WorldWideScience

Sample records for devices dispute resolution

  1. Alternate dispute resolution.

    OpenAIRE

    Webb, Paul F.

    1994-01-01

    In an effort to save taxpayer dollars and ease an overburdened administrative and judicial court system, this report presents evidence to encourage the use of alternate dispute resolution (ADR) in construction contracting within the Naval Facilities Engineering Command. Information is presented detailing the primary factors that contribute to this expensive and overburdened system, including: costs associated with litigation, contractual document formation, experience level ...

  2. Civil Engineering Dispute Resolution

    CERN Document Server

    Osborne, J

    2001-01-01

    Construction work on the civil engineering contract started at Point 5 in August 1998. The new surface buildings and underground structures are necessary to accommodate the CMS detector for the LHC Project. The principal underground works consist of two new shafts, two parallel caverns separated by a supporting pillar, and a number of small connection tunnels and service galleries. A dispute resolution procedure has been included in the contract, whereby a Panel of Adjudicators may be called upon to make a decision in the case of a difference or dispute between the parties. The aim of this paper is to present CERN's first experience of civil engineering Adjudication arising from problems encountered with the ground freezing technique employed to allow construction of two new shafts.

  3. 33 CFR 385.23 - Dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Dispute resolution. 385.23... Processes § 385.23 Dispute resolution. (a) Disputes with the non-Federal sponsor concerning a Project Cooperation Agreement shall be resolved under the specific dispute resolution procedures of that...

  4. 43 CFR 10.17 - Dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Dispute resolution. 10.17 Section 10.17... REPATRIATION REGULATIONS General § 10.17 Dispute resolution. (a) Formal and informal resolutions. Any person... a fair resolution of the matter. The Review Committee may aid in this regard as described below....

  5. 21 CFR 312.48 - Dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 5 2010-04-01 2010-04-01 false Dispute resolution. 312.48 Section 312.48 Food and... USE INVESTIGATIONAL NEW DRUG APPLICATION Administrative Actions § 312.48 Dispute resolution. (a... resolution. Appropriate issues to raise with the ombudsman include resolving difficulties in...

  6. 49 CFR 397.75 - Dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Dispute resolution. 397.75 Section 397.75... resolution. (a) Petition. One or more States or Indian tribes may petition the Administrator to resolve a... this subpart. (b) Filing. Each petition for dispute resolution filed under this section must: (1)...

  7. 21 CFR 314.103 - Dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 5 2010-04-01 2010-04-01 false Dispute resolution. 314.103 Section 314.103 Food... Applications § 314.103 Dispute resolution. (a) General. FDA is committed to resolving differences between... application. If resolution is not achieved, the applicant may raise the matter with the person designated...

  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...

  9. 10 CFR 850.5 - Dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... relief in accordance with 10 CFR part 1003, Subpart G. (b) The Office of Hearings and Appeals may not... 10 Energy 4 2010-01-01 2010-01-01 false Dispute resolution. 850.5 Section 850.5 Energy DEPARTMENT OF ENERGY CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM General Provisions § 850.5 Dispute...

  10. 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.

  11. 24 CFR 3288.25 - Initiation of dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Initiation of dispute resolution... HOUSING AND URBAN DEVELOPMENT MANUFACTURED HOME DISPUTE RESOLUTION PROGRAM HUD Manufactured Home Dispute Resolution Program in HUD-Administered States § 3288.25 Initiation of dispute resolution. (a)...

  12. 24 CFR 3288.33 - Notice of dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Notice of dispute resolution. 3288... HOUSING AND URBAN DEVELOPMENT MANUFACTURED HOME DISPUTE RESOLUTION PROGRAM HUD Manufactured Home Dispute Resolution Program in HUD-Administered States § 3288.33 Notice of dispute resolution. (a) Once the...

  13. 24 CFR 3288.15 - Eligibility for dispute resolution.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Eligibility for dispute resolution... HOUSING AND URBAN DEVELOPMENT MANUFACTURED HOME DISPUTE RESOLUTION PROGRAM HUD Manufactured Home Dispute Resolution Program in HUD-Administered States § 3288.15 Eligibility for dispute resolution. (a) Initiation...

  14. Governance, conflict and dispute resolution : introduction

    NARCIS (Netherlands)

    W. Hout (Wil); H.A. Kifordu (Henry); P. Goulart (Pedro)

    2011-01-01

    textabstractGovernance, Conflict and Dispute Resolution: Introduction. The last decade has been, for scholars and policy makers working on development, a decade of governance. The institutionalist wave that swept across the social sciences, as well as the attention in policy circles for the institu

  15. 10 CFR 950.31 - Covered event dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Covered event dispute resolution. 950.31 Section 950.31 Energy DEPARTMENT OF ENERGY STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS Dispute Resolution Process § 950.31 Covered event dispute resolution. (a) If a sponsor disagrees with the Covered...

  16. 45 CFR 74.91 - Alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Alternative dispute resolution. 74.91 Section 74... NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS Disputes § 74.91 Alternative dispute resolution. HHS... resolution (ADR) techniques. ADR often is effective in reducing the cost, delay and contentiousness...

  17. 10 CFR 950.33 - Covered costs dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Covered costs dispute resolution. 950.33 Section 950.33 Energy DEPARTMENT OF ENERGY STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS Dispute Resolution Process § 950.33 Covered costs dispute resolution. (a) If a sponsor disagrees with the Claim...

  18. 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,...

  19. 47 CFR 1.18 - Administrative Dispute Resolution.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Administrative Dispute Resolution. 1.18 Section... Rules of Practice and Procedure General § 1.18 Administrative Dispute Resolution. (a) The Commission has adopted an initial policy statement that supports and encourages the use of alternative dispute...

  20. 42 CFR 488.331 - Informal dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Informal dispute resolution. 488.331 Section 488... Certification of Long-Term Care Facilities § 488.331 Informal dispute resolution. (a) Opportunity to refute... deficiencies. (b)(1) Failure of the State or CMS, as appropriate, to complete informal dispute...

  1. 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

  2. 47 CFR 76.975 - Commercial leased access dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 4 2010-10-01 2010-10-01 false Commercial leased access dispute resolution. 76... access dispute resolution. (a) Any person aggrieved by the failure or refusal of a cable operator to make... proprietary information required to be produced for resolution of leased access complaints. A protective...

  3. 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... 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,...

  4. 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

  5. Are models, uncertainty, and dispute resolution compatible?

    Science.gov (United States)

    Anderson, J. D.; Wilson, J. L.

    2013-12-01

    Models and their uncertainty often move from an objective use in planning and decision making into the regulatory environment, then sometimes on to dispute resolution through litigation or other legal forums. Through this last transition whatever objectivity the models and uncertainty assessment may have once possessed becomes biased (or more biased) as each party chooses to exaggerate either the goodness of a model, or its worthlessness, depending on which view is in its best interest. If worthlessness is desired, then what was uncertain becomes unknown, or even unknowable. If goodness is desired, then precision and accuracy are often exaggerated and uncertainty, if it is explicitly recognized, encompasses only some parameters or conceptual issues, ignores others, and may minimize the uncertainty that it accounts for. In dispute resolution, how well is the adversarial process able to deal with these biases? The challenge is that they are often cloaked in computer graphics and animations that appear to lend realism to what could be mostly fancy, or even a manufactured outcome. While junk science can be challenged through appropriate motions in federal court, and in most state courts, it not unusual for biased or even incorrect modeling results, or conclusions based on incorrect results, to be permitted to be presented at trial. Courts allow opinions that are based on a "reasonable degree of scientific certainty," but when that 'certainty' is grossly exaggerated by an expert, one way or the other, how well do the courts determine that someone has stepped over the line? Trials are based on the adversary system of justice, so opposing and often irreconcilable views are commonly allowed, leaving it to the judge or jury to sort out the truth. Can advances in scientific theory and engineering practice, related to both modeling and uncertainty, help address this situation and better ensure that juries and judges see more objective modeling results, or at least see

  6. 31 CFR 203.13 - Appeal and dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Appeal and dispute resolution. 203.13 Section 203.13 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL... TAX AND LOAN PROGRAM Electronic Federal Tax Payments § 203.13 Appeal and dispute resolution....

  7. 40 CFR 85.2117 - Warranty and dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... decertified pursuant to 40 CFR 85.2121, provided that if the part manufacturer resorts to a court of competent... 40 Protection of Environment 18 2010-07-01 2010-07-01 false Warranty and dispute resolution. 85... Regulations and Voluntary Aftermarket Part Certification Program § 85.2117 Warranty and dispute resolution....

  8. 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 Section 627.805 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR GENERAL... Law Judges § 627.805 Alternative dispute resolution. (a) Parties to a complaint under § 627.801...

  9. 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, COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT OF 1994 § 100.21 Alternative dispute resolution. (a) If...

  10. 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...

  11. 13 CFR 130.630 - Dispute resolution procedures.

    Science.gov (United States)

    2010-01-01

    ... copies to the Grants Management Specialist and the Project Officer. (9) Expedited Dispute appeal process... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Dispute resolution procedures. 130.630 Section 130.630 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION SMALL BUSINESS...

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

    Science.gov (United States)

    2010-02-19

    ... Energy Regulatory Commission Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date for Applications for Panel Member List for Hydropower Licensing Study Dispute... in the Commission's hydropower integrated licensing process (ILP) study dispute resolution process...

  13. Alternative Dispute Resolution in Ethiopia - A Legal Framework

    African Journals Online (AJOL)

    Nekky Umera

    Shimagelle by the Amhara, and the other ethnic groups were used. But .... imposes a binding decision on the parties, while conciliation involves third party ... The Position of Alternative Dispute Resolution in Ethiopia today. In practice, and by ...

  14. 48 CFR 633.214-70 - Alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... resolution. 633.214-70 Section 633.214-70 Federal Acquisition Regulations System DEPARTMENT OF STATE GENERAL... resolution. (a) Policy. The Department's goal is to resolve contract disputes before the issuance of a... resolution will have a significant impact on other pending cases or on the future conduct of...

  15. Alternative dispute resolution in electricity: Just do it!

    Energy Technology Data Exchange (ETDEWEB)

    Coughlin, J.T.

    1995-11-01

    Using mediation and arbitration, rather than traditional litigation, would produce enormous savings to the utility industry - in costs, time, and sparing use of key management resources. The time to institutionalize ADR is now! Prior to the recent formation of the first regional transmission groups (RTGs), the electric utility industry had made relatively sparing use of alternative dispute resolution (ADR). Historically, the industry`s time-honored reaction, when confronted with disputes of any significance, has been to sound the alarm and have its lawyers man their litigation battle stations. The results of these efforts have been mixed for both winners and losers - but the most common result has been high legal fees and multi-year litigation. In contrast to the electric utility industry`s marginal use of ADR, alternative dispute resolution is widely used to resolve disputes in such areas as: environmental cleanup, product liability, intellectual property and construction contract disputes, to name just a few. Internationally, disputes arising in North America Free Trade Agreement-related matters are subject to arbitration.

  16. Resolution of territorial disputes in international law

    Directory of Open Access Journals (Sweden)

    Tubić Bojan N.

    2015-01-01

    Full Text Available Territorial disputes in international law are resolved by peaceful means, like negotiations, mediation, conciliation, arbitration and in the procedure at the International Court of Justice. Borders between states are, in practice, determined on the basis of the uti possidetis iuris principle and principle of effective control. Historical arguments for territorial acquisition are not generally accepted, because changes of borders have to be a result of democratically expressed will of states. Also, the right of people for self-determination was used in the process of decolonization for creating new states but it has emerged in later years like in the case of East Timor, as a legal title for gaining independence. Apart from the process of decolonization, the right to self-determination is rather unclear and disputable regarding its scope and content. Traditional modes of territorial acquisition still have decisive role in international law. Almost all states rely on them in order to substantiate their claims for possession of certain territories. Therefore, international courts and arbitrations cannot ignore them.

  17. 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…

  18. 5 CFR 9701.705 - Alternative dispute resolution.

    Science.gov (United States)

    2010-01-01

    ... Section 9701.705 Administrative Personnel DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT... HUMAN RESOURCES MANAGEMENT SYSTEM Appeals § 9701.705 Alternative dispute resolution. The Department and..., including those which may involve disciplinary actions. Such methods can result in more efficient and more...

  19. 28 CFR 902.3 - Referral to Dispute Resolution Committee.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Referral to Dispute Resolution Committee. 902.3 Section 902.3 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL... Committee member shall recuse himself/herself and the Compact Council Chairman shall determine...

  20. Mediation: Toward a Civilized System of Dispute Resolution.

    Science.gov (United States)

    Keltner, John W. Sam

    Because the intervention of a neutral third party is currently gaining favor as an alternative form of dispute resolution, this book explores the process of mediation in the context of managing struggle and examines some of the characteristics of mediators, their training and ethics, and the techniques and skills of good mediation. The theory…

  1. Popular dispute resolution mechanisms in Ethiopia: Trends ...

    African Journals Online (AJOL)

    The positive attitude of these stakeholders towards PDRMs, the multiplicity ... tendencies with regard to conflict resolution mechanisms have shifted towards alternative ..... framework for full-scale implementation of PDRMs in the country. It can,.

  2. 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

  3. 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

  4. Approaches to the Resolution of Terrestrial and Maritime Territorial Disputes

    Institute of Scientific and Technical Information of China (English)

    Li Xiangyang

    2012-01-01

    Countries which have territorial disputes with China are growing increasingly worried about losing leverage against the rising giant of the region. The major powers are adjusting their strategies in Asia in response to China's rise, which is creating an opportunity for small countries to "fish in the troubled water". The resolution of terrestrial and maritime territorial issues cannot be addressed by stop-gap measures,

  5. 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.

  6. 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...

  7. 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.

  8. 40 CFR 22.18 - Quick resolution; settlement; alternative dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Quick resolution; settlement; alternative dispute resolution. 22.18 Section 22.18 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... REVOCATION/TERMINATION OR SUSPENSION OF PERMITS Prehearing Procedures § 22.18 Quick resolution;...

  9. 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.

  10. 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.

  11. Dispute Resolution through Third Party Mediation: Malaysia and Indonesia

    Directory of Open Access Journals (Sweden)

    Asri Salleh

    2007-12-01

    Full Text Available Abstract: Since independence, Malaysia has been involved in territorial disputes and overlapping maritime claims with almost all its neighbours. Some of these disputes were resolved through bilateral and multilateral treaties. However, Malaysia and Indonesia settled the dispute over Sipadan-Ligitan islands by referring the issue to the International Court of Justice (ICJ. This high sense of civility shown by the two countries need to be analysed and appreciated. Documentary analysis shows that the consideration of the geopolitical conditions, the state of bilateral relations the disputing countries were enjoying, security problems, the lack of progress in settling disputes through the bilateral efforts and the weaknesses inherent in ASEAN’s dispute settlement mechanism made the two parties to refer their dispute to the ICJ rather than to the ASEAN High Council (AHC. The ICJ’s decision, delivered in 2002, was accepted by the two parties as stipulated in the referral agreement.

  12. 7 CFR 735.9 - Dispute resolution and arbitration of private parties.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Dispute resolution and arbitration of private parties... ACT General Provisions § 735.9 Dispute resolution and arbitration of private parties. (a) A person may... authorized under the Act may be resolved by the parties through mutually agreed-upon arbitration...

  13. 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…

  14. 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.

  15. 77 FR 67348 - Privacy Act of 1974; System of Records-Alternative Dispute Resolution (ADR) Center Case Tracking...

    Science.gov (United States)

    2012-11-09

    ... AGENCY: Office of Management (OM), Alternative Dispute Resolution Center, Department of Education. ACTION..., Alternative Dispute Resolution Center, Office of Management, U.S. Department of Education, Capitol Place... LOCATION: Alternative Dispute Resolution Center, Office of Management, U.S. Department of...

  16. Divorce mediation and resolution of child custody disputes: long-term effects.

    Science.gov (United States)

    Dillon, P A; Emery, R E

    1996-01-01

    Separated parents randomly assigned to either mediation or traditional adversarial methods for resolving child custody disputes were surveyed nine years postsettlement. Noncustodial parents assigned to mediation reported more frequent current contact with their children and greater involvement in current decisions about them. Parents in the mediation group also reported more frequent communication about their children during the period since dispute resolution.

  17. Restorative Justice and Alternative Dispute Resolution: An Analytical Discourse for African Professionals

    Directory of Open Access Journals (Sweden)

    Omale, Don John O.

    2011-04-01

    Full Text Available The strong advocacy for Restorative Justice and Alternative Dispute Resolution in Africa; and evolving models is a welcomed development for penal reforms and conflict resolution. However, as an African adage says "it is when a tripod is being designed and constructed that the legs should be set straight to forestall cook wares falling". This study drew its strength from a completed Doctor of Philosophy (PhD dissertation initially reviewed with the aim of setting the record straight in the meaning and conceptions of restorative justice and alternative dispute resolution for African practitioners. This is imperative because as the saying goes "words put differently make different meanings, and meaning put differently yield different actions". So if restorative justice and alternative dispute resolution must advance professionally, and as academic disciplines in Africa, practitioners and academics must understand the 'thin' differences inherent in the principles and practice of restorative justice, and alternative dispute resolution.

  18. 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…

  19. 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

  20. 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.

  1. 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…

  2. DESIGNING CULTURALLY CONSCIOUS ALTERNATIVE DISPUTE RESOLUTION TO FOSTER ASIAN ECONOMIC DEVELOPMENT

    OpenAIRE

    Herliana, Mrs.

    2011-01-01

    Creating an Asian model of alternative dispute resolution which considers Asian cultures is important. A mere adoption of western standard will less likely accommodate Asian’s unique way of handling disputes. Culture-related problems can be avoided if international commercial mediation or arbitration is tuned in to cultural needs and expectations. Penyusunan model alternatif penyelesaian sengketa gaya Asia yang mengakomodasi budaya setempat penting untuk dilakukan. Penerapan standar barat ti...

  3. A COMPARATIVE ANALYSIS OF DISPUTE RESOLUTION DYNAMICS IN ASIA

    Directory of Open Access Journals (Sweden)

    Pawel Voronin

    2014-01-01

    Full Text Available China’s rise to prominence in the international community following the end of the Cold War, the growth in economic power and population numbers project that China will become the leading world power within several decades, regardless of the course its government takes. The article aimes to contribute to answering the question whether this rise will be peaceful through a comparative analysis of resolved and unresolved territorial disputes between China and groups of neighbouring states between 1986 and 2013. While previous studies have focused rather exclusively on Chinese behaviour, this text will examine both sides of the dispute and the behavior of the parties in light of regional dynamics. 

  4. Some Reflections on the Resolution of State-to-State Disputes in International Waters Governance Agreements

    Directory of Open Access Journals (Sweden)

    Richard Kyle Paisley

    2011-10-01

    Full Text Available This paper reviews various dispute resolution mechanisms that have, or may have, application in international waters governance agreements. International waters are water resources that are shared by two or more states. They include international freshwater, international groundwater and international Large Marine Ecosystem (LMEs situations. There are a number of possible types of dispute resolution mechanisms in international waters governance agreements. They include: (1 international courts, such as the International Court of Justice; (2 standing regional courts and tribunals, such as the Southern African Development Community (SADC Tribunal; and (3 ad hoc arbitration, such as arbitrations administered by the Permanent Court of Arbitration. While no one type of dispute resolution mechanism is suitable for all states in all situations, some of the objectives that may be sought in dispute resolution in international waters governance agreements arguably include: (1 obtaining an effective remedy; (2 obtaining a correct result and (3 maximizing the efficiency, in terms of cost and/or timing, of the decision-making process. Having an efficacious dispute resolution enforcement mechanism in an international waters governance agreement may help ensure that a state can obtain an effective remedy even when an opposing state fails to voluntarily comply with a decision in a timely manner. Providing for an enforcement mechanism in an international waters governance agreement may also help encourage voluntary compliance as it may move states to consider the costs of non-compliance.

  5. Some Reflections on the Resolution of State-to-State Disputes in International Waters Governance Agreements

    Directory of Open Access Journals (Sweden)

    Richard Kyle Paisley

    2011-10-01

    Full Text Available This paper reviews various dispute resolution mechanisms that have, or may have, application in international waters governance agreements. International waters are water resources that are shared by two or more states. They include international freshwater, international groundwater and international Large Marine Ecosystem (LMEs situations. There are a number of possible types of dispute resolution mechanisms in international waters governance agreements. They include: (1 international courts, such as the International Court of Justice; (2 standing regional courts and tribunals, such as the Southern African Development Community (SADC Tribunal; and (3 ad hoc arbitration, such as arbitrations administered by the Permanent Court of Arbitration. While no one type of dispute resolution mechanism is suitable for all states in all situations, some of the objectives that may be sought in dispute resolution in international waters governance agreements arguably include: (1 obtaining an effective remedy; (2 obtaining a correct result and (3 maximizing the efficiency, in terms of cost and/or timing, of the decision-making process. Having an efficacious dispute resolution enforcement mechanism in an international waters governance agreement may help ensure that a state can obtain an effective remedy even when an opposing state fails to voluntarily comply with a decision in a timely manner. Providing for an enforcement mechanism in an international waters governance agreement may also help encourage voluntary compliance as it may move states to consider the costs of non-compliance.

  6. 75 FR 57233 - 340B Drug Pricing Program Administrative Dispute Resolution Process

    Science.gov (United States)

    2010-09-20

    ... participation and provides a number of tools for improvement in compliance by manufacturers and covered entities. Among the tools is the creation of an administrative dispute resolution process for the resolution of... provided auditing guidelines to permit the manufacturer of a covered outpatient drug to audit the...

  7. 76 FR 71008 - Yuba County Water Agency; Notice of Dispute Resolution Process Schedule; Panel Meeting, and...

    Science.gov (United States)

    2011-11-16

    ... Energy Regulatory Commission Yuba County Water Agency; Notice of Dispute Resolution Process Schedule... resolution process, pursuant to 18 CFR 5.14, in the relicensing proceeding for the Yuba County Water Agency's...) hydrology for anadromous fish; (3) water temperatures for anadromous fish migration, holding, spawning, and...

  8. The Role of Customary Arbitration in the Resolution of Disputes among Nigerian Indigenous Communities

    Directory of Open Access Journals (Sweden)

    T. Kehinde Adekunle

    2015-12-01

    Full Text Available Central to the issue of resolution of any disputes is the mechanism adopted in handling it. Customary arbitration is, thus, one of the recognised methods of resolving disputes among the indigenes of Nigeria. Unlike the Western adversarial method of settling disputes under which the winner-takes-all, customary arbitration aimed at reconciling the parties to disputes after effecting settlement. The question, however, is whether customary arbitration has any relevance among Nigerian indigenous communities and whether it has made any impact on the maintenance of societal equilibrium. This paper, therefore, examined the issues involved in customary arbitration such as the ingredients that make it work, conditions of its validity and its effect on the state of the society with a view to making it work more effectively among the indigenes.

  9. 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? 

  10. COMPARISON OF PROCEDURAL RULES IN DISPUTE RESOLUTION OVER DOMAIN NAMES .GTLD, .CZ AND .EU

    Directory of Open Access Journals (Sweden)

    Tomáš Gongol

    2015-06-01

    Full Text Available The paper is focusing on out-of-court dispute resolution policy and especially includes the ways of so called ADR (Alternative Dispute Resolution used in domain name cases. The aim is to compare procedural rules which are used for solving dispustes over domain names in several levels – generic top level domains (global domains as .com, .net, .org, etc., regional top level domains (european domains .eu and country top level domain (Czech national domain name .cz. For each level exists not only different substantive law but also volume of procedural rules which differs not only in details, but also in the nature of final decision.

  11. The resolution of territorial disputes: reflections from a global constitutionalism

    Directory of Open Access Journals (Sweden)

    Guillermo A. Tenorio Cueto

    2017-05-01

    Full Text Available Enabling formulas that help to reduce quantitatively, qualitatively and to mitigate the virulence of conflicts of territorial nature, particularly in the autonomous Spain, is the aim of this paper. It will focus on exploring the possibilities that can result from mediation, arbitration, conciliation and strategies that encourage direct participation of citizens in public affairs. The framework is linked to global constitutionalism: the base of the transferability of results from private to public and from international to state levels. The essence of the conflict, territorial conflicts, and the main contributions of mediation and arbitration in the field of territorial disputes will be the essence. A special mention will refer the experiences of citizen´s direct participation as channels integrated into the negotiating and decision-making mechanisms in democratic and constitutional States.

  12. The State unlawful damage and alternative dispute resolution - State of the art

    OpenAIRE

    Camilo Guzmán Gómez; Andrés Fajardo Arturo

    2010-01-01

    This text is intented to make the descripction of the cuirrent state of research on the unlawful damage attributable to the State and conciliation as a method of dispute resolution in litigation against the state. It sets out the various studies, and summarizes the contributions in the diagnosis of the situation and recommendations on the topics of study.

  13. 75 FR 24392 - Transferring Certain Enforcement Hotline Matters to the Dispute Resolution Service: Correction

    Science.gov (United States)

    2010-05-05

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 1b and 157 Transferring Certain Enforcement Hotline Matters to... enforcement hotline matters to the Commission's Dispute Resolution Service. This document corrects...

  14. 75 FR 21503 - Transferring Certain Enforcement Hotline Matters to the Dispute Resolution Service

    Science.gov (United States)

    2010-04-26

    ... Energy Regulatory Commission 18 CFR Part 1b Transferring Certain Enforcement Hotline Matters to the... Resolution Service (DRS) for the Commission's Enforcement Hotline as the contact for handling dispute-related... provide contact information for the Enforcement Hotline when providing notice to affected landowners on...

  15. The Political Construction of Alternative Dispute Resolution and Alternatives to Incarceration.

    Science.gov (United States)

    Palumbo, Dennis J.; And Others

    1994-01-01

    This discussion of evaluations of mediation programs at seven sites and of shock incarceration and home arrest focuses on the similarities in the interpretations of alternative dispute-resolution programs to interpretations of alternatives to incarceration programs. The political construction of the two approaches, which are both designed to…

  16. 18 CFR 385.604 - Alternative means of dispute resolution (Rule 604).

    Science.gov (United States)

    2010-04-01

    ... required for precedential value; (ii) The matter involves or may bear upon significant questions of policy... proceeding; (v) A full public record of the proceeding is important, and a dispute resolution proceeding... neutral must have no official, financial, or personal conflict of interest with respect to the issues...

  17. 行政纠纷解决机制研究%On Administrative Dispute Resolution Mechanism

    Institute of Scientific and Technical Information of China (English)

    刘莘; 刘红星

    2016-01-01

    行政纠纷不可避免,但应积极预防和化解。行政纠纷的多样性决定了行政纠纷解决途径的多元化。良好的行政纠纷解决机制应满足三个基本要求:保证所有行政纠纷有出口;保障最低限度的程序正义;坚持司法最终原则。行政纠纷解决机制中的各种纠纷解决途径应各尽其用、有机衔接、相互协调:调解是过滤器和分流器,行政复议是主渠道,行政诉讼是最后的防线,信访是补充。根据良好行政纠纷解决机制的基本要求,结合各个行政纠纷解决途径的功能定位提出相应的完善建议,具有迫切的实际意义。%Administrative disputes are inevitable, but should be actively prevented and resolved. The diversity of administrative disputes determines the diversity of related resolution ways. A sound administrative dispute resolution mechanism should meet three basic requirements, including guarantee of exits for all administrative disputes, protection of the minimum procedural justice and adhering to the principle of judicial finality. Every way of the administrative dispute resolution mechanism should do its best, converges organically and coordinates mutually, i.e. mediation is the filter and shunt, administrative reconsideration is the main channel, administrative litigation is the last line of defense, letter visiting is the substitute. According to the basic requirement of the sound administrative dispute resolution mechanism, combined with the functional orientation of every administrative dispute solution way, the paper puts forward related improvement suggestions.

  18. International standardization of arbitration as an alternate dispute resolution forum and its acceptance in India

    Directory of Open Access Journals (Sweden)

    Harsh Pathak

    2016-10-01

    Full Text Available With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of private international law, or conflict of laws as called by different nations. Such urgency led to many conventions, one of most important being The New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law promulgated in 1985 and amended as recently as 2006 which has been the source for International Arbitration, the most widely used dispute resolution method for international commercial trade and transactions and many countries like India have also based their legislations on the rules of the UNCITRAL Model Law. Most European countries as well as India have ratified the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards for the purposes of International trade and commercial transactions therefore opening the gateway for international commercial transactions to take place among such convention countries easier. Further, the judiciary of concerned countries has also affirmed such ratification and the applicability of the Model Law laid down.

  19. 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

  20. A Peer to Peer Protocol for Online Dispute Resolution over Storage Consumption

    CERN Document Server

    Mihoob, Ahmed

    2009-01-01

    In bilateral accounting of resource consumption both the consumer and provider independently measure the amount of resources consumed by the consumer. The problem here is that potential disparities between the provider's and consumer's accountings, might lead to conflicts between the two parties that need to be resolved. We argue that with the proper mechanisms available, most of these conflicts can be solved online, as opposite to in court resolution; the design of such mechanisms is still a research topic; to help cover the gap, in this paper we propose a peer--to--peer protocol for online dispute resolution over storage consumption. The protocol is peer--to--peer and takes into consideration the possible causes (e.g, transmission delays, unsynchronized metric collectors, etc.) of the disparity between the provider's and consumer's accountings to make, if possible, the two results converge.

  1. A Peer to Peer Protocol for Online Dispute Resolution over Storage Consumption

    Directory of Open Access Journals (Sweden)

    Ahmed Mihoob

    2009-06-01

    Full Text Available In bilateral accounting of resource consumption both the consumer and provider independently measure the amount of resources consumed by the consumer. The problem here is that potential disparities between the provider's and consumer's accountings, might lead to conflicts between the two parties that need to be resolved. We argue that with the proper mechanisms available, most of these conflicts can be solved online, as opposite to in court resolution; the design of such mechanisms is still a research topic; to help cover the gap, in this paper we propose a peer-to-peer protocol for online dispute resolution over storage consumption. The protocol is peer-to-peer and takes into consideration the possible causes (e.g., transmission delays, unsynchronized metric collectors, etc. of the disparity between the provider's and consumer's accountings to make, if possible, the two results converge.

  2. Child custody mediation and litigation: custody, contact, and coparenting 12 years after initial dispute resolution.

    Science.gov (United States)

    Emery, R E; Laumann-Billings, L; Waldron, M C; Sbarra, D A; Dillon, P

    2001-04-01

    Long-term follow-up data were obtained on families who had been randomly assigned to mediate or litigate their child custody disputes. In comparison with families who litigated custody, nonresidential parents who mediated were more involved in multiple areas of their children's lives, maintained more contact with their children, and had a greater influence in coparenting 12 years after the resolution of their custody disputes. The increased involvement of nonresidential parents who mediated did not lead to an associated increase in coparenting conflict. Parents who mediated also made more changes in their children's living arrangements over the years. For the most part, the changes apparently reflect increased cooperation and flexibility. Satisfaction declined for parents (especially fathers) in both groups over time, but fathers remained much more satisfied if they mediated rather than litigated custody. Few differences in satisfaction were found between mothers in the 2 groups. The 12-year follow-up data indicate that, even in contested cases. mediation encourages both parents to remain involved in their children's lives after divorce without increasing coparenting conflict.

  3. Escalation and resolution of border disputes and interstate conflicts in Africa the Malawi--Tanzania Case

    OpenAIRE

    Msafiri, Fulgence S.

    2011-01-01

    Approved for public release; distribution is unlimited. Border disputes cause strife worldwide, especially in underdeveloped countries. In Africa, border disputes are commonplace, and they produce bitter conflicts and tribulations. This thesis investigates the border dispute between Malawi and Tanzania over Lake Nyasa. It argues that the protracted dispute is the result of inaction and poor leadership, rather than 'colonial legacy.' Using game theory, this thesis demonstrates that partial...

  4. Online Dispute Resolution (ODR within Developing Nations: A Qualitative Evaluation of Transfer and Impact

    Directory of Open Access Journals (Sweden)

    Doug Leigh

    2014-01-01

    Full Text Available The field of online dispute resolution (ODR is developing both as practice and a profession. Evidence of this includes a growing community of scholars and practitioners. A Canadian International Development Agency (CIDA grant permitted 16 practitioners from developing countries to attend the 2008 ODR Forum in Victoria, British Columbia. In the year following the Forum, an evaluation was conducted to identify changes among these practitioners’ behaviors, knowledge, skills, abilities and credibility. Results indicate that ODR practitioners in developing countries are engaged in a wide range of activities, many of which are technologically and logistically complex. These practitioners also face a number of political and infrastructural challenges that are not as commonly experienced by those from developed nations. Taken together, these realities have implications both for the nature of ODR’s proliferation as a legitimate practice, as well as for the provision of education and training concerning its underpinnings.

  5. 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...

  6. 76 FR 59682 - Erie Boulevard Hydropower L.P.; Notice of Dispute Resolution Panel Meeting and Technical Conference

    Science.gov (United States)

    2011-09-27

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Erie Boulevard Hydropower L.P.; Notice of Dispute Resolution Panel Meeting and Technical Conference On September 16, 2011, Commission staff, in response to the filing of notice...

  7. Resolving Disputes in Education.

    Science.gov (United States)

    Seeley, Kenneth R.; Schrant, Nancy E.

    Because of the increasing incidence of disputes in schools, educators need more knowledge about methods of dispute resolution. The adversary system of resolving disputes, on which the U.S. judicial system is founded, assumes that truth is best found through a struggle between two opposing parties. In the adversary system, due process plays a…

  8. 78 FR 49950 - Dispute Resolution Pilot Program for Public Assistance Appeals

    Science.gov (United States)

    2013-08-16

    ... for the legitimate amount in dispute will be adjusted annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor. FEMA will publish a Federal... 2012 with amounts in dispute greater than or equal to $1,000,000 (adjusted for inflation).\\4\\ ] There...

  9. Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence

    Directory of Open Access Journals (Sweden)

    Gemma Smyth

    2009-02-01

    Full Text Available Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a “social justice ethic” leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens. L’appel que fait la professeure Voyvodic en faveur de compétence culturelle comme exigence éthique lance un défi aux avocats de considérer la compétence culturelle comme étant centrale à leur rôle professionnel, et conteste les suppositions de neutralité morale qui sont centrales à la pratique juridique traditionnelle. Pendant que les avocats débattent les frontières de mandats éthiques, ceux et celles qui s’intéressent au règlement extrajudiciaire de conflits (REC ont adopté leurs propres codes de déontologie qui, suivant de près les sentiers du droit, omettent généralement toute mention de justice sociale, de compétence culturelle ou de droits de la personne. À mon avis, le choix d’omettre un engagement explicite envers la compétence culturelle et la

  10. What factors contribute to successful appeals of nursing homes’ deficiencies in the informal dispute resolution process?

    Science.gov (United States)

    Li, Yue; Weimer, David L.; Spector, William D.; Bailey, Lauren; Harrington, Charlene

    2012-01-01

    Objectives To determine what factors contribute to successful appeals of nursing home deficiencies in the Informal Dispute Resolution (IDR) process. Design We merged CMS data about IDRs with OSCAR data about nursing home characteristics. We performed multivariate statistical analyses to predict successful appeals as a function of characteristics of the deficiency being appealed, the survey that triggered the deficiency, characteristics of the nursing home, and the state. Setting All nursing homes nationally in the period 2005–2008. Measurements Successful appeals were defined as those in which the deficiency was removed or its severity or scope reduced. Independent variables included the CMS measures of severity and scope of deficiency, abuse and neglect, substandard care, total number of deficiencies in the survey, whether the IDR was triggered by a survey or complaint, facility ownership and reputation, and state stringency of regulation. Results 26% of submitted IDRs were successful in 2005–2008. Success was more likely for less severe deficiencies, when deficiencies were triggered by a survey rather than a complaint, and when fewer deficiencies were included in the appeal. Facility ownership and state stringency of regulation were not significantly associated with the IDR success. Conclusions Overall, 2.6% of deficiencies issued were overturned through the IDR process. Further study is required to determine the appropriateness of these overturned cases and the opportunities they offer to improve the survey process. PMID:23141210

  11. Nursing Homes Appeals of Deficiency Citations: The Informal Dispute Resolution Process

    Science.gov (United States)

    Mukamel, Dana B.; Weimer, David L.; Li, Yue; Bailey, Lauren; Spector, William D.; Harrington, Charlene

    2012-01-01

    Objective Nursing homes found to be not meeting quality standards are cited for deficiencies. Before 1995, their only recourse was a formal appeal process, which is lengthy and costly. In 1995, the Centers for Medicare & Medicaid Services (CMS) instituted the Informal Dispute Resolution (IDR) process. This study presents for the first time national statistics about the IDR process and an analysis of the factors that influence nursing homes’ decisions to request an IDR. Design Retrospective study including descriptive statistics and multivariate logistic hierarchical models. Setting U.S. nursing homes in 2005 to 2008. Participant 15,916 Medicaid and Medicare certified nursing homes nationally, with 94,188 surveys and 9,388 IDRs. Measures The unit of observation was an annual survey or a complaint survey that generated at least one deficiency. The dependent variable was dichotomous and indicated whether the annual or a complaint survey triggered an IDR request. Independent variables included characteristics of the nursing home, the deficiency, the market, and the state regulatory environment. Results Ten percent of all annual surveys and complaint surveys resulted in IDRs. There was substantial variation across states, which persisted over time. Multivariate results suggest that nursing homes’ decisions to request an IDR depend on their assessment of the probability of success and assessment of the benefits of the submission. Conclusions Nursing homes avail themselves of the IDR process. Their propensity to do so depends on a number of factors, including the state regulatory system and the market environment in which they operate. PMID:22402171

  12. EEG Clearing Office strengthened by EEG 2012. Alternative dispute resolution in the renewable energies industry; Aufwertung der Clearingstelle EEG durch das EEG 2012. Alternative Dispute Resolution im Bereich der Erneuerbaren Energien

    Energy Technology Data Exchange (ETDEWEB)

    Chatzinerantzis, Alexandros; Fach, Martin [Linklaters LLP, Frankfurt am Main (Germany). Praxisgruppe Litigation and Arbitration

    2012-11-14

    The EEG Clearing Office is a special arbitration forum for the purpose of facilitating quick and inexpensive out-of-court dispute resolutions and resolving cases of legal uncertainty in connection with the regulations of the EEG (Renewable Energy Law). The Clearing Office has developed dynamically over the past years, as the numbers of newly registered potential and ongoing procedures impressively show. In the 2012 amendment to the EEG the legislature has fundamentally revised and substantially widened the legal basis for the work of the Clearing Office. This provides the motivation for presenting the Clearing Office and its procedural rules in the following article.

  13. 5 CFR 2424.10 - Collaboration and Alternative Dispute Resolution Program.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Collaboration and Alternative Dispute... information or assistance under this part may call or write the CADR Office at (202) 218-7969, 1400 K Street, NW., Washington, DC 20424-0001. A brief summary of CADR activities is available on the Internet...

  14. Super-resolution near field imaging device

    DEFF Research Database (Denmark)

    2014-01-01

    Super-resolution imaging device comprising at least a first and a second elongated coupling element, each having a first transverse dimension at a first end and a second transverse dimension at a second end and being adapted for guiding light between their respective first and second ends, each...

  15. Commercial Stakeholers in International Economic Dispute Resolution and the Issue of Judicial Independence

    DEFF Research Database (Denmark)

    Jemielniak, Joanna

    The paper discusses the problem of influence, exerted by commercial actors, in international trade disputes, and its impact onto the position of adjudicators. It explores the role of commercial stakeholders as a driving force behind States’ actions and examines procedural options available to them...... area are set against those of investment and commercial arbitration (as the institutions and rules designed for the latter are also being used for trade controversies, as in the Softwood Lumber LCIA arbitrations). Consequently, the problem of standards of adjudicatory independence is considered as one...

  16. Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution

    Directory of Open Access Journals (Sweden)

    Robert G. Finbow

    2016-08-01

    Full Text Available This essay will examine the emergence of transnational governance via supranational economic agreements which promote global imposition of liberalizing policies in the interests of transnational investors. The stalled multilateral World Trade Organization (WTO process has given way to a plethora of regional and bilateral economic agreements covering a range of new issues—investment, intellectual property, services, and regulations—which trench ever more deeply on domestic decision-making. Informed by Phillip Cerny’s conception of “competition states”, Colin Crouch’s (2000 lament about “post-democracy”, Carroll and Sapinski’s analysis of “global corporate elites”, and David Held’s depiction of “global governance complexes”, the essay will examine the role of transnational corporate and institutional elites in advancing economic agreements which narrow the scope for democratic governance. These authors depict the combination of constraint and empowerment of states induced by these transnational agreements which force most liberal democracies to cut or tweak programs and regulations in economic and social fields to protect investor rights, while boosting restraints on citizens in areas like intellectual property—what Cerny (1997 calls the “paradox” of the competition state. Given the number and complexity of these transnational governance arrangements, this essay will focus on the transnational constraints of investor state arbitration and disputes settlement systems. This will be illustrated by examining the growth of investor disputes settlement claims in bilateral treaties and major European and North American economic agreements and the rise of arbitration cases which impose costs on states for violations of investor rights. The essay considers the implications of these new forms of transnational governance for democratic governments’ responsive to popular demands. It concludes by suggesting the need for

  17. The Application of Intentional Subjective Properties and Mediated Communication Tools to Software Agents in Online Disputes Resolution Environments

    Directory of Open Access Journals (Sweden)

    Renzo Gobbin

    2004-11-01

    Full Text Available This paper examines the use of subjective properties in modeling an architecture for cooperative agents using Agent Communication Language (ACL that is used as a mediating tool for cooperative communication activities between and within software agents. The role that subjective and objective properties have in explaining and modeling agent internalization and externalization of ACL messages is investigated and related to Vygotsky’s developmental learning theories such as Mediated Activity Theory. A novel agent architecture ALMA (Agent Language Mediated Activity based on the integration of agents’ subjective and objective properties within an agent communication activity framework will be presented. The relevance of software agents subjective properties in modeling applications such as e-Law Online Dispute Resolution for e-business contractual arrangements using natural language subject/object relation in their communication patterns will be discussed.

  18. Courts, Clans and Companies: Mobile Money and Dispute Resolution in Somaliland

    Directory of Open Access Journals (Sweden)

    Nicole Stremlau

    2015-08-01

    Full Text Available One of the world’s most ambitious experiments in mobile money is underway in the Somali territories. In the absence of a strong central government and internationally recognized banking institutions, remittance companies and the telecoms industry have been innovating to provide services unique to the Somali context, which is making the economy increasingly ‘cashless’. Mobile money has posed new regulatory and legal challenges, particularly when disputes involving consumers are involved. This article focuses on a case study from Somaliland (the northern, self-declared independent region of Somalia and examines Zaad, the dominant mobile money platform. Given the weak state institutions, there are a variety of actors, including private companies, government police and courts, sharia courts and traditional elders that play an active role in resolving conflicts that result from mobile money transactions, forging a hybrid judicial approach. We examine how these different actors intervene and create an enabling environment to allow innovation and foster trust in a region of the world that is frequently characterized as violent and lawless.

  19. 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.

  20. Georadar - high resolution geophysical electromagnetic device

    Directory of Open Access Journals (Sweden)

    Janez Stern

    1995-12-01

    Full Text Available Georadar is a high resolution geophysical electromagnetic device that was developed in the first part of the 1980's. In Slovenia it was first tested in 1991 on several objects of economicgeological, geotechnical and hydrogeologic nature.Here its usefulness in karst studied is presented. The first part of the paper deals with description of measurement procedure and methodological bases, and the second part with experience and results of case histories. Shown are radargrams from ornamental stone quarry Hotavlje, calcite mine Stahovica, Golobja jama karstcave near Divača and from highway construction site Razdrto-Čebulovica. All measurements were performed with the georadar instrument Pulse EKKO IV with a lOOMHz antenna according to the method of reflection profiling.

  1. Mediation as a Way of Alternative Resolution of Disputes in Kosovo

    OpenAIRE

    Dr.Sc. Bedri Bahtiri; MSc. Islam Qerimi

    2014-01-01

    This work tackles mediation in Kosovo grounded on the special Law for Mediation, which entered into force in 2008. The paper is going to discuss other provisions in other legal codes and provisions which foresee mediation as a mechanism for resolution of conflicts and disagreements in extrajudicial form in the civil and criminal field etc. As for the level in which implementation of mediation has arrived in Kosovo, will be a subject of review. Therefore, firstly it discusses the notion of med...

  2. Disputed Memory

    DEFF Research Database (Denmark)

    The world wars, genocides and extremist ideologies of the 20th century are remembered very differently across Central, Eastern and Southeastern Europe, resulting sometimes in fierce memory disputes. This book investigates the complexity and contention of the layers of memory of the troubled 20th...... 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......, 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...

  3. 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...

  4. Construction of Multiple Medical Dispute Resolution Mechanisms in China%我国医疗纠纷化解机制多元化构建研究

    Institute of Scientific and Technical Information of China (English)

    李丽洁

    2012-01-01

    The main characteristics of medical disputes in China present subject Clarity and unequal, Easy generation,variousness , subjectivity and social. There are three kinds main of dispute solution mechanism, including consultation, administrative mediation,litigation. Each dispute solution mechanism has its own advantages and disadvantages. Third - party organizations as NGO, positive variation of private aid, commercial insurance agent and Judicial sent are all of integral part of medical dispute resolution mechanism. Construction and improvement of diversified medical dispute resolution mechanism becomes a necessity.%我国医疗纠纷呈现出纠纷主体的明确性与非对等性、医疗纠纷的易发性与多样性、主观性与社会性等重要特征.和解机制、行政调节机制和诉讼机制作为目前我国医疗纠纷的主要化解机制还存在许多不足与缺陷.NGO性质的第三方组织、良性变异的私立救助、商业保险代理以及医疗纠纷司法派出ADR机制是医疗纠纷化解机制的有机组成部分,从一元走向多元,构建并完善多元化医疗纠纷化解机制已成为一种必然.

  5. Mediation as a Way of Alternative Resolution of Disputes in Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bedri Bahtiri

    2014-06-01

    Full Text Available This work tackles mediation in Kosovo grounded on the special Law for Mediation, which entered into force in 2008. The paper is going to discuss other provisions in other legal codes and provisions which foresee mediation as a mechanism for resolution of conflicts and disagreements in extrajudicial form in the civil and criminal field etc. As for the level in which implementation of mediation has arrived in Kosovo, will be a subject of review. Therefore, firstly it discusses the notion of mediation, followed by definition, history, legal regulatory, types, statistics of application, advantages, weaknesses, difficulties, subjective impressions of responsible people of this extrajudicial instrument as well as of mediators’ practical experience, their recommendations for changes followed by its place and importance in the future.

  6. On the Dispute Resolution Function of the Civil Pretrial Procedure%论民事审前程序的纠纷解决功能

    Institute of Scientific and Technical Information of China (English)

    张牧遥

    2011-01-01

    传统观念上,普通程序的庭审阶段一直作为诉讼程序的母体和核心,其对纠纷的解决始终都发挥着不可替代的作用。但是,随着纠纷的日益繁杂,亟需多元化的解纷机制。审前程序因其各项主要内容之间形成的别致构造而产生了纠纷解决功能。不过,囿于立法、司法及观念等,学者在讨论审前程序的纠纷解决时,大多只关注调解,对和解及仲裁程序的重新选择等鲜有讨论。基于完善立法与充实司法实践考虑,探讨审前程序中多元化的纠纷解决方式,充分发掘审前程序的纠纷解决功能,有着现实的必要性和理论上的可行性。%In the conventional idea, the trial of ordinary procedure has been as procedural stage and the core of the matrix in the resolution of disputes always plays an irreplaceable role. But with the increasingly complex, it is urgent to disputes over pluralism plural remedy mechanism. Pretrial procedure because of its major content of chic formed between tectonic and produced dispute resolution function. However, constrained by legislation, judicial and concepts, scholars discuss pretrial procedure in the dispute resolution, mostly focus only on conciliation, reconciliation and arbitration procedure again choice etc few discussions. Based on improving legislation and full judicial practice, there has the necessity and feasibility of theoretically to discuss pretrial procedure to consider ways of multiplex dispute resolution and give full play to resolve the disputes pretrial procedure, which has practical function.

  7. Teacher Dispute Resolution Procedures in Virginia: Demographic Characteristics and Opinions of Neutral Chairpersons, School Division Superintendents, Attorneys, and Teacher Association Leaders

    OpenAIRE

    Bunch, Ardene D. Jr.

    1998-01-01

    The purposes of this study were to examine the opinions of respondents regarding dispute resolution procedures utilized by public school teachers as described in sections 22.1- 312 of the Code of Virginia. In this study, demographic and opinion data were collected from individuals selected to serve as neutral chairpersons of fact-finding panels, school division superintendents or designees, local teacher association presidents, Virginia Education Association UniServ directors, and attorneys....

  8. Investigation and Ponder on the Resolution of Online Shopping Disputes%关于网络购物纠纷解决的调查与思考

    Institute of Scientific and Technical Information of China (English)

    杨彦增

    2012-01-01

    With the rise of online shopping,online shopping disputes are increasing.However,many online shopping disputes have not been timely and effectively settled.In order to prevent and resolve the online shopping disputes and advance the development of China's economy,we should improve both moral and legal awareness of the buyer and seller and build a comprehensive online shopping dispute resolution mechanism.%随着网络购物的兴起,网络购物纠纷也日益增多,而且网络购物纠纷解决起来往往困难重重。因此,只有加强道德建设和法制教育,营造一个有利于纠纷解决的道德和法制环境,构建完善的多元化网络购物纠纷解决机制,才能更好地解决网络购物纠纷,促进我国经济的进一步发展。

  9. The Main Types of Rural Disputes in the Process of Urbanization and Dispute Resolution%城镇化进程中农村纠纷的主要类型及纠纷解决

    Institute of Scientific and Technical Information of China (English)

    闫文博; 刘志松

    2014-01-01

    Urbanization is one of the important strategy of China's development in the new period , which brings benefits to the farmers . But at the same time this process also gives rise to new forms of dispute because of its impact on the old mode of life and production . There are such problems like immigration disputes , demolition, mass incidents, left-behind children and so on.The causes of that roughly for three points:farmers go away from the land and the environment changes , administrative organs abuse of power and disre-gard for farmers'interests,last but not the least , farmers lack legal consciousness .To solve rural disputes under the new situation , we have to do something in various ways , for example, we can attach great importance to the common law , strengthen the law publicity , provide excellent service and strengthen the role of grass -roots organizations .Building a diversified dispute resolution model is more advantageous to the farmers to enjoy the fruit of reform and opening up .%城镇化是我国新时期发展的重要战略之一,这一进程在给农民带来实惠的同时,也因其对旧有的生活生产方式产生冲击而带来新的纠纷。归纳起来有移民纠纷、拆迁纠纷、群体性事件问题、留守儿童问题等,其产生的原因大致有农民脱离土地而环境改变、行政机关滥用权力漠视农民利益以及农民本身法律意识淡薄等。要解决新形势下农村纠纷,需要进行多方面的努力,如重视习惯法、加强法律宣传、提供优良服务、加强基层组织的作用等。构建多元化的纠纷解决模式更有利于农民享受改革开放的成果。

  10. 25 CFR 1000.422 - How must disputes be handled?

    Science.gov (United States)

    2010-04-01

    ... means of dispute resolution before the Tribe/Consortium files a formal appeal(s). (b) Disputes shall be...-government relationships and relevant Federal-Tribal agreements, treaties, judicial decisions, and policies... Title I-eligible program disputes may use non-binding informal alternative dispute resolution at...

  11. abour Dispute Resolution System

    African Journals Online (AJOL)

    knowledge and skills to operate effectively in the system. This has led to a new ..... The second important solution to the problem of the high referral rate was the ... with conflict. The mechanisms or tools for dealing with conflict in the workplace.

  12. İhtilaf Çözümleme Yöntemi Olarak Mübâhele (Mubāhalah as a Method of Dispute Resolution

    Directory of Open Access Journals (Sweden)

    Halil Aldemir

    2011-12-01

    Full Text Available In various occasions, the phenomenon of dispute is mentioned in the Holy Qur’an with its reasons, areas, dimensions, and solutions. In the context of the settlement of disputes that arise among individuals, communities, people with different religions, and states, basic principles as well as certain methods were presented. As a way of divine solution, the verse of mubahala (Invoking Mutual Curses has been revealed in order to resolve the conflict that existed between early Muslims and Najran Christians about the nature of Jesus and a number of theological issues that could not be resolved by negotiations. This article describes the basic concepts concerning the subject of dispute and mubahala and their dictionary meanings and usage in the Holy Quran. Then their historical context will be addressed. The occasion of calling for mubahala, the parties, its results, and mubahala as a method of conflict resolution will be explained in the light of the verses and narrations. Moreover, Muslim approaches to this method and the extent to which the exegetical commentaries of ahkamu’l-Quran and books of fiqh (Islamic law have discussed this subject will be determined.

  13. Dispute Resolution in a Traditional Hakka Village——A Field Study of Wubei Village of Western Fujian Province

    Institute of Scientific and Technical Information of China (English)

    LiuDake,; ZhaoBaohua; DavidKelly

    2004-01-01

    The traditional treatment to appease a dispute in a neighborhood in the village of Wubei used to be taking such forms as a verdict granted by the village's patriarchs, a final ruling made by the clan's elders or senior members, swearing in public, giving the offender a sound beating, gang fighting;

  14. Questioning the effectiveness of planned conflict resolution strategies in water disputes between rural communities and mining companies in Peru

    NARCIS (Netherlands)

    Sosa Landeo, Milagros; Zwarteveen, Margreet

    2016-01-01

    Disputes between mining companies and surrounding communities over the access to, control of and distribution of water form an important part of the socio-environmental conflicts that large mining operations in Peru are producing. In order to mitigate environmental impacts, solve conflicts and de

  15. Dispute resolutions from the field of economy via contracting competence through Arbitration in the republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Krenare Vokshi

    2016-03-01

    Full Text Available In terms of globalized economy, the integration trade cooperation process between state institutions, international organizations, and business entities are being followed by a dynamism regarding creation, modification, and termination of relations through the contracts which are now more standardized. Good business practices offered a good experience in terms of solving disputes on business transactions, local or international, security, efficiency and speed of trailing are enforced only if this issue is foreseen and contracted with special courts of arbitration. The role of arbitration on international trade is not only the solution of disputes. The arbitration has as its mission before the building of a fair trade and legal practice such as bona fides.

  16. New roles for family therapists in the courts: an overview with a focus on custody dispute resolution.

    Science.gov (United States)

    Emery, Robert E; Rowen, Jenna; Dinescu, Diana

    2014-09-01

    Many legal issues involve conflicts that are at least as much psychological and relational as they are legal in nature. Juvenile and family courts have always embraced a helping philosophy under the parens patriae legal doctrine. These courts address problems where family relationships are central, for example, custody and coparenting disputes, divorce, child abuse and neglect, foster care, intimate partner violence, and juvenile delinquency. Family therapists are playing a growing role in all of these matters. In this article, we use child custody disputes as a more in-depth example for exploring new, potential roles for family therapists, particularly as mediators and parenting coordinators. To show the breadth of the role for family therapists, we also more briefly consider the topics of child abuse and neglect, foster care, juvenile delinquency, and drug and alcohol issues.

  17. Deeper into divorce: using actor-partner analyses to explore systemic differences in coparenting conflict following custody dispute resolution.

    Science.gov (United States)

    Sbarra, David A; Emery, Robert E

    2008-02-01

    Divorce is an inherently interpersonal experience, yet too often adults' reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution.

  18. 我国高校人事争议解决机制研究%Study on the resolution mechanism of university personnel dispute in China

    Institute of Scientific and Technical Information of China (English)

    钮铖

    2015-01-01

    The resolution mechanism of university personnel dispute is a relief system born in the system re-form of public institutions and the reform of personnel system in university.With the deepening of the reform, the resolution mechanism of university translates from a purely administrative method into the“one arbitration two trial” system composed with the relative neutrality personnel dispute arbitration agency and the judicial trial,and forms a reciprocal system of personnel dispute consultation,mediation,complaint,arbitration and liti-gation.This system has been formed,but there are still many aspects of the need to solve the problem,need to be perfected in practice.%高校人事争议解决机制是在我国事业单位体制改革与高校人事制度改革中诞生的一项人事争议救济制度。随着改革的深入,高校人事争议解决机制由单纯的行政手段转变为由相对中立的人事争议仲裁机构仲裁与司法审判构成的“一裁两审”体制,形成了人事争议协商、调解、申诉、仲裁与诉讼相互配合的制度体系。这个体系虽已形成,但仍然存在着诸多亟需解决的问题,需要在实践中不断完善。

  19. An Analysis of the Application of Alternative Dispute Resolution%替代性纠纷解决机制在我国的适用

    Institute of Scientific and Technical Information of China (English)

    胡晓涛

    2011-01-01

    Alternative dispute resolution is causing increasing concerns in the theoretical study of judicial practice and civil procedure law.It has significance in resolving the civil disputes.Meanwhile,there still exist some conflicting problems in the applicatio%替代性纠纷解决机制在司法审判实践与民事诉讼法学理论研究中越来越引起学者关注,它在解决民事纠纷的过程中具有独特的价值。但是与此同时,替代性纠纷解决方式的适用过程中存在若干冲突性问题。从完善立法、构建有效的多元化纠纷解决的法律体系、对民事案件进行分流以及加强法院的监督职能等多方面入手去解决这些问题就显得十分必要。

  20. 建筑物区分所有权纠纷多元化解决机制的建构%The Establishment of Diversified Condominium Disputes Resolution System

    Institute of Scientific and Technical Information of China (English)

    薛源

    2012-01-01

    The increased condominium disputes bring in more researches on disputes resolution system. One of the characters of condominium disputes is that it relates to the significant interests of the involved parties who have adjacent relation and are co-owners, as need maintain harmonious orders among themselves. The resolution of disputes needs to make good use of every resource and method to solve problems and restore the order. Such demand could only be satisfied by diversified disputes resolution system. With the combination of judicial and extra-judicial measures and diversified conciliators such as boards of condominium associations, real estate management companies, conciliation committees of the people and government agency, the diversified disputes resolution system would meet the request of the property owners and should be promoted by the state.%建筑物区分所有权纠纷的日益增多使得纠纷的解决方式成为研究的重点。这种纠纷有其特殊性,往往涉及当事人的根本利益,而当事人之间又存在相邻关系和共有关系,需要维持和谐的生活秩序。纠纷的解决需要多元化的纠纷解决机制。应采用诉讼、非诉讼的手段,以业主委员会、物业服务企业、人民调解委员会、行政机构等作为调解主体。这既是业主解决纠纷的内在需求,又是国家应当大力推动的建筑物区分所有权纠纷的解决方向。

  1. On the Features of Legal Principle in the Diverse Dispute Resolution Mechanism and its Predicaments%试论多元化纠纷解决机制的法理特征与困境

    Institute of Scientific and Technical Information of China (English)

    程凯; 吴大华

    2011-01-01

    多元化纠纷解决机制是现实社会中解决矛盾与纠纷的重要手段,承载着解决民事纠纷的重要功能。其表现在法理上的特征值得仔细研究,对其司法调解中的限度问题值得关注,尤其是当前法治中的现实困境对纠纷解决机制也产生了不可忽视的影响。%The diverse dispute resolution mechanism is an important method to solve social contradictions and disputes.Meanwhile it undertakes the important function of solving civil disputes.The features of its legal principle are worth studying and its limits in judicial mediation are worth paying attention to.In addition,the legal predicaments in current legal governing have great influence on the dispute resolution mechanism.

  2. 从习惯法的视角看民族地区的非诉讼纠纷解决机制%Study of Alternative Dispute Resolution in Ethnic Areas Based on Perspective of Customary Law

    Institute of Scientific and Technical Information of China (English)

    杨平; 殷兴东

    2011-01-01

    现代司法诉讼制度存在一定的局限性,因此,在民族地区建立多元纠纷解决机制很有必要.以习惯法运行为主要内容的民族地区非诉讼纠纷解决机制,具有自身的特点和优势.对民族地区的非诉讼纠纷解决机制进行有益利用和有效整合,实现民族习惯法与国家法的互补,对民族地区的法治建设有积极意义.%Modern system of judicial proceedings has some limitations, so establishing alternative dispute resolution is very necessary in minority areas. The alternative dispute resolution including using minority customary law has its own characteristics and advantages in minority areas. It has very positive significance to use and integrate alternative dispute resolution in minority areas and to achieve minority customary law and state law complementing each other.

  3. 隐性交易成本对承包商工程争端解决决策影响分析%Study of Hidden Costs’ Effect on Contractor’s Decision of Construction Dispute Resolution

    Institute of Scientific and Technical Information of China (English)

    吕文学; 刘涧; 王晓旭

    2014-01-01

    工程争端不可避免,随着第三方的介入,解决争端的成本花费也随之递增。通过文献分析及专家访谈,识别出11项构成工程争端隐性成本的影响因素,对每一项因素导致成本增加的影响方式进行了详细分析。通过因子分析,获得5类工程争端隐性成本:商务关系成本、时间成本、咨询成本、信用成本以及司法腐败成本,且重要性依次降低。研究结果有助于承包商认识到隐性成本对争端处理决策的影响,理性地设置谈判底线,避免争端升级,实现双赢。%Project dispute is inevitable. The costs of dispute resolution increase with the third-party involvement. Based on literature review and expert interview,this article identifies 11 factors that are relative to hidden costs of construction disputes and analyzes the influence of increasing cost by each factor in detail. By using a factor analysis method,the paper gets five hidden costs of project dispute,namely,business relations cost,time cost,consulting cost,credit cost and judicial corruption cost,the importance of which reduces in turn. The results of the study help the contractor identify the influence of hidden costs and set their bottom line reasonably,thus,avoiding the upgrade of the dispute and realizing the Win-Win situation.

  4. 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.

  5. Labor Arbitration and Dispute Resolution.

    Science.gov (United States)

    Getman, Julius G.

    1979-01-01

    Discusses the nature of labor arbitration; then explores the transferability of the labor arbitration model. Argues that the establishment and legitimation of unions and collective bargaining are responsible for the success of labor arbitration, not vice versa. Available from The Yale Law Journal, 401A Yale Station, New Haven, Connecticut 06520;…

  6. Institutionalisation of Mediation for Dispute Resolution in the Field of Social Bankruptcy of Citizens in Russia or how to prevent losses of 300 billions rubles of Russian Federation

    Directory of Open Access Journals (Sweden)

    Avdyev Marat Aleksandrovich

    2015-12-01

    Full Text Available The important problem of modern Russia is poverty of about 22,1 billions citizens. because of illegal action or practice of lending money at unreasonably high rates of interest. About 4,2 billions citizens of Russian are social bankrupts. There are many obstacles for human right in court. Total budget for legal expenses may estimates over than 1,5-2 average annual income of household. Therefore author considers mediation as alternative procedure for dispute resolution between creditors and debtors. Some amendment of law desirable for institutionalization of mediation practice in this types conflicts such as mandatory mediation and so on.

  7. 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.

  8. 乡村纠纷解决中的法律失灵--湖南柳村林权纠纷的个案研究%Legal Failure of Dispute Resolutions in Rural China:A Case Study of Forest-property Dispute of Liu Village in Hunan

    Institute of Scientific and Technical Information of China (English)

    周梅芳

    2014-01-01

    法律途径是民间纠纷解决的方式之一,然而,在纠纷解决过程中也时常会出现法律失灵现象。本文通过对湖南柳村一起林地纠纷过程的个案分析,从法律审判的内在特征出发,结合对公平距离感的讨论,揭示了法律审判自身的适用限度与人们对法律审判的公正距离感之间的内在关系,进而得出忽视法律审判的适用限度和纠纷的结构特征而过多依赖法律审判来解决纠纷是导致乡村矛盾纠纷解决中法律失灵的重要原因,同时也是中国乡村纠纷解决困境的重要症结所在。%Legal Failure in the process of dispute resolution is often represented in rural China. This paper makes a close study on a forest-property dispute which happed in Liu Village, and reveals the rela⁃tionship between the limitation of judicial judgment and justice distance perception by analyzing the intrin⁃sic traits of judicial judgment and justice distance, on the basis of the analysis, this paper draws further conclusion that it is the blind?reliance on judicial judgment which cause by regardless of the limitation for judicial judgment and the complicated dispute structure that leads to the legal failure.

  9. Divorce Child Custody Disputes.

    Science.gov (United States)

    Houlgate, Laurence D.

    1987-01-01

    Examines ethical issues in making policy decisions regarding divorce child custody disputes. Suggests dilemma occurs when legislator must decide between discretionary standard promoting best interest of child and nondiscretionary arbitrary assignment of custody. Advocates normative analysis of various types of dispute-settling processes and…

  10. A Law Approach to Construct the Disputes Resolution Centre of the Straits Economic Zone%海峡西岸经济区纠纷解决中心建设的法律分析

    Institute of Scientific and Technical Information of China (English)

    陈慰星

    2011-01-01

    海峡西岸经济区是一个富集区位资源的地理区划概念。区位能理论解释区位资源自我增强并促进区位发展的原理,并说明了海西经济区纠纷解决中心应当具备区位能优势,实现自我增强。通过实证分析可知,厦门在海西经济区中具备机制、人才和法律的优势区位能,可以依此被打造为海西纠纷解决中心,并同时能藉此实现中心区域的自我增强和发展。%Straits economic zone is a geographical concept of regionalization with abundance resources. Theory of location capability can be applied to explain how the location resources to be self - strengthen and illuminate that its disputes resolution centre should have the location capability to make itself stronger. With the advantages of system, people and legislation, we know that Xiamen city has its potential to be constructed a disputes resolution centre of straits economic zone through the cases study.

  11. Avuncular Arbitrator’s New Tomorrow TV Show as Diversified Dispute Resolution Mechanism Research%“老娘舅”的新明天--电视调解节目纠纷解决机制的探索

    Institute of Scientific and Technical Information of China (English)

    王晨阳

    2016-01-01

    电视调解节目是通过大众传媒实现矛盾调解,在非诉讼纠纷解决机制中有特殊地位,是对传统调解的异化。随着《民事诉讼法解释》在调解范围、恶意调解、调解公开和调解协议书司法确认等方面的进一步完善和突破,电视调解节目作为新型多元化纠纷解决机制而面临新的机遇和挑战。%TV mediation show as Avuncular Arbitrator in China has brought a profound impact on people ’s lives. Meanwhile,mediation shows such as the Third Chamber got high audience rating as the market grows.These TV shows can complete the mediation through the mass media among people,which represents its unique status in non-litigious dispute resolution mechanism,and is sometimes treated as a alienation of the traditional mediation.As the new interpretation of the code of civil procedure law brings further improvement and breakthrough in the scope of mediation,malicious mediation, conciliation and mediation agreement in public judicial confirmation,the television mediation program is facing a great reform opportunity as a new pluralistic dispute resolution mechanism.

  12. Arbitration in partner disputes.

    Science.gov (United States)

    Alexander, R

    1989-09-22

    Partnership disputes are not uncommon. Settlement in the courts is expensive and may bring unwelcome publicity. Dr Alexander has acted as arbitrator between GPs and commends arbitration as a cheaper, more private, alternative.

  13. 48 CFR 52.233-1 - Disputes.

    Science.gov (United States)

    2010-10-01

    .... (c) Claim, as used in this clause, means a written demand or written assertion by one of the... demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a... to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR,...

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

    Energy Technology Data Exchange (ETDEWEB)

    Hu Kaixian, E-mail: k2hu@engmail.uwaterloo.ca [Department of Systems Design Engineering, University of Waterloo, 200 University Avenue West, Waterloo, Ontario, N2L 3G1 (Canada); Hipel, Keith W., E-mail: kwhipel@uwaterloo.ca [Department of Systems Design Engineering, University of Waterloo, 200 University Avenue West, Waterloo, Ontario, N2L 3G1 (Canada); Fang, Liping, E-mail: lfang@ryerson.ca [Department of Mechanical and Industrial Engineering, Ryerson University, 350 Victoria Street, Toronto, Ontario, M5B 2K3 (Canada)

    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.

  15. Localized corrosion information using high resolution measurement devices

    DEFF Research Database (Denmark)

    Ambat, Rajan

    2005-01-01

    to control the solution flow at the tip. Through addition of reference and counter electrodes, the pipette system becomes a microscopic electrochemical cell, which can then be used with high precision to determine the electrochemical characteristics of the microstructural region of interest. The capability...... of the technique could be further enhanced by adding new features such as high resolution video visualization systems, fretting/tribo-corroson attachments, and also by integrating it with stress corrosion testing, corrosion investigation of concrete for a few to name with. The corrosion group in MPT, Technical...

  16. High Resolution Tracking Devices Based on Capillaries Filled with Liquid Scintillator

    CERN Multimedia

    Bonekamper, D; Vassiltchenko, V; Wolff, T

    2002-01-01

    %RD46 %title\\\\ \\\\The aim of the project is to develop high resolution tracking devices based on thin glass capillary arrays filled with liquid scintillator. This technique provides high hit densities and a position resolution better than 20 $\\mu$m. Further, their radiation hardness makes them superior to other types of tracking devices with comparable performance. Therefore, the technique is attractive for inner tracking in collider experiments, microvertex devices, or active targets for short-lived particle detection. High integration levels in the read-out based on the use of multi-pixel photon detectors and the possibility of optical multiplexing allow to reduce considerably the number of output channels, and, thus, the cost for the detector.\\\\ \\\\New optoelectronic devices have been developed and tested: the megapixel Electron Bombarded CCD (EBCCD), a high resolution image-detector having an outstanding capability of single photo-electron detection; the Vacuum Image Pipeline (VIP), a high-speed gateable pi...

  17. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-10-28

    ... consumer cross-border electronic commerce disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of cross-border electronic commerce disputes. For the...

  18. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-04-26

    ... consumer cross-border electronic commerce disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of cross-border electronic commerce disputes, along...

  19. The Empirical Study of Folk Beliefs and Dispute Resolution%民间信仰与纠纷解决的实证研究

    Institute of Scientific and Technical Information of China (English)

    王丽

    2015-01-01

    The folk beliefs in essence belongs to the category of religion,It is derived from the people's daily life behavior and is deeply rooted in the Chinese religious beliefs and behavior of people.At present,the civil society specification is especially significant in the grass -roots judicial and produced some positive social effects.Folk religion as an important part of folk social norms,its rules and principles in the civil society are formed and get the follow nature.It has the function of social control, therefore is often applied to resolve the dispute and to confirm the rights and obligations.%民间信仰在本质上属于宗教的范畴,是从人们日常生活中衍生出来的行为规范,是深植于中国老百姓中的宗教信仰及行为表现。目前,民间社会规范在基层司法中的作用尤为显著并产生了一些积极的社会效果,民间信仰作为民间社会规范的重要组成部分,其规则和原则在民间社会中自然形成并得到遵从,并且具有社会控制的功能,因此经常被应用于解决纠纷和对权利义务进行确认,作用远大于立法。

  20. Labour Disputes of Gifted Employees

    Science.gov (United States)

    van der Waal, Ido; Nauta, Noks; Lindhout, Rebecca

    2013-01-01

    This article describes a study on labour disputes of gifted people. Fifty-five gifted people, who have had one or more labour disputes, which resulted in their staying at home and filling out an online survey. Face-to-face interviews were held with seven respondents with more than two labour disputes. In this article, we describe the results of…

  1. Determining the Spectral Resolution of a Charge-Coupled Device (CCD) Raman Instrument

    DEFF Research Database (Denmark)

    Liu, Chuan; Berg, Rolf W.

    2012-01-01

    A new method based on dispersion equations is described to express the spectral resolution of an applied charge-coupled device (CCD) Czerny-Turner Raman instrument entirely by means of one equation and principal factors determined by the actual setup. The factors involved are usual quantities suc...

  2. The Conceptual Structure of Social Disputes

    Directory of Open Access Journals (Sweden)

    Thomas Homer-Dixon

    2014-03-01

    Full Text Available We describe and illustrate a new method of graphically diagramming disputants’ points of view called cognitive-affective mapping. The products of this method—cognitive-affective maps (CAMs—represent an individual’s concepts and beliefs about a particular subject, such as another individual or group or an issue in dispute. Each of these concepts and beliefs has its own emotional value. The result is a detailed image of a disputant’s complex belief system that can assist in-depth analysis of the ideational sources of the dispute and thereby aid its resolution. We illustrate the method with representations of the beliefs of typical individuals involved in four contemporary disputes of markedly different type: a clash over German housing policy, disagreements between Israelis over the meaning of the Western Wall, contention surrounding exploitation of Canada’s bitumen resources, and the deep dispute between people advocating action on climate change and those skeptical about the reality of the problem.

  3. 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.

  4. High-resolution, preparative purification of PEGylated protein using a laterally-fed membrane chromatography device.

    Science.gov (United States)

    Madadkar, Pedram; Nino, Sergio Luna; Ghosh, Raja

    2016-11-01

    We discuss the use of a laterally-fed membrane chromatography (or LFMC) device for single-step purification of mono-PEGylated lysozyme. Recent studies have shown such LFMC devices to be suitable for high-resolution, multi-component separation of proteins in the bind-and-elute mode. The device used in this study contained a stack of rectangular cation-exchange membranes having 9.25mL bed volume. PEGylation of lysozyme was carried out in batch mode using 5kDa methoxy-polyethyleneglycol propionaldehyde (or m-PEG propionaldehyde) in the presence of sodium cyanoborohydride as reducing agent. Membrane chromatographic separation was carried out at 1.62 membrane bed volumes per minute flow rate, in the bind-and-elute mode. When a salt gradient was applied, the higher PEGylated forms of lysozyme (i.e. the byproducts) eluted earlier than mono-PEGylated lysozyme (the target product), while lysozyme eluted last. Under elution conditions optimized for resolution and speed, the separation could be carried out in less than 15 membrane bed volumes. High purity and recovery of mono-PEGylated lysozyme was obtained. The resolution of separation of mono-PEGylated lysozyme obtained under the above condition was comparable to that reported in the literature for equivalent cation-exchange resin columns while the flow rate expressed in bed volumes/min was 21.7 times higher. Also, the number of theoretical plates per meter was significantly higher with the LFMC device. Therefore the LFMC based purification process discussed in this paper combined high-productivity with high-resolution. Copyright © 2016 Elsevier B.V. All rights reserved.

  5. Certain Aspects of Interstate Activity of International Centre for Settlement of Investment Disputes

    Directory of Open Access Journals (Sweden)

    A V Kozmenko

    2011-09-01

    Full Text Available The article examines notion, concept and structure of International Centre for Settlement of Investment Disputes as well as certain aspects of its activities. Article emphasizes and describes the main activity of the centre - administration of arbitration proceedings related to international investment disputes, which is a very important element furthering effective cooperation of States in resolution of disputes related to international investment relations.

  6. Exploring graphene field effect transistor devices to improve spectral resolution of semiconductor radiation detectors

    Energy Technology Data Exchange (ETDEWEB)

    Harrison, Richard Karl [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States); Howell, Stephen Wayne [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States); Martin, Jeffrey B. [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States); Hamilton, Allister B. [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States)

    2013-12-01

    Graphene, a planar, atomically thin form of carbon, has unique electrical and material properties that could enable new high performance semiconductor devices. Graphene could be of specific interest in the development of room-temperature, high-resolution semiconductor radiation spectrometers. Incorporating graphene into a field-effect transistor architecture could provide an extremely high sensitivity readout mechanism for sensing charge carriers in a semiconductor detector, thus enabling the fabrication of a sensitive radiation sensor. In addition, the field effect transistor architecture allows us to sense only a single charge carrier type, such as electrons. This is an advantage for room-temperature semiconductor radiation detectors, which often suffer from significant hole trapping. Here we report on initial efforts towards device fabrication and proof-of-concept testing. This work investigates the use of graphene transferred onto silicon and silicon carbide, and the response of these fabricated graphene field effect transistor devices to stimuli such as light and alpha radiation.

  7. Reforms and Reconstruction of Administrative Dispute Resolution Institution---based on the equilibrium theory of modern administrative law%行政争议解决体制的改革和重构--基于现代行政法的平衡理论

    Institute of Scientific and Technical Information of China (English)

    倪佳祎

    2014-01-01

    社会面临行政争议解决难的问题,行政争议的核心是行政权存在及行使过程中对私权的授益和侵益,是公权与私权之间调整的界限、程度、方式的平衡。基于良性制度体系下行政争议的合理有效解决关涉行政行为的效力、行政机关的公信力以及行政相对人权利的保障。试从法治框架下探讨该问题。%Society faces the difficult problem of administrative dispute resolution.The core of the administrative dispute is the invasion of private rights granted benefits and benefits during the course of the existence and exercise of executive power.Is the balanced to adjust between public and private rights to the boundaries, extent, way.based on the Benign institutional system,Reasonable and effective resolution of administrative disputes concerned w ith the effectiveness of administrative acts, the executive's credibility and the protection of the rights of the administrative counterpart.This paper tries to explore the issue from the rule of law.

  8. Mediationo of Labour Disputes in Kazakhstan in Comparative Context

    Directory of Open Access Journals (Sweden)

    Guzal Galiakbarova

    2016-01-01

    Full Text Available The authors undertake an analysis of features of mediation in individual labour disputes settlement in the Republic of Kazakhstan and the Russian Federation. The current paper also analyzes the experience of some foreign countries (USA, UK, Germany, based on a study which suggests the ways of improving the mediation institution in Kazakhstan. In addition, the identified advantages of mediation as an extra-judicial regulation of labour disputes, the authors point out the identified shortcomings of the matter in new the Labour Code of the Republic of Kazakhstan. Relevance of the topic is reasoned to the fact that in the 21st century extra-judicial settlement of disputes is preferred worldwide these days. In this context, it is no exception to the regulation of individual labour disputes without appealing to the courts. It demonstrates the role and significance of the introduction and development of conciliation procedures, including mediation, without diminishing the importance of other remedies to protect labour rights and freedoms provided in the labour legislation. An analysis of Kazakhstan’s and Russia’s procedural laws indicates a steady trend of expansion of alternative legal ways of disputes settlement in general, and particularly in labour disputes, including disputes between economic agents (employer and employee, which seems to be responded to the modern development of economic relations. Extrajudicial ways of conflict resolution may be undertaken not only by jurisdictional, but also by non-judicial mechanisms that are in the beginning stage of formation as alternative ways of resolving labour disputes at this period of Kazakhstan’s development.

  9. Ethiopian customary dispute resolution mechanisms: Forms of ...

    African Journals Online (AJOL)

    using different customary rituals where needed; emphasise the restitution of ... The most comprehensive working definition of restorative justice has been ..... the determination of a plan for making amends (Van Ness and Strong 2010:67).

  10. 1. Customary Dispute Resolution in Afar Society

    OpenAIRE

    2016-01-01

    Profile of the Region Afar Regional States located in the Northeast of Ethiopia, is structured into 5 zones and 29 wereda and 339 kebele. Afar land, comprising about 100,860 sq. km, stretches from the Middle Awash Valley in the south to the coastal depression of the Red Sea in the North. The Afar also live in the northern part of Djibouti and in the costal region in Eritrea south of the Bori peninsula. Located in a triangle of low land covering the Awash valley and the Danakil depression, the...

  11. Kashmir Dispute: Significance of Its Early Resolution

    Science.gov (United States)

    2010-03-01

    to the Kashmir’s ruler Maharaja Hari Singh. The Maharaja procrastinated in making the timely decision, which led to a popular uprising in the...Display of strong political will, flexibility and mutual trust by political leaders to overcome the resistance from key stakeholders / spoilers

  12. Preservation Orders in Commercial Disputes

    Institute of Scientific and Technical Information of China (English)

    Julia Winters; Shayne Strukoff

    2011-01-01

    @@ Introduction China is among Canada's most important trading partners.British Columbia, Canada's gateway to the Pacific, saw a significant trade increase with mainland China in the last decade: from 2001 to 2010, B.C.'s exports to China increased roughly 500% to $4 billion. With such a significant trade volume, it is inevitable that contractual disputes will arise.What happens if the dispute involves a Chinese company doing business in B.C.? In this article, we will use the example of a commercial dispute involving a company from Shandong in order to illustrate one of the legal remedies available within B.C.'s legal framework.

  13. 28 CFR 902.2 - Raising disputes.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Raising disputes. 902.2 Section 902.2 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.2 Raising disputes. (a) Cognizable disputes may be based upon: (1) A claim that the...

  14. 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.

  15. 我国体育纠纷化解机制的法治化路径选择--基于体育治理现代化的视角%Legislation of Chinese Sports Dispute Resolution Mechanism---In View of Sports Management Modernization

    Institute of Scientific and Technical Information of China (English)

    张奇; 李亮

    2015-01-01

    基于当下的时代背景,全面推进体育治理体系与治理能力的现代化应当树立法治体育的主导地位,同时需要将体育纠纷的化解全面纳入到法治化的轨道。从法社会学视角出发重新解读体育纠纷的含义,可以发现体育纠纷包含前冲突阶段、冲突阶段与第三者介入纠纷三个阶段。在此基础上,提出我国体育纠纷化解机制的法治化路径:一是将体育纠纷全面纳入司法审查的轨道,二是努力构建适应当下体育纠纷化解的现代ADR制度。此外,路径自身应保持开放的姿态与多元的解纷方式。%The current historical background requires that to fully promote the sports management system and management ability ,the leading position of sports legislation should be established .Meanwhile ,it is necessary to include sports dispute resolution mechanism into sports legislation .From a sociological perspective ,sports dispute resolution mechanism can be divided into three stages :pre‐conflict ,conflict ,conflict involving the third party .Firstly ,sports de‐conflict should be in‐corporated into the judicial review .Secondly ,modern ADR system of sports de‐conflicts should be established .In addi‐tion ,there should be open and diverse ways of sports dispute resolution .

  16. High-resolution real-time 3D shape measurement on a portable device

    Science.gov (United States)

    Karpinsky, Nikolaus; Hoke, Morgan; Chen, Vincent; Zhang, Song

    2013-09-01

    Recent advances in technology have enabled the acquisition of high-resolution 3D models in real-time though the use of structured light scanning techniques. While these advances are impressive, they require large amounts of computing power, thus being limited to using large desktop computers with high end CPUs and sometimes GPUs. This is undesirable in making high-resolution real-time 3D scanners ubiquitous in our mobile lives. To address this issue, this work describes and demonstrates a real-time 3D scanning system that is realized on a mobile device, namely a laptop computer, which can achieve speeds of 20fps 3D at a resolution of 640x480 per frame. By utilizing a graphics processing unit (GPU) as a multipurpose parallel processor, along with a parallel phase shifting technique, we are able to realize the entire 3D processing pipeline in parallel. To mitigate high speed camera transfer problems, which typically require a dedicated frame grabber, we make use of USB 3.0 along with direct memory access (DMA) to transfer camera images to the GPU. To demonstrate the effectiveness of the technique, we experiment with the scanner on both static geometry of a statue and dynamic geometry of a deforming material sample in front of the system.

  17. 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....

  18. Approaches to resolving trade disputes.

    Science.gov (United States)

    Wilson, D W; Thiermann, A B

    2003-08-01

    The authors discuss the various approaches to resolving trade disputes available to Member Countries of the OIE (World organisation for animal health). The paper first describes the rights and obligations of Member Countries in setting health measures for the importation of animals and animal products, according to the provisions of the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement). The authors indicate how OIE standards may be used to set import measures and introduce issues such as equivalence and the use of provisional measures, which are both areas of potential conflict. The authors then describe the options available for resolving disputes--bilateral discussions, mediation through the OIE, the use of the WTO SPS Committee and the formal WTO dispute settlement process, discussing the advantages and disadvantages of each.

  19. 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.

  20. Exploration on the Three Discourses and Practice of Dispute Resolution in Contemporary China%当代中国纠纷解决的三种话语及实践探析∗

    Institute of Scientific and Technical Information of China (English)

    石任昊

    2016-01-01

    The article has defined "moral discourse", "political discourse", "legal discourse" as three major discourses of dispute resolution in contemporary China by introducing the concept of"discourse"."Moral discourse" is the discourse system which is guided by the traditional thought of China and constructed by taking the"ritual" of Confucian ethics as the center, it put emphasis on substantive justice;"Political discourse" is the discourse system which is created by the Communist Part of China for the certain politi⁃cal interests and political goals, it has experienced the course from the construction of the Communist Party of China to the national construction;"Legal discourse" is the discourse system which takes the protection of the relationship of "right-obligation" of modern society as the core, takes the legal systems formulated by the state as the guideline and emphasizes procedural justice. In period of so⁃cial transformation of China, the three discourses have referred to three different generating systems of legality and presented the two kinds of appearance of"explicit differentiation" and"recessive conflict". This requires us to explore the relationship collaboration and authority configuration between the three discourses on the basis of cultural confidence. Only conforming to the local culture of China can guarantee the construction of law smoothly.%引入“话语”概念,“道德话语”“政治话语”“法律话语”可以作为当代中国纠纷解决的三种话语。“道德话语”是以中国传统思想为指导、以儒家伦理中的“礼”为中心建构起来的、强调实质正义的话语体系;“政治话语”是由中国共产党缔造的、为了一定政治利益和政治目标并经历了共产党建设到国家建设演变历程的话语体系;“法律话语”是以保障现代社会“权利—义务”关系为核心、以国家制定的法律规则体系为导向、强调程序正义的话语体系。在

  1. Active Learning Approaches by Visualizing ICT Devices with Milliseconds Resolution for Deeper Understanding in Physics

    Science.gov (United States)

    Kobayashi, Akizo; Okiharu, Fumiko

    2010-07-01

    We are developing various modularized materials in physics education to overcome students' misconceptions by use of ICT, i.e. video analysis software and ultra-high-speed digital movies, motion detector, force sensors, current and voltage probes, temperature sensors etc. Furthermore, we also present some new modules of active learning approaches on electric circuit using high speed camera and voltage probes with milliseconds resolution. We are now especially trying to improve conceptual understanding by use of ICT devices with milliseconds resolution in various areas of physics education We give some modules of mass measurements by video analysis of collision phenomena by using high speed cameras—Casio EX-F1(1200 fps), EX-FH20(1000 fps) and EX-FC100/150(1000 fps). We present several new modules on collision phenomena to establish deeper understanding of conservation laws of momentum. We discuss some effective results of trial on a physics education training courses for science educators, and those for science teachers during the renewal years of teacher's license after every ten years in Japan. Finally, we discuss on some typical results of pre-test and post-test in our active learning approaches based on ICT, i.e. some evidence on improvements of physics education (increasing ratio of correct answer are 50%-level).

  2. A multi-phonon light-scattering and resolution of acousto-optic devices

    Science.gov (United States)

    Shcherbakov, Alexandre S.; Hanessian de la Garza, Ana V.; Chavushyan, Vahram; Nemov, Sergey A.

    2012-02-01

    Rather specific types of light diffraction in the condensed matters are analyzed theoretically, so that in fact a set of processes conditioned by a multi-phonon light scattering in the Bragg regime is under investigation. Besides of their scientific novelty, studying these phenomena promises real progress in applications, because practical exploiting of the m - phonon processes in frontier schemes for the acousto-optical spectrum analysis of both optical and radio-signals leads potentially to improving the frequency and/or spectral resolution of the corresponding analyzers by almost m - times. With this in mind, the wave-based description, the corpuscular approach as well as the quantum interpretation of acousto-optical interaction are used here to characterize various aspects related to improving the expected resolution of acousto-optical devices exploiting a multi-phonon light scattering. In so doing, the quantity of orders under consideration is limited by number N <= 4 , which is still hopefully possible to be achieved experimentally in Bragg regime. Additionally, a brief description of a multi-order light scattering by usual thin diffraction grating is presented in the appendix for the convenience of its physical comparison with the results obtained for acousto-optics.

  3. 40 CFR 35.936-9 - Disputes.

    Science.gov (United States)

    2010-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.936-9 Disputes. Only an EPA grantee may initiate and prosecute an appeal to the Administrator under the disputes provision of a grant... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Disputes. 35.936-9 Section 35.936-9...

  4. 29 CFR 1202.3 - Representation disputes.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Representation disputes. 1202.3 Section 1202.3 Labor Regulations Relating to Labor (Continued) NATIONAL MEDIATION BOARD RULES OF PROCEDURE § 1202.3 Representation disputes. If any dispute shall arise among a carrier's employees as to who are the representatives of such...

  5. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

    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...

  6. 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 business and 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 report of the first three sessions of the UNCITRAL ODR Working...

  7. 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.

  8. A Line in the Sand: Prospect Theory and Nash Arbitration in Resolving Territorial Disputes

    Science.gov (United States)

    2012-12-01

    resolution. See, Ron E. Hassner, “The Path to Intractability: Time and the Entrenchment of Territorial Disputes,” International Security 31 no. 3...Kurils is directly or indirectly related to the fishing industry, although eco- tourism holds promise if developed.124... Ron E. “The Path to Intractability: Time and the Entrenchment of Territorial Disputes.” International Security 31 no. 3 (2006/2007): 107– 138

  9. Power Plays & Capacity Constraints: The Selection of Defendants in WTO Disputes

    OpenAIRE

    Guzman, Andrew T.; Beth A Simmons

    2005-01-01

    Are smaller members of the World Trade Organization able to use the WTO’s dispute settlement mechanism on an equal footing with the more powerful members of the organization? This paper examines the relationship between the wealth and power of states and their ability to participate fully within this system of dispute resolution. Two alternative hypotheses are considered. The “power hypothesis” predicts that politically weak countries will refrain from filing complaints against politically po...

  10. 20 CFR 411.605 - What are the responsibilities of the EN that is not a State VR agency regarding the dispute...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false What are the responsibilities of the EN that is not a State VR agency regarding the dispute resolution process? 411.605 Section 411.605 Employees... responsibilities of the EN that is not a State VR agency regarding the dispute resolution process? The EN must: (a...

  11. Difficulties in Dispute Settlement of Personal Credit Information and Its Resolution%个人信用信息异议处理问题及解决途径探讨

    Institute of Scientific and Technical Information of China (English)

    金剑; 陈霞; 康振勇

    2012-01-01

    本文结合征信工作实际,从个人信用信息异议的归类、特点及成因分析入手,提出个人信用信息异议处理过程中存在的问题,并且从六个方面给出了解决途径:优化流程,提高效率,缩短周期,做好异议处理;强化业务管理。降低第三方结算业务风险;依托人民银行金融消费者权益保护中心,积极稳妥开展异议主体权益保护工作;强化制度规范。推动异议处理监督管理;规范个人信用报告应用和解读;加大征信业务培训和征信知识宣传力度。%On the context of current credit collection work, this paper discusses the problems existed in the dispute settlement of personal credit information from the aspect of dispute category, features and causes, and puts forward solutions in six manners, namely improving settlement process and efficiency, strengthening practice management to mitigate the third party settlement risk, launching consumer protection, advancing regulation on settlement, publicizing personal credit report, and push forward credit collection training and education.

  12. Enhanced Axial Resolution of Wide-Field Two-Photon Excitation Microscopy by Line Scanning Using a Digital Micromirror Device

    Directory of Open Access Journals (Sweden)

    Jong Kang Park

    2017-03-01

    Full Text Available Temporal focusing multiphoton microscopy is a technique for performing highly parallelized multiphoton microscopy while still maintaining depth discrimination. While the conventional wide-field configuration for temporal focusing suffers from sub-optimal axial resolution, line scanning temporal focusing, implemented here using a digital micromirror device (DMD, can provide substantial improvement. The DMD-based line scanning temporal focusing technique dynamically trades off the degree of parallelization, and hence imaging speed, for axial resolution, allowing performance parameters to be adapted to the experimental requirements. We demonstrate this new instrument in calibration specimens and in biological specimens, including a mouse kidney slice.

  13. An Evaluation of the use of ADR in the Nigerian Public Construction Project Disputes

    Directory of Open Access Journals (Sweden)

    Falilat Olubunmi Idowu

    2015-03-01

    Full Text Available Today’s construction projects are becoming more complex and more capital intensive. Governments of developing countries of the world are responsible for the provision of infrastructural facilities to its citizenry. Many researchers have however found that these projects are delivered late by contractors and disputes have been found as a major cause of such late deliveries. Disputes have also been found as a cause of cost overruns on construction projects. Therefore the use of ADR (Alternative Dispute Resolution in resolving construction disputes cannot be over emphasized. This study examines the issues which militate against the use of ADR as well as the ADR techniques which give satisfaction to disputants in terms of cost, time and maintenance and sustainability of relationship. The study gathered information from both primary and secondary sources. Data from primary sources were collected from fifty seven construction and legal practitioners in the public and contracting organisations with the use of questionnaires. The sampling technique that was employed was stratified simple random sampling and data was analysed with the use of SPSS. The study found Lack of awareness of ADR as one of the factors that militate against the use of ADR. The ADR techniques which give satisfaction to disputants in terms of cost, time and maintenance and sustainability of relationship are adjudication and negotiation respectively. The study recommends that awareness of ADR techniques in resolving construction dispute should be increased in order to maximize the full benefit of the use of ADR in construction projects.

  14. Industrial Disputes in the Construction Sector

    OpenAIRE

    Perry, L.J

    2012-01-01

    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...

  15. 40 CFR 35.960 - Disputes.

    Science.gov (United States)

    2010-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.960 Disputes. (a) The Regional... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Disputes. 35.960 Section 35.960... (see § 35.920-1), on the Federal share (see § 35.930-5(b)), or on any dispute arising under a grant...

  16. 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...

  17. High energy resolution hard X-ray and gamma-ray imagers using CdTe diode devices

    CERN Document Server

    Watanabe, Shin; Aono, Hiroyuki; Takeda, Shin'ichiro; Odaka, Hirokazu; Kokubun, Motohide; Takahashi, Tadayuki; Nakazawa, Kazuhiro; Tajima, Hiroyasu; Onishi, Mitsunobu; Kuroda, Yoshikatsu

    2008-01-01

    We developed CdTe double-sided strip detectors (DSDs or cross strip detectors) and evaluated their spectral and imaging performance for hard X-rays and gamma-rays. Though the double-sided strip configuration is suitable for imagers with a fine position resolution and a large detection area, CdTe diode DSDs with indium (In) anodes have yet to be realized due to the difficulty posed by the segmented In anodes. CdTe diode devices with aluminum (Al) anodes were recently established, followed by a CdTe device in which the Al anodes could be segmented into strips. We developed CdTe double-sided strip devices having Pt cathode strips and Al anode strips, and assembled prototype CdTe DSDs. These prototypes have a strip pitch of 400 micrometer. Signals from the strips are processed with analog ASICs (application specific integrated circuits). We have successfully performed gamma-ray imaging spectroscopy with a position resolution of 400 micrometer. Energy resolution of 1.8 keV (FWHM: full width at half maximum) was ob...

  18. 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…

  19. 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…

  20. High speed, high-resolution fiber Bragg grating sensing system for monitoring of weigh-in-motion devices

    Science.gov (United States)

    Tosi, D.; Olivero, M.; Perrone, G.; Vallan, A.

    2011-05-01

    We present a fast high-resolution fiber Bragg grating sensing system for weigh-in-motion (WIM) application. The proposed system makes use of standard telecom photonics components operating at high speed and with insufficient resolution; then, using signal processing we artificially improve the accuracy of the system down to 1 μɛ. This way, the proposed architecture overcomes the state of the art of optical systems for WIM, which cannot cope with both high resolution and high frequency requirements. The developed system has been applied to a prototype weigh-in-motion device, which consists of a road speed bump. Structural deformations of the bump when perturbed by a thin-footmark load are well reproduced. Using multiple Bragg grating sensors, it is possible to unambiguously determine position and weight of a moving load on the bump with accuracy of 0.2 - 1.2 kg.

  1. Per-Pixel Coded Exposure for High-Speed and High-Resolution Imaging Using a Digital Micromirror Device Camera

    Directory of Open Access Journals (Sweden)

    Wei Feng

    2016-03-01

    Full Text Available High-speed photography is an important tool for studying rapid physical phenomena. However, low-frame-rate CCD (charge coupled device or CMOS (complementary metal oxide semiconductor camera cannot effectively capture the rapid phenomena with high-speed and high-resolution. In this paper, we incorporate the hardware restrictions of existing image sensors, design the sampling functions, and implement a hardware prototype with a digital micromirror device (DMD camera in which spatial and temporal information can be flexibly modulated. Combined with the optical model of DMD camera, we theoretically analyze the per-pixel coded exposure and propose a three-element median quicksort method to increase the temporal resolution of the imaging system. Theoretically, this approach can rapidly increase the temporal resolution several, or even hundreds, of times without increasing bandwidth requirements of the camera. We demonstrate the effectiveness of our method via extensive examples and achieve 100 fps (frames per second gain in temporal resolution by using a 25 fps camera.

  2. Per-Pixel Coded Exposure for High-Speed and High-Resolution Imaging Using a Digital Micromirror Device Camera.

    Science.gov (United States)

    Feng, Wei; Zhang, Fumin; Qu, Xinghua; Zheng, Shiwei

    2016-03-04

    High-speed photography is an important tool for studying rapid physical phenomena. However, low-frame-rate CCD (charge coupled device) or CMOS (complementary metal oxide semiconductor) camera cannot effectively capture the rapid phenomena with high-speed and high-resolution. In this paper, we incorporate the hardware restrictions of existing image sensors, design the sampling functions, and implement a hardware prototype with a digital micromirror device (DMD) camera in which spatial and temporal information can be flexibly modulated. Combined with the optical model of DMD camera, we theoretically analyze the per-pixel coded exposure and propose a three-element median quicksort method to increase the temporal resolution of the imaging system. Theoretically, this approach can rapidly increase the temporal resolution several, or even hundreds, of times without increasing bandwidth requirements of the camera. We demonstrate the effectiveness of our method via extensive examples and achieve 100 fps (frames per second) gain in temporal resolution by using a 25 fps camera.

  3. The Survey and Judicial Resolution on Disputes of the Intensive Cultivated Land Lease%耕地集约化租赁的纠纷审视与司法应对

    Institute of Scientific and Technical Information of China (English)

    陈旭

    2012-01-01

    Although the intensive cultivated land lease has positive effect on the transformation and upgrading of agriculture,some negative phenomena have emerged and damaged the right of rural land which gradually converts into disputes and litigations flocking into the gate of the court.The problem highlighted by negative phenomena which is relevant to the conflicts between development and order shall not be ignored but be replied by the judicial practice with the consideration of how to balance the interests of different parties.%耕地集约化租赁虽对实现农业的转型升级具有积极作用,但也出现了一些损害农村土地权益的负面现象,并逐渐演化为诉讼纠纷。其所凸显出的发展与有序的问题不容忽视,需要司法实践积极回应,并进行利益平衡上的思考。

  4. 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.

  5. 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.

  6. U-SPECT-II: An Ultra-High-Resolution Device for Molecular Small-Animal Imaging

    NARCIS (Netherlands)

    Van der Have, F.; Vastenhouw, B.; Ramakers, R.M.; Branderhorst, W.; Krah, J.O.; Ji, C.; Staelens, S.G.; Beekman, F.J.

    2009-01-01

    We present a new rodent SPECT system (U-SPECT-II) that enables molecular imaging of murine organs down to resolutions of less than half a millimeter and high-resolution total-body imaging. Methods: The U-SPECT-II is based on a triangular stationary detector set-up, an XYZ stage that moves the animal

  7. Alternative Dispute Resolution to Solve the Conflict between Trademark and Domain Name%论商标和域名权利冲突的非诉讼纠纷解决模式

    Institute of Scientific and Technical Information of China (English)

    孙那

    2013-01-01

    商标与域名的冲突问题随着互联网的不断发展而日渐凸显。一方面,在经济利益的驱动下,权利人希望通过他人在先建立起来的商誉为自己谋取经济利益,另一方面,商标与域名不同的注册登记体系也导致了两种权利可能发生冲突。在解决两种权利冲突的问题上,除了传统的诉讼解决方式之外,我们要积极寻求非诉讼模式来解决此类纠纷,以便分流案件,从而更加高效地解决此类纠纷。这对于当事人利益的维护和司法资源的节约都是有益的探索和尝试。%With the development of the Internet , the conflict between trade-mark and domain name become increasingly prominent .On one hand driven by eco-nomic interests , the righter hope that the goodwill built up by others can reap eco-nomic benefits for themselves; on the other hand , trademark and domain name have different registration system whichleads to the conflict .To solve the conflict between the two rights , besides to the traditional litigation solution , we should ac- tively seek non-litigation mode to resolve such disputes in order to divert cases . This is beneficial for the maintenance of the interests of the righter or relevant par -ties and saving judicial resources .

  8. Development of an autonomic portable single-board computer based high resolution NIRS device for microcirculation analysis.

    Science.gov (United States)

    Rajkumar, E R; Safaie, J; Gupta, R; Pattnaik, D; Abrishamimoghaddam, H; Grebe, R; Wallois, F

    2012-01-01

    Near Infrared Spectroscopy (NIRS) is a wellestablished non-invasive technique for measuring metabolic changes in biological tissue. In this paper we describe the design and development of an autonomic portable single board computer based high resolution NIRS device, which allows quantification of these changes. The sensor-patch consisting of 8LEDs and 2photo-detectorsprovides8 channels for each detector, offering increased depth resolution for monitoring microcirculatory activity..NIRS data is acquired with a sampling rate of about 2Hz per channel using the data acquisition board which consists of a 16 bit ADC, a LED driver and programmable gain amplifiers. The components on the data acquisition board are controlled via the Advantech's PCM-3355L SBC based on Windows XP platform. The software was created using Visual Basic 6.0 and Microsoft Visual C++ 6.0. It offers optionally a real time 'monitoring' and a static data (offline) visualization mode. The most unique feature of the system is its ability to auto-calibrate itself i.e. Adopt the intensity of the LEDs output light to different experimental conditions, e.g. local melanin content, density of the tissue, and emitter-detector distances. To validate the device various experiments have been carried out such as measurements on resting and working gastrocnemius and biceps muscle in ambulatory situations. The achieved results confirmed adequate performance and reliability of the device.

  9. 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.

  10. Progress of Systematic Hands on Devices for Active Learning Methods by Visualizing ICT Tools in Physics with Milliseconds Resolution

    Science.gov (United States)

    Kobayashi, Akizo; Okiharu, Fumiko

    We are developing various systematic hands on devices for progress of active learning (AL) to improve students' conceptual understanding in physics laws. We are promoting AL methods in physics education for getting deeper conceptual understanding by using various ICT-based hands on devices and using visualizing ICT tools with milliseconds resolution. Here we investigate AL modules on collisions of big balloon pendulum with another known mass pendulum to get directly the air mass in the big balloon. We also discuss on Newton's laws of blowgun darts systems by using tapioca straws where we get definite works and energy just proportional to the length of the pipes of connected tapioca straws. These AL plans by using modules of big balloon system and blowgun-darts system are shown to be very effective for deeper conceptual understanding of Newton's Laws in almost frictionless worlds.

  11. Fluoroscopy-Guided Resolution of Ingested Thrombus Leading to Functional Disturbance of a Continuous-Flow Left Ventricular Assist Device

    Directory of Open Access Journals (Sweden)

    Jens Garbade

    2012-01-01

    Full Text Available The third generation of left ventricular assist devices (LVADs has been shown to improve outcome and quality of life in patients suffering from acute and chronic heart failure. However, VAD-associated complications are still a challenge in the clinical practice. Here we report the resolution of a mobile thrombus formation in the proximity of the inflow cannula of a third generation of LVADs (HVAD Pump, HeartWare, Inc. in a patient with chronic heart failure 4 months after implantation.

  12. Diffusion-driven device for a high-resolution dose-response profiling of combination chemotherapy.

    NARCIS (Netherlands)

    Ganser, A.; Roth, G.; Galen, J.C. van; Hilderink, J.; Wammes, J.J.; Muller, I.; Leeuwen, F.N. van; Wiesmuller, K.H.; Brock, R.E.

    2009-01-01

    Combination therapies have proven vital in the fight against HIV and cancer. However, the identification and optimization of such combination therapies is largely experience driven and an activity of clinicians rather than of systematic screening efforts. Here we present a diffusion device,

  13. 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.

  14. A 10 nN resolution thrust-stand for micro-propulsion devices

    Energy Technology Data Exchange (ETDEWEB)

    Chakraborty, Subha; Courtney, Daniel G.; Shea, Herbert, E-mail: herbert.shea@epfl.ch [Microsystems for Space Technologies Laboratory (LMTS), Ecole Polytechnique Federale de Lausanne (EPFL), Neuchatel (Switzerland)

    2015-11-15

    We report on the development of a nano-Newton thrust-stand that can measure up to 100 μN thrust from different types of microthrusters with 10 nN resolution. The compact thrust-stand measures the impingement force of the particles emitted from a microthruster onto a suspended plate of size 45 mm × 45 mm and with a natural frequency over 50 Hz. Using a homodyne (lock-in) readout provides strong immunity to facility vibrations, which historically has been a major challenge for nano-Newton thrust-stands. A cold-gas thruster generating up to 50 μN thrust in air was first used to validate the thrust-stand. Better than 10 nN resolution and a minimum detectable thrust of 10 nN were achieved. Thrust from a miniature electrospray propulsion system generating up to 3 μN of thrust was measured with our thrust-stand in vacuum, and the thrust was compared with that computed from beam diagnostics, obtaining agreement within 50 nN to 150 nN. The 10 nN resolution obtained from this thrust-stand matches that from state-of-the-art nano-Newton thrust-stands, which measure thrust directly from the thruster by mounting it on a moving arm (but whose natural frequency is well below 1 Hz). The thrust-stand is the first of its kind to demonstrate less than 3 μN resolution by measuring the impingement force, making it capable of measuring thrust from different types of microthrusters, with the potential of easy upscaling for thrust measurement at much higher levels, simply by replacing the force sensor with other force sensors.

  15. A 10 nN resolution thrust-stand for micro-propulsion devices

    Science.gov (United States)

    Chakraborty, Subha; Courtney, Daniel G.; Shea, Herbert

    2015-11-01

    We report on the development of a nano-Newton thrust-stand that can measure up to 100 μN thrust from different types of microthrusters with 10 nN resolution. The compact thrust-stand measures the impingement force of the particles emitted from a microthruster onto a suspended plate of size 45 mm × 45 mm and with a natural frequency over 50 Hz. Using a homodyne (lock-in) readout provides strong immunity to facility vibrations, which historically has been a major challenge for nano-Newton thrust-stands. A cold-gas thruster generating up to 50 μN thrust in air was first used to validate the thrust-stand. Better than 10 nN resolution and a minimum detectable thrust of 10 nN were achieved. Thrust from a miniature electrospray propulsion system generating up to 3 μN of thrust was measured with our thrust-stand in vacuum, and the thrust was compared with that computed from beam diagnostics, obtaining agreement within 50 nN to 150 nN. The 10 nN resolution obtained from this thrust-stand matches that from state-of-the-art nano-Newton thrust-stands, which measure thrust directly from the thruster by mounting it on a moving arm (but whose natural frequency is well below 1 Hz). The thrust-stand is the first of its kind to demonstrate less than 3 μN resolution by measuring the impingement force, making it capable of measuring thrust from different types of microthrusters, with the potential of easy upscaling for thrust measurement at much higher levels, simply by replacing the force sensor with other force sensors.

  16. 76 FR 2035 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-01-12

    ... determining an appropriate remedy. Subpart C--Contract Disputes In subpart C, current Sec. Sec. 17.23, 17.25... Adjudicative process for protests. 17.23 Protest remedies. ] Subpart C--Contract Disputes 17.25 Dispute... an alleged breach of that contract. A contract dispute does not require, as a prerequisite,...

  17. Arbitrator Decisions in Wisconsin Teacher Wage Disputes.

    Science.gov (United States)

    Olson, Craig A.; Jarley, Paul

    1991-01-01

    Examination of arbitration decisions in Wisconsin teacher wage disputes, 1977-86, found that wage increases agreed to earlier by comparable school districts had a substantial impact on the arbitrators' decisions. (SK)

  18. Dispute over Waste Cleanup Fund Heats Up.

    Science.gov (United States)

    Chemical and Engineering News, 1979

    1979-01-01

    Presents both sides of the current dispute between the Chemical Manufacturers Association and the Environmental Protection Agency over federal legislation dealing with the responsibility of paying for cleaning up abandoned chemical dump sites and mitigating spills of hazardous materials. (BT)

  19. Structural shimming for high-resolution nuclear magnetic resonance spectroscopy in lab-on-a-chip devices.

    Science.gov (United States)

    Ryan, Herbert; Smith, Alison; Utz, Marcel

    2014-05-21

    High-resolution proton NMR spectroscopy is well-established as a tool for metabolomic analysis of biological fluids at the macro scale. Its full potential has, however, not been realised yet in the context of microfluidic devices. While microfabricated NMR detectors offer substantial gains in sensitivity, limited spectral resolution resulting from mismatches in the magnetic susceptibility of the sample fluid and the chip material remains a major hurdle. In this contribution, we show that susceptibility broadening can be avoided even in the presence of substantial mismatch by including suitably shaped compensation structures into the chip design. An efficient algorithm for the calculation of field maps from arbitrary chip layouts based on Gaussian quadrature is used to optimise the shape of the compensation structure to ensure a flat field distribution inside the sample area. Previously, the complexity of microfluidic NMR systems has been restricted to simple capillaries to avoid susceptibility broadening. The structural shimming approach introduced here can be adapted to virtually any shape of sample chamber and surrounding fluidic network, thereby greatly expanding the design space and enabling true lab-on-a-chip systems suitable for high-resolution NMR detection.

  20. As the evidence of genealogy - as the example of transaction and dispute resolution of grave hills in Qing dynasty%作为证据的家谱-以清代坟山买卖及纠纷解决为例

    Institute of Scientific and Technical Information of China (English)

    李哲

    2016-01-01

    In Chinese traditional society, the grave hills are the indispensable record of genealogy, having recorded the contracts, the transactions, the location and the change of the grave hills. The genealogy produced the force of proving the ownership of the grave hills objectively and formed the customs of using genealogy as evidence. Moreover, the ofifcial recognized these customs. So the genealogy played an important role in the dispute resolution of the grave hills in ancient society.%在中国传统社会,坟山是家谱不可缺少的记载内容,记载了坟山买卖契约的内容、买卖经过、坟山坐落以及历史变化情况,使家谱在客观上产生了证明坟山所有权的证明力,并形成了将家谱作为证据的风俗习惯且为官方认可,在古代社会的坟山纠纷解决中发挥了重要作用。

  1. Aspects of the partnerships in the oil industry: remarks on dispute resolution provisions in the Join Operation Agreements-JOA; Aspectos das parcerias na industria do petroleo: consideracoes sobre a solucao de controversias no 'Joint Operating Agreement-JOA'

    Energy Technology Data Exchange (ETDEWEB)

    Carvalho, Romulo Soares Brillo de [Leite, Tosto e Barros Advogados Associados, Sao Paulo, SP (Brazil)

    2008-07-01

    This essay intends to analyze some aspects of Article 18 of the Joint Operating Agreement model form, drafted by the Association of International Petroleum Negotiators (AIPN) and largely used by members of the international oil and gas industry, including Brazil. We will go through the suggested wording for the arbitration clause, electing arbitration as the dispute resolution mechanism, and the waiver of sovereign immunity by the parties to the agreement. We will proceed with the review of such provisions of the model form clause under Brazilian law, commenting on the lectures provided by legal authors and by the courts of Brazil on the matter. Afterwards, we will briefly analyze the case of Petroleo Brasileiro S.A. - PETROBRAS, the Brazilian state owned oil company, regarding the said subjects. Finally, upon completion of our review, we stress that the current Brazilian scenario is quite favorable to arbitration, which is accompanied by the rise of the notion of flexibility of the sovereign immunity standard, not applicable to cases of 'ius gestionis' acts carried out by subdivisions of the state. (author)

  2. Strain mapping with nm-scale resolution for the silicon-on-insulator generation of semiconductor devices by advanced electron microscopy

    Energy Technology Data Exchange (ETDEWEB)

    Cooper, David; Denneulin, Thibaud; Barnes, Jean-Paul; Hartmann, Jean-Michel; Hutin, Louis; Le Royer, Cyrille [CEA, LETI France MINATEC Campus, 17 rue des Martyrs, 38054 Grenoble Cedex 9 (France); Beche, Armand [CEA, LETI, and FEI France MINATEC Campus, 17 rue des Martyrs, 38054 Grenoble Cedex 9 (France); Rouviere, Jean-Luc [CEA, INAC, MINATEC Campus, 17 rue des Martyrs, 38054 Grenoble Cedex 9 (France)

    2012-12-15

    Strain engineering in the conduction channel is a cost effective method of boosting the performance in state-of-the-art semiconductor devices. However, given the small dimensions of these devices, it is difficult to quantitatively measure the strain with the required spatial resolution. Three different transmission electron microscopy techniques, high-angle annular dark field scanning transmission electron microscopy, dark field electron holography, and nanobeam electron diffraction have been applied to measure the strain in simple bulk and SOI calibration specimens. These techniques are then applied to different gate length SiGe SOI pFET devices in order to measure the strain in the conduction channel. For these devices, improved spatial resolution is required, and strain maps with spatial resolutions as good as 1 nm have been achieved. Finally, we discuss the relative advantages and disadvantages of using these three different techniques when used for strain measurement.

  3. The East China Sea maritime and territorial dispute: a stand-off that suits everybody?

    DEFF Research Database (Denmark)

    O'Shea, Paul

    2016-01-01

    , extending the US–Japan Security Treaty to include the islands while seeking simultaneously to temper Japan's behaviour, the dispute also provides part of the rationale for the controversial US Marine bases in Okinawa and indeed for the US–Japan alliance itself. These gains make resolution unlikely, but do...

  4. The East China Sea maritime and territorial dispute: a stand-off that suits everybody?

    DEFF Research Database (Denmark)

    O'Shea, Paul

    2016-01-01

    the Chinese Communist Party's nationalist credentials and thus its legitimacy. The Abe Shinzō administration in Tokyo can use the dispute as an example of the “China Threat”, justifying the need for Japan to continue its “normalizing” path. Finally, although the USA portrays itself as a stabilizing force......, extending the US–Japan Security Treaty to include the islands while seeking simultaneously to temper Japan's behaviour, the dispute also provides part of the rationale for the controversial US Marine bases in Okinawa and indeed for the US–Japan alliance itself. These gains make resolution unlikely, but do...

  5. Explaining medical disputes in Chinese public hospitals: the doctor-patient relationship and its implications for health policy reforms.

    Science.gov (United States)

    He, Alex Jingwei; Qian, Jiwei

    2016-10-01

    In recent years China has witnessed a surge in medical disputes, including many widely reported violent riots, attacks, and protests in hospitals. This is the result of a confluence of inappropriate incentives in the health system, the consequent distorted behaviors of physicians, mounting social distrust of the medical profession, and institutional failures of the legal framework. The detrimental effects of the damaged doctor-patient relationship have begun to emerge, calling for rigorous study and serious policy intervention. Using a sequential exploratory design, this article seeks to explain medical disputes in Chinese public hospitals with primary data collected from Shenzhen City. The analysis finds that medical disputes of various forms are disturbingly widespread and reveals that inappropriate internal incentives in hospitals and the heavy workload of physicians undermine the quality of clinical encounters, which easily triggers disputes. Empirically, a heavy workload is associated with a larger number of disputes. A greater number of disputes are associated with higher-level hospitals, which can afford larger financial settlements. The resolution of disputes via the legal channel appears to be unpopular. This article argues that restoring a healthy doctor-patient relationship is no less important than other institutional aspects of health care reform.

  6. Improving the spatial resolution of soft X-ray detection using an Electron-Multiplying Charge-Coupled Device

    Science.gov (United States)

    Soman, M. R.; Hall, D. J.; Tutt, J. H.; Murray, N. J.; Holland, A. D.; Schmitt, T.; Raabe, J.; Schmitt, B.

    2013-01-01

    The Super Advanced X-ray Emission Spectrometer (SAXES) is an instrument at the Swiss Light Source designed for Resonant Inelastic X-ray Scattering with an energy resolution (E/ΔE) better than 12000 at 930 eV. Improvements to the instrument have been predicted that could allow the energy resolution to be improved by a factor of two. To achieve this, the spatial resolution of the detector (currently a Charge-Coupled Device, CCD) over which the energy spectrum is dispersed would have to be improved to better than 5 μm. X-ray photons with energies between a few hundred to a few thousand electron volts primarily interact within the field-free region of back-illuminated CCDs, where each photon forms an electron cloud that diffuses isotropically before reaching the depleted region close to the electrodes. Each photon's electron cloud is likely to be detected as an event with signal split across multiple pixels. Analysing these split events using centroiding techniques allows the photon's interaction position to be determined to a sub-pixel level. PolLux is a soft X-ray microspectroscopy endstation at the Swiss Light Source that can focus 200 eV to 1200 eV X-rays to a spot size of approximately 20 nm. Previous studies using data taken with a linear scan across the centre of a pixel in 3 μm steps predicted an improved resolution by applying centroiding techniques and using an Electron-Multiplying CCD (EM-CCD). In this study, a full 2D map of the centroiding accuracy in the pixel is presented, formed by rastering in two dimensions across the image plane in single micron steps. The improved spatial resolution from centroiding events in the EM-CCD in all areas of the pixel over the standard CCD is attributed to the improved signal to noise ratio provided by the multiplication register even at high pixel readout speeds (tens of MHz).

  7. Evaluation of the third-party mediation mechanism for medical disputes in China.

    Science.gov (United States)

    Zhao, Min

    2011-09-01

    Medical disputes have been increasing in recent years in China, which cause growing tension between doctors and patients. In many locations, it has started as a practice of exploring diversified dispute settlement methods. Great importance has been attached to the non-lawsuit model through third-party mediation, which might have been led by professional organizations, insurance companies, People's Mediation Committees, or three-level governmental authorities. Those have contributed to a rapid effective resolution of medical disputes. However, there are some deficiencies that need to be addressed and fixed up, thus calling for improvement, such as the lack of a sustainable supporting mechanism, unclear legal status of the mediation institutions and mediation agreements, patching up a quarrel by only compensation.

  8. THE MODEL OF BIOPIRACY DISPUTE SETTLEMENT IN THE FRAMEWORK OF PROTECTING TRADITIONAL KNOWLEDGE

    Directory of Open Access Journals (Sweden)

    Zakki Adlhiyati

    2016-01-01

    Full Text Available Solving the problem of traditional knowledge biopiracy faced by Indonesia is the background of this article. Thereby the problem of this papers is to seek the best way to settle the dispute occurred in biopiracy case. Due to the economic value of traditional knowledge this national resources need to be protected. Due to this economic value, a lot of traditional knowledge stolen and patented by someone else, this biopiracy cases had been long faces by the developing countries i.e Indonesia with shisheido case and avian influenza (H5NI case, India with turmeric case and basmati rice case. Judicial settlement of dispute, alternative dispute resolution, quasi judicial are a way to solve the cases which can be choose.

  9. Territory and knowledge in conflict. The border dispute of Chile and Argentina in the Andes

    Directory of Open Access Journals (Sweden)

    Rafael Sagredo Baeza

    2016-12-01

    Full Text Available Through the study of the border dispute between Argentina and Chile in Patagonia, the article offers a reflection and an example of the use of geographical knowledge in claiming territorial sovereignty. Based on the social history of science and cultural history, it presents the conditionings that influenced the arguments of both countries, and the political resolution of a territorial quarrel that over a hundred years ago, and also nowadays, forced Chile to resort to international bodies to determine its limits and ensure its rights. This situation implied a decision on the geographical knowledge of the disputed nature. This argument, however, did not bolster the Chilean position, since the referee called upon to decide the dispute, after revised several sources and not only the geographical knowledge claimed by Chile.

  10. 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.

  11. South China Sea: Disputes and Great Powers

    Institute of Scientific and Technical Information of China (English)

    Li Jinming

    2011-01-01

    In the South China Sea disputes, China has ample proof to claim sovereignty over the Xisha Islands (the Paracel Islands) and Nansha Islands (the Spratly Islands) while the claims of certain southeast Asian countries do not hold any water. The South China Sea disputes have their origins in the San Francisco Peace Treaty signed in 1951, the result of intervention by the United States and Great Britain in regional affairs. Even today, the United States has not discarded its Cold War mentality and continues to intervene in the South China Sea disputes. The only change in the United States' attitude is that it has changed its pretext for intervention from "containing Communist expansion" in the past to "preserving freedom of navigation in the South China Sea" in the present.

  12. Hearing children in court disputes between parents.

    OpenAIRE

    Mackay, Kirsteen

    2013-01-01

    The Children (Scotland) Act 1995 gives children the right to have their views taken into account when their parents take a dispute over the child to court. This is consistent with Article 12 of the United Nations Convention of the Rights of the Child (UNCRC). The most common dispute concerning children which comes before the court is over the amount of contact a child should have with the non-resident parent. This briefing reports key findings from a recent study that examined court cas...

  13. A feasibility study of a prototype PET insert device to convert a general-purpose animal PET scanner to higher resolution.

    Science.gov (United States)

    Wu, Heyu; Pal, Debashish; O'Sullivan, Joseph A; Tai, Yuan-Chuan

    2008-01-01

    We developed a prototype system to evaluate the feasibility of using a PET insert device to achieve higher resolution from a general-purpose animal PET scanner. The system consists of a high-resolution PET detector, a computer-controlled rotation stage, and a custom mounting plate. The detector consists of a cerium-doped lutetium oxyorthosilicate array (12 x 12 crystals, 0.8 x 1.66 x 3.75 mm(3) each) directly coupled to a position-sensitive photomultiplier tube (PS-PMT). The detector signals were fed into the scanner electronics to establish coincidences between the 2 systems. The detector was mounted to a rotation stage that is attached to the scanner via the custom mounting plate after removing the transmission source holder. The rotation stage was concentric with the center of the scanner. The angular offset of the insert detector was calibrated via optimizing point-source images. In all imaging experiments, coincidence data were collected from 9 angles to provide 180 degrees sampling. A (22)Na point source was imaged at different offsets from the center to characterize the in-plane resolution of the insert system. A (68)Ge point source was stepped across the axial field of view to measure the sensitivity of the system. A 23.2-g mouse was injected with 38.5 MBq of (18)F-fluoride and imaged at 3 h after injection for 2 h. The transverse image resolution of the PET insert device ranges from 1.1- to 1.4-mm full width at half maximum (FWHM) without correction for the point-source dimension. This corresponds to approximately 33% improvement over the resolution of the original scanner (1.7- to 1.8-mm FWHM) in 2 of the 3 directions. The sensitivity of the device is 0.064% at the center of the field, 46-fold lower than the sensitivity of an existing animal PET scanner. The mouse bone scan had improved image resolution using the PET insert device over that of the existing animal PET scanner alone. We have demonstrated the feasibility of using a high-resolution insert

  14. Traditions of Conflict Resolution in South Africa

    African Journals Online (AJOL)

    In the domain of law, and elsewhere, alternative dispute resolution can be used in .... tional society, and any alteration to the status quo would have been ..... processes in Pedi, Pondo and Tswana society, to name a few, which are representa-.

  15. 48 CFR 552.241-71 - Disputes (Utility Contracts).

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Disputes (Utility....241-71 Disputes (Utility Contracts). As prescribed in 541.501, insert clause 552.241-71, Disputes (Utility Contracts), in solicitations and contracts for utility services subject to the jurisdiction...

  16. 26 CFR 1.468B-9 - Disputed ownership funds.

    Science.gov (United States)

    2010-04-01

    ... not a transferor-claimant uses the cash receipts and disbursements method of accounting and transfers... transferor-claimant using the cash receipts and disbursements method, however, the disputed ownership fund... of a transfer of disputed property to the disputed ownership fund. However, the accrual or receipt...

  17. 29 CFR 1440.1 - Arbitration of pesticide data disputes.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration of pesticide data disputes. 1440.1 Section 1440... ARBITRATION OF PESTICIDE DATA DISPUTES § 1440.1 Arbitration of pesticide data disputes. (a) Persons requesting... in writing to the appropriate American Arbitration Association Regional Office. Such requests...

  18. 29 CFR 901.4 - Handling of disputes by Commission.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Handling of disputes by Commission. 901.4 Section 901.4 Labor Regulations Relating to Labor (Continued) CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING COMMISSION POLICY STATEMENT ON COLLECTIVE BARGAINING DISPUTES AND APPLICABLE PROCEDURES § 901.4 Handling of disputes...

  19. 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 coalition

  20. 10 CFR 904.13 - Disputes.

    Science.gov (United States)

    2010-01-01

    ... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall... Arbitration Rules of the American Arbitration Association. The third arbitrator shall act as chairperson of... Marketing § 904.13 Disputes. (a) All actions by the Secretary of Energy, acting by and through...

  1. 76 FR 64124 - Implementation of the Alternative Dispute Resolution Program

    Science.gov (United States)

    2011-10-17

    ... for Discussion This meeting will allow stakeholders to provide feedback regarding their perceptions of... company? 4. In addition to ``abuse of the program,'' should there be other restrictions to entry into the...

  2. 40 CFR 131.7 - Dispute resolution mechanism.

    Science.gov (United States)

    2010-07-01

    ... been adopted on a common body of water, (3) Public notice in local newspapers, radio, and television, as appropriate, (4) Publication in trade journal newsletters, and (5) Other means as appropriate....

  3. 47 CFR 76.1513 - Open video dispute resolution.

    Science.gov (United States)

    2010-10-01

    ..., and the address and telephone number of each defendant; (2) If discrimination in rates, terms, and... rate estimate or a programming contract that demonstrates a differential in price, terms or conditions... complainant alleging that a differential in price, terms or conditions exists, a description of the nature...

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

    National Research Council Canada - National Science Library

    Klára Hamuľáková; Jana Petrov Křiváčková

    2016-01-01

    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...

  5. 76 FR 22848 - Alternative Dispute Resolution (ADR) and Conflict Management

    Science.gov (United States)

    2011-04-25

    ...-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601) It has been certified that 32 CFR part 83 is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it [would or would not], if promulgated... organizational entities within the Department of Defense (hereafter referred to collectively as the ``DoD...

  6. Christianity’s Role in Dispute Resolution in Mozambique

    NARCIS (Netherlands)

    van de Kamp, L.J.; Jacobs, Carolien

    2014-01-01

    Religion is often portrayed as either a source of conflict or as a source of peace and reconciliation. In this paper we explore the role of religion in day-to-day conflicts in different regions of Mozambique, in Maputo and Gorongosa. We analyse the factors that are of importance in determining

  7. Micro insert: a prototype full-ring PET device for improving the image resolution of a small-animal PET scanner.

    Science.gov (United States)

    Wu, Heyu; Pal, Debashish; Song, Tae Yong; O'Sullivan, Joseph A; Tai, Yuan-Chuan

    2008-10-01

    A full-ring PET insert device should be able to enhance the image resolution of existing small-animal PET scanners. The device consists of 18 high-resolution PET detectors in a cylindric enclosure. Each detector contains a cerium-doped lutetium oxyorthosilicate array (12 x 12 crystals, 0.72 x 1.51 x 3.75 mm each) coupled to a position-sensitive photomultiplier tube via an optical fiber bundle made of 8 x 16 square multiclad fibers. Signals from the insert detectors are connected to the scanner through the electronics of the disabled first ring of detectors, which permits coincidence detection between the 2 systems. Energy resolution of a detector was measured using a (68)Ge point source, and a calibrated (68)Ge point source stepped across the axial field of view (FOV) provided the sensitivity profile of the system. A (22)Na point source imaged at different offsets from the center characterized the in-plane resolution of the insert system. Imaging was then performed with a Derenzo phantom filled with 19.5 MBq of (18)F-fluoride and imaged for 2 h; a 24.3-g mouse injected with 129.5 MBq of (18)F-fluoride and imaged in 5 bed positions at 3.5 h after injection; and a 22.8-g mouse injected with 14.3 MBq of (18)F-FDG and imaged for 2 h with electrocardiogram gating. The energy resolution of a typical detector module at 511 keV is 19.0% +/- 3.1%. The peak sensitivity of the system is approximately 2.67%. The image resolution of the system ranges from 1.0- to 1.8-mm full width at half maximum near the center of the FOV, depending on the type of coincidence events used for image reconstruction. Derenzo phantom and mouse bone images showed significant improvement in transaxial image resolution using the insert device. Mouse heart images demonstrated the gated imaging capability of the device. We have built a prototype full-ring insert device for a small-animal PET scanner to provide higher-resolution PET images within a reduced imaging FOV. Development of additional

  8. High-resolution, high-linearity temperature sensor using surface acoustic wave device based on LiNbO3/SiO2/Si substrate

    Science.gov (United States)

    Tian, Xiang-Guang; Liu, Heng; Tao, Lu-Qi; Yang, Yi; Jiang, Hanjun; Ren, Tian-Ling

    2016-09-01

    A high-resolution and high-linearity surface acoustic wave (SAW) temperature sensor, consisting of a SAW resonator device fabricated on novel X-cut LiNbO3/SiO2/Si piezoelectric substrate and a resonance frequency readout chip using standard 180 nm CMOS technology, is presented for the first time. High temperature performance substrate LiNbO3/SiO2/Si is prepared mainly by ion implantation and wafer bonding at first. RF SAW device with resonance frequency near 900 MHz is designed and fabricated on the substrate. Traditional probe method using network analyzer and the readout chip method are both implemented to characterize the fabricated SAW device. Further measurement of temperature using resonance frequency shift of SAW device demonstrates the feasibility of the combined system as a portable SAW temperature sensor. The obtained frequency-temperature relation of the fabricated device is almost linear. The frequency resolution of the readout chip is 733 Hz and the corresponding temperature accuracy is 0.016 ° C. Resolution of the sensor in this work is superior to most of the commercial temperature measurement sensors. Theory analysis and finite element simulation are also presented to prove the mechanism and validity of using SAW device for temperature detection applications. We conclude that the high-linearity frequency-temperature relation is achieved by the offset between high-order coefficients of LiNbO3 and SiO2 with opposite signs. This work offers the possibility of temperature measuring in ultra-high precision sensing and control applications.

  9. High-resolution, high-linearity temperature sensor using surface acoustic wave device based on LiNbO3/SiO2/Si substrate

    Directory of Open Access Journals (Sweden)

    Xiang-Guang Tian

    2016-09-01

    Full Text Available A high-resolution and high-linearity surface acoustic wave (SAW temperature sensor, consisting of a SAW resonator device fabricated on novel X-cut LiNbO3/SiO2/Si piezoelectric substrate and a resonance frequency readout chip using standard 180 nm CMOS technology, is presented for the first time. High temperature performance substrate LiNbO3/SiO2/Si is prepared mainly by ion implantation and wafer bonding at first. RF SAW device with resonance frequency near 900 MHz is designed and fabricated on the substrate. Traditional probe method using network analyzer and the readout chip method are both implemented to characterize the fabricated SAW device. Further measurement of temperature using resonance frequency shift of SAW device demonstrates the feasibility of the combined system as a portable SAW temperature sensor. The obtained frequency-temperature relation of the fabricated device is almost linear. The frequency resolution of the readout chip is 733 Hz and the corresponding temperature accuracy is 0.016 ° C. Resolution of the sensor in this work is superior to most of the commercial temperature measurement sensors. Theory analysis and finite element simulation are also presented to prove the mechanism and validity of using SAW device for temperature detection applications. We conclude that the high-linearity frequency-temperature relation is achieved by the offset between high-order coefficients of LiNbO3 and SiO2 with opposite signs. This work offers the possibility of temperature measuring in ultra-high precision sensing and control applications.

  10. 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.

  11. 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.

  12. Beyond asbestos and environmental litigation: Coverage disputes in the twenty-first century

    Energy Technology Data Exchange (ETDEWEB)

    Medaglia, M.E.; Mebren, P.A. von

    1998-10-01

    Beginning in the 1970s, first asbestos, and thereafter environmental, coverage litigation involving general liability policies substantially dominated the field of insurance coverage disputes. These areas of insurance coverage litigation have now fully matured. Although litigation in these areas will continue into the foreseeable future, other types of coverage disputes have begun to appear in significant numbers. This article will analyze these other types of coverage disputes that are gaining prominence as the next millennium approaches. Coverage disputes involving general liability policies have arisen in the following notable areas: (1) pharmaceutical drug and medical devices (including latex-induced injuries and diseases); (2) tobacco; (3) electromagnetic fields; (4) solvents; (5) noise-induced hearing loss; (6) repetitive stress injuries; (7) employment; (8) sick building syndrome; (9) lead poisoning; (10) construction defects; (11) intellectual property; and (12) computer-related techno-torts. This wide range of discrete areas of law, for the most part, defies classification. Nevertheless, some generalizations can be made and parallels can be drawn when this developing body of law is viewed from a broader perspective.

  13. Rational emotive behavior therapy: disputing irrational philosophies.

    Science.gov (United States)

    Sacks, Susan Bendersky

    2004-05-01

    This article provides an overview of the concepts and techniques of rational emotive behavior therapy to distinguish it from cognitive-behavioral therapy. Rational emotive behavior therapy proposes that psychological disturbance is largely created and maintained through irrational philosophies consisting of internal absolutistic demands. This therapy strives to produce sustained and profound cognitive, emotive, and behavioral change through active, vigorous disputation of underlying irrational philosophies.

  14. Parental Experiences of Dealing with Disputes in Additional Support Needs in Scotland: Why Are Parents Not Engaging with Mediation?

    Science.gov (United States)

    Wright, Kevin; Stead, Joan; Riddell, Sheila; Weedon, Elisabet

    2012-01-01

    Partnerships with parents, particularly in the field of education, have featured prominently in policy rhetoric for many years, but routes of redress have not had much attention until relatively recently. The development of Alternative Dispute Resolution in the UK reflects the situation in several jurisdictions (e.g. Norway, Germany, the…

  15. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    Science.gov (United States)

    2010-10-28

    ..._trabajo_gt_proteccion_consumidor_anexo_A__Borrador_Ley_Marco_Cooperativo_Modelo_Solucion_Electro.pdf... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute Resolution (ODR...

  16. MEDIATION ON INDUSTRIAL RELATION DISPUTE AND ITS RELATION WITH RELATIVE AUTHORITY IN THE LEGAL PROCEEDINGS PROCESS

    Directory of Open Access Journals (Sweden)

    Iron Sarira

    2016-09-01

    Full Text Available Industrial Relations or Employment in the Indonesia legal system is based on Law No 13 of 2003 on Employment, and the Law No 2 of 2004 concerning Industrial Relations Dispute Settlement. The industrial relations are expected to be harmonious and give positive mutual engagement in the effort to support the development of Indonesian society and to improve the welfare of the Indonesian people, especially the workers or the labors. The desired goal is still far from the expectations if seeing the practice of industrial relations. The aim of the research was to get a better understanding of the practice and theory following the laws which regulated the procedures of employment as well as technical aspects. The research method applied was library research. There was some positive law approaches related to this research, which consisted of several rules as the normative law, such as Law No 2 of 2004, Act Number 30 of 1999, and PERMA No 1 of 2008. The research finds that the dispute of industrial relations as mentioned in Article 4 PERMA No 1 of 2008, Article 8 of Law No 2 of 2004, and Article 136 paragraph (2 of Act 13 of 2003. It explains and requires the mediation process before going into the courts of first instance (in this case is the Industrial Relations Court. The mediation process is led by a mediator who has the authority to conduct industrial relations dispute resolution processes in their jurisdiction. Industrial relations mediator does not have the authority to process the industrial relations dispute if the case territory is not located within its jurisdiction. As for, the relative authority of this provide an understanding that mediator aims to resolve disputes in industrial relations must apply the principle of locus delictus as a manifestation of its authority under the jurisdiction of the law.

  17. PRE-TRIAL SETTLEMENT OF DISPUTES WITH CUSTOMS IN LITHUANIA: DEVELOPMENT OF LEGAL REGULATIONS, IT‘S PROBLEMS AND PROSPECTS

    Directory of Open Access Journals (Sweden)

    Gediminas Valantiejus

    2013-06-01

    Full Text Available Purpose – the aim of this article is to analyse and examine development of Lithuanian legislation governing the pre-trial settlement of the disputes with customs authorities (prior to accession to the European Union, and after it; discuss the practical problems related to regulation of the pre-trial litigation procedures and provide suggestions for the improvement of legal framework in order to ensure transparent and cost-effective resolution of disputes with customs. Design/methodology/approach – analysis of relevant issues is based both on theoretical (analysis and synthesis, historical, systematic, comparative and empirical methods (analysis of documents, generalization of professional practice (analysis of courts practice and practice of other dispute settlement bodies (institutions in Lithuania, statistical analysis of data concerning use of pre-trial and trial disputes resolution procedures in Lithuania. The article consists of an introduction and three chapters. Findings – procedures for the pre-trial settlement of disputes with customs in Lithuania are quite complex, diverse and are governed by different laws (legal documents, including the European Union law. The main legal documents are not compatible with each other and they do not provide a detail list of mandatory pre-trial dispute settlement procedures. Research limitations/implications – article analyzes legal regulations of pre-trial disputes with customs since restoration of Lithuanian independence to the present days, with particular emphasis on developments relating to entry of Lithuanian Republic to the European Union, as well as formation of the case law on the application of these legal regulations. Practical implications – article presents proposals for the improvement of current legislation – Regulations on Investigation of Complaints in the Custom of Lithuanian Republic approved by order No. 1B-540 of the Director General of the Customs Department under the

  18. Functionalized Nano-Film Microchannel Plate: A Single High Aspect Ratio Device for High Resolution, Low Noise Astronomical Imaging Project

    Data.gov (United States)

    National Aeronautics and Space Administration — The proposed innovation is to apply proven nano-film technology to enable Microchannel plate (MCP) devices to be manufactured on a range of insulating substrates and...

  19. Functionalized Nano-Film Microchannel Plate: A Single High Aspect Ratio Device for High Resolution, Low Noise Astronomical Imaging Project

    Data.gov (United States)

    National Aeronautics and Space Administration — Atomic layer deposited functional nano-film technology is used to manufacture Microchannel plate (MCP) devices capable of high gain / low ion feedback operation, on...

  20. Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies

    Science.gov (United States)

    Force, Melissa K.

    2013-09-01

    The mechanisms and procedures for settlement of disputes arising from space debris collision damage, such as that suffered by the Russian Cosmos and US Iridium satellites in 2009, are highly political, nonbinding and unpredictable - all of which contributes to the uncertainty that increases the costs of financing and insuring those endeavors that take place in near-Earth space, especially in Low Earth Orbit. Dispute settlement mechanisms can be found in the 1967 Outer Space Treaty, which provides for consultations in cases involving potentially harmful interference with activities of States parties, and in the 1972 Liability Convention which permits but does not require States - not non-governmental entities - to pursue claims in a resolution process that is nonbinding (unless otherwise agreed.) There are soft- law mechanisms to control the growth of space debris, such as the voluntary 2008 United Nations Space Debris Mitigation Guidelines, and international law and the principles of equity and justice generally provide reparation to restore a person, State or organization to the condition which would have existed if damage had not occurred, but only if all agree to a specific tribunal or international court; even then, parties may be bound by the result only if agreed and enforcement of the award internationally remains uncertain. In all, the dispute resolution process for damage resulting from inevitable future damage from space debris collisions is highly unsatisfactory. However, the Administrative Council of the Permanent Court of Arbitration's recently adopted Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities are, as of yet, untested, and this article will provide an overview of the process, explore the ways in which they fill in gaps in the previous patchwork of systems and analyze the benefits and shortcomings of the new Outer Space Optional Rules.

  1. Relating protocols for dynamic dispute with logics for defeasible argumentation

    NARCIS (Netherlands)

    Prakken, H.

    2008-01-01

    This article investigates to what extent protocols for dynamic disputes, i.e., disputes in which the information base can vary at different stages, can be justified in terms of logics for defeasible argumentation. First a general framework is formulated for dialectical proof theories for such logics

  2. 36 CFR 1121.9 - Notification of dispute.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Notification of dispute. 1121.9 Section 1121.9 Parks, Forests, and Public Property ARCHITECTURAL AND TRANSPORTATION BARRIERS... disagreement under § 1121.8, the Board shall clearly note any portion of the record which is disputed and...

  3. Relating protocols for dynamic dispute with logics for defeasible argumentation

    NARCIS (Netherlands)

    Prakken, H.

    2000-01-01

    This article investigates to what extent protocols for dynamic disputes, i.e., disputes in which the information base can vary at different stages, can be justified in terms of logics for defeasible argumentation. First a general framework is formulated for dialectical proof theories for such logics

  4. 40 CFR 35.940-5 - Disputes concerning allowable costs.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Disputes concerning allowable costs. 35... FEDERAL ASSISTANCE STATE AND LOCAL ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.940-5 Disputes concerning allowable costs. The grantee should seek to resolve any questions...

  5. Objectives and Layout of a High-Resolution X-ray Imaging Crystal Spectrometer for the Large Helical Device (LHD)

    Energy Technology Data Exchange (ETDEWEB)

    Bitter, M; Gates, D; Monticello, D; Neilson, H; Reiman, A; Roquemore, A L; Morita, S; Goto, M; Yamada, H

    2010-07-29

    A high-resolution X-ray imaging crystal spectrometer, whose concept was tested on NSTX and Alcator C-Mod, is being designed for LHD. This instrument will record spatially resolved spectra of helium-like Ar16+ and provide ion temperature profiles with spatial and temporal resolutions of < 2 cm and ≥ 10 ms. The stellarator equilibrium reconstruction codes, STELLOPT and PIES, will be used for the tomographic inversion of the spectral data. The spectrometer layout and instrumental features are largely determined by the magnetic field structure of LHD.

  6. Disputes on development and sense of alternatives

    Directory of Open Access Journals (Sweden)

    Eduardo Gudynas

    2016-05-01

    Full Text Available It is postulated that there are several varieties of development but all maintain a core set of ideas and sensibilities about how they understand progress, the appropriation of nature, quality of life and the advancement of history as linearity. These basic concepts are deeply rooted. In the past, despite cycles of sharp critiques, it returned as revised versions of development. More recently, the common background is seen in the shared features between extractivists styles by conservative and progressive governments. Three kinds of disputes on development are identified (focusing on instrumental issues, on different types of development, or as “alternative development”. Lastly, Buen Vivir, is briefly revised, as the most recent and powerful example of an alternative to development.

  7. 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.

  8. On Building Flexible Settlement Mechanism for Administrative Dispute%行政纠纷柔性解决机制构建研究

    Institute of Scientific and Technical Information of China (English)

    苗朝霞

    2013-01-01

    我国行政纠纷解决机制在应对行政纠纷的现状时存在一定的问题,应从以下四个方面解决这些问题:强化行政纠纷柔性解决机制的伦理基础,发挥软法在行政纠纷柔性解决机制中的规制作用,加强行政纠纷的柔性预警机制,完善行政纠纷柔性解决机制的法治化。%China administrative dispute resolution mechanism has some problems in dealing with the current situation of administrative dispute, the problems could be solved from the following four aspects:strengthening the ethics basis of flexible settlement mechanism for administrative dispute, playing soft law in the regulation effect of flexible administrative dispute settlement mechanism, strengthening early warning mechanism of the administrative dispute flexible, improving the flexible administrative dispute settlement mechanism in the rule of law.

  9. 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.

  10. Snowmelt runoff modeling: Limitations and potential for mitigating water disputes

    Science.gov (United States)

    Kult, Jonathan; Choi, Woonsup; Keuser, Anke

    2012-04-01

    SummaryConceptual snowmelt runoff models have proven useful for estimating discharge from remote mountain basins including those spanning the various ranges of the Himalaya. Such models can provide water resource managers with fairly accurate predictions of water availability for operational purposes (e.g. irrigation and hydropower). However, these models have limited ability to address characteristic components of water disputes such as diversions, storage and withholding. Contemporary disputes between India and Pakistan surrounding the snowmelt-derived water resources of the Upper Indus Basin highlight the need for improved water balance accounting methods. We present a research agenda focused on providing refined hydrological contributions to water dispute mitigation efforts.

  11. 简析我国的多元化纠纷解决机制改革%Brief Analysis of Our Diversification Dispute Settlement Mechanism Reform

    Institute of Scientific and Technical Information of China (English)

    吴悠

    2015-01-01

    多元化纠纷解决机制是应对诉讼压力和多样化纠纷模式的现实需要,也成为新世纪以来我国司法改革的新议题,先后经历了试点探索、全面实践、深化改革三个阶段。当前我国所建立的多元化纠纷解决机制是社会转型期现代法治理念与传统政治资源和治理经验交融的产物,在取得较大成就的同时也存在诸多问题,例如司法垄断、非诉讼纠纷解决机制体系不协调并出现功能异化现象、诉讼与非诉讼纠纷解决机制对接制度不完备。我国多元化纠纷解决机制的发展方向是建立统一的纠纷分流体系,完善诉调对接体系,规范非诉讼纠纷解决机制运行模式。%Diversification dispute settlement mechanism is a reality need of facing increasingly heavy pressure of litigation and more diversified disputes mode; and also a new issue that judicial reform proposed in 21st century. It has gone through three stages which are experimental exploration, comprehensive practice and deepening the reform. The diversification dispute settlement mechanism that we establish now is the product of social transformation period’s concept of the rule of law combines with the tradition political resources and management experience. While it is successful, there are also some problems, such as judicial monopoly, alternative dispute resolution mechanism system uncoordinated and has function dissimilation, as well as the imperfect of litigation and non-litigation dispute resolution mechanism system’s docking. The development direction of diversification dispute settlement mechanism is establishing a unified dispute diffluence system, improving the docking of litigation and non-litigation dispute resolution mechanism system and specification alternative dispute resolution mechanisms operating mode.

  12. Regional governance: strategies and disputes in health region management

    Science.gov (United States)

    dos Santos, Adriano Maia; Giovanella, Ligia

    2014-01-01

    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 governance and

  13. 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

  14. Regional governance: strategies and disputes in health region management.

    Science.gov (United States)

    Santos, Adriano Maia dos; Giovanella, Ligia

    2014-08-01

    To analyze the regional governance of the health systemin relation to management strategies and disputes. 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. 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. The characteristics identified a regionalized system with a conflictive pattern of governance and intermediate institutionalism. The regional interagency committee

  15. >Problems and Countermeasures of Collective Land Ownership Disputes in Beijing

    Institute of Scientific and Technical Information of China (English)

    Ying; QIAO; Kening; WU; Hongjuan; WANG; Qi; ZHANG

    2013-01-01

    In 2010, No.1 document of central government demanded strengthening mediation and settlement of ownership of rural collective land, to complete confirmation of right and registration and issue of certificate of rural collective land in 3 years. However, the mediation and settlement of land ownership in China still remain at starting stage, and there are many problems in both theory and practice. In this situation, this paper summarizes current situations of disputes about ownership of collective land in Beijing, analyzes causes of disputes, introduces existing working mechanism, methods and problems of dispute mediation and settlement, and finally presents feasible recommendations, in the hope of providing guidance for mediation and settlement of land ownership disputes.

  16. 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.

  17. COLLECTIVE BARGAINING – WAY OF PREVENTING LABOR DISPUTES

    Directory of Open Access Journals (Sweden)

    ADRIANA ELENA BELU

    2011-04-01

    Full Text Available Labor disputes are triggered, in most cases, by claims of economic or professional interests. Employees may have the belief that they are frustrated due to the granting of rights, ensuring optimal labor conditions or compliance with the terms of the collective agreement, becoming thus concerned about claims or even the onset of labor disputes. Through collective bargaining, these conflictive guidelines can be prevented or resolved at the optimum time.

  18. High speed, intermediate resolution, large area laser beam induced current imaging and laser scribing system for photovoltaic devices and modules.

    Science.gov (United States)

    Phillips, Adam B; Song, Zhaoning; DeWitt, Jonathan L; Stone, Jon M; Krantz, Patrick W; Royston, John M; Zeller, Ryan M; Mapes, Meghan R; Roland, Paul J; Dorogi, Mark D; Zafar, Syed; Faykosh, Gary T; Ellingson, Randy J; Heben, Michael J

    2016-09-01

    We have developed a laser beam induced current imaging tool for photovoltaic devices and modules that utilizes diode pumped Q-switched lasers. Power densities on the order of one sun (100 mW/cm(2)) can be produced in a ∼40 μm spot size by operating the lasers at low diode current and high repetition rate. Using galvanostatically controlled mirrors in an overhead configuration and high speed data acquisition, large areas can be scanned in short times. As the beam is rastered, focus is maintained on a flat plane with an electronically controlled lens that is positioned in a coordinated fashion with the movements of the mirrors. The system can also be used in a scribing mode by increasing the diode current and decreasing the repetition rate. In either mode, the instrument can accommodate samples ranging in size from laboratory scale (few cm(2)) to full modules (1 m(2)). Customized LabVIEW programs were developed to control the components and acquire, display, and manipulate the data in imaging mode.

  19. Resolution enhancement using pulse width modulation in digital micromirror device-based point-array scanning pattern exposure

    Science.gov (United States)

    Kuo, Hung-Fei; Huang, Yi-Jun

    2016-04-01

    Digital-mask lithography systems, with a digital micromirror device (DMD) as their central piece, have been widely used for defining patterns on printed circuit board (PCB). This study designed optical module parameters for point-array projection lithography based on field tracing technique to improve the quality of the aerial image on the exposure plane. In the realized optical module for the point-array projection lithography, a DMD was used as the dynamic digital-mask, and a 405-nm-wavelength laser was used to illuminate the DMD. The laser was then focused through the micro-lens array in the optical module to form a point array and was projected onto a dynamic scanning stage. By calculating the beam-overlapping rate, stage velocity, spot diameter, and DMD frame rate and programming them into the stage- and DMD-synchronized controller, the point array formed line patterns on the photoresist. Furthermore, using pulse width modulation (PWM) technique to operate the activation periods of the DMD mirrors effectively controlled the exposure and achieved a feature linewidth of less than 10 μm.

  20. High speed, intermediate resolution, large area laser beam induced current imaging and laser scribing system for photovoltaic devices and modules

    Science.gov (United States)

    Phillips, Adam B.; Song, Zhaoning; DeWitt, Jonathan L.; Stone, Jon M.; Krantz, Patrick W.; Royston, John M.; Zeller, Ryan M.; Mapes, Meghan R.; Roland, Paul J.; Dorogi, Mark D.; Zafar, Syed; Faykosh, Gary T.; Ellingson, Randy J.; Heben, Michael J.

    2016-09-01

    We have developed a laser beam induced current imaging tool for photovoltaic devices and modules that utilizes diode pumped Q-switched lasers. Power densities on the order of one sun (100 mW/cm2) can be produced in a ˜40 μm spot size by operating the lasers at low diode current and high repetition rate. Using galvanostatically controlled mirrors in an overhead configuration and high speed data acquisition, large areas can be scanned in short times. As the beam is rastered, focus is maintained on a flat plane with an electronically controlled lens that is positioned in a coordinated fashion with the movements of the mirrors. The system can also be used in a scribing mode by increasing the diode current and decreasing the repetition rate. In either mode, the instrument can accommodate samples ranging in size from laboratory scale (few cm2) to full modules (1 m2). Customized LabVIEW programs were developed to control the components and acquire, display, and manipulate the data in imaging mode.

  1. Using therapeutic jurisprudence and preventive law to examine disputants' best interests in mediating cases about physicians' practices: a guide for medical regulators.

    Science.gov (United States)

    Ferris, Lorraine E

    2004-01-01

    Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.

  2. UN SECRETARY- GENERAL'S FORMS OF INVOLVEMENT IN THE PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES. THE DIPLOMATIC MEANS

    Directory of Open Access Journals (Sweden)

    Oana-Adriana IACOB⃰

    2016-05-01

    Full Text Available The United Nations Secretary- General is a symbol and an instrument of the peaceful settlement of international disputes, with a proven effectiveness in the prevention and resolution of conflicts, even in the most difficult political contexts. The configuration of this distinguished function is largely the result of a long evolutionary process which ultimately provided the occupants with a repertoire of practices that define a powerful and influential role in maintaining the international peace and security. The UN Secretary General’s endeavours in the field of peaceful resolution of conflicts may include traditional diplomatic means, such as good offices, mediation and international inquires. Nevertheless, sometimes the traditional techniques of diplomatic approach require the complementary use of unofficial, discreet diplomatic means (such as secondary diplomacy - track two diplomacy - and hybrid diplomacy - track one and a half diplomacywhich may enable a superior information and trigger new ways of action. The present study aims to explore the political and diplomatic means, as forms of involvement of the UN Secretary-General in the peaceful settlement of international disputes and as part of the wider and powerful role in the maintenance of international peace and security.

  3. Case Study: The Myanmar and Bangladesh Maritime Boundary Dispute in the Bay of Bengal and Its Implications for South China Sea Claims

    Directory of Open Access Journals (Sweden)

    Ravi A. Balaram

    2012-01-01

    Full Text Available This paper seeks to review the pertinent Myanmar and Bangladesh history in overlapping maritime territorial claims leading up to the September 2011 International Tribunal for the Law of the Sea (ITLOS case: Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal. It will dissect the legal proceedings as primary source documents and apply the relevant judgement findings to analyse the implications for the respective countries and for South China Sea maritime boundary disputes. While the judgements of this case set certain legal precedents that may be more easily applied to bilateral disputes, the implications, nevertheless, impinge on multilateral claims as well. To the extent that the Bangladesh-Myanmar ITLOS judgement provides a pathway to third-party, independent, and peaceful resolution to the potentially explosive and escalating tensions in the South China Sea, this paper argues that findings are relevant, but limited.

  4. Mediation skills for conflict resolution in nursing education.

    Science.gov (United States)

    Cheng, Fung Kei

    2015-07-01

    Encountering conflicts among family members in hospital produces burnout among nurses, implying a need for alternative dispute resolution training. However, current nursing education pays more attention to counselling skills training than to mediation. The present report examines the fundamental concepts of mediation, including its nature, basic assumptions and values, and compares those with counselling. Its implications may open a discussion on enhancing contemporary nursing education by providing mediation training in the workplace to nurses so that they can deal more effectively with disputes.

  5. 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.

  6. Legal review on investor-state dispute settlement under TPP

    Directory of Open Access Journals (Sweden)

    Lixiao Fu

    2017-02-01

    Full Text Available Investor-state dispute settlement (“ISDS” is an instrument of public international law, which grants an investor the right to use dispute settlement proceedings against a foreign government. Though, there are pros and cons in ISDS under Trans-Pacific Partnership, which is originated from international treaties and practice of U.S. However, ISDS under Trans-Pacific Partnership has some innovations compared with the original ISDS. This paper first briefly introduces ISDS under Trans-Pacific Partnership and does a theoretical analysis of ISDS, then makes comparison between ISDS under Trans-Pacific Partnership and other dispute settlement mechanism to find new international investment standard, finally considers China should make a comprehensive research on ISDS and other TPP clauses so that reform measures to promote international investment could be taken.

  7. African Countries and WTO´s Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    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...

  8. African Countries and WTO´s Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    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...

  9. 浅析我国海洋争端解决机制的完善——由澳大利亚与东帝汶海洋争端解决引发的思考%On the Improvement of China' s Maritime Dispute Settlement Mechanism A Thinking Aroused by the Maritime Disputes Solution between Australia and East Timor

    Institute of Scientific and Technical Information of China (English)

    王琦; 夏晓玲

    2012-01-01

    澳大利亚与东帝汶两国以“搁置争议,共同开发”指导思想成功解决帝汶海争端,对我国解决海洋争端有所启发。我国目前面临的海洋争端问题形势严峻,“搁置争议,共同开发”战略在实施中忽略了“主权属我”的前提,维护海洋权益的相关法律在实践中难以施行。今后我国解决海洋争端应当坚持主权、公平、和平原则,以多种途径解决海洋争端,健全海洋维权的法律制度,积极倡导海洋争端解决的新规则,建立国际海事争端调解中心,争取国际话语权,促进海洋争端的解决。%The successful resolution of the dispute over the Timor Sea between Australia and East Timor is the guiding ideology of " shelving disputes, common development" , which inspires the settlement of mari- time disputes in China. Maritime dispute problem which we are facing now is grim. However, the strategy " shelve disputes, common development" ignores the premise "sovereignty belongs to me". In practice, the law of safeguarding the maritime rights and interests is difficult to apply. To promote the settlement of maritime disputes, solving maritime disputes in China in the future should adhere to the principles of sovereignty, fair- ness, peace, solving maritime disputes in a variety of ways, establishing a sound legal system of marine rights, promoting new marine dispute settlement rules, establishing international maritime dispute mediation center, and fighting for international discourse rights.

  10. 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.

  11. Judicial intervention into internal sports disputes in China%我国内部体育纠纷的司法介入

    Institute of Scientific and Technical Information of China (English)

    袁杜娟

    2014-01-01

    As for internal sports dispute resolution, from“sports autonomy”to“neutral relief”is its historical de-velopment pattern. Judicial intervention into internal sports disputes in China is legitimate, necessary and limited. for internal sports dispute resolution in China, we should stick to the principle of combining sports autonomy with judicial intervention, establish sports dispute as a new independent cause of action, adhere to the principle of proce-dure review, and embody the balance between judicial intervention and sports autonomy.%对于内部体育纠纷解决而言,从“体育自治”到“中立救济”是其历史发展规律。司法介入我国内部体育纠纷具有正当性、必要性和局限性。我国内部体育纠纷的解决应当坚持体育自治与司法介入相结合的原则;确立“体育纠纷”为新型独立诉因;同时坚持程序审查原则,体现司法介入与体育自治的平衡。

  12. Disputes about corporate expression absorption and their legal remedies

    Institute of Scientific and Technical Information of China (English)

    GUAN Xiaofeng

    2006-01-01

    Corporate expression is the expression that a company gives to the outside in its capacity as a legal entity.Often referring to resolutions made by shareholder meetings and the board of directors,based on good faith and bound by contractual spirit,a company must be held liable for its expression.Corporate expression absorption refers to the corporate behaviors and situations wherein the majority voting shareholders and directors replace the will of the minority voting shareholders and directors within their own will.Among them,the majority voting shareholders at a shareholders'meeting (shareholders'general meeting) are decision-making shareholders,and directors,managers and other senior management staff that decide corporate affairs are called decision-making members.Corporate expression absorption consists of two sorts:absorption by shareholders'meeting and absorption by the board of directors.Shareholders'meeting is a company's authoritative organization;when the voting fights of some shareholders exceed the statutory limit,they will be able to manipulate the expression of shareholders'meetings and replace the will of other shareholders with that of their own.The expression absorption by the board of directors refers to the practice wherein the majority directors decide on important corporate matters in accordance with the majority rule. Thus,it Can be seen that the corporate expression absorption is a double-edged sword,not only capable of uplifting operational efficiency but also likely to help decision-making shareholders achieve personal gains and transfer corporate interests.As for the disputes of corporate expression absorption,the following legal remedies might be adopted:(1) Limit the voting rights of decision-making shareholders.(2) Provide shareholders with veto power over specific events.(3) Ask the chambers of commerce (industry associations) to arbitrate specific events.(4) Preserve the market value ofshares held by dissenting directors.(5) Expand

  13. 45 CFR 60.16 - How to dispute the accuracy of National Practitioner Data Bank information.

    Science.gov (United States)

    2010-10-01

    ... procedures for disputing a report are: (1) Informing the Secretary and the reporting entity, in writing, of...) Attempting to enter into discussion with the reporting entity to resolve the dispute. (c) Procedures for revising disputed information. (1) If the reporting entity revises the information originally submitted...

  14. 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...

  15. 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…

  16. 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; decision-ma

  17. 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.

  18. Rising Capital Amount & Increasing Cases in 2008's Trade Disputes

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    @@ The China International Economic and Trade Arbitration Commis-sion (CIETAC), an institution under CCPIT, is the most impor-tant permanent arbitration institution in China. The CIETAC independently and impartially resolves economic and trade disputes by means of arbitration and con-cjliation (mediation).

  19. Law and Dispute Processing in the Academic Community.

    Science.gov (United States)

    Marske, Charles E.; Vago, Steven

    1980-01-01

    As the university becomes more of a bureaucracy than a community, changes occur in the law, power structures, and student faculty relationships, and members of the community are turning to the courts to resolve disputes they once settled informally. (Author/MSE)

  20. 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…

  1. The Spatial Implications of the Navaho-Hopi Land Dispute.

    Science.gov (United States)

    Seig, Louis

    Analysis of the spatial organization of Northeastern Arizona and the Navajo-Hopi land dispute affords the geographer ample opportunity to investigate the concepts of: cultural confrontation; spatial competition; the politics of enclaves and exclaves; the herding vs the farming economy; cross-cultural perceptions of boundaries and territories; the…

  2. A Qualitative Synthesis of Children's Participation in Custody Disputes

    Science.gov (United States)

    Birnbaum, Rachel; Saini, Michael

    2012-01-01

    Objectives: This qualitative synthesis explores the voices of children in the context of child custody disputes over the last 20 years. The purpose was to (1) systematically retrieve qualitative studies to explore children's views and preferences in the context of decision making postseparation and divorce and (2) explore how children's voices are…

  3. 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.

  4. 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)

  5. 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...... demonstrates the co-existence of social processes of individualization and detraditionalization with quasi-traditions which maintain authority, thus challenging the radical distinctions made in the literature between modernity and late or reflexive modernity....

  6. A guide to resolving disputes over defective specifications

    OpenAIRE

    Wirsching, Steven M.

    1992-01-01

    CIVINS Approved for public release; distribution is unlimited. This thesis investigated the legal criteria involved in resolving defective specification disputes. Appellate case law was researched to discover the rules used by the court systems to decide cases involving defective specifications. These rules were organized in flowchart form to provide a guide for construction contract administrators. Separate flow charts were prepared for method and performance specifications, and the di...

  7. 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.

  8. Addressing Parenting Disputes Between Estranged Parents Through Community Mediation

    Directory of Open Access Journals (Sweden)

    Madhawa Palihapitiya

    2014-07-01

    Full Text Available Mediation provides a means of resolving disputes that promises to reduce litigation while avoiding further damage to party relationships. The present study addressed the question whether parents engaged in parenting disputes generated by divorce or separation received the promised benefits of mediation when services were delivered by means of community mediation, which combined the dual features of free services and volunteer mediators. Reported outcomes such as agreements, party satisfaction, relationship changes, and court involvement, as well as the connection between these outcomes and party factors of custodial status and income level, were examined, and several encouraging trends emerged. Results indicated that an economically diverse group of disputing parents were provided access to mediation services delivered under community mediation. Moreover, the prospect of avoiding litigation motivated a majority of parents to participate in community mediation. The positive outcomes reported by most parents, irrespective of income level and custodial status, included agreement and process satisfaction rates consistent with national trends, the development of parenting plans, and for a sizable minority of parents, reduced court involvement and improved between-parent interactions. However, non-custodial parents tended to be significantly more positive about mediation’s helpfulness with parenting issues than were custodial parents.

  9. 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.

  10. Legal disputes as a proxy for regional conflicts over water rights in Chile

    Science.gov (United States)

    Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel

    2016-04-01

    Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the

  11. Improving the spatial resolution of a soft X-ray Charge Coupled Device used for Resonant Inelastic X-ray Scattering

    OpenAIRE

    Soman, M. R.; Hall, D. J. (David John); Tutt, J. H.; Murray, N. J.; Holland, A. D.; Schmitt, T.; Raabe, J.; Schmitt, B.

    2011-01-01

    The Super Advanced X-ray Emission Spectrometer (SAXES) at the Advanced Resonant Scattering (ADRESS) beamline of the Swiss Light Source is a high-resolution X-ray spectrometer used as an end station for Resonant Inelastic X-ray Scattering from 400 eV to 1600 eV. Through the dispersion of photons across a CCD, the energy of scattered photons may be determined by their detected spatial position. The limiting factor of the energy resolution is currently the spatial resolution achieved with the CC...

  12. THE UNITED NATIONS’NEW SYSTEM FOR SETTLEMENT THE DISPUTES BETWEEN ORGANIZATION AND ITS EMPLOYEES

    Directory of Open Access Journals (Sweden)

    LAURA MAGDALENA TROCAN

    2011-04-01

    Full Text Available In accordance with the Resolution of the UN General Assembly A/RES/61/261 in 30 April 2007 within the United Nations was established a new system in order to settle the internal disputes and disciplinary matters between Organization and its employees designed to meet the current needs of the Organization and which became operational on 1 July 2009. The establishment of this system was based on the conclusions of several reports of the UN Secretary - General, of the Panel on the Redesign of the UN system of administration of justice, of the Advisory Committee on Administrative and Budgetary Questions what pointed out that the old system of administration of justice at UN became a slow, heavy, ineffective and lacking professionalism and that the system of administrative review has no longer corresponded to current needs of this important international Organization. Given these considerations and based on the premise that a transparent, impartial, independent and efficient system of administration of justice is essential for each of the employees of the Organization to be guaranteed a fair and equitable treatment in the performance of professional duties and taking into account the need to reform the management of human resources at the UN, the Organization has decided to establish a new, independent, transparent, professionalized, adequately resourced and decentralized system of administration of justice who comply the rules of International Law and the right to a fair trial and to ensure the implementation of rights and obligations of the employees but also to establish the liability for their actions. Taking into account those mentioned above this study goals are to present the organization and functioning of this new system for settlement disputes between UN staff and administration and to make a brief comparative analysis with the old system.

  13. 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.

  14. Improving the spatial resolution of a soft X-ray Charge Coupled Device used for Resonant Inelastic X-ray Scattering

    Science.gov (United States)

    Soman, M. R.; Hall, D. J.; Tutt, J. H.; Murray, N. J.; Holland, A. D.; Schmitt, T.; Raabe, J.; Schmitt, B.

    2011-11-01

    The Super Advanced X-ray Emission Spectrometer (SAXES) at the Advanced Resonant Scattering (ADRESS) beamline of the Swiss Light Source is a high-resolution X-ray spectrometer used as an end station for Resonant Inelastic X-ray Scattering from 400 eV to 1600 eV. Through the dispersion of photons across a CCD, the energy of scattered photons may be determined by their detected spatial position. The limiting factor of the energy resolution is currently the spatial resolution achieved with the CCD, reported at 24 μm FWHM. For this energy range the electron clouds are formed by interactions in the `field free' region of the back-illuminated CCD. These clouds diffuse in all directions whilst being attracted to the electrodes, leading to events that are made up of signals in multiple pixels. The spreading of the charge allows centroiding techniques to be used to improve the CCD spatial resolution and therefore improve the energy resolution of SAXES. The PolLux microscopy beamline at the SLS produces an X-ray beam with a diameter of 20 nm. The images produced from scanning the narrow beam across CCD pixels (13.5 × 13.5 μm2) can aid in the production of event recognition algorithms, allowing the matching of event profiles to photon interactions in a specific region of a pixel. Through the use of this information software analysis can be refined with the aim of improving the energy resolution.

  15. Access to Justice in Environmental Disputes : Opportunities and Obstacles for Chinese Pollution Victims

    OpenAIRE

    Furst, Kathinka

    2008-01-01

    The overall aim of this thesis is to investigate to what extend access to justice is obtained in Chinese environmental disputes from the perspective of pollution victims in the. By investigating dispute settlement process and outcome of six environmental disputes in Inner Mongolia Autonomous Region, the thesis provides a comprehensive evaluation on this subject. The findings in this thesis indicate that a number of structural, political, scientific and financial obstacles impends Chinese poll...

  16. The Impact of Internal Unrest and Disputed Borders on Chinese Military Forces

    Science.gov (United States)

    2011-07-26

    and they are generally recipients of inheritance. Girls are often considered an economic burden because of the dowry system. Hesketh and Tzui, 13271...commonplace. In the last century, China has engaged in armed conflict with Russia, Japan, India and Vietnam over land territorial disputes.1 The...land border between India and China, in the Tibet region, remains in dispute, as the PRC still does not accept Indian sovereignty over the disputed

  17. 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.

  18. [The Isserlin-affaire - a dispute by delegates between Kraepelin and Freud].

    Science.gov (United States)

    Peters, U H

    2002-01-01

    Kraepelin and Freud have indirectly, via Max Isserlin and Carl Gustav Jung, disputed about their completely different blueprints of psychiatric or psychological disturbances. Mainly in the Isserlin-affaire the dispute reached personal and bitter forms. In this affair Bleuler sided with Kraepelin. In the end of the dispute Bleuler just as Jung had separated from Freud, if in different ways and with different motivations. The discussion between Kraepelin-Isserlin on the one side and Freud on the other faded away. The course of the dispute, which mainly the psychoanalytic literature alludes to frequently, is being delineated here for the first time.

  19. The Dispute over Domestication and Foreignization in China

    Institute of Scientific and Technical Information of China (English)

    王芳

    2009-01-01

    Foreignization and domestication as two major translation techniques have long been the focus of the debate in translation circles.The paper reviews the history of the dispute by introducing some essays on domestication and foreignization published in key translation journals in China. The ultimate aim of this dissertation is to propose that domestication and foreignization co-exist and a good translation contains both strategies. So it is unnecessary to argue which one is better. As the number of the example in this paper is limited, its credibility needs further investigation and research.

  20. (De)Legitimation at the WTO Dispute Settlement Mechanism

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    2016-01-01

    ) judicial bodies have relied largely on theoretical or normative priors about what makes these institutions legitimate. In contrast, this paper directly connects the study of courts' legitimating efforts with their effects by empirically mapping how the WTO Dispute Settlement Mechanism's (DSM) exercise......Similar to many types of legal institutions, international courts employ a wide variety of legitimation strategies in order to establish and maintain a sound basis of support among their constituents. Existing studies on the legitimacy or legitimating efforts of the World Trade Organization's (WTO...

  1. 美国医疗纠纷处理与立法经验对我们的启示%Inspirations from the US experiences in handling medical disputes and legislature

    Institute of Scientific and Technical Information of China (English)

    张鸣; 李南

    2009-01-01

    Commercialization of the doctors sector and lawyers sector, and that of medical services, sharp rise of medical disputes and its impact on healthcare services have grown into major challenges for the healthcare system in the United States where litigation is the legal way out of medical disputes at large.Anglo-American law system depends heavily on precedence as the criteria and the majority of such disputes trials are held in state courts, there is also a complete system of laws and decrees on medical disputes on the federation level.In an effort to handle medical disputes that are rising sharply in a piling-up amount, American lawyers, social organizations of arbitration and medicine, and many state courts are seeking alternative dispute resolution as a better way out for medical dispute mediation and resolution.Given the gaps between China and USA in social systems, legal systems, ,economic development, cultural background, healthcare systems and heahhcare security systems, these experiences will prove their value of reference for medical disputes resolution in China.%因医师和律师行业以及医疗服务的商业化,医疗纠纷大量增加及其对医疗卫生服务的影响已经成为美国医疗卫生服务系统面临的重大挑战.诉讼是美国医疗纠纷的法定解决途径,虽然英美法系以判例为主要审判依据,医疗纠纷诉讼都在各州法院进行,但联邦层面涉及医疗纠纷的法规仍比较完备.为解决急剧增加和日益积累的医疗纠纷,美国律师、仲裁和医学等社会组织和很多州法院正在积极倡导把替代性纠纷解决途径作为医疗纠纷调解和处理的主要手段.虽然中美两国社会制度、法律制度、经济发展水平、文化背景、医疗服务体系和医疗服务保障体系差异很大,但美国医疗纠纷立法与处理经验仍对我国医疗纠纷处理具有重要借鉴意义.

  2. Border Dispute in the Adriatic Sea between Croatia and Slovenia

    Directory of Open Access Journals (Sweden)

    Sandra Fabijaniæ GAGRO

    2013-11-01

    Full Text Available This Article represents an overview of long-running border dispute between two neighboring states – Republic of Croatia and Republic of Slovenia in the maritime area of the Northern Adriatic. Despite more than two decades of unsuccessful efforts, including several documents controversial on one or both sides, there are still some disputable points waiting for the final settlement. It is expected to be reached by the Arbitration Tribunal established by the Arbitration Agreement between Croatia and Slovenia, signed in 2009. Without any doubt, this Agreement represents a step forward in their mutual efforts toward peaceful solution, but also contains few open questions to be resolved by the Arbitration Tribunal. In this Article the author presents brief overview of long-time efforts that led to the conclusion of the Arbitration Agreement, as well as the main components that has to be considered – strong political demands in relation to preserve territorial integrities of both states and – at the end – to accomplish a peaceful solution in accordance to the rules of international law.

  3. South China Sea Territorial Disputes and Sino-Philippine Trade

    Institute of Scientific and Technical Information of China (English)

    FANG; WANG

    2015-01-01

    As political factors affect trade activities greatly, this paper considers whether a series of political events have had a negative impact on Sino-Philippine trade relations. Of particular concern is the influence on bilateral relations and the Philippines’ domestic economy from political and diplomatic tensions between China and the Philippines caused by territorial disputes in the South China Sea. Political events are divided into two levels, general conflicts and serious conflicts, which are analyzed from the perspectives of both overall level and product level to present their final impact on trade. This research finds that territorial disputes between the two countries deteriorated trade, as the volume of trade usually decreased distinctly after conflicts. The negative impact on trade generated by serious conflicts usually occurred more rapidly and on a larger scale. The effect of trade deterioration caused by political events weakened over time. Furthermore, after serious conflicts, although the volume of trade of certain products decreased temporarily, it rebounded quickly or even increased soon. However, industrial equipment or industrial raw materials trade activities between the two countries were basically independent of the conflicts’ impact.

  4. 15 CFR 930.44 - Availability of mediation for disputes concerning proposed activities.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Availability of mediation for disputes... PROGRAMS Consistency for Federal Agency Activities § 930.44 Availability of mediation for disputes..., either party may request the Secretarial mediation or OCRM mediation services provided for in subpart G....

  5. Resolving Canada-US Trade Disputes in Agriculture and Forestry: Lessons from Lumber

    NARCIS (Netherlands)

    Biggs, J.; Laaksonen-Craig, S.; Niquidet, K.; Kooten, van G.C.

    2006-01-01

    Prominent trade disputes between Canada and the United States involve agriculture and forestry, with lack of transparency caused by Canadian non-market institutions a source of US objections. We examine lessons from the lumber dispute to shed light on US objections to the Canadian Wheat Board (CWB).

  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 of the region-

  7. Self-serving evaluation of conflict behavior and escalation of the dispute

    NARCIS (Netherlands)

    de Dreu, C.K.W.; Nauta, A.; van de Vliert, E.

    1995-01-01

    Examined whether, instead of being impartial, a mediator may side with one party as a function of the disputants' power differences (power balancing theory), the mediator's legitimacy judgments (siding theory), or the disputants' capacity to sanction the mediator (siding theory). A questionnaire stu

  8. 17 CFR 31.29 - Arbitration or other dispute settlement procedures.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Arbitration or other dispute... COMMISSION LEVERAGE TRANSACTIONS § 31.29 Arbitration or other dispute settlement procedures. Each self..., equitable and expeditious procedure, through arbitration or otherwise, for the voluntary settlement of...

  9. 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....

  10. 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 of the region-

  11. 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

  12. 48 CFR 222.406-10 - Disposition of disputes concerning construction contract labor standards enforcement.

    Science.gov (United States)

    2010-10-01

    ... Construction 222.406-10 Disposition of disputes concerning construction contract labor standards enforcement... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Disposition of disputes concerning construction contract labor standards enforcement. 222.406-10 Section 222.406-10 Federal...

  13. 48 CFR 622.406-10 - Disposition of disputes concerning construction contract labor standards enforcement.

    Science.gov (United States)

    2010-10-01

    ... disputes concerning construction contract labor standards enforcement. The cognizant contracting activity... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Disposition of disputes concerning construction contract labor standards enforcement. 622.406-10 Section 622.406-10 Federal...

  14. 75 FR 62624 - WTO Dispute Settlement Proceeding Regarding United States-Final Antidumping Measures on Stainless...

    Science.gov (United States)

    2010-10-12

    ...- 7305. SUPPLEMENTARY INFORMATION: USTR is providing notice that the Dispute Settlement Body (``DSB... the recommendations and rulings of the DSB in the dispute United States--Final Antidumping Measures on Stainless Steel from Mexico. The recommendations and rulings stem from the DSB's adoption of the panel...

  15. 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...

  16. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-05-29

    ... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate instruments that may take the form of annexes on...

  17. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

    ... and business to consumer cross-border electronic commerce disputes. At the November meeting, the... electronic commerce disputes. For the report of the first two sessions of the UNCITRAL ODR Working...

  18. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

    ... 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...

  19. Design Parameters and Objectives of a High-­Resolution X-­ray Imaging Crystal Spectrometer for the Large Helical Device (LHD)

    Energy Technology Data Exchange (ETDEWEB)

    Bitter, M; Gates, D; Neilson, H; Reiman, A; Roquemore, A L; Morita, S; Goto, M; Yamada, H

    2010-05-19

    A high-resolution X-ray imaging crystal spectrometer, whose instrumental concept was thoroughly tested on NSTX and Alcator C-Mod, is presently being designed for LHD. The instrument will record spatially resolved spectra of helium-like Ar16+ and provide ion temperature profiles with spatial and temporal resolutions of 1 cm and > 10 ms which are obtained by a tomographic inversion of the spectral data, using the stellarator equilibrium reconstruction codes, STELLOPT and PIES. Since the spectrometer will be equipped with radiation hardened, high count rate, PILATUS detectors,, it is expected to be operational for all experimental conditions on LHD, which include plasmas of high density and plasmas with auxiliary RF and neutral beam heating. The special design features required by the magnetic field structure at LHD will be described.

  20. Micro and macro level of dispute causes in residential building projects: Studies of Saudi Arabia

    Directory of Open Access Journals (Sweden)

    Ibrahim Mahamid

    2016-01-01

    Full Text Available The objective of this research is to identify the common direct and indirect (micro and macro level dispute causes in residential building projects in Saudi Arabia. The questionnaire method was used in this research. Randomly distributed questionnaire technique was applied to 120 contractors to evaluate the severity of the identified 29 direct dispute causes and 32 indirect dispute causes. The analysis of the identified causes indicates that the top five severe direct dispute causes are: delay in progress payment by owner, unrealistic contract duration, change orders, poor quality of completed works, and labor inefficiencies respectively. While the top five severe indirect dispute causes are: inadequate contractor’s experience, lack of communication between construction parties, ineffective planning and scheduling of project by contractor, cash problems during construction, and poor estimation practices.

  1. High-resolution NMR field-cycling device for full-range relaxation and structural studies of biopolymers on a shared commercial instrument

    Energy Technology Data Exchange (ETDEWEB)

    Redfield, Alfred G., E-mail: redfield@brandeis.edu [Brandeis University, Biochemistry Department (United States)

    2012-02-15

    Improvements are described in a shuttling field-cycling device (Redfield in Magn Reson Chem 41:753-768, 2003), designed to allow widespread access to this useful technique by configuring it as a removable module to a commercial 500 MHz NMR instrument. The main improvements described here, leading to greater versatility, high reliability and simple construction, include: shuttling provided by a linear motor driven by an integrated-control servomotor; provision of automated bucking magnets to allow fast two-stage cycling to nearly zero field; and overall control by a microprocessor. A brief review of history and publications that have used the system is followed by a discussion of topics related to such a device including discussion of some future applications. A description of new aspects of the shuttling device follows. The minimum round trip time to 1T and above is less than 0.25 s and to 0.002 T is 0.36 s. Commercial probes are used and sensitivity is that of the host spectrometer reduced only by relaxation during travel. A key element is development of a linkage that prevents vibration of the linear motor from reaching the probe.

  2. High-resolution NMR field-cycling device for full-range relaxation and structural studies of biopolymers on a shared commercial instrument.

    Science.gov (United States)

    Redfield, Alfred G

    2012-02-01

    Improvements are described in a shuttling field-cycling device (Redfield in Magn Reson Chem 41:753-768, 2003), designed to allow widespread access to this useful technique by configuring it as a removable module to a commercial 500 MHz NMR instrument. The main improvements described here, leading to greater versatility, high reliability and simple construction, include: shuttling provided by a linear motor driven by an integrated-control servomotor; provision of automated bucking magnets to allow fast two-stage cycling to nearly zero field; and overall control by a microprocessor. A brief review of history and publications that have used the system is followed by a discussion of topics related to such a device including discussion of some future applications. A description of new aspects of the shuttling device follows. The minimum round trip time to 1T and above is less than 0.25 s and to 0.002 T is 0.36 s. Commercial probes are used and sensitivity is that of the host spectrometer reduced only by relaxation during travel. A key element is development of a linkage that prevents vibration of the linear motor from reaching the probe.

  3. Long-term high-resolution imaging and culture of C. elegans in chip-gel hybrid microfluidic device for developmental studies.

    Science.gov (United States)

    Krajniak, Jan; Lu, Hang

    2010-07-21

    Developmental studies in multicellular model organisms such as Caernohabditis elegans rely extensively on the ability to cultivate and image animals repeatedly at the cell or subcellular level. However, standard high-resolution imaging techniques require the use of anaesthetics for immobilization, and may have undesirable side effects on development. Thus such techniques are not ideal in allowing the same animals to grow and be imaged throughout development to observe specific developmental processes. In this paper, we present a microfluidic system designed to overcome these difficulties. The system allows for long-term culture of C. elegans starting at L1 larval stage and repeated high-resolution imaging at physiological temperatures without using anaesthetics. We use a commercially available biocompatible polymer, Pluronic F127 for immobilization; this polymer is capable of a reversible thermo-sensitive sol-gel transition within approximately 2 degrees C, which is well-controlled in the microfluidic chip. The gel phase is sufficient to immobilize the animals. While animals are not imaged, they are cultured in individual chambers in media containing nutrients required for development. We show here that this method facilitates time-lapse studies of single animals at high-resolution and lends itself to live imaging experiments on developmental processes and dynamic events.

  4. 医疗纠纷多元调解新机制思考与探索%The Thinking and Explore of the New Multi-mechanisms of Mediation to Medical Dispute

    Institute of Scientific and Technical Information of China (English)

    方鹏骞; 王晓蕾

    2009-01-01

    目前我国医疗纠纷逐年增多,成为社会各界普遍关注的热点问题.同时,医疗纠纷解决机制的各种弊病也不断暴露出来,医疗纠纷解决现状令人堪忧.因此,如何克服医疗纠纷各种调解机制的自身缺陷,实现人民调解、行政调解、司法调解三种方式之间的有机衔接具有重要的理论和实践意义.%At present,The medical dispute in China ks increasing year by year,which has became the hot issues in the community. At the same time,all kinds of defects in medical dispute resolution mechanism have been exposed,the status of medical dispute resolution has been worried. Therefore,how to overcome a variety of medical dispute mediation mechanism of their own shortcomings and realizing organic convergence among the people,administrative,judicial mediation,have great theoretical and practical significance.

  5. Escalation and Resolution of Border Disputes and Interstate Conflicts in Africa: The Malawi-Tanzania Case

    Science.gov (United States)

    2011-06-01

    Daily News Tanzania, February 4, 2010, http://www.dailynews.co.tz/ bunge /?n=7245 (accessed January 22, 2011). 39 perceived by litigating States...www.dailynews.co.tz/ bunge /?n=7245 (accessed January 22, 2011). Kaufman, Daniel. “World Governance Indicators (WGI).” Brookings Institution, World Bank Development

  6. Dispute resolution and “environmental” provisions in the WTO: promising developments for environmental matters

    Directory of Open Access Journals (Sweden)

    Natalia Rodríguez Uribe

    2011-01-01

    Full Text Available En la actualidad, la política internacional tiende hacia la unificación económica y cultural (globalización, en la cual la totalidad de las naciones se encuentran vinculadas por interacciones comerciales. Para que los compromisos adquiridos en materia de protección ambiental sean respetados, el derecho ambiental debe dejar de ser considerado como una disciplina separada y buscar sinergias que le permitan convertirse en un actor importante en las relaciones comerciales. En el presente ensayo se argumenta que el comercio internacional y el derecho ambiental han coevolucionado en las últimas tres décadas, hasta llegar a un balance en el concepto de desarrollo sostenible. Este artículo explora esta coevolución, mientras propone que la Organización Mundial del Comercio (OMC puede jugar un importante rol en el cumplimiento de los objetivos internacionales de protección ambiental si sus disposiciones “verdes” y su sistema de resolución de conflictos son utilizados para promoverlos, tal como está sucediendo. Para ilustrar este punto, se presenta un breve resumen de los tratados comerciales y ambientales suscritos desde los años setenta, seguido de una explicación de las disposiciones legales de la OMC que pueden ser consideradas como “verdes”, con el fin de hallar puntos de convergencia que puedan ser utilizados por los países miembros no solo para justificar la adopción de normativas domésticas de protección ambiental, sino también para instar a los otros signatarios en el cumplimiento de sus obligaciones en esta área.

  7. Sanctity of dispute resolution clauses : strategic coherence of the Brussels system / Ilona Nurmela

    Index Scriptorium Estoniae

    Nurmela, Ilona, 1976-

    2005-01-01

    1968. aasta Brüsseli konventsioon kohtualluvuse ja kohtuotsuste täitmise kohta tsiviil- ja kaubandusasjades (1968 Brussels Convention on jurisdiction and the enforcement of judgements in civil and commercial matters ; Brussels I Convention)

  8. Sanctity of dispute resolution clauses : strategic coherence of the Brussels system / Ilona Nurmela

    Index Scriptorium Estoniae

    Nurmela, Ilona, 1976-

    2005-01-01

    1968. aasta Brüsseli konventsioon kohtualluvuse ja kohtuotsuste täitmise kohta tsiviil- ja kaubandusasjades (1968 Brussels Convention on jurisdiction and the enforcement of judgements in civil and commercial matters ; Brussels I Convention)

  9. Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals

    DEFF Research Database (Denmark)

    Adrian, Lin

    2013-01-01

    Bidraget indeholder en oversigt over alternativ konfliktløsning af konflikter - primært civilretlige konflikter, men strafferetlige konflikter berøres også. Oversigten vedrører såvel regulering som praksis. Bidraget munder ud i en diskussion af behovet for en international model lov, indholdet i en...

  10. 31 CFR 501.605 - Reports on litigation, arbitration, and dispute resolution proceedings.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Reports on litigation, arbitration... REPORTING, PROCEDURES AND PENALTIES REGULATIONS Reports § 501.605 Reports on litigation, arbitration, and... States in the case of parts 500 and 515 of this chapter) participating in litigation, arbitration,...

  11. Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals

    DEFF Research Database (Denmark)

    Adrian, Lin

    2013-01-01

    Bidraget indeholder en oversigt over alternativ konfliktløsning af konflikter - primært civilretlige konflikter, men strafferetlige konflikter berøres også. Oversigten vedrører såvel regulering som praksis. Bidraget munder ud i en diskussion af behovet for en international model lov, indholdet i ...

  12. 司法能动与纠纷解决%Judicial Activism and Dispute Resolution

    Institute of Scientific and Technical Information of China (English)

    王建国

    2010-01-01

    @@ 司法的被动性曾几何时为司法理论界大加赞赏、推崇倍至.但是,这种片面强调司法权的被动性并将其推向极端显然是矫枉过正."在我国司法国情条件下,片面强调案件在法律上的处理结果,机械套用法律条文,使法律脱离社会和民众的期待,这必然导致裁判结果虽然在法律上说得过去,但老百姓却不理解、不认同、不接受.

  13. Incorporating a right to health perspective into the resolution of patent law disputes.

    Science.gov (United States)

    Oke, Emmanuel Kolawole

    2013-12-12

    This article adopts the view that the courts in developing countries can play an important role in improving access to medicines in their countries if they incorporate a right to health perspective when adjudicating patent cases involving pharmaceutical products. The article argues that, since patent rights are not human rights, they should not be allowed to trump the right to health. The paper examines two notable cases decided by the courts in Kenya that illustrate the crucial role that incorporating a right to health perspective can play in improving access to medicines. Finally, the paper provides five reasons why courts in developing countries cannot afford to ignore the right to health when adjudicating cases involving patent rights on pharmaceutical products.

  14. 77 FR 16828 - Turlock Irrigation District, & Modesto Irrigation District; Notice of Dispute Resolution Process...

    Science.gov (United States)

    2012-03-22

    ... Energy Regulatory Commission Turlock Irrigation District, & Modesto Irrigation District; Notice of... and the Modesto Irrigation District (collectively, the Districts), are co-licensees for the Don Pedro... Steelhead Full Life-Cycle Population Models; and Request 9--Effects of the Project and Related Facilities on...

  15. 2. Customary Dispute Resolution in Amhara Region: The Case of Wofa Legesse in North Shewa

    OpenAIRE

    Abate, Melaku; Shiferaw, Wubishet

    2016-01-01

    Profile of the Region and the selected study area Amhara Region is located in the northern and northwestern parts of Ethiopia. It shares borders with the regional states of Oromia, Afar, Benishangul, and Tigray. It also borders Sudan. The Region has an area of 161,828 square kilometers and a population of 17,205,000. The political center of Amhara is Bahir Dar, which is 565 kilometers from Addis Ababa. The Region comprises eleven zones of which three are special zones, namely Awi, Wag Himra a...

  16. The Ring Counter (RCo): A high resolution IC-Si-CsI(Tl) device for heavy ion reaction studies at 10-30 MeV/A

    Energy Technology Data Exchange (ETDEWEB)

    Moroni, A.; Brambilla, S.; Giussani, A. [Istituto Nazionale di Fisica Nucleare, Sezione di Milano and Dipartimento di Fisica dell' Universita, Milan (Italy); Bruno, M. [Istituto Nazionale di Fisica Nucleare, Sezionedi Bologna and Dipartimento di Fisica dell' Universita, Bologna (Italy); Bardelli, L. [Istituto Nazionale di Fisica Nucleare, Sezione di Firenze and Dipartimento di Fisica dell' Universita, Florence (Italy); Barlini, S. [Istituto Nazionale di Fisica Nucleare, Laboratori Nazionali di Legnaro (Italy); Casini, G. [Istituto Nazionale di Fisica Nucleare, Sezione di Firenze and Dipartimento di Fisica dell' Universita, Florence (Italy); Cavaletti, R. [Istituto Nazionale di Fisica Nucleare, Sezionedi Bologna and Dipartimento di Fisica dell' Universita, Bologna (Italy); Chiari, M. [Istituto Nazionale di Fisica Nucleare, Sezione di Firenze and Dipartimento di Fisica dell' Universita, Florence (Italy); Cortesi, A. [Istituto Nazionale di Fisica Nucleare, Sezione di Milano and Dipartimento di Fisica dell' Universita, Milan (Italy); D' Agostino, M. [Istituto Nazionale di Fisica Nucleare, Sezionedi Bologna and Dipartimento di Fisica dell' Universita, Bologna (Italy)]. E-mail: dagostino@bo.infn.it; De Sanctis, J. [Istituto Nazionale di Fisica Nucleare, Sezionedi Bologna and Dipartimento di Fisica dell' Universita, Bologna (Italy); Geraci, E. [Istituto Nazionale di Fisica Nucleare, Sezionedi Bologna and Dipartimento di Fisica dell' Universita, Bologna (Italy); Giordano, G. [Istituto Nazionale di Fisica Nucleare, Sezione di Napoli and Dipartimento di Fisica dell' Universita, Napoli (Italy); Gramegna, F. [Istituto Nazionale di Fisica Nucleare, Laboratori Nazionali di Legnaro (Italy); Guiot, B. [Istituto Nazionale di Fisica Nucleare, Sezionedi Bologna and Dipartimento di Fisica dell' Universita, Bologna (Italy); Kravchuk, V.; Lanchais, A. [Istituto Nazionale di Fisica Nucleare, Laboratori Nazionali di Legnaro (Italy)] [and others

    2006-01-15

    An annular detector (Ring Counter, RCo) is presented, which has been designed and built to detect and identify in mass and charge light charged particles and fragments with very low energy thresholds and high energy resolution. It complements the GARFIELD apparatus, operating at INFN Laboratori Nazionali di Legnaro, to detect the forward emitted products of nuclear heavy ion reactions. It consists of eight sectors of a three-stage telescope, each one formed by an ionization chamber followed by eight strips of a silicon detector and by two CsI(Tl) scintillators. Construction features and performances are described and discussed in details.

  17. The Ring Counter (RCo): A high resolution IC Si CsI(Tl) device for heavy ion reaction studies at 10 30 MeV/A

    Science.gov (United States)

    Moroni, A.; Bruno, M.; Bardelli, L.; Barlini, S.; Brambilla, S.; Casini, G.; Cavaletti, R.; Chiari, M.; Cortesi, A.; D'Agostino, M.; De Sanctis, J.; Geraci, E.; Giordano, G.; Giussani, A.; Gramegna, F.; Guiot, B.; Kravchuk, V.; Lanchais, A.; Margagliotti, G. V.; Nannini, A.; Ordine, A.; Piantelli, S.; Vannini, G.; Vannucci, L.

    2006-01-01

    An annular detector (Ring Counter, RCo) is presented, which has been designed and built to detect and identify in mass and charge light charged particles and fragments with very low energy thresholds and high energy resolution. It complements the GARFIELD apparatus, operating at INFN Laboratori Nazionali di Legnaro, to detect the forward emitted products of nuclear heavy ion reactions. It consists of eight sectors of a three-stage telescope, each one formed by an ionization chamber followed by eight strips of a silicon detector and by two CsI(Tl) scintillators. Construction features and performances are described and discussed in details.

  18. 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.

  19. The Role of E-Mail in an Industrial Dispute

    Directory of Open Access Journals (Sweden)

    Nava Pliskin

    1996-05-01

    Full Text Available The purpose of this paper is to show, based on a case study, how electronic communication networks have affected the process of a large scale industrial dispute. The case study describes a two-and-a-half month long strike of academic staff members at all universities in Israel. During the strike, electronic mail (e-mail was used as a major means of communication between faculty members. Sources of data for this paper were mass media reports, including reports from national radio, TV, and newspapers, participant observations, and messages that flowed on the e-mailing list throughout the lengthy strike. Analysis of the data from the various sources suggests that the e-mailing list was instrumental in enabling the strikers to succeed in what was presumed to be a hopeless battle. The paper is concluded with a discussion of the lessons to be drawn from this case for e-mail research and practice

  20. Frontier and territorial dispute between Botswana and Namibia

    Directory of Open Access Journals (Sweden)

    Etinski Rodoljub M.

    2015-01-01

    Full Text Available Botswana and Namibia have accepted that their mutual frontier was determined by Anglo-German Treaty of1890. The Treaty defined a frontier of the sphere of influence of the UK and Germany saying that it follows, inter alia, the center of the main channel of the Chobe River around the Kasikili/Sedudu Island. The River bifurcates in two channels around the Island and after the Island the channels merge again in the same River. The Treaty did not determine which of the two channels was the main channel and it became cause of a dispute. The parties agreed that the International Court of Justice resolves the dispute about the frontier and the status of the Kasikili/Sedudu Island applying the 1890 Treaty and general rules and principles of international law. The Court decided that the main channel is the north channel, that the Island is a territory of Botswana and that the navigation on the both channels remains free and under equal national treatment for vessels of the both sides. The Court based its conclusion about main channel on the common meaning of the term as it defined in relevant literature. The support for the conclusion was found in a report of local authorities of the both sides and a report of a common expert group, established by the two parties. Namibia did not succeed to convince the Court that Namibia had acquired the Island by prescription on the basis of long presence of Namibian tribe Masubia on the island, since the Court did not accepted that the tribe pursued sovereign power.

  1. 浅析医闹中患者保护的法律对策%A Brief Discussion on Legal Countermeasures of Patient Protection in Severe Medical Disputes

    Institute of Scientific and Technical Information of China (English)

    魏洋; 周懿; 吕申迪

    2012-01-01

    In today's society,despite the patient's health,part of the doctors prescribe medicine for profit,utterly devoid of conscience.Therefore,the severe medical dispute will occur,and it escalates in the country,from small to big,from weak to strong,and it even develops into a group behavior of hired hospital violators with the nature of underworld organization.In this paper,this social phenomenon of "severe medical dispute" is analyzed,and some proposals are put forward in order to build a diverse,flexible,and efficient medical dispute resolution mechanism.%在当今社会,作为白衣天使的一部分人以开药牟取私利,视患者死活如儿戏,引发医闹事件,并在全国范围内逐步升级,由小到大,由弱到强,最后发展到带有黑社会组织性质的职业医闹群体行为。本文通过对"医闹"这一社会现象进行分析,为构建多元、灵活、高效的医疗纠纷解决机制,提出一些设想。

  2. The EU as an Actor in the Solution of the Cyprus Dispute: The Questions of 'How'?

    Directory of Open Access Journals (Sweden)

    H. Tarik Oguzlu

    2002-06-01

    Full Text Available This article argues that, despite the optimistic expectations of the international community, the accession process of the Republic of Cyprus with the European Union (EU has so far only contributed to further 'securitization' and 'perpetuation' of the conflict. It is argued that the dangers of EU membership of a divided Cyprus would far outweigh the expected benefits. As a consequence, the paper contends that if the EU wants to make a constructive contribution to the resolution of the Cyprus dispute, it should adopt a new approach-one that foresees the active support of the European countries to the EU membership of a loosely-centralized federal Cyprus. Compared to the traditional sovereign sensitive approaches, the author argues that neither the confederal approach of the Turkish Cypriots nor the tightly-centralized federal approach of the Greek Cypriots could find a niche within the post-modern and post-Westphalian environment of the European Union. Given that the EU is the only institution that could affect the incentive-matrixes of the interested parties in the conflict, the author concludes that a change of mind is required by the EU for a breakthrough to come about.

  3. The Disputes Concerning the Rural Housing Land Transition and Solving Mechanism Improved%农村宅基地流转纠纷及其解决机制完善

    Institute of Scientific and Technical Information of China (English)

    陈文通; 林恩伟

    2014-01-01

    The disputes concerning the rural housing land transition have multiple and complex causes; controversial elements are substantial in size;and the main body has showed more types. This paper analyses the major issues in the process of solving these disputes, these are:there is no exact guidelines for dispute resolution because of the current poor laws and regulations;other social contradictions among the dispute of the rural housing land transition cannot be solved with the relatively low judicial relief efifciency;rural homestead-land-use-right and mandatory registration system of rural houses have not been established; and the dififculty in dispute resolution is intensiifed without the coordination of administration departments. On this basis, this paper puts forward that we should gradually establish and perfect the relevant legal system, focus on resolving the dispute from the source, and improve multi-factor dispute resolution mechanism.%农村宅基地流转纠纷主要有传统和新类型两大类,其特征表现为主体呈现多元化、纠纷原因复杂多样、争议内容广泛。农村宅基地流转纠纷解决中存在的主要问题:现行法律规定不完善,导致纠纷解决缺乏确切的指导规范;司法救济效率相对较低,无法解决夹杂在宅基地流转纠纷中的其他社会矛盾;宅基地使用权和农村房屋的强制登记制度尚未建立,行政部门不配合加剧纠纷处理难度。完善宅基地流转纠纷解决机制的对策:逐步建立和完善相关法律制度;注重宅基地流转纠纷源头化解;完善宅基地流转多元纠纷解决机制。

  4. SU-C-BRE-04: Microbeam-Radiation-Therapy (MRT): Characterizing a Novel MRT Device Using High Resolution 3D Dosimetry

    Energy Technology Data Exchange (ETDEWEB)

    Li, Q [Duke University, Durham, NC (United States); Juang, T; Bache, S [Durham, NC (United States); Chang, S [UNC School of Medicine, Chapel Hill, NC (United States); Oldham, M [Duke University Medical Center, Durham, NC (United States)

    2014-06-15

    Purpose: The feasibility of MRT has recently been demonstrated utilizing a new technology of Carbon-Nano-Tube(CNT) field emission x-ray sources.This approach can deliver very high dose(10's of Gy) in narrow stripes(sub-mm) of radiation which enables the study of novel radiation treatment approaches. Here we investigate the application of highresolution (50um isotropic) PRESAGE/Optical-CT 3D dosimetry techniques to characterize the radiation delivered in this extremely dosimetrically challenging scenario. Methods: The CNT field emission x-ray source irradiator comprises of a linear cathode array and a novel collimator alignment system. This allows a precise delivery of high-energy small beams up to 160 kVp. A cylindrical dosimeter (∼2.2cm in height ∼2.5cm in diameter) was irradiated by CNT MRT delivering 3 strips of radiation with a nominal entrance dose of 32 Gy.A second dosimeter was irradiated with similar entrance dose, with a regular x-ray irradiator collimated to microscopical strip-beams. 50um (isotropic) 3D dosimetry was performed using an in-house optical-CT system designed and optimized for high resolution imaging (including a stray light deconvolution correction).The percentage depth dose (PDD), peak-to-valley ratio (PVR) and beam width (FWHM) data were obtained and analyzed in both cases. Results: High resolution 3D images were successfully achieved with the prototype system, enabling extraction of PDD and dose profiles. The PDDs for the CNT irradiation showed pronounced attenuation, but less build-up effect than that from the multibeam irradiation. The beam spacing between the three strips has an average value of 0.9mm while that for the 13 strips is 1.5 mm at a depth of 16.5 mm. The stray light corrected image shows line profiles with reduced noise and consistent PVR values. Conclusion: MRT dosimetry is extremely challenging due to the ultra small fields involved.This preliminary application of a novel, ultra-high resolution, optical-CT 3D

  5. 复杂地形高密度电法观测装置的分辨率探讨与分析%Discussion and Analysis of the Resolution of High-density Resistivity Imaging Devices in Complex Terrain

    Institute of Scientific and Technical Information of China (English)

    李文灵; 黄真萍; 王福喜; 陶海平; 蔡建兵; 陈伟文

    2015-01-01

    In the conditions of complex terrains ,the inhomogeneous electrical property of the surrounding rocks and the uneven ground surface make it difficult for high-density resistivity imaging devices to produce satisfiable results .Here , three devices of wenner ,dipole and schlumberger were used to simulate terrains of plains ,ridges and valleys .The appro-priate observation devices of electrical method were obtained by analyzing and contrasting resistivity values of the simula -tion diagrams .The analysis results indicate that the wenner device is less affected by the terrain ;under small distur-bance ,the dipole device can well reflect the electrical variations of underground complex terrains ,but it is influenced se-riously by the terrains of ridges and valleys ;the detection of schlumberger device is greatly affected by the terrain with lower relative precision and resolution .%在复杂地形条件下,受围岩电性不均匀和地表起伏的影响,导致高密度电法勘探效果不佳。采用温纳装置、偶极装置、斯伦贝尔三种装置,在平坦、山脊、山谷地形进行模拟,通过模拟的电阻率,得出不同地形中适宜采取的电法观测装置。结果表明:温纳装置受地形因素影响较小;偶极装置在干扰较小时能较好地反映地下复杂地形的电性变化,但受山脊、山谷地形的影响较严重;斯伦贝尔装置探测时受地形影响较大,相对精确度和分辨率会降低。

  6. Laser device

    Science.gov (United States)

    Scott, Jill R.; Tremblay, Paul L.

    2007-07-10

    A laser device includes a target position, an optical component separated a distance J from the target position, and a laser energy source separated a distance H from the optical component, distance H being greater than distance J. A laser source manipulation mechanism exhibits a mechanical resolution of positioning the laser source. The mechanical resolution is less than a spatial resolution of laser energy at the target position as directed through the optical component. A vertical and a lateral index that intersect at an origin can be defined for the optical component. The manipulation mechanism can auto align laser aim through the origin during laser source motion. The laser source manipulation mechanism can include a mechanical index. The mechanical index can include a pivot point for laser source lateral motion and a reference point for laser source vertical motion. The target position can be located within an adverse environment including at least one of a high magnetic field, a vacuum system, a high pressure system, and a hazardous zone. The laser source and an electro-mechanical part of the manipulation mechanism can be located outside the adverse environment. The manipulation mechanism can include a Peaucellier linkage.

  7. Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

    Institute of Scientific and Technical Information of China (English)

    Deyu; DU

    2013-01-01

    On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.

  8. 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

  9. 42 CFR 137.416 - Do §§ 137.415 through 137.436 apply to any other disputes?

    Science.gov (United States)

    2010-10-01

    ... a compact, funding agreement, or construction project agreement that has been awarded; (b) Disputes... disputes? 137.416 Section 137.416 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN...-Award Disputes § 137.416 Do §§ 137.415 through 137.436 apply to any other disputes? No, §§ 137.415...

  10. Development of a new generation of high-resolution anatomical models for medical device evaluation: the Virtual Population 3.0

    Science.gov (United States)

    Gosselin, Marie-Christine; Neufeld, Esra; Moser, Heidi; Huber, Eveline; Farcito, Silvia; Gerber, Livia; Jedensjö, Maria; Hilber, Isabel; Di Gennaro, Fabienne; Lloyd, Bryn; Cherubini, Emilio; Szczerba, Dominik; Kainz, Wolfgang; Kuster, Niels

    2014-09-01

    The Virtual Family computational whole-body anatomical human models were originally developed for electromagnetic (EM) exposure evaluations, in particular to study how absorption of radiofrequency radiation from external sources depends on anatomy. However, the models immediately garnered much broader interest and are now applied by over 300 research groups, many from medical applications research fields. In a first step, the Virtual Family was expanded to the Virtual Population to provide considerably broader population coverage with the inclusion of models of both sexes ranging in age from 5 to 84 years old. Although these models have proven to be invaluable for EM dosimetry, it became evident that significantly enhanced models are needed for reliable effectiveness and safety evaluations of diagnostic and therapeutic applications, including medical implants safety. This paper describes the research and development performed to obtain anatomical models that meet the requirements necessary for medical implant safety assessment applications. These include implementation of quality control procedures, re-segmentation at higher resolution, more-consistent tissue assignments, enhanced surface processing and numerous anatomical refinements. Several tools were developed to enhance the functionality of the models, including discretization tools, posing tools to expand the posture space covered, and multiple morphing tools, e.g., to develop pathological models or variations of existing ones. A comprehensive tissue properties database was compiled to complement the library of models. The results are a set of anatomically independent, accurate, and detailed models with smooth, yet feature-rich and topologically conforming surfaces. The models are therefore suited for the creation of unstructured meshes, and the possible applications of the models are extended to a wider range of solvers and physics. The impact of these improvements is shown for the MRI exposure of an adult

  11. 75 FR 4607 - Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Rosters...

    Science.gov (United States)

    2010-01-28

    ...A number of trade agreements to which the United States is a party call for the parties to establish rosters of persons available to serve on dispute settlement panels to hear disputes under those agreements. These agreements include the United States-Chile Free Trade Agreement, the Dominican Republic-Central America-United States Free Trade Agreement (``CAFTA-DR''), the North American Free Trade Agreement (``NAFTA''), and the United States-Peru Trade Promotion Agreement. In some instances, an agreement will call for the establishment of more than one roster. For example, the CAFTA-DR requires the establishment of four rosters of individuals who would be available to serve as panelists in dispute settlement proceedings arising under that agreement: a general roster and rosters for disputes concerning financial services, labor, and environment matters. USTR is inviting interested persons to apply to be on one or more of these several rosters under the various agreements.

  12. Analysis on Causes of Rural Land Expropriation Disputes Based on Smith’s Model

    Institute of Scientific and Technical Information of China (English)

    Yan; XIE; Lan; HE

    2014-01-01

    Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In other words,land expropriation disputes are caused by existing imperfect institutions,regulations,and policies. Such analysis model points institutional causes,but pays little attention to policy implementation process,especially the subjective initiative of parties concerned. This paper described a decade-long land expropriation dispute case in detail.Through description of event and process and survey of reasons of actors,it revealed factors resulting in occurrence and upgrade of dispute,and analyzed factors and their interactions with the aid of Smith Process Model.

  13. 76 FR 12401 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting Electronic Payment...

    Science.gov (United States)

    2011-03-07

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Certain Measures Affecting Electronic Payment Services AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative (``USTR'') is...

  14. 75 FR 60159 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting Electronic Payment...

    Science.gov (United States)

    2010-09-29

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Certain Measures Affecting Electronic Payment Services AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative (``USTR'') is...

  15. Simple piezoelectric translation device

    Science.gov (United States)

    Niedermann, Ph.; Emch, R.; Descouts, P.

    1988-02-01

    We describe a piezoelectric device which allows continuous movement and high-resolution micropositioning, without distance limitation. Both mechanical construction and the electronics for the device are very simple. The movement is obtained via a stick-slip mechanism, and steps as small as 10 nm are obtained. A displacement speed of 0.4 mm/s has been attained, and the device was capable of carrying several times its own weight, exerting a horizontal force, or climbing a plane inclined by 7°. Due to its compact construction, the device shows prospects for miniaturization.

  16. The Disputes of Maritime Interests Test China's Peaceful Rise%The Disputes of Maritime Interests Test China's Peaceful Rise

    Institute of Scientific and Technical Information of China (English)

    Shi Yongming

    2012-01-01

    In recent years, continued escalation has been seen in the disputes of territorial sovereignty and maritime interests in both the East China Sea and the South China Sea. In the backdrop of increasing competition for resources driven by the rising demand of people's daily life, China remains a developing country, but strictly guarded against by the United States. Some countries want to take advantage of the uncertain elements in the current strategic environment to slow the momentum of cooperative development in East Asia. It would be a serious test for China during its rise to handle the disputes of maritime interests appropriately.

  17. Mitigating the Security Risks in the South China Sea Island Disputes

    Science.gov (United States)

    2014-02-13

    South China Sea. The Association of Southeast Nations ( ASEAN ) is disunited and has been largely ineffective in moving the dispute forward. However... ASEAN ). While it has declared an Air Defense Identification Zone in the East China Sea, China has publicly 5 dismissed any rumors that it would do...with ASEAN . Thus, China’s use ambiguity to avoid conflict with ASEAN , maintain the status quo and delay the settlement of the dispute. Strategy of

  18. Japan's Energy Policy on China:In the Perspective of Oil Dispute in East China Sea

    Institute of Scientific and Technical Information of China (English)

    2005-01-01

    @@ Over recent years, the oil dispute in the East China Sea has become a new contradictory focus in Sino-Japanese relations after the issues of the Yasukuni Shrine and history text book. This article tries to take the oil dispute in the East China Sea as a penetrating point to analyze the basic line of thinking in Japan's China energy policy adjustment so as to better recognize the current situation and future of Sino-Japanese energy relations.

  19. Democracy and secularism: remarks on an ongoing dispute

    Directory of Open Access Journals (Sweden)

    Luiz Bernardo Leite Araujo

    2014-06-01

    Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p141This paper focus on the disputed issue concerning the proper role of religion in politics, confronting the contributions of three major contemporary political thinkers about democracy and secularism. I present, first, Charles Taylor’s characterization of secularist regimes as attempts to secure the basic principles of the modern moral order. Next, I argue that John Rawls’s growing interest in the relation between religion and democracy led him to an even more inclusive view of public reason. Thirdly, I show that Jürgen Habermas preserves a distinction between faith and knowledge that proves essential to grasping the debate over the place of religion in the public sphere. All three thinkers are concerned with the appropriate forum for the basic political language of the secular state. In a nutshell, my interpretation highlights a much greater proximity between Habermas and Rawls on political justification, on the one hand, and between the former and Taylor regarding the normative basis for the secular state, on the other hand, than their various interventions seem to indicate.

  20. Industry disputes administration report on oil and gas leasing

    Science.gov (United States)

    Showstack, Randy

    2012-05-01

    Despite the Obama administration's efforts to make millions of acres of public lands available for oil and gas development, most of the acreage onshore and offshore of the contiguous United States remains idle, according to “Oil and gas lease utilization, onshore and offshore,” a 15 May report issued by the Department of the Interior (DOI). The report, which is being disputed by industry representatives, notes that 72% of the nearly 36 million leased offshore acres currently are inactive and that 50.6% of onshore leased acres (about 20.8 million acres) also are idle. “As part of the Obama administration's all-of- the-above energy strategy, we continue to make millions of acres of public lands available for safe and responsible domestic energy production on public lands and in federal waters,” said DOI secretary Ken Salazar. “These lands and waters belong to the American people, and they expect those energy supplies to be developed in a timely and responsible manner and with a fair return to taxpayers. We will continue to encourage companies to diligently bring production online quickly and safely on public lands already under lease.”

  1. Basic concepts and issues: a primer on distribution and sales representative agreements in the medical device and durable medical equipment industries.

    Science.gov (United States)

    Burow, Heiko E; Kolls, Raymond C

    2006-01-01

    Counsel for a manufacturer of medical devices or durable medical equipment must have working knowledge of various legal disciplines to draft contracts with intermediaries (sales representatives and distributors) for the marketing and sale of the manufacturer's products. If the manufacturer wishes to sell its products abroad, counsel must become familiar with the laws and business practices of the target country, and methods of gaining access to the foreign market. This Article gives readers an overview of the applicable legal principles, under U.S. and foreign laws, in the areas of agency, contracts, healthcare regulation, consumer protection, intellectual property protection, and dealer protection. To aid counsel in drafting intermediary agreements, specific contractual terms and issues are explored in depth, including: appointment clauses, performance provisions, provisions concerning pricing and payment, protective clauses (shielding the manufacturer from liability), term and termination provisions, independent contractor clauses, export control clauses, recordkeeping and audit provisions, choice of law clauses, and dispute resolution clauses.

  2. Factors and Countermeasures of 1146 Cases of Medical Disputes%1146例医疗纠纷产生的原因及对策分析

    Institute of Scientific and Technical Information of China (English)

    陈斌; 王永武

    2015-01-01

    Objective To explore various that could cause medical disputes and provide a reference for hospitals to effectively deal with disputes. Methods Conducted comparative analysis on 1146 medical disputes from 2011 to 2014 in some hospital by means of composition ratio and x2 test. Results The major factors for medical disputes in this hospital in recent four years included: surgical complications, poor surgical results, medical negligence and the lack of doctor-patient communication.Conclusion The hospital should enhance the following measures including medical quality, medical records, business training of medical professionals, medical ethics education, doctor-patient communication management. Medical workers should respect patient's informed consent right and fulfill the obligations of informed consent. Hospital should establish medical dispute resolution mechanism. Meanwhile, the society should increase understanding and respect for medical workers and work together to build a harmonious doctor-patient relationship.%目的 探讨医疗纠纷产生的各种因素,为医院有效处理纠纷提供参考依据.方法 采用构成比和χ2检验,对2011年至2014年的1146例某院的医疗纠纷案例进行比较分析.结果 某院近4年来医疗纠纷产生的主要因素为:手术并发症、手术效果不佳、医疗技术过失和医患沟通欠缺等.结论 医院要加强医疗质量、病案、医护人员的业务培训、医德医风教育、医患沟通管理等措施,尊重患者的知情同意权,认真履行各项知情告知义务,建立完善各种医疗纠纷调解机制;社会要增加对医务人员的理解与尊重,为共同构建和谐的医患关系服务.

  3. The Line between Peaceful Settlement of Disputes and the Use of Force in International Law

    Directory of Open Access Journals (Sweden)

    Oana Cristina Necula

    2012-12-01

    Full Text Available In this article, we attempt to analyze the evolution of a conflictual situation between atleast two international parties, examining each stage involved, with focus on peaceful solutions.However, what we observe is that no all disputes can be resolved through the use of common peacefulmeans. Refusing to accept violet methods of international conflict resolution and expressing faith inhuman values, freedom and fundamental rights of people, we believe that, in cases like these,imposing peaceful coercive measures in order to restore cooperation between states, becomesnecessary. These actions specifically, represent the subject of this paper. First and foremost, we mustunderstand that the international system is not a stand-alone one, butone that has evolved over theyears from tribes, empires and colonies, being at this moment composed of sovereign nation states,most of them allies as part of inter-governmental organizations. We are currently witnessing thecreating of a new subject of international law-the European Union-which does not aim to become anational state, an inter-state organization, or a federation of states. It selectively combines the featuresof these, creating a whole new international entity, whose evolution is still unknown, but that willundoubtedly change the system certainly in a gradual manner.In the midst of all thesetransformations of the international world lie the differences between mentalities and humanbehavior, or maybe even the similarities between them. These get translated into conflicts and theirresolution is intended to be as least invasive as possible, eventually leading to the development oflegal instruments designed to protect the freedom and sovereignty of the parties involved.

  4. 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.

  5. 论医疗纠纷处理人员的伦理角色%Ethical Roles of Dispute Processing Personnel in Medical Dispute

    Institute of Scientific and Technical Information of China (English)

    谭晓风; 王卫兵

    2014-01-01

    This paper focused on the role conflicts owing to the multiple identity of roles and professional limi -tations in the dispute processing personnel , analyzed the probability in the medical processes and results , appeal of the patients and pattern of medical dispute processing , and made the conclusion that the medical dispute processing personnel is volunteers promoting social harmony and a practitioner of new medical model from the social perspec -tive and should carry forward the dedication , fraternity, mutual assistance and progressive spirit , the concept of the biological -psychology -social medical model to analyze the loss of patients in dispute and appeal , truly safe-guard the health rights and interests of patients , and give some advices to perfect the role ethics dispute processing .%从纠纷处理者的多重角色并存及专业需求与实践现实不符等冲突出发,分析医疗过程和后果、患者诉求及纠纷处理方式存在较多的或然性,提出纠纷处理者应在社会视角下确定伦理角色是促进社会和谐的志愿者和新医学模式的实践者,应发扬奉献、友爱、互助、进取精神,采用生物-心理-社会医学模式的理念来分析纠纷中患者的损失和诉求,真正维护患者的健康权益,并提出健全纠纷处理者伦理角色的建议。

  6. Conflict Resolution at Work for Dummies

    CERN Document Server

    Scott, Vivian

    2010-01-01

    A practical workplace guide to handling conflict effectively. Managing employees and encouraging them to work together toward a common goal is an essential skill that all leaders should possess. Conflict Resolution at Work For Dummies provides the tools and advice you need to restore peace, train your colleagues to get along better with others, prevent conflicts from ever starting, and maintain better productivity while boosting morale.: One of the only trade publications that takes the manager's perspective on how to address conflicts, resolve disputes, and restore peace and productivity to t

  7. 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.

  8. [Factional disputes on the retention or abolition of traditional Chinese medicine within the National Government].

    Science.gov (United States)

    Hao, Xian-zhong; Zhu, De-pei

    2008-07-01

    The disputes between Western and traditional Chinese medicine (TCM) started at the turn of late Qing Dynasty to early Republican China, intensified in the period of construction of National Government at Nanking, lasting for several years. The scope of dispute also extended from the initial medical area to the mass media, and even to the government interior factions. The form of the combat also changed from the debates of original scientific theory to the confrontation of political ideology. It was the government interior factional disputes which caused "the case of abolition of the traditional Chinese medicine" to abort objectively, with the difficult advent of the regulations which saved TCM, to certain degree, from vanishing.

  9. Melanie Klein and Anna Freud: the discourse of the early dispute.

    Science.gov (United States)

    Viner, R

    1996-01-01

    Divisions in the field of the psychoanalysis of children can be traced to a dispute over the infantile super-ego between the theorists Melanie Klein and Anna Freud beginning in 1927. These divisions are understood within the analytic world as the result of scientific disputation between alternative valid theories. An examination of the language, claims, and epistemology of Klein's and Freud's publications in 1927 that marked the public commencement of the conflict, reveals a personalized discourse in which authority was derived from the allegiance, experience, and personal analytic standing of the contestants as much as from theoretical insight. The structure and rhetoric of the debate suggest that, rather than terminating the dispute, the publications of 1927 served to encourage professionalization in child analysis and establish Anna Freud and Melanie Klein as authoritative alternative theorists.

  10. Insertion devices

    CERN Document Server

    Bahrdt, J

    2006-01-01

    The interaction of an insertion device with the electron beam in a storage ring is discussed. The radiation property including brightness, ux and polarization of an ideal and real planar and helical / elliptical device is described. The magnet design of planar, helical, quasiperiodic devices and of devices with a reduced on axis power density are resumed.

  11. The Energy Charter Treaty and settlement of disputes – current challenges

    Directory of Open Access Journals (Sweden)

    Iuliana-Gabriela Iacob

    2016-06-01

    Full Text Available The Energy Charter Treaty (the “ECT” is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.

  12. Game Analysis of Implementing Price Undertaking Agreements in Anti-dumping Disputes

    Institute of Scientific and Technical Information of China (English)

    XI Jun-fang; CANG Ping; ZHONG Gen-yuan

    2008-01-01

    The Price Undertaking Agreement is one of the strategies a company accused of dumping often adopts in dealing with anti-dumping disputes. Using static game analysis, this paper compares the impact that anti-dumping duties and price undertaking agreements may have on an importing country's social welfare and an accused company's market performance. We conclude that, compared with anti-dumping duties, price undertakings improve the importing country's social welfare and reduce the accused company's market share in the import country. We also note that, in addition to the financial benefit, price undertakings can prevent escalation of trade disputes in international trade negotiations.

  13. 29 CFR 1206.2 - Percentage of valid authorizations required to determine existence of a representation dispute.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Percentage of valid authorizations required to determine existence of a representation dispute. 1206.2 Section 1206.2 Labor Regulations Relating to Labor (Continued... of valid authorizations required to determine existence of a representation dispute. (a) Where...

  14. 13 CFR 126.617 - Who decides contract disputes arising between a qualified HUBZone SBC and a contracting activity...

    Science.gov (United States)

    2010-01-01

    ... arising between a qualified HUBZone SBC and a contracting activity after the award of a HUBZone contract... Contractual Assistance § 126.617 Who decides contract disputes arising between a qualified HUBZone SBC and a... HUBZone contract, the contracting activity will decide disputes arising between a qualified HUBZone...

  15. 20 CFR 411.435 - How will disputes arising under the agreements between ENs and State VR agencies be resolved?

    Science.gov (United States)

    2010-04-01

    ... agreements between ENs and State VR agencies be resolved? 411.435 Section 411.435 Employees' Benefits SOCIAL... Vr Agencies § 411.435 How will disputes arising under the agreements between ENs and State VR agencies be resolved? Disputes arising under agreements between ENs and State VR agencies must be resolved...

  16. 29 CFR 101.31 - Initiation of proceedings to hear and determine jurisdictional disputes under section 10(k).

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Initiation of proceedings to hear and determine jurisdictional disputes under section 10(k). 101.31 Section 101.31 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD STATEMENTS OF PROCEDURES Jurisdictional Dispute Cases Under Section 10(k) of the...

  17. 25 CFR 900.133 - Does the declination process or the Contract Dispute Act apply to construction contract...

    Science.gov (United States)

    2010-04-01

    ... Dispute Act apply to construction contract amendments proposed either by an Indian tribe or tribal... 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...

  18. 45 CFR 61.15 - How to dispute the accuracy of Healthcare Integrity and Protection Data Bank information.

    Science.gov (United States)

    2010-10-01

    ... forth in paragraph (b) of this section. (b) Procedures for disputing a report with the reporting entity... reporting entity to resolve the dispute. If the reporting entity revises the information originally... that the original information has been revised. If the reporting entity does not revise the...

  19. Position Resolution in DROIDs

    Science.gov (United States)

    Samedov, Victor V.

    2008-04-01

    Since the very beginning, Distributed Read-Out Imaging Devices (DROIDs) were proposed to achieve both good position and energy resolutions. In DROIDs, the absorption of primary particle energy occurs in a long superconductive strip. Quasiparticles produced in the absorber diffuse along the strip and counted by the superconductive tunnel junctions positioned at the two ends of the strip. In this paper the formula for estimation DROID’s position resolution from experimental data was derived. This formula takes into account correlation between fluctuations of signals of DROID’s detectors.

  20. The development of conflict resolution practices in Irish workplaces

    Directory of Open Access Journals (Sweden)

    Roche William K.

    2016-12-01

    Full Text Available This paper examines the development of procedures for conflict resolution in workplaces in Ireland and the more recent emergence of alternative dispute resolution (ADR practices. Based on a synthesis of data from a series of studies and on a review of reports of conflict resolution innovations, the paper shows how conventional procedures for resolving collective disputes and individual employment grievances had become almost standard by the 1980s, while a series of ADR practices became features of conflict resolution from the 1990s. The changing character of conflict resolution procedures and practices is attributed to a series of influences that include the professionalisation of personnel and human resource management, the changing pattern and context of workplace conflict, the growing importance of multinational firms, and the emergence of professional training and expertise in the provision of ADR support services. The paper projects a continuing rise in the incidence and use of ADR practices but questions the extent to which organisations in Ireland are likely to adopt conflict management systems based on integrated sets of conflict resolution practices.

  1. CONFIGURING THE ROLE OF THE UNITED NATIONS SECRETARYGENERAL IN THE PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES. RELATIONS WITH THE SECURITY COUNCIL AND THE GENERAL ASSEMBLY

    Directory of Open Access Journals (Sweden)

    OANA-ADRIANA IACOB

    2012-05-01

    Full Text Available In an international context embracing the idealist concepts of harmony, cooperation, structural peace, illegality of war, the United Nations Organization has created a system of peaceful settlement of disputes, based on principles of justice and international law. In this framework, the organs bearing the responsibility of peaceful resolution of conflicts are the International Court of Justice, the Security Council, the General Assembly and the Secretary-General. The latter has a unique position, triggering a spectacular evolution of its role in the maintenance of international peace and security. The challenges of the international environment and the outstanding ways in which they were addressed by the distinctive personalities that filled the function of the Secretary General, creating precedents and influencing its future development, have led to a continuous enlargement of its role. The purpose of the present paper is that of defining the role of the Secretary-General in the system of peaceful settlement of international disputes created by the United Nations, by analysing the relevant provisions consecrated in the Charter and by revealing and explaining the outstanding evolution of this institution, with an emphasis on the relations of mutual influence between the High Official, on one side, the Security Council and the General Assembly, on the other.

  2. 20 CFR 411.650 - Is there a process for resolving disputes between ENs that are not State VR agencies and PMs...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there a process for resolving disputes between ENs that are not State VR agencies and PMs, other than disputes on a payment request? 411.650... Managers § 411.650 Is there a process for resolving disputes between ENs that are not State VR agencies and...

  3. 36 CFR 251.103 - Mediation of term grazing permit disputes.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Mediation of term grazing... Lands § 251.103 Mediation of term grazing permit disputes. (a) Decisions subject to mediation. In those States with Department of Agriculture certified mediation programs, any holder of a term grazing...

  4. Parental Alienation Syndrome vs. Parental Alienation: Which Diagnosis Should Evaluators Use in Child-Custody Disputes?

    Science.gov (United States)

    Gardner, Richard A.

    2002-01-01

    The purpose of this article is to elucidate the sources of controversy between the use of the terms Parental Alienation Syndrome and Parental Alienation and to delineate the advantages and disadvantages of using either term in the context of child-custody disputes. It concludes that families are best served when the more specific term, Parental…

  5. Farmers' Laws and Irrigation, Water Rights and Dispute Management in the Hills of Nepal

    NARCIS (Netherlands)

    Poudel, R.

    2000-01-01

    The title of my Thesis is "Farmers' Laws and Irrigation: Water Rights and Dispute Management in the Hills of Nepal". This is based on a research I conducted in the Thulotar Kulo irrigation system in Nepal, during 1997 and 1998. Thulotar Kulo is a farmer-managed irrigation system.Although this is a c

  6. 75 FR 6570 - Rules of Practice in Proceedings Relative to Mail Disputes

    Science.gov (United States)

    2010-02-10

    ... From the Federal Register Online via the Government Publishing Office POSTAL SERVICE 39 CFR Part 965 Rules of Practice in Proceedings Relative to Mail Disputes AGENCY: Postal Service. ACTION: Final rule. SUMMARY: This document revises the rules of practice of the Postal Service's Office of the...

  7. 77 FR 37948 - Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Lists for...

    Science.gov (United States)

    2012-06-25

    ... TRADE REPRESENTATIVE Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Lists for U.S. Free Trade Agreements (FTAs) With Australia, Colombia, Korea, Morocco, and... United States-Australia Free Trade Agreement (``USAFTA''), the United States-Colombia Trade Promotion...

  8. Regulation of Television Advertising to Children: The Policy Dispute in Its Second Decade.

    Science.gov (United States)

    Goff, David H.; Goff, Linda Dysart

    1982-01-01

    Traces the children's television advertising policy dispute from 1970 to the termination of its most recent phase by the Federal Trade Commission in 1981. Suggests that concerned groups might have more impact on children's advertising policy by working outside the regulatory administrative process. (PD)

  9. 77 FR 23539 - WTO Dispute Settlement Proceeding Regarding European Communities and Certain Member States...

    Science.gov (United States)

    2012-04-19

    ... the meaning of Articles 1 and 2 of the Agreement on Subsidies and Countervailing Measures (``SCM... obligations under the SCM Agreement. On December 1, 2011, the EU transmitted a document (``EU Notification... resolve the dispute. Article 7.8 of the SCM Agreement provides that a Member found to maintain...

  10. Graves, Ancestors and Cement in Land disputes in Acholi and Ikland, Uganda

    DEFF Research Database (Denmark)

    Meinert, Lotte; Willerslev, Rane; Seebach, Sophie Hooge

    2017-01-01

    The paper explores the roles of graves, ancestors and concrete pillars in disputes over land across different land-systems, -conflicts, and territory making in northern Uganda by comparing extended cases between Acholi in Gulu district and Ik in Kaabong district . In the post-conflict Acholi region...

  11. 77 FR 61818 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties...

    Science.gov (United States)

    2012-10-11

    ... From the Federal Register Online via the Government Publishing Office ] OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States--Anti- Dumping and...-dumping and countervailing duties on certain automobiles from the United States. That request may be...

  12. 76 FR 52045 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Diamond...

    Science.gov (United States)

    2011-08-19

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures... (``WTO Agreement'') concerning anti-dumping measures regarding diamond sawblades and parts thereof from... request dated February 28, 2001 regarding anti-dumping measures on certain frozen warmwater shrimp...

  13. 77 FR 19745 - WTO Dispute Settlement Proceeding Regarding United States; Anti-Dumping Measures on Certain...

    Science.gov (United States)

    2012-04-02

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States; Anti- Dumping Measures... order would be likely to lead to the continuation or recurrence of dumping, Certain Frozen Warmwater... methodology for determining margins of dumping in administrative reviews; (8) the practice of...

  14. The Ghana-La Côte D'Ivoire maritime boundary dispute

    African Journals Online (AJOL)

    2008-11-13

    Nov 13, 2008 ... The international boundaries of West African states were defined during the ... law that would be applied in determining the maritime boundaries of Ghana ...... The public interest in the dispute necessitated an explanation of the principles applicable in ... “Ghana, Cote d' Ivoire for arbitration over maritime.

  15. 12 CFR 367.15 - Additional proceedings as to disputed material facts.

    Science.gov (United States)

    2010-01-01

    ... facts. 367.15 Section 367.15 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION REGULATIONS AND... Additional proceedings as to disputed material facts. (a) In actions not based upon a conviction or civil... facts material to the proposed suspension and/or exclusion, the contractor shall be afforded...

  16. 45 CFR 1641.21 - Additional proceedings as to disputed material facts.

    Science.gov (United States)

    2010-10-01

    ... facts. 1641.21 Section 1641.21 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL... proceedings as to disputed material facts. (a) In actions not based upon a conviction or civil judgment under... of material fact, the IPA shall be afforded an opportunity to appear (with counsel, if...

  17. 45 CFR 1641.10 - Additional proceedings as to disputed material facts.

    Science.gov (United States)

    2010-10-01

    ... facts. 1641.10 Section 1641.10 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL... proceedings as to disputed material facts. (a) In actions not based upon a conviction or civil judgment under... of material fact, the IPA shall be afforded an opportunity to appear (with counsel, if...

  18. 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 considerat

  19. 29 CFR 25.3 - Requests for nomination of arbitrators: Filing, disputes, parties, time.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Requests for nomination of arbitrators: Filing, disputes... ARBITRATORS UNDER SECTION 11 OF EXECUTIVE ORDER 10988 § 25.3 Requests for nomination of arbitrators: Filing... entertain on its merits a request by an employee organization for nomination of an arbitrator on a...

  20. 77 FR 33015 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-06-04

    ... Livestock Act, most recently S.O 1663(E), which was published in the Gazette of India on July 19, 2011, and... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding India--Measures Concerning the... the Government of India (``India'') concerning measures imposed by India on the importation of...

  1. At University of Chicago, Dispute over Friedman Center Continues to Simmer

    Science.gov (United States)

    Glenn, David

    2008-01-01

    This article reports on the dispute about the creation of an institute named for the late economist and free-market advocate Milton Friedman at the University of Chicago. Five months after the University of Chicago announced plans to invest $200-million in an economics institute named for the late Milton Friedman, the project is still generating…

  2. Positive and Disputable Consequences of Connecting Science and Education with Labour Market within New Polish Reality

    Science.gov (United States)

    Wiatrowski, Zygmunt

    2014-01-01

    The problem of positive and disputable consequences of connecting science and education with labour market within new Polish reality has been analyzed. The dominant determinants of contemporary civilization development namely science, education and labour have been stressed. Tasks of pedagogical sciences have been outlined among which are…

  3. 南海争端演变的历史回顾与现实考察%ON INVESTIGATION AND REVIEW OF THE DISPUTE DEVELOPMENT IN THE SOUTH CHINA SEA

    Institute of Scientific and Technical Information of China (English)

    张连福

    2012-01-01

    南海争端究其本质是中国在南海的岛屿主权与海洋权益受到别国的侵犯。争端源起于近代,历经三个阶段,至今已两百余年。近代以来,西方列强屡次侵犯中国南海,揭开了争端的序幕。冷战期间,东南亚有关国家在南沙占领岛礁、分割海域、掠夺资源,导致了争端的激化。冷战结束后,美日印饿等域外大国积极介入,加剧了争端的升温。面对错综复杂的南海局势,中国需要采取更加积极主动的有效措施以坚决维护南海的岛屿主权与海洋权益。%The nature of the South China Sea dispute was that the islands sovereignty rights and maritime interests were violated by other countries. The South China Sea dispute originated in modern times and was divided into three stages over two hundred years. Invasion of the South China Sea by modern western powers had opened the prelude of the South China Sea dispute. During the Cold War, the countries in Southeast Asia invaded islands ,segmentation seas and plundering resources in Nansha, which had caused the sharpening of the South China Sea dispute. After the Cold War, the extraterritorial countries such as US,Japan,India and Russia have actively involved in the South China Sea dispute which has aggravated the warming of the South China Sea dispute. Facing of the complicated situation in the South China Sea, China needs to take more proactive and effective measures to resolutely safeguard the island s sovereignty and maritime rights and interests in the South China Sea.

  4. Microsphere Super-resolution Imaging

    CERN Document Server

    Wang, Zengbo

    2015-01-01

    Recently, it was discovered that microsphere can generate super-resolution focusing beyond diffraction limit. This has led to the development of an exciting super-resolution imaging technique -microsphere nanoscopy- that features a record resolution of 50 nm under white lights. Different samples have been directly imaged in high resolution and real time without labelling, including both non-biological (nano devices, structures and materials) and biological (subcellular details, viruses) samples. This chapter reviews the technique, which covers its background, fundamentals, experiments, mechanisms as well as the future outlook.

  5. Conflict management for managers resolving workplace, client, and policy disputes

    CERN Document Server

    Raines, Susan S

    2013-01-01

    "Raines masterfully blends the latest empirical research on workplace conflict with practical knowledge, skills, and tools to effectively manage and prevent a wide range of conflict episodes. This is a highly applicable 'top shelf book' that will assist anyone from the aspiring manager to top level management and leadership in the public, private, and nonprofit sectors. It will also be a fast favorite of professors, trainers, and students of business and conflict management."- Brian Polkinghorn, Distinguished Professor, Center for Conflict Resolution, Salisbury University. "With her broad dis

  6. 危机管理视域下构建医疗纠纷防控机制的伦理学思考%Ethics Thinking on Construction of Medical Dispute Prevention and Control Mechanism Under the Perspective of Crisis Management

    Institute of Scientific and Technical Information of China (English)

    朱宏晋; 王晖

    2015-01-01

    Discussion on the construction of medical dispute prevention and control mechanism from the per -spective of crisis management and the ethical thinking are conducive to the effective prevention , control and solution of medical disputes .This can promote the healthy development of the doctor -patient relationship and has the im-portant value of ethics .At present , should strengthen the crisis management from the aspect of ethics to control medical disputes in the following aspects: establishing the medical dispute crisis -prevention mechanism by strengthening the training of medical staff′s medical ethics and medical skill;establishing the medical dispute crisis-resolution mechanism under the principle of respect for life and the patient first;establishing the medical dispute crisis assessment and post -processing mechanism around the idea of love , gratitude , and excellence development .%从危机管理视角出发,探讨构建医疗纠纷防控机制并进行伦理学思考,有利于医疗纠纷的有效防控、解决,进而推动医患关系良性发展,具有重要的伦理学价值。当前,应从以下伦理学层面加强危机管理以防控医疗纠纷:强化医护人员医德医术培训,构建医疗纠纷危机预控机制;坚持尊重生命、患者至上原则,构建医疗纠纷危机解决机制;围绕仁爱感恩、精进发展理念,构建医疗纠纷危机评估和后处理机制。

  7. Photovoltaic device

    Energy Technology Data Exchange (ETDEWEB)

    Reese, Jason A; Keenihan, James R; Gaston, Ryan S; Kauffmann, Keith L; Langmaid, Joseph A; Lopez, Leonardo; Maak, Kevin D; Mills, Michael E; Ramesh, Narayan; Teli, Samar R

    2017-03-21

    The present invention is premised upon an improved photovoltaic device ("PV device"), more particularly to an improved photovoltaic device with a multilayered photovoltaic cell assembly and a body portion joined at an interface region and including an intermediate layer, at least one interconnecting structural member, relieving feature, unique component geometry, or any combination thereof.

  8. Photovoltaic device

    Science.gov (United States)

    Reese, Jason A.; Keenihan, James R.; Gaston, Ryan S.; Kauffmann, Keith L.; Langmaid, Joseph A.; Lopez, Leonardo C.; Maak, Kevin D.; Mills, Michael E.; Ramesh, Narayan; Teli, Samar R.

    2015-06-02

    The present invention is premised upon an improved photovoltaic device ("PV device"), more particularly to an improved photovoltaic device with a multilayered photovoltaic cell assembly and a body portion joined at an interface region and including an intermediate layer, at least one interconnecting structural member, relieving feature, unique component geometry, or any combination thereof.

  9. Concentration device

    DEFF Research Database (Denmark)

    2013-01-01

    A concentration device (2) for filter filtration concentration of particles (4) from a volume of a fluid (6). The concentration device (2) comprises a filter (8) configured to filter particles (4) of a predefined size in the volume of the fluid (6). The concentration device (2) comprises...

  10. Photovoltaic device

    Science.gov (United States)

    Reese, Jason A.; Keenihan, James R.; Gaston, Ryan S.; Kauffmann, Keith L.; Langmaid, Joseph A.; Lopez, Leonardo C.; Maak, Kevin D.; Mills, Michael E.; Ramesh, Narayan; Teli, Samar R.

    2015-09-01

    The present invention is premised upon an improved photovoltaic device ("PV device"), more particularly to an improved photovoltaic device (10) with a multilayered photovoltaic cell assembly (100) and a body portion (200) joined at an interface region (410) and including an intermediate layer (500), at least one interconnecting structural member (1500), relieving feature (2500), unique component geometry, or any combination thereof.

  11. Microfluidic Device

    Science.gov (United States)

    Tai, Yu-Chong (Inventor); Zheng, Siyang (Inventor); Lin, Jeffrey Chun-Hui (Inventor); Kasdan, Harvey L. (Inventor)

    2017-01-01

    Described herein are particular embodiments relating to a microfluidic device that may be utilized for cell sensing, counting, and/or sorting. Particular aspects relate to a microfabricated device that is capable of differentiating single cell types from dense cell populations. One particular embodiment relates a device and methods of using the same for sensing, counting, and/or sorting leukocytes from whole, undiluted blood samples.

  12. 76 FR 68809 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2011-11-07

    ... Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures on Certain Shrimp and... investigation concerning certain frozen and canned warmwater shrimp from China (69 FR 70997). On February 1...

  13. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-09-21

    ... instruments for resolving both business to business and business to consumer cross-border electronic commerce... cross-border electronic commerce disputes, along with separate legal instruments that may take the...

  14. Diaspora, dispute and diffusion: bringing professional values to the punitive culture of the Poor Law.

    Science.gov (United States)

    Kirby, Stephanie

    2004-09-01

    From the 1870s to the 1920s Poor Law institutions in England developed from destinations of last resort to significant providers of health-care. As part of this process a general professionalisation of Poor Law work took place. The change was facilitated by wider social, philosophical and political influences in nineteenth century England. The introduction of trained nurses into the Poor Law was part of a diaspora of both ideas and people from voluntary institutions and organisations. Unrecognised in 1834, nurses eventually became the most numerous class of workhouse officers. This was not accomplished without dispute and acrimony. As a group and as individuals nurses were often at the centre of disputes. Utilising a social history framework and drawing on contemporary written sources, including Poor Law and nursing journals, this paper highlights the role played by Poor Law nurses in the diffusion of values and attitudes that helped to transform the workhouse regime from one of punishment to therapy.

  15. Make her a virgin again: when medical disputes about minors are cultural clashes.

    Science.gov (United States)

    Kopelman, Loretta M

    2014-02-01

    Recalcitrant disputes among health care providers and patients or their families may signal deep cultural differences about what interventions are needed or about clinicians's professional duties. These issues arose in relation to a mother's request for hymenoplasty or revirgination for her minor daughter to enable an overseas, forced marriage and protect her from an honor killing. The American College of Obstetrics and Gynecology committee recommends against members performing a hymenoplasty or other female genital cosmetic surgeries due to a lack of data concerning their safety and efficacy. A key issue in such cases is how to determine what is in the minor's best interest and the scope of health care moral or professional's duties. The Best Interests Standard can serve as a powerful moral tool for resolving cross-cultural disputes and identifying needed policy.

  16. The Party Members’ Court: judicial control over intraparty disputes in Mexico

    Directory of Open Access Journals (Sweden)

    Javier MARTÍN REYES

    2013-01-01

    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.

  17. Human Resources Department: report on the settlement of disputes and discipline

    CERN Multimedia

    HR Department

    2016-01-01

    The 2015 Annual Report from the Human Resources Department concerning the settlement of disputes and discipline under Chapter VI of the Staff Rules and Regulations.   Introduction The 2015 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report: cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken. Requests for Review and Internal Appeals Under Article S VI 1.01 of the Staff Rules, members of the personnel may challenge an administrative decision by the Director-General where it adversely affects the conditions of employment or association that derive from their contract or from the Staff Rules and Regulations. If permitted by the Staff Rules and Regulations, a decision may be challenged internally within the Organization: through a review procedure; or ...

  18. A Critical Discourse Analysis of News Reports Concerning Huang Yan Island Dispute

    Institute of Scientific and Technical Information of China (English)

    朱倩

    2014-01-01

    To find out different discourse features of these two different news reports and different ideologies reflected in the these two news reporting, Fairclough’s three-dimensional model of critical discourse analysis is adopted as the basic theoretical framework. And a contrastive analysis of news reports concerned with Huang Yan Island dispute from Reuters and Xinhua is car⁃ried out. The data of this article is collected from the official website of Reuters and Xinhua respectively, including one news re⁃port on Huang Yan island dispute from Reuters and two news reports from Xinhua. By comparing and analyzing the news re⁃sources reporting mode, the hidden political, historical and cultural ideologies behind the news discourse can be exposed. And Fairclough’s three-dimensional model of critical discourse analysis is an useful tool for interpreting the news reports to explore the hidden ideology.

  19. The Power of the Capability Constraint: On Russia’s Strength in the Arctic Territorial Dispute

    Directory of Open Access Journals (Sweden)

    Valko Irina

    2016-04-01

    Full Text Available Based on a geographical-administrative definition of the region, the theoretical assumptions of contemporary French structuralist geopolitics, cross-sectional data for 1990, 1995, 2000, 2005 and 2010 from the Updated Arctic Regional Attributes Dataset, and the technical capabilities of MS Office Excel 2010, this research (a reveals and contrasts the Arctic states’ capability constraints deriving from their longitudinal material and virtual power potential (physical potential, socio-economic potential, military potential, and symbolic potential; and (b analyses the role of this constraint in the process of preference formation in case of one specific Arctic actor, Russia, in the Arctic territorial dispute. This study confirms that Russia’s capability constraint is the lowest in the region and that the latter does not form a stable trend throughout the period studied. It also suggests the preference formation framework for Russia in the Arctic dispute based on the evolution of its polar capability constraint.

  20. The disputation of the astronomer Christoph Scheiner (German Title: Die Disputatio des Astronomen Christoph Scheiner)

    Science.gov (United States)

    Daxecker, Franz

    The newly found print "Theses Theologicae" is Christoph Scheiner's disputation, which took place on June 30, 1609. The title page contains Scheiner's name, presenting him as the author who is responsible for (respondente) 50 theses. The theses deal with the Summa theologica of Saint Thomas Aquinas: Nature of God, Creation, Morality, Canon Law, Grace, Faith, Justice, Devotion to Godd and the Saints, Divine Word and Sacraments.

  1. 77 FR 2119 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duty Measures...

    Science.gov (United States)

    2012-01-13

    ... From the Federal Register Online via the Government Publishing Office OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping and Countervailing... Anti-dumping Agreement; Articles 10, 12.3, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 19.4,...

  2. 專利爭議之國際仲裁 International Arbitration of Patent Disputes

    Directory of Open Access Journals (Sweden)

    伍偉華 Wei-Hua Wu

    2012-06-01

    Full Text Available 本文探討以國際仲裁方式解決專利爭議問題。首先,本文自公共政策之角度,探討專利有效性之可仲裁性,關鍵在於是否及在何種程度內,專利有效性之爭議,得由國際商務仲裁之方式予以解決。其次,本文提供若干策略上之建議,供企業內之決策人士參考,以決定何時選擇以仲裁方式解決專利爭議為當。最後,本文將討論如何選定專利仲裁之地點及仲裁準據法供參。 This paper discusses the concept of using international arbitration as a method to resolve patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, and to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.

  3. The Current Situation in the South China Sea Dispute and Suggested Responses

    Institute of Scientific and Technical Information of China (English)

    Li Jinming

    2012-01-01

    Tensions have been rising over the South China Sea issue in the last year. The return of the U.S. to the Asia-Pacific region has exacerbated the South China Sea dispute. This shift in U.S. strategy has seen concentrations of its land, sea and air forces in the region, in order to strengthen military ties with allies such as Japan, South Korea, Australia and the Philippines, with the clear purpose of containing China.

  4. Nationalism: the media, state, and public in the Senkaku/Diaoyu dispute

    OpenAIRE

    2015-01-01

    Approved for public release; distribution is unlimited Since diplomatic normalization in 1972, Sino-Japan relations have hit a new low due to escalating military and diplomatic confrontation around the islands in the East China Sea, known as the Senkaku in Japan and the Diaoyu in China. Through a comparative media analysis of the dispute, this thesis considers the extent to which China and Japan are instrumentally influencing nationalist rhetoric in the media in order to advance state inte...

  5. Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress

    Science.gov (United States)

    2014-06-06

    Cambodia, Canada, Chile , France, Indonesia, Japan, Malaysia, New Zealand, Papua New Guinea, People’s Republic of China, Philippines, Republic of...ASEAN-centered architecture .... At the G-7 summit in Brussels in June, President Obama should propose to include language in the summit’s joint... Heritage Foundation, April 24, 2014 (Backgrounder No. 2908), pp. 1, 11-13. Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China

  6. The U.S. Imperative on the Senkaku/Diaoyu Territorial Dispute

    Science.gov (United States)

    2013-03-01

    adviser to Prime Minister Shinzo Abe on foreign policy warned that seeking competing partnerships in ASEAN may have unintentional consequences. China...and two 3,000 ton cutters.58 Moreover, Prime Minister Shinzo Abe plans to increase military spending to strengthen its military power to defend...the 1978 Chinese-Japanese agreement to indefinitely shelve the Senkaku/Diaoyu dispute. In response to China’s new position, Prime Minister Abe

  7. The Impact of Labor Disputes on the Fabric of French Society From 1950 to the Mid-80's0

    OpenAIRE

    Borrel, Monique

    1992-01-01

    The theoretical and empirical model presented here aims to demonstrate that strikes played a key role in social and political changes that reshaped French society from 1950 to the mid-80's. This model is based on the differentation between 3 categories of strikes: localized disputes, strike waves and generalized disputes, and national action days, whose determinants and impact on the fabric of French society were significantly different.

  8. Law applicable to merits of the arbitration dispute (an overview of the English, Swiss and French arbitration laws)

    OpenAIRE

    Athanasakis, Dimitrios

    2008-01-01

    Due to the plethora of international elements of a contract to arbitrate, i.e. nationalities of the parties, nature of the transaction and the legal background of the arbitrator, questions of law applicable to the substance of the dispute are always at stake. In the course of arbitral proceedings, issues of law applicable to the arbitral dispute are raised after a concise examination of the law applicable to the arbitration agreement, namely whether the parties have consented to arbitrate the...

  9. Resolution propositions; Proposition de resolution

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2003-05-01

    To put a resolution to the meeting in relation with the use of weapons made of depleted uranium is the purpose of this text. The situation of the use of depleted uranium by France during the Gulf war and other recent conflicts will be established. This resolution will give the most strict recommendations face to the eventual sanitary and environmental risks in the use of these kind of weapons. (N.C.)

  10. On the issue of the possible application of the mediation institution in tax disputes

    Directory of Open Access Journals (Sweden)

    Olga A. Abakumova

    2015-12-01

    Full Text Available Objective to justify the necessity to use mediation in tax disputes. Methods the research is based on the dialectic method of cognition of mediation institution as a sociolegal phenomenon in development. The methodology of the research is general scientific methods induction and deduction hypothesis generalization abstraction formalization analogy historical approach system approach system analysis modeling logicallinguistic method etc.. Results the benefits of mediation in tax disputes for both parties the state and the taxpayer were determined it is concluded that the use of mediation in tax disputes settlement is an effective means to prevent the increase of the number of court cases and as a consequence contributes to the quality of justice. For greater efficiency of settling cases arising from tax legal relations specific recommendations are proposed for the introduction of mediation the necessity is grounded to prepare its due normativelegal regulation. Scientific novelty the article considers the features of mediation institution functioning in the Russian Federation and new trends in the development of this institution. Practical significance the main provisions and conclusions of the article can be used in research and teaching in addressing issues of mediation. nbsp

  11. J. B. S. Haldane, Ernst Mayr and the Beanbag genetics dispute.

    Science.gov (United States)

    Rao, Veena; Nanjundiah, Vidyanand

    2011-01-01

    Starting from the early decades of the twentieth century, evolutionary biology began to acquire mathematical overtones. This took place via the development of a set of models in which the Darwinian picture of evolution was shown to be consistent with the laws of heredity discovered by Mendel. The models, which came to be elaborated over the years, define a field of study known as population genetics. Population genetics is generally looked upon as an essential component of modern evolutionary theory. This article deals with a famous dispute between J. B. S. Haldane, one of the founders of population genetics, and Ernst Mayr, a major contributor to the way we understand evolution. The philosophical undercurrents of the dispute remain relevant today. Mayr and Haldane agreed that genetics provided a broad explanatory framework for explaining how evolution took place but differed over the relevance of the mathematical models that sought to underpin that framework. The dispute began with a fundamental issue raised by Mayr in 1959: in terms of understanding evolution, did population genetics contribute anything beyond the obvious? Haldane's response came just before his death in 1964. It contained a spirited defense, not just of population genetics, but also of the motivations that lie behind mathematical modelling in biology. While the difference of opinion persisted and was not glossed over, the two continued to maintain cordial personal relations.

  12. Transboundary water conflict resolution mechanisms: toward convergence between theory and practice

    Science.gov (United States)

    Tayia, Ahmed; Madani, Kaveh

    2016-04-01

    Transboundary waters are expected be one of the biggest challenges for human development over the next decades. The growing global water scarcity and interdependence among water-sharing countries have created tensions over shared water resources around the world. Therefore, interest in studying transboundary water conflict resolution has grown over the last decades. This research focuses on transboundary water resources conflict resolution mechanisms. A more a specific concern is to explore the mechanisms of allocating of transboundary water resources among riparian states. The literature of transboundary water resources conflict has brought various approaches for allocating of transboundary water resources among riparian countries. Some of these approaches have focused on the negotiation process, such the Alternative Dispute Resolution (ADR). Other approaches have analysed the economic dimension of transboundary water disputes, in an attempt to identify optimal economic criteria for water allocation, such as the "social planner" approach and the "water market" approach. A more comprehensive approach has been provided by game theory that has brought together the economic and political dimensions of the water dispute management. The study attempts to provide a map for the relation between theory and practice in the field of transboundary water conflict resolution. Therefore, it explores the approaches that have been used to analyse real transboundary water disputes management. Moreover, it examines the approaches that have been suggested in literature as mechanisms of transboundary water conflict resolution. Finally, it identifies the techniques that have been used in practice to solve transboundary water conflicts and attempts to evaluate the sustainability of the resulting regulatory institutional arrangements.

  13. 论社会冲突型行政争议的实质性审判程序%On Substantial Judicial Procedure of Administrative Dispute Resulting From Social Conlfict

    Institute of Scientific and Technical Information of China (English)

    高家伟

    2013-01-01

    Aiming at the judicial policy orientation of the substantial resolution of the administrative dispute, the article tries to integrate the group litigation procedure and the conciliation system to design a set of litigation and reconciliation procedure mechanism specially for the administrative dispute resulting from social conlficts. These disputes own the characteristics of comprehensive openness subject, polybasic interweaving interest relationship, complexity of reason structures. To substantially solve this kind of disputes, the reviewing content of the litigated administrative behavior legitimacy should be expanded gradually from pure legitimacy norms to the rationality of the governmental inner system, the justification of governmental public policy, and the balance of social structure, etc. Therefore, it is necessary to design a specific group litigation and reconciliation procedure aiming at administrative disputes resulting from social conlficts based on principles of judicial activism, procedural corporatism and judicial finalism. The article puts forward suggestions of formulating relevant judicial interpretations as soon as possible in the end.%社会冲突型行政争议具有主体范围的广泛开放性、利益关系的多元交织性、原因结构的错综复杂性等特征。为了实质性地解决此类争议,需要将对被诉行政行为合法性的审查内容从单纯的规范合法性审查逐步扩展到对政府内部体制的合理性、政府公共政策的正当性、社会结构的均衡性等层面的审查。为此,有必要本着司法能动主义、程序合作主义和司法最终主义三个原则,设计一个专门针对社会冲突型行政争议的集团诉讼调解程序。

  14. Methods of making microfluidic devices

    KAUST Repository

    Buttner, Ulrich

    2017-06-01

    Microfluidics has advanced in terms of designs and structures, however, fabrication methods are either time consuming or expensive to produce, in terms of the facilities and equipment needed. A fast and economically viable method is provided to allow, for example, research groups to have access to microfluidic fabrication. Unlike most fabrication methods, a method is provided to fabricate a microfluidic device in one step. In an embodiment, a resolution of 50 micrometers was achieved by using maskless high-resolution digital light projection (MDLP). Bonding and channel fabrication of complex or simple structures can be rapidly incorporated to fabricate the microfluidic devices.

  15. Alternative Dispute Resolution in Africa: Preventing Conflict and Enhancing Stability (Africa Security Brief, Number 16, November 2011)

    Science.gov (United States)

    2011-11-01

    easier for one to pass through the mouth of a lion than go through the . . . legal system .” These lengthy delays, in turn, open the court system to...reflects the “in-between” state of African justice structures. The formal legal system is overloaded and cannot provide timely and effective...between the formal legal system and traditional modes of Afri- can justice. The institutionalization of ADR in Afri- can legal systems should also bolster

  16. The Failure of Legalization in Education: Alternative Dispute Resolution and the Education for All Handicapped Children Act of 1975.

    Science.gov (United States)

    Goldberg, Steven S.

    1989-01-01

    A federal statute provided that parents may use the judicial process to challenge educators' decisions. Describes the intent of legalization; how reaction to an adversarial system led to the use of mediation in most states; and why this alternative model is not appropriate for resolving education questions. (MLF)

  17. 42 CFR 414.917 - Dispute resolution and process for suspension or termination of approved CAP contract and...

    Science.gov (United States)

    2010-10-01

    ... address the issue first through the approved CAP vendor's grievance process, and second through an... participating CAP physician may use the approved CAP vendor's grievance process. If the service or quality..., forward the issue to the approved CAP vendor's grievance process within 1 business day of the receipt...

  18. [Ecological Dispute Resolution Agreement and Guidelines for Evaluating Biota Criteria and Biomagnification Factors, Part 2 : Rocky Mountain Arsenal : 1993

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — This document contains a draft version of 'Guidelines for Evaluating Biota Criteria and Biomagnification Factors Part 2' and an 'Integrated Endangerment...

  19. 英国知识产权审判体系%The Judicial System for Intellectual Property Disputes in the UK

    Institute of Scientific and Technical Information of China (English)

    黄晓稣; 陈静怡

    2015-01-01

    Over the last few decades, the United Kingdom (UK) successfully established specialized courts on intellectual property (IP) related matters. With several judicial reforms, the court system for IP disputes was increasingly improved and become comparatively advanced. Patents Court and Intellectual Property Enterprise Court are two of the representative IP courts which are part of the Chancery Division of the High Court, with jurisdiction over the first-instance civil and administrative litigation regarding all forms of IP. In addition, the Uniifed Patent Court, Appointed Person, Copyright Tribunal, Alternative Dispute Resolution is also crucial parts of the UK’s Judicial system for IP disputes. In 2014, China establishes three new dedicated IP courts in Beijing, Shanghai and Guangzhou. Following this signiifcant legal reform on China’s judicial system for IP litigation, analyzing the evolution and successful experience in the UK has practical significance for the development of China’s IP courts.%英国是较早便开始对知识产权案件进行专业化审判的国家,发展至今,历经多次改革,已然是现今世界上知识产权审判体系较成熟的国家。其中,设置在高等法院大法官庭下的专利法庭和知识产权企业法庭是英国极具代表性的两个具有全国管辖权的知识产权法庭,负责审理大部分知识产权民事、行政的初审案件。此外,尚在筹建中的欧洲统一专利法院、“被指定人”、著作权审裁处以及替代解决纠纷机制,也都是英国知识产权审判体系的重要组成部分。2014年,我国在北京、上海、广州设立了知识产权法院,在这样一个改革试点的契机下,分析和借鉴英国知识产权审判体系的发展轨迹和成功经验对我国知识产权法院的建设具有现实意义。

  20. Conflict Resolution

    African Journals Online (AJOL)

    and shift the focus more to the social impact of growth ana away from growth .... Perspectives on, and approaches towards, conflict and conflict resolution .... transformation, and changes in values and ethical approaches (such as nepotism ... education, life expectancy, employment, childbirth survival and similar indica-.

  1. Ferroelectric devices

    CERN Document Server

    Uchino, Kenji

    2009-01-01

    Updating its bestselling predecessor, Ferroelectric Devices, Second Edition assesses the last decade of developments-and setbacks-in the commercialization of ferroelectricity. Field pioneer and esteemed author Uchino provides insight into why this relatively nascent and interdisciplinary process has failed so far without a systematic accumulation of fundamental knowledge regarding materials and device development.Filling the informational void, this collection of information reviews state-of-the-art research and development trends reflecting nano and optical technologies, environmental regulat

  2. 行政争议的扩大化与诉讼类型的构建%Expansion of Administrative Disputes and Construction of Litigation Types

    Institute of Scientific and Technical Information of China (English)

    龙凤钊

    2014-01-01

    解决争议是诉讼制度的根本,转型时期的社会矛盾突出背景下,行政争议的持续扩大,突显了行政违法问题的严重性。然而,我国行政诉讼制度的低能、缺位现状,使人不得不思考问题出在哪里,解决机制又当如何?在《行政诉讼法》修改之时,应从受案范围的扩大与诉讼类型制度的构建来提升行政诉讼的制度功能,构建动态、完整的司法程序,发挥司法审查的潜在功能,以此才能整体性地增强并整合行政救济制度的功能。%Dispute resolution is a key to litigation. In the social transformation period contradiction background, administrative disputes are continuing to expand, which highlights the seriousness of the problem of administrative violations. However, China’s administrative litigation system is inefficient and out of position, so people have to think about where the problem is, and how dose the settlement mechanism play its role? At the time of the modification of the Administrative Procedure Law, we should expand the scope of accepting cases and litigation type system to enhance the reconstruction of the system of administrative litigation, build dynamic and complete judicial process, and help the judicial review play the potential functions, so as to overall enhance and integrate administrative relief system functions.

  3. Aggressivity, violence, sociability and conflict resolution: What genes can tell us.

    OpenAIRE

    Bueno i Torrens, David, 1965-

    2010-01-01

    Conflicts are inherent to the human condition, as they are for all living beings. Disputes about resources or access to mating partners are among the most common causes of conflict. Conflict is herein defined as a struggle or contest between individuals or parties, and may involve a variety of aggressive behaviours. In humans, aggressiveness, violence and conflicts, including individual predisposal to conflict resolution, have traditionally been said to have deep cultural roots, but recent re...

  4. Giant magneto-resistance devices

    CERN Document Server

    Hirota, Eiichi; Inomata, Koichiro

    2002-01-01

    This book deals with the application of giant magneto-resistance (GMR) effects to electronic devices. It will appeal to engineers and graduate students in the fields of electronic devices and materials. The main subjects are magnetic sensors with high resolution and magnetic read heads with high sensitivity, required for hard-disk drives with recording densities of several gigabytes. Another important subject is novel magnetic random-access memories (MRAM) with non-volatile non-destructive and radiation-resistant characteristics. Other topics include future GMR devices based on bipolar spin transistors, spin field-effect transistors (FETs) and double-tunnel junctions.

  5. Modern technology in originality and authentication dispute on movable and detached artworks

    Science.gov (United States)

    Tornari, Vivi; Kouloumpi, Eleni; Koussiaki, Fotini

    2013-05-01

    Begin the abstract two lines below author names and addresses. The abstract summarizes key findings in the paper. It is a paragraph of 250 words or less. For the keywords, select up to 8 key terms for a search on your manuscript's subject. Precious artworks are in constant loan due to the increase demand for tour exhibitions around the globe. Archeological findings and historical parts of wallpaintings are detached and get into the route of a fraud market. Most of these detached art pieces are lost, destroyed or hidden by public view by anonymous collectors. The damage to the historical, cultural and aesthetic values is most of the times irreversible. Originality and authentication are essential properties in the identification of movable artworks provoking dispute and fraud actions endangering the long-lasting public approach to the precious but disputed works of art. Scientific community and technology developments are implemented in the battle against fraud and misinterpretation of origin through systematic and material classified studies. European projects have influenced and provoked intense research in this fragile field of modern technology applications and recent results are presented. Investigation protocols and classification needed for the standardization of valuation of these critical properties comprise an intense field of research embraced with international interest. In this paper it is presented long-lasting research effort with photonic technologies to bridge the results with the conventional means and the conservation expert opinion aiding to the identification and ensuring the origin of a masterpiece. Results from laboratory investigation and characteristic examples of paintings faced with the dispute of their authentication are given.

  6. Dynamics and Structure of Dispute in Open Group of Facebook Social Networking Service in Terms of Teenagers’ Homosexual Relations Education

    Directory of Open Access Journals (Sweden)

    Sergei V. Kharitonov

    2014-05-01

    Full Text Available The article considers the results of discussions in the group of Facebook social networking service, dealing with the problem of teenagers’ homosexual relations education. The goal of the research is to study the dynamics of the dispute in Facebook social networking service on the example of the closed group “Teenagers’ Sexual Orientation”. As a whole, 72 people participated in the discussion, involving both representatives, sharing the views of the LGBT community, concerning homosexual relations and teenagers’ heterosexual parents. As a result of the dispute, conducted within Facebook website 230 comments were left. Resulting from the content analysis of the message texts, the estimation of a number of parameters was made. The estimation showed that the parties of the virtual discussion are in deficit of decisions in terms of virtual disputes conduct. The declared wish to argue out doesn’t lead to the real activity, relevant to evidence-based disputes. Thus, we can consider that the participants of the virtual discussion are in deficit of the decisions in terms of virtual disputes conduct.

  7. Participation of a non-disputing party in arbitration and protection of the public interest before an ICSID Tribunal

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2012-01-01

    Full Text Available The paper discusses the need to protect the legitimacy of decision-making process in investment arbitration through public access to the proceedings. Unlike commercial arbitration, investment arbitration entails decisions on state responsibility for measures directed towards protection of environment, lives and health of its population or human rights. Presence of the public interest in such disputes brings under strong criticism a traditional characteristic of arbitration process - its confidentiality. The problem of democratic deficit of decision-making can be resolved, inter alia, by allowing persons who are not parties to the dispute to participate in the proceedings if they consider that their interest might be affected by arbitral award. The 2006 Arbitration Rules of International Centre for Settlement of Investment Disputes envisage, subject to approval of the Tribunal, the right of a non-disputing party to file a written submission with the Tribunal regarding a factual or legal issue connected with the subject matter of the dispute. However, without right of those entities to attend arbitral hearings and, more importantly, without their access to documents submitted during the proceedings, this is not by far enough to give 'friends of the court' a meaningful and significant role.

  8. [The dispute and prospect of sedation and analgesia treatments in outpatient dental procedures].

    Science.gov (United States)

    Cong, Yu

    2015-12-01

    The topic of eliminating the fear or pain of patients during dental therapy is gaining increasing attention from dentists across the country. The field of painless dental therapeutics involves a wide range of subjects, including stomatology, anesthesiology, and hospital management. We summarized the characteristics of sedation and analgesia technology in outpatient oral therapy, reviewed the common sedative and analgesic treatments, and discussed the disputes on the use of sedation and analgesia in dental procedures. We also reviewed the trends and breakthroughs in this area on the basis of our own clinica experiences.

  9. [Ethical issues in a market dispute between clinical laboratories and a health plan: case report].

    Science.gov (United States)

    Pinheiro, Malone Santos; de Brito, Ana Maria Guedes; Jeraldo, Verônica de Lourdes Sierpe; Pinheiro, Kariny Souza

    2011-01-01

    In Brazil the private health plans appear as an alternative to the public health assistance. This segment suffered great intensification in the seventies and eighties, culminating in the entry of large insurance company in the scenario of supplementary medicine. Quickly, the service providers associated with these insurance companies, consolidating them in the market and triggering a relationship of dependency. This article analyzed, in the form of a case report, a marketing dispute between clinical laboratories and a health plan, emphasizing the moral and ethical aspects involved in this episode.

  10. Feasibility of a korean-japanese generational reconciliation regarding Dokdo/Takeshima territorial dispute

    Directory of Open Access Journals (Sweden)

    Carlos Alfonso Macías Valadez Elías

    2015-08-01

    Full Text Available The Dokdo/Takeshima sovereignty dispute has been from the beginning of 20th century a matter of controversy, tension and enmity between South Korea and Japan; which, undoubtedly, has gravely undermined the relationships between both nations. Concurrently, the abovementioned territorial struggle seems to reach a delicate phase causing a serious diplomatic confrontation between both countries, due to the fact that each one of them tries to defend its own interest. Nevertheless, it is possible that this issue could be solved eventually in a pacific way in the medium or long term with the imminent generational change. This statement shall be discussed in depth throughout this research.

  11. The gendered dynamics of power in disputes over the postseparation care of children.

    Science.gov (United States)

    Elizabeth, Vivienne; Gavey, Nicola; Tolmie, Julia

    2012-04-01

    A dichotomized picture of postseparation parents has emerged in family law that juxtaposes violent relationships with those that are "normal." Domestic violence scholars and advocates have played a role in reproducing this picture in their quest to secure protection for women and children. Although sympathetic, we argue this construction generates a number of problems: in particular, it obscures the gender power dynamics in relationships where women have not experienced violence. Interviews with separated mothers in dispute over contact arrangements reveal that there are significant continuities in the gender power dynamics they experience, despite differences in their exposure to male partner violence.

  12. An Investigation of the Legal Criteria Governing Differing Site Conditions Disputes on Construction Contracts

    Science.gov (United States)

    1989-12-01

    interpretation of the condition indicated? YESI - Was contrary info available frc7 a YES- c,,;rsory s-f-e pect4on? No Did the ac ual condition differ...situation in dispute? NO I Was the contractor’s bid based on the NO -or’s contract’s =indication? YESI Was the contrac NO damaged? YES Recovery is I...Type II ishe existing site condit4 YES I Did the contractor mak .77 NO reasonable site inspeCLIUrl.’ YESI -d the info reviewed lead the ccr ra, tor

  13. Method and system for dual resolution translation stage

    Science.gov (United States)

    Halpin, John Michael

    2014-04-22

    A dual resolution translation stage includes a stage assembly operable to receive an optical element and a low resolution adjustment device mechanically coupled to the stage assembly. The dual resolution stage also includes an adjustable pivot block mechanically coupled to the stage assembly. The adjustable pivot block includes a pivot shaft. The dual resolution stage further includes a lever arm mechanically coupled to the adjustable pivot block. The lever arm is operable to pivot about the pivot shaft. The dual resolution stage additionally includes a high resolution adjustment device mechanically coupled to the lever arm and the stage assembly.

  14. Ventricular assist device

    Science.gov (United States)

    VAD; RVAD; LVAD; BVAD; Right ventricular assist device; Left ventricular assist device; Biventricular assist device; Heart pump; Left ventricular assist system; LVAS; Implantable ventricular assist device

  15. Unary resolution

    DEFF Research Database (Denmark)

    Aubert, Clément; Bagnol, Marc; Seiller, Thomas

    2016-01-01

    of the cut-elimination procedure of linear logic known as the geometry of interaction . This framework is restricted to terms (logic programs, rewriting rules) using only unary symbols, and this restriction is shown to be complete for polynomial time computation by encoding pushdown automata. Soundness w......We give a characterization of deterministic polynomial time computation based on an algebraic structure called the resolution semiring, whose elements can be understood as logic programs or sets of rewriting rules over first-order terms. This construction stems from an interactive interpretation...

  16. Structural disputes

    Science.gov (United States)

    Donald, Athene

    2013-06-01

    In March this year, the author of a well-regarded science website was revealed to be - wait for it - a woman. The identification of Elise Andrew as the founder of the provocatively titled Facebook page "I Fucking Love Science" was greeted with astonishment, tinged in some cases with outrage.

  17. Separating device

    NARCIS (Netherlands)

    De Jong, T.P.R.

    2001-01-01

    A sorting device (1) suitable for sorting wire from a waste stream, comprising a body (2) that moves when in use, and provided with spikes or similar projections. The body is embodied as a rotatable roll (2), which oscillates axially during its rotation. The roll is coupled to an oscillation engine

  18. Detection device

    Science.gov (United States)

    Smith, J.E.

    1981-02-27

    The present invention is directed to a detection device comprising: (1) an entrance chamber; (2) a central chamber; and (3) an exit chamber. The central chamber includes an ionizing gas, anode, and means for connecting the anode with an external power supply and pulse counter.

  19. Assistive Devices

    Science.gov (United States)

    ... a number of assistive devices. These are tools, products or types of equipment that help you perform tasks and activities. They may help you move around, see, communicate, eat, or get dressed. Some are high-tech tools, such as computers. Others are much simpler, ...

  20. Printing Device

    NARCIS (Netherlands)

    Berg, van den M.J.; Markies, P.R.; Zuilhof, H.

    2014-01-01

    An ink jetprinting device includes a pressure chamber formed by a plurality of wall segments, a first aperture extending through a wall segment and communicating with an ink jet orifice and a second aperture extending through a wall segment and communicating with an ink supply duct. The pressure

  1. Electrochemical device

    Science.gov (United States)

    Grimes, Patrick G.; Einstein, Harry; Bellows, Richard J.

    1988-01-12

    A tunnel protected electrochemical device features channels fluidically communicating between manifold, tunnels and cells. The channels are designed to provide the most efficient use of auxiliary power. The channels have a greater hydraulic pressure drop and electrical resistance than the manifold. This will provide a design with the optimum auxiliary energy requirements.

  2. Printing Device

    NARCIS (Netherlands)

    Berg, van den M.J.; Markies, P.R.; Zuilhof, H.

    2014-01-01

    An ink jetprinting device includes a pressure chamber formed by a plurality of wall segments, a first aperture extending through a wall segment and communicating with an ink jet orifice and a second aperture extending through a wall segment and communicating with an ink supply duct. The pressure cha

  3. Balancing device

    NARCIS (Netherlands)

    Van Dorsser, W.D.; Herder, J.L.; Wisse B.M.; Barents, R.

    2007-01-01

    The invention relates to a balancing device for a mass, comprising an arm that is adjustable about a pivoting point and with which the mass is coupled, and an adjustable spring system that is coupled with the arm, which spring system comprises at least one spring, wherein the spring system comprises

  4. 法哲学视野下电视调解支持知识产权诉讼的价值解构%Deconstruction of the Value of TV Mediation Supporting Intellectual Property Disputes from the Angle of Philosophy of Law

    Institute of Scientific and Technical Information of China (English)

    郭宇燕

    2015-01-01

    In the report of the Third Plenary Session of the 18th CPC Central Committee, it is pointed out that a comprehensive resolution system is needed to be established to settle disputes.TV mediation, as a method to resolve dis-putes, plays positive role in this field and becomes popular in intellectual property disputes.The combination of TV media-tion and supporting-litigation principle for the resolution of intellectual property disputes is no doubt breaking a new ground for the protection of intellectual property, which has remarkably theoretical and practical value.In this case, the structural analysis about the value system of TV mediation and supporting-litigation principle will be greatly helpful for us to realize such objectice.%知识产权纠纷作为民事纠纷的一种,其处理机制体现出多元化的特点。将电视调解与支持起诉制度相结合来解决知识产权纠纷,对于知识产权保护而言无疑是开辟了一条新路径。电视调解支持知识产权诉讼是以目的价值体系为基础,由形式价值体系、价值测评标准体系、价值冲突及整合体系组成的结构系统。

  5. A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement.

    Science.gov (United States)

    Hawkins, Benjamin; Holden, Chris

    2016-10-01

    The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global "spaghetti bowl" of IIAs creates opportunities for corporations to venue shop; that is, to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues.

  6. Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2017-03-01

    Full Text Available The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.

  7. The role of symbolic capital in stakeholder disputes: decision-making concerning intractable wastes.

    Science.gov (United States)

    Benn, Suzanne; Jones, Richard

    2009-04-01

    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 government, environmentalists and the local community. The study describes the new processes and structures specifically designed to address the decision-making and the issues of stakeholder perception and identity construction which have influenced the outcomes. Decision-making in such disputes is often theorized from the perspective of the emergence of highly individualized and reflexive risk communities and changing modes and expectations of corporate responsibility as a result of detraditionalization. We argue that the stakeholder interaction in this study reflects competing discourses in which corporate actors prioritize the building and maintaining of identity and symbolic capital rather than an active collaboration to solve the ongoing issue of the waste. As well, issues of access to expert knowledge highlight the relationship between conditions of uncertainty, technoscientific expertise 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 demonstrates the co-existence of social processes of individualization and detraditionalization with quasi-traditions which maintain authority, thus challenging the radical distinctions made in the literature between modernity and late or reflexive modernity.

  8. Systematic Representation of Relationship Quality in Conflict and Dispute: for Construction Projects

    Directory of Open Access Journals (Sweden)

    Mostafa Babaeian Jelodar

    2015-03-01

    Full Text Available The construction industry needs to move towards more relational procurement procedures to reduce extensive losses of value and avoid conflicts and disputes. Despite this, the actual conceptualization and assessment of relationships during conflict and dispute incidents seem to be neglected. Via a review of literature, relationship quality is suggested as a systematic framework for construction projects. General system theory is applied and a framework consistent of four layers respectively labelled as triggering, antecedent, moderation and outcome is suggested. Two different case studies are undertaken to represent the systematic framework; which verifies that changes in contracting circumstances and built environment culture can affect the identified layers. Through system reliability theories a fault tree is derived to represent a systematic framework of relationship quality. The combinations of components, causes, and events for two case studies are mapped out through fault tree. By analysing the fault tree the combination of events that lead to relationship deterioration may be identified. Consequently the progression of simple events into failure is formulized and probabilities allocated. Accordingly the importance and the contribution of these events to failure become accessible. The ability to have such indications about relationship quality may help increase performance as well as sustainable procurement.  Paper Type: Research article

  9. High medical consultation rates of lead workers after industrial dispute over lead effects

    Energy Technology Data Exchange (ETDEWEB)

    Araki, S.; Murata, K.; Yanagihara, S.; Ushio, K.

    1982-02-01

    Medical consultation rates were compared between a group of lead workers and two groups of non-lead workers in a newspaper company where a serious industrial dispute took place over health effects of lead three years before this study. The comparison was also made within the group of lead workers. Maximal blood lead concentrations (PbBs) ranged from 0.1 ..mu..mol/kg to 3.6 ..mu..mol/kg with an average of 1.3 ..mu..mol/kg in the past three years. The consultation rate of lead workers was significantly higher than that of both the non-lead workers, when the number of workers who consulted physicians or dentists once or more for a year per 100 workers was compared. Disease-specific consultation rates were also higher in lead workers for seven categories of diseases and injuries such as hypertensive disease and peptic ulcers. When lead workers were divided into three groups by PbB or erythrocytes delta-aminolevulinic acid dehydratase (ALAD) levels, however, no significantly high rate was found in the higher PbB groups nor lower ALAD groups in terms of general and disease-specific consultation rates. It was concluded that the industrial dispute might have been a major cause of the high consultation rate of lead workers.

  10. Two Disputes Of Methods, Three Constructivisms, And Three Liberalisms. Part I

    Directory of Open Access Journals (Sweden)

    Vladimir Maksovich Yefimov

    2015-03-01

    Full Text Available The paper proposes to reconsider the methodology and history of economics radically, whether present day mainstream or heterodox versions of it. The profession of economists must definitely abandon Cartesian dualism and adopt Vygotskian constructivism. In fact constructivist economics already existed in the past and was cognitively very successful and socially very useful. It was the economics of Gustav Schmoller’s historico-ethical school and the institutionalist economics of John R. Commons, traditions of which are totally ignored by the contemporary community of economists. The former tradition was based on Dilthey’s hermeneutics and the latter on Peirce’s pragmatism. It is worth to underline that hermeneutics and pragmatism are both predecessors of Vygotskian constructivism. During the last two decades a lot was written by economists on pragmatist, constructivist and discursive approaches to the methodology and history of economics, but those who wrote on these topics viewed them from the dualistic point of view. My paper is an appeal to economists to reconsider Methodenstreit. The dispute of methods between Schmoller and Menger can be considered as a repetition of a similar dispute taking place more than two hundred years earlier between Robert Boyle and Thomas Hobbes. Schmoller-Menger dispute started soon after the beginning of the institutionalisation of experimentally-oriented economics which happened with the creation in 1873 of the Vereinfür Sozialpolitik. Boyle-Hobbes dispute started in 1660, when the Royal Society of London had been founded, the cradle of the institution of science. Schmoller was one of the creators of the Verein, and Boyle was one of the founders of the Royal Society. The activities of both societies were similar in several respects: they represented efforts to collect data, working out of detailed reports and collective evaluation of obtained results. For Hobbes, as for Menger, the model of ‘science’ was

  11. Maritime Territorial Disputes in East Asia: A Comparative Analysis of the South China Sea and the East China Sea

    Directory of Open Access Journals (Sweden)

    Andy Yee

    2011-01-01

    Full Text Available This article systematically compares maritime territorial disputes in the East and South China Seas. It draws on the bargaining model of war and hegemonic stability theory to track the record of conflicts and shifts in the relative power balances of the claimants, leading to the conclusion that certainty and stability have improved in the South China Sea, with the converse happening in the East China Sea. To enrich the models, this article also considers social factors (constructivism and arrives at the same conclusion. This calls for a differentiated methodological approach if we are to devise strategies to mediate and resolve these disputes.

  12. Ingush and the Chechen Republics: Sunzhensky District and Other Bordering Areas are Not a Subject For Disputes

    Directory of Open Access Journals (Sweden)

    Nikolai F. Bugai

    2012-12-01

    Full Text Available This article deals with the issues of interrelations between two republics. The key issue is a dispute over the Sunzhensky District. A step-by-step development of the issue over the years is shown. Unfortunately, the fact of personification in the state policy of two republics can be traced, and no attention is paid to the opinions of Ingush and Chechen people, and the Russians in the course of the years have lost their influence over the disputes between Ingush and The Chechen Republics.

  13. Gap Resolution

    Energy Technology Data Exchange (ETDEWEB)

    2017-04-25

    Gap Resolution is a software package that was developed to improve Newbler genome assemblies by automating the closure of sequence gaps caused by repetitive regions in the DNA. This is done by performing the follow steps:1) Identify and distribute the data for each gap in sub-projects. 2) Assemble the data associated with each sub-project using a secondary assembler, such as Newbler or PGA. 3) Determine if any gaps are closed after reassembly, and either design fakes (consensus of closed gap) for those that closed or lab experiments for those that require additional data. The software requires as input a genome assembly produce by the Newbler assembler provided by Roche and 454 data containing paired-end reads.

  14. Machismo as a Factor Affecting the Use of Power and Communication in the Managing of Personnel Disputes: Brazilian Versus American Men Managers.

    Science.gov (United States)

    Rossi, Ana M.; Todd-Mancillas, William R.

    Acknowledging that the Latin American cultural concept of "machismo" influences the way in which Brazilian managers tend to use authority rather than communication when resolving disputes with subordinates, a study compared Brazilian and American male managers' self-reported preferences for resolving disputes with employees and peer…

  15. 20 CFR 411.600 - Is there a process for resolving disputes between beneficiaries and ENs that are not State VR...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there a process for resolving disputes between beneficiaries and ENs that are not State VR agencies? 411.600 Section 411.600 Employees' Benefits... resolving disputes between beneficiaries and ENs that are not State VR agencies? Yes. After an IWP is signed...

  16. 42 CFR 137.147 - Do those portions of the compact, funding agreement, or amendment not in dispute go into effect?

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Do those portions of the compact, funding agreement, or amendment not in dispute go into effect? 137.147 Section 137.147 Public Health PUBLIC HEALTH... compact, funding agreement, or amendment not in dispute go into effect? Yes, subject to section 507(c)(1...

  17. "Distinvar" device

    CERN Multimedia

    CERN PhotoLab

    1965-01-01

    The alignment of one of the accelerator magnets being checked by the AR Division survey group. A "distinvar" device, invented by the group, using calibrated invar wires stretched between the fixed survey pillar (on the left) and a fixed point on the magnet. In two days it is thus possible to measure the alignment of the 100 magnets with an accuracy better than 1/10.

  18. Magnetohydrodynamic device

    Energy Technology Data Exchange (ETDEWEB)

    Gorlin, S.M.; Ljubimov, G.A.; Bitjurin, V.A.; Kovbasjuk, V.I.; Maximenko, V.I.; Medin, S.A.; Barshak, A.E.

    1979-12-25

    A magnetohydrodynamic device having a duct for a conducting gas to flow at an angle with the direction of the magnetic field induction vector is described. The duct is situated in the magnetic system and is provided with a plurality of electrodes adapted to interact electrically with the gas, whereas the cross-sectional shape of the duct working space is bounded by a closed contour formed by a curve inscribed into a rectangle. 1 claim.

  19. Assessing resolution in super-resolution imaging.

    Science.gov (United States)

    Demmerle, Justin; Wegel, Eva; Schermelleh, Lothar; Dobbie, Ian M

    2015-10-15

    Resolution is a central concept in all imaging fields, and particularly in optical microscopy, but it can be easily misinterpreted. The mathematical definition of optical resolution was codified by Abbe, and practically defined by the Rayleigh Criterion in the late 19th century. The limit of conventional resolution was also achieved in this period, and it was thought that fundamental constraints of physics prevented further increases in resolution. With the recent development of a range of super-resolution techniques, it is necessary to revisit the concept of optical resolution. Fundamental differences in super-resolution modalities mean that resolution is not a directly transferrable metric between techniques. This article considers the issues in resolution raised by these new technologies, and presents approaches for comparing resolution between different super-resolution methods.

  20. Working toward peace in the clinical setting: the role of clinical ethics in conflict resolution.

    Science.gov (United States)

    Orr, Robert D

    2002-01-01

    Ethics consultants or committees are often called into situations of conflict. What is their role in conflict resolution? What process should they use? What standards should they apply? The methods of alternative dispute resolution (negotiation, mediation and arbitration) provide a useful model for analysis of procedure, though they may not adequately describe all ethics consultations. Boundaries of acceptable standards may be gleaned from the precepts of medical ethics as well as from statutory and case law. In addition, the believer may obtain guidance from Scripture and prayer.

  1. Generalized Resolution and NC—Resolution

    Institute of Scientific and Technical Information of China (English)

    刘叙华; 孙吉贵

    1994-01-01

    The relation between generalized resolution and NC-resolution is discussed.The proof of the completeness of NC linear resolution is then given.The incompleteness of NC lock resolution is also presented,thus the conclusion in [3] of “a simple completeness-preserving restriction” is shown to be wrong.

  2. Electrooptical devices

    Science.gov (United States)

    Hurwitz, C. E.

    1980-03-01

    This report covers work carried out with support of the Department of the Air Force during the period 1 October 1979 through 31 March 1980. A part of this support was provided by the Rome Air Development Center. CW operation at temperatures up to 55 C has been achieved for GaInAsP/InP double-heterostructure (DH) lasers emitting at 1.5 micrometers, which were grown without a GaInAsP buffer layer. These devices are of interest for use as sources in fiber-optics communications systems, since the lowest transmission loss reported for fused-silica optical fibers occurs at 1.55 micrometers. Surface passivation techniques developed for InP and GaInAsP avalanche photodiodes have resulted in reductions of dark current as large as four orders of magnitude, to values as low as .0000016 A/sq cm at 0.9 V(b) where V(b) is the breakdown voltage. Devices consisting entirely of InP have been passivated with plasma-deposited Si3N4, and those with a GaInAsP layer but with the p-n junction in InP have been passivated with polyimide. Neither of these techniques successfully reduces dark currents in devices with the p-n junction in the GaInAsP, but a film of photoresist sprayed with SF6 as the propellant has given excellent results. The electrical characteristics in InP ion implanted with Sn, Ge, Si, and C have been investigated. All of these column IV elements yielded n-type conductivity and Sn, Ge, and Si showed high electrical activation; however, implanted C was found to have a net electrical activation of only about 5 percent.

  3. The allocation of the burden of proof in mixed disputes in legal and non-legal contexts

    NARCIS (Netherlands)

    Feteris, E.T.

    2010-01-01

    In this paper the problems pertaining to the allocation of the burden of proof in mixed disputes in legal and non-legal contexts are addressed. First the traditional view on the allocation of the burden of proof based on Whately’s legal conception of ‘presumption’ is discussed. Whately’s proposal is

  4. 20 CFR 670.991 - How does Job Corps ensure that complaints or disputes are resolved in a timely fashion?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How does Job Corps ensure that complaints or disputes are resolved in a timely fashion? 670.991 Section 670.991 Employees' Benefits EMPLOYMENT AND... resolved in a timely fashion? (a) If a complaint is not resolved by the center operator or service provider...

  5. 76 FR 30987 - Termination of Action and Further Monitoring in Connection With the EC-Beef Hormones Dispute

    Science.gov (United States)

    2011-05-27

    ... TRADE REPRESENTATIVE Termination of Action and Further Monitoring in Connection With the EC-Beef... the EU's failure to comply with the recommendations and rulings of the DSB in the EC-Beef Hormones...) in the EC-Beef Hormones dispute. The MOU provides for the EU to make phased increases in...

  6. 76 FR 17985 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Frozen...

    Science.gov (United States)

    2011-03-31

    ... From the Federal Register Online via the Government Publishing Office OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures on Certain Frozen Warmwater Shrimp From China AGENCY: Office of the United States...

  7. 76 FR 12400 - WTO Dispute Settlement Proceeding Regarding China-Countervailing and Anti-Dumping Duties on Grain...

    Science.gov (United States)

    2011-03-07

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Countervailing and Anti-Dumping... countervailing and anti-dumping duties on Grain Oriented Flat-rolled Electrical Steel (``GOES'') from the United... measures imposing countervailing duties and anti-dumping duties on GOES from the United States...

  8. Stresses on Children and Youth in the 1980s: Access Disputes and the Effects on Children. Selected Papers Number 39.

    Science.gov (United States)

    Renouf, Emilia

    This discussion focuses on different views of professionals concerning access of parents and children to one another in the context of divorce. Problems associated with access, children's reactions to parental separation, age-related reactions of children to parental absence, effects of access disputes, why children say what they say in access…

  9. Exploration of Nursing Disputes in Emergency Department%急诊科护理纠纷探析

    Institute of Scientific and Technical Information of China (English)

    吴永丽

    2016-01-01

    Objective:To summarize the causes of nursing dispute in Emergency Department and to provide precautions. Methods:Based on the service attitude and operation skills, this paper analyses the cause of nursing dispute and provides precautions. Results:Nursing quality and relationship between nurse and patient were improved; meanwhile, nursing disputes decreased dramatically. Conclusion:The improvement of nurse theory, morality and professional skill is an effective way to avoid nursing disputes.%目的:对急诊科发生护理纠纷的原因进行总结,整理出护理纠纷的防范措施。方法:从服务态度、操作技能等方面分析护理纠纷发生的原因,针对性的采取防范措施。结果:护理服务水平和质量得到提升,护患关系改善,护理投诉明显下降。结论:完善急诊科护士理论、伦理及操作培训,提高护理人员从业技能,是预防护理纠纷发生的关键。

  10. 31 CFR 370.39 - To what extent is a digital signature admissible in any civil litigation or dispute?

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false To what extent is a digital signature... signature admissible in any civil litigation or dispute? In asserting a digital signature against you in any... admissibility (such as testimony about the scientific validity of digital signatures) is not necessary to...

  11. 2014 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Barbin, Lucie; CERN. Geneva. HR Department

    2015-01-01

    The 2014 Annual Report under Chapter VI ("Settlement of Disputes and Discipline") of the Staff Rules and Regulations (SRR) serves to report cases of submission of requests for review, internal appeals, complaints with the ILOAT, and cases in which disciplinary action was taken.

  12. How economic, strategic, and domestic factors shape patterns of conflict and cooperation in the East China Sea dispute

    DEFF Research Database (Denmark)

    O'Shea, Paul

    2015-01-01

    Despite frequent talk of conflict and even war, economic and strategic factors suggest that the Sino-Japanese dispute over the East China Sea will not erupt into hot conflict, at least for the time being. However, for domestic reasons overt cooperation remains a distant prospect....

  13. 2015 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Lalande, Amanda

    2016-01-01

    The 2015 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken.

  14. 2016 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Lalande, Amanda

    2017-01-01

    The 2016 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken.

  15. 化解医患矛盾的模式探讨--G市开展第三方调解实践%On the Resolving Modes for Medical Disputes---A Few Words on the Third Party Mediation Practice in G City

    Institute of Scientific and Technical Information of China (English)

    袁杰

    2014-01-01

    At present, although the reform of medical system is promoted obviously, the doctor-patient relationship is not significantly improved, and medical disputes are becoming more and more intensified. As a result, it is imperative for the government to purchase public service and establish a professional medical dispute mediation mechanism. A municipal medical dispute mediation center has been set up to carry out the third party mediation in G city Judicial Bureau, Sichuan province. People in this center carry out their work on the basis of alternative dispute resolution (ADR), focus on the people's mediation system of "feeling, reason and law", take laws, regulations and social ethics as the criterion, pay great attention to flexibility, convenience and procedure in the process of medical dispute meditation, which is in line with the current social situation and the realistic requirements of the people to resolve the disputes.%目前,医患关系并没有因为医疗体制改革的推动而显著改善,医患纠纷呈愈演愈烈之势。鉴此,以政府购买公益服务,建立医疗纠纷专业调解机构势在必行。四川省G市司法局成立了市级医疗纠纷调解中心,符合当前社会现状现实需求地开展第三方调解工作---以非诉讼纠纷解决方式(ADR)为理论依据,以“情、理、法”兼顾的人民调解制度为核心,用法律法规和社会道德规范为准绳,将灵活性、便捷性、程序性贯穿于调解医患矛盾的始终,取得了一定的成效。

  16. Predicting the decision to pursue mediation in civil disputes: a hierarchical classes analysis.

    Science.gov (United States)

    Reich, Warren A; Kressel, Kenneth; Scanlon, Kathleen M; Weiner, Gary A

    2007-11-01

    Clients (N = 185) involved in civil court cases completed the CPR Institute's Mediation Screen, which is designed to assist in making a decision about pursuing mediation. The authors modeled data using hierarchical classes analysis (HICLAS), a clustering algorithm that places clients into 1 set of classes and CPRMS items into another set of classes. HICLAS then links the sets of classes so that any class of clients can be identified in terms of the classes of items they endorsed. HICLAS-derived item classes reflected 2 underlying themes: (a) suitability of the dispute for a problem-solving process and (b) potential benefits of mediation. All clients who perceived that mediation would be beneficial also believed that the context of their conflict was favorable to mediation; however, not all clients who saw a favorable context believed they would benefit from mediation. The majority of clients who agreed to pursue mediation endorsed items reflecting both contextual suitability and perceived benefits of mediation.

  17. The dispute over the social license for mining projects in La Rioja, Argentina

    Directory of Open Access Journals (Sweden)

    Mariana Sola Álvarez

    2013-11-01

    Full Text Available Since the beginning of this century, projects of transnational corporations design to extract -in a mega scale- gold, silver, copper, and molybdenum are back to interrogate Famatina Valley, located in the northwest of Argentina, in the province of La Rioja. The dispute that is generated around the "social license" of mining projects highlights features of policy matrix and local government backing for extractive activities. At the same time illustrates the content and the potentiality of social resistance. The power of veto from a network of neighbors assemblies and a highly mobilized community in critical moments of the conflict is framed in a process of resistance to mercantilization of commons that travels through Latin America.

  18. Central Cemetery in Neiva (Huila: The setting where manifold memories are activated, reinterpreted and disputed

    Directory of Open Access Journals (Sweden)

    Eloísa Lamilla Guerrero

    2011-07-01

    Full Text Available Through an ethnographic analysis of Central Cemetery in the city of Neiva (Huila, this text proposes to exemplify how cemeteries are privileged settings for the embodiment, organization and resignification of the manifold memories Neivan society collectively build and imagine in order to represent themselves in a dispute for identities and remembrance. They mirror what they are, have been, and aim at being. Those memories may be traced through the battle of signs, the persistence of hegemonies, the nation’s narrative, the bipartisan imprint, tenacity and the horror of the armed conflict, popular claims, the desire for a miracle, the vindication of affection, resistance, regional identity, the ephemeral, the transcendent and oblivion.

  19. Homosexual parents in custody disputes: a thousand child-years exposure.

    Science.gov (United States)

    Cameron, Paul; Harris, David W

    2003-12-01

    Through 1998, 78 custody appeal decisions involving 79 homosexual parents were evaluated. The 142 children involved in these cases were exposed to a thousand child-years of homosexual parenting. In appeals records (a) parents recorded as lying or engaging in criminality or homosexuality were more apt to be recorded as harming children; (b) homosexuals more frequently were recorded as lying or engaging in criminality; (c) in 54 (70%) disputes the homosexual parent or his associates and in 4 (5%) the heterosexual parent was recorded as having exposed the children to harm(s), e.g., neglect, seduction; and (d) homosexuals were responsible for 111 (97%) of the 115 recorded harms to children. For 78 nonhomosexual vs nonhomosexual control cases, in 11 (14%) the 141 children were exposed to 12 harms.

  20. Disputes and Dialogues around the Concept of “Affirmative Actions” for Higher Education in Brazil

    Directory of Open Access Journals (Sweden)

    Luanda Sito

    2014-01-01

    Full Text Available In this article I reflect on the controversy generated in the higher education expansion context in Brazil by the quotas measure for black and indigenous students at the University, to see what the discourses reveal about the perceptions of affirmative actions. To do this, I analyze two manifestos delivered to the National Congress in 2006 by Brazilian intellectuals who laid their position publicly in relation to the quota policy. The analysis, guided by a conception of Bakhtinian language, shows that the concept of “affirmative action” appeared in dispute: first it is taken as a racist measure and it is percieved as unequal while on second place it is understood as a measure of racism deconstruction. By characterizing the debate in the Brazilian scenario, I sought to contribute to the construction of a regional overview on race and affirmative actions in the Latin American context.