical hermeneutics. RESULTS The regional interagency committee is the chief regional governance strategy/component and functions as a strategic tool for strengthening governance. It brings together a diversity of members responsible for decision making in the healthcare territories, who need to negotiate the allocation of funding and the distribution of facilities for common use in the region. The high turnover of health secretaries, their lack of autonomy from the local executive decisions, inadequate technical training to exercise their function, and the influence of party politics on decision making stand as obstacles to the regional interagency committee’s permeability to social demands. Funding is insufficient to enable the fulfillment of the officially integrated agreed-upon program or to boost public supply by the system, requiring that public managers procure services from the private market at values higher than the national health service price schedule (Brazilian Unified Health System Table. The study determined that “facilitators” under contract to health departments accelerated access to specialized (diagnostic, therapeutic and/or surgical services in other municipalities by direct payment to physicians for procedure costs already covered by the Brazilian Unified Health System. CONCLUSIONS The characteristics identified a regionalized system with a conflictive pattern of

  6. Confidence in Alternative Dispute Resolution: Experience from Switzerland

    Directory of Open Access Journals (Sweden)

    Christof Schwenkel

    2014-06-01

    Full Text Available Alternative Dispute Resolution plays a crucial role in the justice system of Switzerland. With the unified Swiss Code of Civil Procedure, it is required that each litigation session shall be preceded by an attempt at conciliation before a conciliation authority. However, there has been little research on conciliation authorities and the public's perception of the authorities. This paper looks at public confidence in conciliation authorities and provides results of a survey conducted with more than 3,400 participants. This study found that public confidence in Swiss conciliation authorities is generally high, exceeds the ratings for confidence in cantonal governments and parliaments, but is lower than confidence in courts.Since the institutional models of the conciliation authorities (meaning the organization of the authorities and the selection of the conciliators differ widely between the 26 Swiss cantons, the influence of the institutional models on public confidence is analyzed. Contrary to assumptions based on New Institutional-ism approaches, this study reports that the institutional models do not impact public confidence. Also, the relationship between a participation in an election of justices of the peace or conciliators and public confidence in these authorities is found to be at most very limited (and negative. Similar to common findings on courts, the results show that general contacts with conciliation authorities decrease public confidence in these institutions whereas a positive experience with a conciliation authority leads to more confidence.The Study was completed as part of the research project 'Basic Research into Court Management in Switzerland', supported by the Swiss National Science Foundation (SNSF. Christof Schwenkel is a PhD student at the University of Lucerne and a research associate and project manager at Interface Policy Studies. A first version of this article was presented at the 2013 European Group for Public

  7. Barriers to delivering mental health services in Georgia with an economic and financial focus: informing policy and acting on evidence.

    Science.gov (United States)

    Sulaberidze, Lela; Green, Stuart; Chikovani, Ivdity; Uchaneishvili, Maia; Gotsadze, George

    2018-02-13

    Whilst there is recognition that the global burden of disease associated with mental health disorders is significant, the economic resources available, especially in Low and Middle Income Countries, are particularly scarce. Identifying the economic (system) and financial (individual) barriers to delivering mental health services and assessing the opportunities for reform can support the development of strategies for change. A mixed methods study was developed, which engaged with a range of stakeholders from mental health services, including key informants, service managers, healthcare professional and patients and their care-takers. Data generated from interviews and focus groups were analysed using an existing framework that outlines a range of economic and financial barriers to improving mental health practice. In addition, the study utilised health financing and programmatic data. The analysis identified a variety of local economic barriers, including: the inhibition of the diversification of the mental health workforce and services due to inflexible resources; the variable and limited provision of services across the country; and the absence of mechanisms to assess the delivery and quality of existing services. The main financial barriers identified were related to out-of pocket payments for purchasing high quality medications and transportation to access mental health services. Whilst scarcity of financial resources exists in Georgia, as in many other countries, there are clear opportunities to improve the effectiveness of the current mental health programme. Addressing system-wide barriers could enable the delivery of services that aim to meet the needs of patients. The use of existing data to assess the implementation of the mental health programme offers opportunities to benchmark and improve services and to support the appropriate commissioning and reconfiguration of services.

  8. Potential media influence on the high incidence of medical disputes from the perspective of plastic surgeons.

    Science.gov (United States)

    Chen, Chiehfeng; Lin, Ching-Feng; Chen, Cha-Chun; Chiu, Shih-Feng; Shih, Fuh-Yuan; Lyu, Shu-Yu; Lee, Ming-Been

    2017-08-01

    The main purpose of this study is to investigate the prevalence of medical disputes among plastic surgeons in Taiwan and to elucidate their perspectives regarding the influence of medical litigation media coverage on the physician-patient relationship. A self-administered questionnaire was distributed among plastic surgeons attending a series of continuing education training lectures organized by the Taiwan Society of Plastic Surgery in 2015. Of the 109 respondents, over a third (36.4%) had previously experienced a medical dispute. The vast majority of both physicians who had medical disputes (77.1%) and those who did not (72.1%) felt that the media tends to be supportive of patients in their reporting, and 37.1% of all plastic surgeons felt that the media always portrays the patient as a victim. Respondents who experienced medical disputes in this study felt that the top five leading causes of the high incidence of medical disputes were patient disappointment with procedure results (81.1%), insufficient patient psychological preparation or emotional instability (61.7%), inadequate risk communication on the part of the physician (64.9%), patient uneasiness with the procedure or perception of carelessness (60.6%), and insufficient physician training or incorrect medical evaluation (57.4%). Over a third of the respondents had previously experienced a medical dispute. This study highlights the perception among plastic surgeons that the media reporting of medical disputes and medical litigation is biased in favor of the patients, with 37.1% of the plastic surgeons surveyed opining that patients are always cast as victims. Copyright © 2017. Published by Elsevier B.V.

  9. 40 CFR 131.7 - Dispute resolution mechanism.

    Science.gov (United States)

    2010-07-01

    ... pertaining to the effects of differing water quality permit requirements on upstream and downstream... employees shall act independently from the normal hierarchy within their agency. (iv) The parties are not...

  10. An Analysis of the Dispute Settlement Mechanism under the

    African Journals Online (AJOL)

    user

    This article examines and evaluates the consumer redress mechanism, .... 23 The behaviour or conduct must be prohibited in terms of the Competition Act ...... appropriate orders and provide "sufficient" remedies to avoid the involvement of the.

  11. Risk management and measuring productivity with POAS--Point of Act System--a medical information system as ERP (Enterprise Resource Planning) for hospital management.

    Science.gov (United States)

    Akiyama, M

    2007-01-01

    The concept of our system is not only to manage material flows, but also to provide an integrated management resource, a means of correcting errors in medical treatment, and applications to EBM (evidence-based medicine) through the data mining of medical records. Prior to the development of this system, electronic processing systems in hospitals did a poor job of accurately grasping medical practice and medical material flows. With POAS (Point of Act System), hospital managers can solve the so-called, "man, money, material, and information" issues inherent in the costs of healthcare. The POAS system synchronizes with each department system, from finance and accounting, to pharmacy, to imaging, and allows information exchange. We can manage Man (Business Process), Material (Medical Materials and Medicine), Money (Expenditure for purchase and Receipt), and Information (Medical Records) completely by this system. Our analysis has shown that this system has a remarkable investment effect - saving over four million dollars per year - through cost savings in logistics and business process efficiencies. In addition, the quality of care has been improved dramatically while error rates have been reduced - nearly to zero in some cases.

  12. Distinguishing Lewd and Lascivious Acts from Related Crimes Against Minors’ Sexual Immunity

    Directory of Open Access Journals (Sweden)

    Ragozina I. G.

    2015-04-01

    Full Text Available The article deals with the criminal law norms related to the crime provided for by Article 135 of the Criminal Code of the Russian Federation. The authors estimate judicial practice and outline disputable issues of correlation of the given norms and offer the criteria to distinguish lewd and lascivious acts from related crimes

  13. Late payment of freight and hire - power to award interest under the 1998 Act.

    OpenAIRE

    Okoli, Chukwuma

    2014-01-01

    Comments on the Commercial Court judgment in Martrade Shipping & Transport GmbH v United Enterprises Corp on whether to award interest under the Late Payment of Commercial Debts (Interest) Act 1998 in a dispute about a charterparty, which was governed by English law and referred to London arbitration, but otherwise had no significant connection with the UK.

  14. Investor-State Dispute Settlement Mechanism: The Quest for a Workable Roadmap

    Directory of Open Access Journals (Sweden)

    Sachet Singh

    2013-01-01

    Full Text Available The last decade has witnessed an unprecedented increase in the use of investor-State arbitration, highlighting numerous shortcomings of the existing investor-State dispute settlement system. The legitimacy of the International Investment regime has been under severe criticism due to the growing discontent amongst the investors as well as the host States. The increased litigation has led to both the process and the outcome being questioned and has undermined the growth of harmonious relationships between foreign investors and host States. The object of this paper is to explore a workable roadmap for the investor-State dispute settlement mechanism by tracing the evolution of the existing system and by analysing the dispute settlement mechanism in major international investment agreements. Furthermore, it highlights the causes and the possible consequences of the denunciation of Bilateral Investment Treaties ('BITs' and the International Centre for Settlement of Investment Disputes ('ICSID' by host nations, which have been plagued by a myriad of investment suits. The authors suggest the need for doing away with highly protective investor-State dispute settlement mechanisms ('ISDSMs' in future investment agreements and recommend the need for designing an appellate mechanism for bringing consistency and predictability to the system.

  15. A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field.

    Science.gov (United States)

    Park, Bo Young; Kim, Min Ji; Kang, So Ra; Hong, Seung Eun

    2016-05-01

    Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

  16. New multilateral approaches solving the nuclear energy dispute with Iran

    International Nuclear Information System (INIS)

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2011-01-01

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran's role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran's enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions.Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran's nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil.The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier state of enriched uranium and other states are responsible for the remaining parts of

  17. New multilateral approaches solving the nuclear energy dispute with Iran

    Energy Technology Data Exchange (ETDEWEB)

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2011-07-01

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran's role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran's enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions.Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran's nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil.The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier state of enriched uranium and other states are responsible for the

  18. ACT250 Districts

    Data.gov (United States)

    Vermont Center for Geographic Information — The ACT 250 Districts layer is part of a larger dataset that contains administrative boundaries for Vermont's Agency of Natural Resources. The dataset includes...

  19. 7 CFR 1280.101 - Act.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Act. 1280.101 Section 1280.101 Agriculture... INFORMATION ORDER Lamb Promotion, Research, and Information Order Definitions § 1280.101 Act. Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425; Pub. L. 104-127; 110 Stat...

  20. 7 CFR 1218.1 - Act.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Act. 1218.1 Section 1218.1 Agriculture Regulations of... INFORMATION ORDER Blueberry Promotion, Research, and Information Order Definitions § 1218.1 Act. Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7401-7425; Pub. L. 104-127; 110 Stat...