Sample records for dispute settlement system
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Transparency and public participation in WTO dispute settlement
Ahlborn, C.S.; Pfitzer, J.H.
2009-01-01
In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU
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FEATURES OF WTO DISPUTE SETTLEMENT. THE STANDING OF THE EU
Directory of Open Access Journals (Sweden)
Costin Horia Rogoveanu
2010-09-01
Full Text Available The WTO has an innovative system of dispute settlement, with the following features: sui-generis, integrated, resolving the disputes according to the WTO agreements, excluding unilateral solutions, interstate system. These features are detailed in the present article. Another level of analysis concerns the standing of the EU in the WTO, in general, and in the Geneva proceedings for dispute settlement, in particular. Generated by the quality of the European Communities statute as an original member of the Organisation, the EU has become one of the main users of the WTO dispute settlement system. One of the main challenges of the WTO dispute settlement mechanism is the implementation of decisions. In view of the cases assessed, while the execution record of the EU is a quite satisfactory one, it is apparent that implementation of decisions in more intricate cases creates difficulties at the Union level.
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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.
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Directory of Open Access Journals (Sweden)
Intan Soeparna
2015-10-01
Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views
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29 CFR 1603.108 - Settlement and alternative dispute resolution.
2010-07-01
... 29 Labor 4 2010-07-01 2010-07-01 false Settlement and alternative dispute resolution. 1603.108... Settlement and alternative dispute resolution. (a) The parties are at all times free to settle all or part of... a neutral mediator or to any other alternative dispute resolution process authorized by the...
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10 CFR 2.338 - Settlement of issues; alternative dispute resolution.
2010-01-01
... 10 Energy 1 2010-01-01 2010-01-01 false Settlement of issues; alternative dispute resolution. 2... alternative dispute resolution under paragraph (b) of this section. (b) Settlement judge; alternative dispute... alternative dispute resolution as the Commission may provide or to which the parties may agree. The order...
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World Trade Organization: U.S. Experience in Dispute Settlement System: The First Five Years
National Research Council Canada - National Science Library
2000-01-01
... of multilateral trade rules. In addition, the Uruguay Round agreements established a new dispute settlement system, replacing that under the General Agreement on Tariffs and Trade, the predecessor to the WTO...
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Litigation and the Timing of Settlement: Evidence from Commercial Disputes
Peter Grajzl; Katarina Zajc
2015-01-01
Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...
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Settlement of Tax Disputes in the Russian Federation and Germany
Directory of Open Access Journals (Sweden)
Anastasiya Alexandrovna Konyukhova
2015-01-01
Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.
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Conciliation as the traditional method of disputes settlement in PRC
Directory of Open Access Journals (Sweden)
Svetlana F. Litvinova
2011-12-01
Full Text Available The author of the article researches one of the peculiarities of civil disputes settlement in China. This peculiarity is the conciliatory method that is used during disputes settlement. The using of the method is based on Confucianism. The content of the method has been viewed in the article.
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African Countries and WTO´s Dispute Settlement Mechanism
DEFF Research Database (Denmark)
Alavi, Amin
2007-01-01
The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the 'rule of law' within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub-Saharan African country has yet used the option...... to initiate a dispute. This article examines what prevents the WTO Africa Group from using the system and critically reviews the solutions they have proposed to remedy this. It concludes by discussing how this reflects broader problems concerning African participation in WTO, and puts forward some alternative...
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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.
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2012-04-19
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS316] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that it...
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Settlement of Tax Disputes in the Russian Federation and Germany
Anastasiya Alexandrovna Konyukhova
2015-01-01
This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...
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Schill, S.W.; Griller, S.; Obwexer, W.; Vranes, E.
2017-01-01
This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement assumes a pivotal role in trade and investment
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75 FR 23318 - WTO Dispute Settlement Proceeding Regarding Philippines-Taxes on Distilled Spirits
2010-05-03
... of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization... established by the World Trade Organization (``WTO'') Dispute Settlement Body on April 20, 2010. USTR invites... available on the Web site of the World Trade Organization, http://www.wto.org . Comments will be placed in...
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2012-12-26
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS444] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... after the United States submits or receives a request for the establishment of a WTO dispute settlement...
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61 Traditional Settlement of Dispute amongst Ikwerre Ethnic ...
African Journals Online (AJOL)
First Lady
2013-01-28
Jan 28, 2013 ... Ogoloma, Fineface I. - Institute of Foundation Studies (IFS), Rivers. State University .... There are many case studies that emphasize Traditional Dispute Settlement in ..... Religion and Social Conflict Management (The case of.
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DEFF Research Database (Denmark)
Hindelang, Steffen
aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...
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Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency
Directory of Open Access Journals (Sweden)
Fauziyah Fauziyah
2015-06-01
Full Text Available Village elections (Pilkades is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1, 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8
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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.
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Schill, S.W.
As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system
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2011-03-07
... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... on the Web site of the World Trade Organization, http://www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS414] WTO Dispute Settlement...
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2013-02-19
... (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... report of the Appellate Body, will also be available on the Web site of the World Trade Organization at... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS455] WTO Dispute Settlement...
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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)
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Caspian energy and legal disputes: prospects for settlement
International Nuclear Information System (INIS)
Ogutcu, Mehmet
2003-01-01
This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)
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2013-05-09
... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS455] WTO Dispute Settlement...
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2011-08-19
... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning anti-dumping measures... of the World Trade Organization, http://www.wto.org . Comments open to public inspection may be... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...
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Human Resources Department: report on the settlement of disputes and discipline
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 ...
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Problems of litigation in settlement of maritime disputes for Nigeria ...
African Journals Online (AJOL)
This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...
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2012-06-04
... Establishing the World Trade Organization (``WTO Agreement'') with the Government of India (``India... Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...
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2012-08-06
... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning China... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... TRADE REPRESENTATIVE [Dispute No. WT/DS440/1] WTO Dispute Settlement Proceeding Regarding China...
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2013-09-23
... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping and [[Page... available on the Web site of the World Trade Organization, at www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS464] WTO Dispute Settlement...
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2012-03-27
... Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures prohibitions... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...
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2012-04-02
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement..., regulations, administrative procedures, practices, and methodologies. That request may be found at www.wto.org... notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures...
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2012-09-04
... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS444] WTO Dispute Settlement...
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2012-01-13
... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the People's Republic... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS427] WTO Dispute Settlement...
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2012-10-11
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS440] WTO Dispute Settlement... under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the... certain automobiles from the United States. That request may be found at www.wto.org in a document...
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2013-02-22
... Agreement Establishing the World Trade Organization (AWTO [email protected]). That request may be found at www.wto... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS447] WTO Dispute Settlement...
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2011-03-31
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures regarding certain frozen warmwater shrimp from China. That request may be found at http://www.wto...
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The challenge of reforming the WTO dispute settlement understanding
Hauser, Heinz; Zimmermann, Thomas A.
2003-01-01
Die im Mai 2003 abgelaufene Frist für den Abschluss der Verhandlungen über Verbesserungen und Klarstellungen zum WTO-Übereinkommen über dei Streitschlichtung (Dispute Settlement Understanding; DSU) unter dem Doha-Mandat wurde verfehlt. Die WTO-Mitglieder einigten sich jedoch im Juli 2003 auf eine Verlängerung des Verhandlungsmandates bis Ende Mai 2004. Der vorliegende Beitrag fasst die Verhandlungen zur Überprüfung des Streitschlichtungsverfahrens ("DSU review") kurz zusammen. Die Hauptstreit...
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2012-07-30
... Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS431] WTO Dispute Settlement...
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2011-11-07
... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...
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2013-03-18
... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement...
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The procedure of dispute settlement in the atomic energy cooperation agreement
International Nuclear Information System (INIS)
Hyung, Sang Cheol
2010-01-01
'UN Charter' Article 33 writes; the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. And 'THE AGREEMENT OF 31 OCTOBER 1975 BETWEEN THE REPUBLIC OF KOREA AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS' (INFCIRC/236) writes ; Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Government of the Republic of Korea and the Agency shall, at the request of either, be submitted to an arbitral tribunal as above mentioned, the disagreeing parties prefer alternative dispute resolution, abbreviated ADR, to litigation. So we need to study the ADR
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Dispute settlement in international space law : a multi-door courthouse for outer space
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
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Sharia Business and The Challenge of Dispute Settlement in Indonesian Religious Court
Directory of Open Access Journals (Sweden)
Rahadi Wasi Bintoro
2016-06-01
Full Text Available Sharia economy is not new in the world of Islam. Development of sharia economic law in Indonesia begins with the emergence of islamic banking. The development of national and international economy that always moves quickly along with more wider challenges, should always be followed in responsively by national banking in carrying its functions and responsibilities out to the community. According to the sharia banking law in order to be categorized in the scope of islamic economics, it is determined by the fatwa of the Indonesian Ulama Council. This is due to the MUI as an institution that has the authority in the field of religion and related to the interest of Indonesian muslims. One thing that is interesting from the proliferation of business activities with Sharia principles is about its pattern of settlement of disputes is related with Religion Court jurisdiction. Religion Court is an institution that has authority to examine dispute settlement of sharia economy case in Indonesia. However, the law of civil procedure used in the Religious Court is still referring to procedureal law in the general court which is much criticized, because its complicated procedures and take a long time so it’s been very expensive. Based on the analysis, the development of sharia economic system is basically the demands of the business world, which has the fast-moving character, however, development of sharia economy of which is not accompanied with its own substance of law, especially the procedural law that works to resolve disputes, so that, on its turn, it will lead to the obstacle for the sharia economic development itself, in which the condition is contrary to the principle of simple justice, quick and low cost as stipulated in the provisions of Article 2 (4 of Law No. 48 Year 2009 on Judicial.
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2010-04-20
... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... of the World Trade Organization, http://www.wto.org . Comments will be placed in the docket and open... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS402] WTO Dispute Settlement...
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75 FR 82130 - WTO Dispute Settlement Proceeding Regarding China-Subsidies on Wind Power Equipment
2010-12-29
... World Trade Organization (``WTO Agreement''), the United States requested consultations regarding... Trade Organization, http://www.wto.org . Bradford Ward, Deputy General Counsel. [FR Doc. 2010-32868... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China...
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Financial System of Malaysia: the Concept of Financial Dispute
Directory of Open Access Journals (Sweden)
Evgenia E. Frolova
2017-01-01
Full Text Available Purpose: the article examines the main problems associated the new regulatory acts of Malaysia – the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013; The characteristics of the legal status of the "Ombudsman for financial services" are listed, types of financial disputes subject to settlement under the "financial ombudsman scheme" are listed, parties to the financial dispute are identified. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Malaysia that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority. Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia. Results: according to the provisions of the new laws of Malaysia, namely the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013, a financial dispute should be understood as a dispute, to which the parties are a financial consumer and a financial service provider provider. Financial disputes include disputes in the field of insurance and Islamic insurance, as well as disputes over bank cards, bank accounts, ATMs, Internet banking, mobile banking, and others. The main body for the settlement of financial disputes is the Financial Ombudsman. The competence of the financial ombudsman is limited by the amount of the claim of 250,000 ringgit (about 4.5 million rubles, under insurance claims – 10,000 ringgit, in the field of unauthorized transactions – 25,000 ringgit. The procedure for resolving a financial dispute, which in Malaysia is referred to as the "scheme of a financial ombudsman", is established by the Central Bank of Malaysia
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2012-12-11
... States ; Countervailing and Anti-Dumping Measures on Certain Products From China AGENCY: Office of the... Republic of China (``China'') requested the establishment of a dispute settlement panel with the United... to nonmarket economy countries, and for other purposes'' (``Pub. L. 112-99''), and the countervailing...
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developing countries and the wto dispute resolution system
African Journals Online (AJOL)
OLAWUYI
outstanding outcomes of the Uruguay round.2 WTO principles are largely based on the ..... In practice it is the preference giving country. (usually a ... Prominent amongst them are; Pakistan, Hong Kong, Malaysia and South ..... 89 World Trade Organization – Dispute Settlement: Dispute DS308 'Mexico – Tax Measures on.
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2011-03-02
... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping... World Trade Organization, http://www.wto.org . Comments open to public inspection may be viewed on the... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS420] WTO Dispute Settlement...
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Austrägalgerichtsbarkeit – Interstate Dispute Settlement in a Confederate Arrangement, 1815 to 1866
Directory of Open Access Journals (Sweden)
Jakob Zollmann
2016-01-01
Full Text Available This article analyses the interstate dispute settlement mechanisms between member states of the German Confederation (Deutscher Bund. The question as to how disputes between German sovereigns should be decided already had a long (pre-history dating back to the Middle Ages. Article 11 IV of the German Federal Act (1815 (Bundesakte was the basic norm of the so-called Austrägal jurisdiction enacted to resolve disputes between states of the German Confederation and stipulated the manner in which the dispute was to be brought to ›court‹ (Austrägalinstanz. During the period of the German Confederation, 10 out of 25 German courts of third instance handled altogether 54 Austrägal cases. Whereas Austrägal jurisdiction was no longer present in the German Kaiserreich, Emperor William II and the professor of public law Paul Laband attempted to resurrect the idea, but failed due to the resistance of the other German princes.
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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.
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Dispute resolution in NAFTA and the WTO: a useful guide for SADC ...
African Journals Online (AJOL)
In the process of developing, structuring and formalising the mechanism for settlement of trade disputes in the SADC region, the system for the settlement of disputes in both NAFTA and the WTO can serve as a useful guide for SADC and even more so for the African Union. The swift, fair and just settlement of especially ...
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2010-10-12
... request by Mexico under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the Dispute Settlement Body of the World Trade Organization (``WTO'') has referred a matter concerning... report of the Appellate Body, will be available on the Web site of the World Trade Organization, http...
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Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency
Directory of Open Access Journals (Sweden)
Fauziyah Fauziyah
2016-06-01
Full Text Available In the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades. There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD, and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD that is packed into village budget (APBDes, Rp.2.000.000 for every Pilkades. How to Cite: Fauziyah, F., & Praptianingsih, S. (2016. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency. Rechtsidee, 3(1, 53-62. doi: http://dx.doi.org/10.21070/jihr.v3i1.159
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2010-01-08
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS399] WTO Dispute Settlement... Organization (``WTO Agreement'') concerning certain measures affecting imports of certain passenger vehicle and light truck tires from China. The request may be found at http://www.wto.org in document WT/DS399/2...
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2012-04-04
..., 2012, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO... World Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS431] WTO Dispute Settlement...
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2010-02-23
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a number of....wto.org contained in a document designated as WT/DS404/1. USTR invites written comments from the...
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2010-06-08
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a... found at www.wto.org contained in a document designated as WT/DS404/5. USTR invites written comments...
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48 CFR 6302.30 - Alternative dispute resolution methods (Rule 30).
2010-10-01
... TRANSPORTATION BOARD OF CONTRACT APPEALS RULES OF PROCEDURE 6302.30 Alternative dispute resolution methods (Rule... Alternative Dispute Resolution (ADR): Settlement Judges and Mini-Trials. These procedures are designed to... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...
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DISPUTE RESOLUTION OF FOREIGN DIRECT INVESTMENT IN CHINA
Directory of Open Access Journals (Sweden)
Fiska Silvia Raden Roro
2012-09-01
Full Text Available Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.
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Sbarra, David A.; Emery, Robert E.
2010-01-01
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. PMID:18266541
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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
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Understanding the Characteristics of Dispute Settlement in Sharia Economic System
M. Arfin Hamid
2017-01-01
One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or...
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THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION
Directory of Open Access Journals (Sweden)
Sri Praptianingsih
2017-06-01
Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.
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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.
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Schepens, A; CERN. Geneva. HR Department
1013-01-01
The 2012 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, appeals to the ILOAT, and cases in which disciplinary action was taken.
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Schepens, A; CERN. Geneva. HR Department
2012-01-01
The 2011 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, appeals to the ILOAT, and cases in which disciplinary action was taken.
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International Nuclear Information System (INIS)
1999-01-01
The document reproduces the text of the Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage which was adopted on 21 May 1963 by the International Conference held in Vienna from 29 April to 19 May 1963. It came into force on 13 May 1999
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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.
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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.
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Alternative dispute resolution of medical-legal issues.
Barton, H M
1991-02-01
Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.
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McKee, Martin; Stuckler, David
2017-01-01
In this commentary, we endorse concerns about the health impact of the trans-pacific partnership (TPP), paying particular attention to its mechanisms for investor state dispute settlement. We then describe the different, judge-led approach being advocated by the European Commission team negotiating the Trans-Atlantic Trade and Investment Partnership, arguing that, while not perfect, it offers significant advantages. PMID:28812799
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20 CFR 627.805 - Alternative dispute resolution.
2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Alternative dispute resolution. 627.805... Law Judges § 627.805 Alternative dispute resolution. (a) Parties to a complaint under § 627.801 of... administrative hearing before the OALJ by choosing to transfer the settlement of their dispute to an individual...
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Directory of Open Access Journals (Sweden)
E. E. Frolova
2018-01-01
Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial disputes – disputes resolved by "Designated Dispute Resolution Organizations", the so-called "financial DDRO". Financial disputes are disputes between suppliers and consumers of financial services. The Financial Instruments and Exchange Act details the persons, whose activities fall within the definition of financial provider services. A brief list of financial service providers is available on the website of Japan's main financial regulator, the Financial Services Agency. The list include: Japanese banking institutions, branches and representative offices of foreign banks, business operators of financial instruments, insurance companies, trust companies, financial markets, foreign audit firms. However, unlike other countries of the Asia-Pacific region, consumers of financial services can be both physical and legal entities.Conclusions and Relevance: the materials presented in the article show the special role of "Designated Dispute Resolution
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A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement.
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. Copyright © 2016 by Duke University Press.
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Legalisation and privatisation in global governance: the case of WTO dispute settlement
DEFF Research Database (Denmark)
Strange, Michael Stewart
. In this paper, emphasis is placed on the dual operation of legalisation and privatisation as particular logics which both help define which ideas become constitutive of global governance. Legalisation and privatisation – as two particularly dominant logics for conducting global governance – are important, since...... they help frame the type of governance embodied within contemporary International Organisations. . To understand what role these logics play, the paper will outline the logics of legalisation and privatisation in global governance and exemplify with the case of the WTO dispute settlement process. However......, first it is important to consider how governance at the global level is made possible – that is where the authority resides – in order to appreciate the way the logics of legalisation and privatisation shape this form of governance....
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28 CFR 36.506 - Alternative means of dispute resolution.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding...
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Territorial disputes in international arbitration practice
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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.
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40 CFR 22.18 - Quick resolution; settlement; alternative dispute resolution.
2010-07-01
...; alternative dispute resolution. 22.18 Section 22.18 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY...; alternative dispute resolution. (a) Quick resolution. (1) A respondent may resolve the proceeding at any time... complaint. (d) Alternative means of dispute resolution. (1) The parties may engage in any process within the...
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Public private partnership construction project disputes in Nigeria ...
African Journals Online (AJOL)
This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria ...
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Directory of Open Access Journals (Sweden)
Angelica Rosu
2009-06-01
Full Text Available At present, no generally applied international ADR rules exist. However, manylegislative initiatives registered in time. The United Nations Commission on International TradeLaw adopted, thus, a Model Law on International Commercial Conciliation in 2002. The EuropeanUnion has also been active in the area of ADR presenting in May 2008 a Directive on CertainAspects of Mediation in Civil and Commercial Matters that represents its most important initiativesin this field. There are also various international conventions that deal with dispute resolution suchas the International Convention on the Settlement of Investment Disputes. The many legislativeinitiatives are useful, even necessary.
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Dispute settlement process under GATT/WTO diplomatic or judicial ...
African Journals Online (AJOL)
This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and ...
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Decision making in civil disputes
Directory of Open Access Journals (Sweden)
Victoria Gilliland
2008-10-01
Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.
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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.
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Directory of Open Access Journals (Sweden)
Cristiane de Andrade Lucena Carneiro
2008-01-01
of settlement in the GATT/WTO system using theory of moves (BRAMS, 1994 to study the strategic choices available to disputants. I suggest that in the WTO system complainants act magnanimously, thereby bypassing their best outcome in a game. This is rational on their part because it offers defendants more opportunity to settle, which is beneficial to both sides. This behavior is not well explained by the myopic equilibrium concepts of standard game theory. By contrast, theory of moves incorporates non-myopic reasoning into its model of decision-making. In particular, I explain why it is rational for players to act non-myopically on occasion and move to their second-best outcome in a game. Three case studies illustrate the analysis (i when settlement follows magnanimity, (ii when settlement occurs regardless of magnanimity, and (iii when there is no settlement. These three outcomes exhaust the empirical record of WTO disputes.
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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.
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Directory of Open Access Journals (Sweden)
Shahla Ali
2011-10-01
Full Text Available This article presents a cross cultural examination of how international arbitrators in East Asian and Western countries view the goal of settlement in international arbitration. The result of a 115 person survey and 64 follow up interviews shed light on the underlying cultural attitudes and approaches to settlement in international arbitration as practiced in diverse regions. The findings indicate that arbitration practitioner’s perceptions of the frequency of compromise decision in international arbitration demonstrate a high degree of convergence across regions. At the same time, cultural and socio-economic distinctions are reflected in varying arbitrator perceptions regarding the arbitrators’ role in settlement, whether settlement is regarded as a goal in arbitration and the types of efforts made pre-arbitration to settle disputes. In particular, arbitrators working in the East Asian region regard the goal of facilitating voluntary settlement in the context of international arbitration with greater importance and generally make greater efforts pre-arbitration to settle disputes as compared with counterparts in the West.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934138
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Directory of Open Access Journals (Sweden)
Aripurnomo Kartohardjono
2017-12-01
Full Text Available The Increasing of infrastructure development in Indonesia and the need of facilities and infrastructure for the resident and also upgrading and advancing the technology every subject need to have a proper contract and this may result in prolonged disputes when in to a project contract and disputes that are not handled carefully especially when associated with a broad of territory of Indonesia that has diverse cultures languages and customs. Referring to Act no. 18 1999 on Construction Services Act no. 30 1999 on Arbitration and Alternative Dispute Settlement and Act No.2 of 2017 concerning Construction Services that is Indonesia path of law for construction disputes settlement Legal culture in Indonesia among others consensus for consensus as one of the legal component also greatly affect the work of the legal system. Attitudes of eastern society that put forward the values of harmonization for the application of law in solving the problem. The eastern people tend to reject the application of the third party to solve the construction dispute because the court is considered as the rifters of social relations of society. The value of harmony and tend to close the problem is the culture of the eastern society and this is certainly very different from the way of view and attitude of western society in looking at the law. The modeling given the variables which need to be observed so that the conflicts can be minimized. The results of the questionnaires modeled with the model proved statistically to provide information that dispute resolution with the dispute board is the preferred system of society in the scope of the study area. This is to increase awareness or prevent the happening of dispute. So dispute resolution could resolve quickly and appropriately and must be handled from the beginning of contract by independent experts trusts and people respect to it. So the project continues but the settlement of claims and or disputes is still being
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Judicial aspects of emission trade. Disputes
International Nuclear Information System (INIS)
Bitter, J.W.
2004-01-01
Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In this last part attention will be paid to settlement of disputes in emissions trade [nl
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The mutual agreement procedure and arbitration of double taxation disputes
Ilias Bantekas
2008-01-01
It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model T...
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An Overview of the Effective Use of Alternative Dispute Resolution in Education
Fowler, Gerard A.
2006-01-01
This article presents a brief overview of the current forms of alternative dispute resolution available in educational settings, along with insight into their development and success. In this article, I assess the influence of early alternative dispute resolution procedures in terms of their relevance to the settlement of conflicts within schools…
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SETTLEMENT OF DISPUTES BY JUDGE OR ARBITRATOR - IS THERE ANY DIFFERENCE
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
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The process of negotiating settlements at FERC
International Nuclear Information System (INIS)
Littlechild, Stephen
2012-01-01
Interstate gas pipelines and their customers presently settle about 90% of the rate cases set for hearing before the Federal Energy Regulatory Commission (FERC). The conventional regulatory litigation process is now only an occasional means of dispute resolution. This paper explains the settlement process, illustrating with the 12 section 4 rate cases brought by pipelines from 2008 and 2009. The paper also discusses and illustrates why parties prefer settlement to litigation, what difference it makes, which cases tend to settle, what might account for the increasing frequency of settlements over time, the recent phenomenon of pre-filing settlements and the recent settlement of section 5 cases brought by FERC. In contrast to many other regulatory jurisdictions, FERC Trial Staff play an active role in facilitating negotiation and settlement. They make an initial analysis 3 months after a pipeline files for a tariff rate increase. Thereafter, the regulatory aim is to bring the parties into agreement, not to determine an outcome and impose it upon them. This is a different role for the regulatory body than was previously apparent. - Highlights: ► About 90% of FERC rate cases are settled, not litigated. ► FERC Trial Staff play an active role in facilitating negotiation and settlement. ► Conventional regulation is now only an occasional means of dispute resolution. ► The paper also discusses which cases settle and what difference it makes.
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Directory of Open Access Journals (Sweden)
Lavinia ONICA CHIPEA
2014-03-01
Full Text Available The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the legislative gap created by repealing Art. 76 of Law no. 168/1999 on the settlement of labor disputes, which was actually the only norm of labor law which expressly and directly referred to the amicable settlement procedure of individual labor conflicts. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, the process of specialization of labor jurisdiction in the Romanian legal system.
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SPECIFIC REGULATIONS REGARDING THE SOLVING OF LABOR DISPUTES IN ROMANIAN LEGAL SYSTEM
Directory of Open Access Journals (Sweden)
Onica -Chipea Lavinia
2012-01-01
Full Text Available The paper aims to briefly review specific provisions of labor legislation for the solving of labor disputes. Those rules are found in matters of discrimination in the payment settlements, the public sector staff as well as some personnel status or disciplinary (work stops at Status of Teachers and established a derogationfrom the common law (Labor Code Law nr.62/2011 of Social Dialogue in resolving individual labor conflicts(former conflicts of rights. The role and importance of these regulations is that they give the parties the employment relationship, particularly employees, way, way more for rights enshrined in law. Appeals, complaints or expressions of individual grievances be settled outside the judicial system organ (the courts,authorizing officers, judicial administrative organs, which aim at restoring order violated.
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Settlement Ends Dispute between Princeton and Donors' Heirs
Masterson, Kathryn; Gose, Ben
2009-01-01
This article reports that Princeton University has settled a long-running dispute with the heirs of a major donor by agreeing to pay $50-million to the heirs' foundation and approximately the same amount for their legal fees. The case has been closely watched as a test of how strictly institutions must adhere to donors' wishes. The settlement…
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77 FR 27669 - Request for Public Comment on Settlement Part Program
2012-05-11
... Labor's Occupational Safety and Health Administration (OSHA) and to reduce litigation costs. The Settlement Part program is a form of alternative dispute resolution (ADR) under which larger contested OSHA..., such a case is first assigned to a ``Settlement Judge'' who will issue a discovery order and supervise...
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ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS
Directory of Open Access Journals (Sweden)
Ruxandra I. CHIRU
2017-05-01
Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.
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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.
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ALTERNATIVE DISPUTE RESOLUTION (ADR DALAM PENYELESAIAN SENGKETA KONSUMEN
Directory of Open Access Journals (Sweden)
Taufikkurrahman Taufikkurrahman
2015-06-01
Full Text Available Consumers often consume goods and / or services resulting in damage, pollution and the loss on himself. So that the rights and obligations himself always disproportionate (balanced. So that consumer rights are not permanently harmed by businesses or otherwise, the Republic country of Indonesia established a law that became the basis for consumers, businesses, Non-governmental organization and the Government to take the legal actions as a result of violations committed by parties who are not responsible responsibility. Through UU No. 8 the year 1999 on Consumer Protection became the constitutional basis for businesses and consumers, especially in solving problems (disputes that happened to himelf. Legal effort in problem solving (dispute can use the lines outside the court (Non-Litigation and through the courts (Litigation. The lines outside the court carried out by the Consumer Dispute Settlement Board (BPSK. BPSK in resolving disputes of consumer through mediation, arbitration or conciliation.
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The mutual agreement procedure and arbitration of double taxation disputes
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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.
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ALTERNATIVE DISPUTE RESOLUTION – CREATING VALUE OUT OF CONFLICT
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ADRIANA ALMASAN
2011-04-01
Full Text Available The paper is deemed to present the advantages of resolving a dispute or a potential dispute throughout negotiation. This alternative of dispute resolution to legal proceedings in front of the law court may be considered as more favorable to the parties in conflict, from an economical perspective. Therefore the scope of the paper herein is eventually to establish that a conflict may generate value by negotiation. Further to the conclusion that by negotiation, a conflict may be solved more efficiently, the objectives of the paper are to identify (i the role played by the legal counsel in identifying the values thereto and (ii the mechanisms leading to such effect, as well as (iii the intrinsic connection between law and economics in an adequate approach of the negotiation throughout a commercial dispute. Not lastly, the paper has as objective identifying the key elements of a settlement agreement that are reflecting the added value.
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Settlement-Size Scaling among Prehistoric Hunter-Gatherer Settlement Systems in the New World.
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W Randall Haas
Full Text Available Settlement size predicts extreme variation in the rates and magnitudes of many social and ecological processes in human societies. Yet, the factors that drive human settlement-size variation remain poorly understood. Size variation among economically integrated settlements tends to be heavy tailed such that the smallest settlements are extremely common and the largest settlements extremely large and rare. The upper tail of this size distribution is often formalized mathematically as a power-law function. Explanations for this scaling structure in human settlement systems tend to emphasize complex socioeconomic processes including agriculture, manufacturing, and warfare-behaviors that tend to differentially nucleate and disperse populations hierarchically among settlements. But, the degree to which heavy-tailed settlement-size variation requires such complex behaviors remains unclear. By examining the settlement patterns of eight prehistoric New World hunter-gatherer settlement systems spanning three distinct environmental contexts, this analysis explores the degree to which heavy-tailed settlement-size scaling depends on the aforementioned socioeconomic complexities. Surprisingly, the analysis finds that power-law models offer plausible and parsimonious statistical descriptions of prehistoric hunter-gatherer settlement-size variation. This finding reveals that incipient forms of hierarchical settlement structure may have preceded socioeconomic complexity in human societies and points to a need for additional research to explicate how mobile foragers came to exhibit settlement patterns that are more commonly associated with hierarchical organization. We propose that hunter-gatherer mobility with preferential attachment to previously occupied locations may account for the observed structure in site-size variation.
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Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles.
Sander, Frank E. A.
1984-01-01
The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)
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Evaluation of the third-party mediation mechanism for medical disputes in China.
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.
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Ekpotuatin Charles Ariye
2017-09-01
Full Text Available This study focuses on the subject of the application of alternative means as a complement to the judicial, adjudication and arbitration options in the resolution of disputes/conflicts. The Nigeria-Cameroon conflict over Bakassi is used as a case in point. By blending the theoretical perspectives on the diplomacy/negotiation approach with the reality of this case it argues that the application of alternative dispute resolution mechanism, in this instance, facilitated a long lasting and negotiated settlement, which led to amicable and final resolution. With the understanding that dispute/conflict resolution seeks to find solutions acceptable to both parties to achieve peaceful coexistence, the question arises as to whether the ICJ’s ruling in itself was able to amicably resolve the dispute? What we find is that the Ruling of 2002 did not in itself lead to instant settlement, rather it drew negative responses from Nigeria, so that it took the intervention of stakeholders in the international system, especially the Western countries, and particularly the UN and its then Secretary-General, Kofi Annan, to activate the UN machinery to put in place direct bilateral talks between Nigeria and Cameroon to iron out their differences. The emergent Mixed Commission and the Greentree Agreement of 2006 ensured the achievement of reconciliation, lasting peace and final resolution along the lines of the ICJ’s Judgment of 2002.
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International Nuclear Information System (INIS)
2000-01-01
The document provides the status list to the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and optional protocol concerning the compulsory settlement of disputes as of 12 September 2000
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Ismail Musabegović
2015-06-01
Full Text Available Foreign direct investments (FDI have a tendency of growth, which will, in accordance with projections, be continued in the future. The increasing number of FDI triggers an increase in the number of cases related to them. After defining the term of international capital movements and its manifestations in the first part of the paper, in its second part the authors give an overview of foreign direct investment, both globally and in the region. The third part deals with the investment disputes before the arbitration court, while in the fourth section, a case of the International Center for Settlement of Investment Disputes (ICSID is presented. As the case of violation of the principle of fair and equitable treatment of investments is in the main focus of this paper, it is thesubject of а deeper analysis. In this paper, the authors use methodology which is characteristic for social sciences: descriptive and historical method, comparative analysis and case study.
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Marcelo Dias Varella
2006-12-01
Full Text Available O grau de juridicidade do direito internacional econômico tem crescido nos últimos anos, ocasionando alterações na lógica de solução das controvérsias econômicas internacionais. Este adensamento da juridicidade do sistema confere maior legitimidade e importância aos mecanismos de solução de controvérsias, em especial o presente na Organização Mundial do Comércio (OMC, principal instituição reguladora do comércio internacional. De acordo com a nova lógica, os países mais fortes economicamente passaram a aceitar perdas relativas a setores específicos, buscando ganhos com o estabelecimento do sistema como um todo. A nova sistemática guiada por normas pré-definidas e especificamente traçadas para a solução de conflitos internacionais (rule-oriented veio substituir a solução destes conflitos pelo uso da força, via sanções unilaterais ou pressões sobre setores sensíveis (power-oriented. Além disso, a análise desta mudança de orientação evidencia que a OMC e seu Órgão de Solução de Controvérsias vêm ganhando maior credibilidade e respeito por parte de seus usuários, visto que casos concretos envolvendo setores como o agrícola e países desenvolvidos e em desenvolvimento demonstram a real possibilidade de utilização de mecanismos de retaliação mesmo quando se trata de países mais fracos contra países muito mais fortes.International Economical Law's level of jurisdiction has increased in the last years. This increase changed the logic of international economical dispute settlement system. The jurisdiction increase also gave more legitimacy and importance to dispute settlement mechanisms, specially the mechanisms pointed out by the World Trade Organization (WTO which is the main international trade regulating institution. According to the new logic of dispute settlement countries considered economically strong began to accept losses related to specific sectors in order to win with the establishment of
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Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies
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.
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Commuting in the settlement system of Serbia
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Lukić Vesna
2011-01-01
Full Text Available Territorial organization of settlement system is the framework for internal migration flows. The purpose of this paper is to consider the relation between commuting and the settlement structure. Commuting patterns and characteristics of commuters in Serbia are relatively unknown and insufficiently researched, and as such, can not be adequately used in creation of development strategies and public policies which would include commuters' issues. It has been emphasized the importance of research of commuting ties between different settlements and also pointed out in which way commuting flows could be researched and analyzed by using existing sources, due to better understanding of connections between migrations and settlements. Commuting patterns of workers in Serbia and interrelations between the scope and the structure of commuting flows, as well as the type and population size of settlements in Serbia have been examined. Apart from territorial dimension of commuting phenomenon, socio-economic component of commuting population has also been considered. The use of costumised tabulations from 2002 Census have enabled us to examine all types of commuting and emphasise dominant directions of commuting flows of economically active population according to gender, level of education and sector of economic activity, within the settlement hierarchy. Workers have been classified into seven groups according to place of residence and place of work. The findings reveal there is a clear connection between the hierarchy structure and commuting patterns in Serbia. Further, we find some evidence that only 9,5% of workers - commuters have been working in the settlement of the same population size and type such as their residing settlement. Commuting flows within Serbia’s settlement system point out to certain variations when looking at individual categories of population, but it can be concluded that there is general trend of commuting "upwards" within the
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Jung Woo Kwon
2017-07-01
Full Text Available Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.
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Bonneuil, Christophe; Levidow, Les
2012-02-01
The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the 'plant and animal health' category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant's regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel's findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel's SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC's regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of 'science-based trade discipline', while also constructing new scientific expertise for the main task--namely, challenging trade restrictions for being unduly cautious.
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The practice of mediation to resolve clinical, bioethical, and medical malpractice disputes.
Lee, Danny W H; Lai, Paul B S
2015-12-01
Mediation is a voluntary process whereby a neutral and impartial third party-t-he mediator--is present to facilitate communication and negotiation between the disputing parties so that amicable settlements can be agreed. Being confidential and non-adversarial in nature, the mediation process and skills are particularly applicable in clinical practice to facilitate challenging communications following adverse events, to assist bioethical decision making and to resolve disputes. Mediation is also a more effective and efficient means of dispute resolution in medical malpractice claims when compared with civil litigation. Health care mediation teams should be set up at individual facilities to provide education and consultation services to frontline staff and patients. At a community level, the Government, the mediation community, and the health care professionals should join forces to promote mediation as a means to settle medical malpractice claims outside of the courtroom.
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Alternatives of Cross-Border Securities Settlement System in East Asia
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Hee-Yul Chai
2005-12-01
Full Text Available The establishment of cross-border securities settlement system is a very important element of regional capital market integration. Despite its importance, relatively few arguments, both theoretical and practical, have been advanced on the subject. This paper aims to examine the alternatives of cross-border securities settlement system in East Asia, and analyse the feasibility and the advantages and disadvantages of each alternative. The paper underlines the need to develop a multi-currency DVP securities settlement system. The conceivable alternatives of East Asia's cross-border securities settlement system can be divided into decentralized system and centralized system. It is possible to consider a large array of institutional settings according to the depository/settlement methods. The comparison of the alternatives is based on economic efficiency, feasibility and institutional location of settlement system. In view of these criteria, it is argued that a 'big-bang' approach toward imperfectly cenralized system is the most desirable alternative.
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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...
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Alternative Methods of Collective Disputes Resolution in the Czech Republic
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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.
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McKee, Martin; Stuckler, David
2016-08-20
In this commentary, we endorse concerns about the health impact of the trans-pacific partnership (TPP), paying particular attention to its mechanisms for investor state dispute settlement. We then describe the different, judge-led approach being advocated by the European Commission team negotiating the Trans-Atlantic Trade and Investment Partnership, arguing that, while not perfect, it offers significant advantages. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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48 CFR 1433.214 - Alternative dispute resolution (ADR).
2010-10-01
... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 1433.214 Alternative dispute resolution (ADR). DOI strongly encourages the use of ADR in the resolution of disputes in lieu of...
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48 CFR 3033.214 - Alternative dispute resolution (ADR).
2010-10-01
..., DISPUTES, AND APPEALS Disputes and Appeals 3033.214 Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C. 571, et seq., authorizes and... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...
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Softwood Lumber – Some Lessons from the Last Softwood (Lumber IV Dispute
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Elaine Feldman
2017-10-01
Full Text Available The checkered history of softwood lumber disputes between Canada and its southern neighbour stretches back to the 1800s, with five of them occurring since 1982. Two years ago, the settlement obtained in 2006 expired and most Canadian softwood lumber exporters now face a combined countervailing and anti-dumping duty rate from the Americans of around 27 per cent. On the surface, the last dispute, known as Lumber IV, appeared to be a squabble over subsidization and dumping of Canadian softwood lumber exports. However, closer scrutiny revealed that this dispute was really about commercial interests triumphing over policy – the U.S. lumber industry wanted to ensure it kept a certain share of the market at the highest price possible. Complicating attempts to resolve any dispute is the fact that Canada is not a single entity in the lumber business; interest in quota or duties varies across regions as do the countervailing (CVD and anti-dumping (AD rates that the U.S. imposes on particular Canadian producers. These variations thus create almost a divide-and-conquer situation in which one group of producers feels others are getting an advantage. The Canadian industry instead should be standing together as much as possible, creating a united front in any dispute with the U.S. Drafting new policy and resorting to litigation to settle Lumber IV failed because the potential settlement got bogged down by the drawbacks of both of those routes. Policy failed because it quickly became clear that the U.S. was going to act with impunity to determine whether there was a subsidy, regardless of what the trade rules permitted. And litigation created an endless loop in which contradictory rulings were handed back and forth between NAFTA panels and the U.S. International Trade Commission, stalling any resolution. Lumber IV also taught the Canadians that taking their complaints to both NAFTA and the World Trade Organization, which does not order a refunding of wrongly
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Processes of Integration and Fragmentation of Economic Space: The Structure of Settlement Systems
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Alexander Pavlovich Goryunov
2017-12-01
Full Text Available This work presents a study of processes of integration and fragmentation caused by the polarization of economic space. Under integration in economic space the authors understand the formation of new and transformation of existing settlement systems, while fragmentation is the dissolution of settlement systems and their transformation into loosely connected settlement networks. The study focuses on the structure of settlement systems. Authors propose a new method for studying the structure of settlement systems, which combines the use of factor analysis, multidimensional scaling, and cluster analysis. The proposed method utilizes the maximum of available information about the social-economic status of settlements to reveal regularities in their spatial organization. The authors test the proposed method on 35 large cities of the Central and Volga federal districts of Russia, which comprise the spatial surroundings of Moscow. The authors find four groups of cities forming the core of the settlement system centered around Moscow, a group of four cities forming a buffer zone around that system, as well as four cities in the studied sample which do not participate in the settlement system
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The Dubai Approach as a New Resolution System for Islamic Finance Dispute Cases
Kawamura, Ai
2013-01-01
This paper aims to clarify the new dispute resolution system for Islamic finance by examining its relationship with the conventional dispute resolution systems. Islamic finance has been developing rapidly and has expanded its presence in the Gulf region, especially in the United Arab Emirates (UAE). At the same time, special regulations and legislations were established in order to maintain the stability of this market. There have been discussions around how Islamic financial cases being hand...
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48 CFR 5433.214. - Alternative Dispute Resolution (ADR).
2010-10-01
... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative Dispute Resolution (ADR). 5433.214. Section 5433.214. Federal Acquisition Regulations System DEFENSE LOGISTICS AGENCY, DEPARTMENT OF DEFENSE PROTESTS, DISPUTES AND APPEALS 5433.214. Alternative Dispute Resolution (ADR). The...
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Lavinia ONICA CHIPEA
2014-01-01
The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying th...
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Elena V. Sitkareva
2017-01-01
Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results
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48 CFR 33.214 - Alternative dispute resolution (ADR).
2010-10-01
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.214 Alternative dispute resolution (ADR). (a) The objective of using ADR procedures is to increase the opportunity for...
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Directory of Open Access Journals (Sweden)
José Augusto Fontoura Costa
2011-06-01
Full Text Available El sistema de arreglo de disputas de la OME es muy estudiado y produce literatura muy divulgada. Sin embargo, hay pocos estudios empíricos sobre los perfiles de miembros de grupos especiales y del órgano de Apelación y, asimismo, su influencia en la articulación de un campo jurídico internacional al derredor de los órganos de arreglo de disputas. Ese estudio tiene el objetivo hacer disponibles algunas informaciones y analizarlas bajo la luz de algunos conceptos de la sociología de Pierre Bourdieu, en particular da de campo jurídico y de habitus, para comprender como se produce la jurificación internacional. Los resultados indican similitudes entre el campo jurídico de la omc y los campos jurídicos estatales.The WTO's dispute settlement system is a much studied subject and the literature thereon is widespread. Nevertheless, there are few empirical studies on panelists' and Appellate Body members' profiles as well as their influence on the articulation of an international legal field around the dispute resolution organizations. This study aims to make available some information on these profiles and analyze them under the light of some concepts of Pierre Bourdieu's sociology, mainly the legal field and the development of social habitus, in order to understand how international legalization of the trade law takes place. The results point out the similarities between the WTO's legal field and the state legal fields.
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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.
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Coral settlement on a highly disturbed equatorial reef system.
Bauman, Andrew G; Guest, James R; Dunshea, Glenn; Low, Jeffery; Todd, Peter A; Steinberg, Peter D
2015-01-01
Processes occurring early in the life stages of corals can greatly influence the demography of coral populations, and successful settlement of coral larvae that leads to recruitment is a critical life history stage for coral reef ecosystems. Although corals in Singapore persist in one the world's most anthropogenically impacted reef systems, our understanding of the role of coral settlement in the persistence of coral communities in Singapore remains limited. Spatial and temporal patterns of coral settlement were examined at 7 sites in the southern islands of Singapore, using settlement tiles deployed and collected every 3 months from 2011 to 2013. Settlement occurred year round, but varied significantly across time and space. Annual coral settlement was low (~54.72 spat m(-2) yr(-1)) relative to other equatorial regions, but there was evidence of temporal variation in settlement rates. Peak settlement occurred between March-May and September-November, coinciding with annual coral spawning periods (March-April and October), while the lowest settlement occurred from December-February during the northeast monsoon. A period of high settlement was also observed between June and August in the first year (2011/12), possibly due to some species spawning outside predicted spawning periods, larvae settling from other locations or extended larval settlement competency periods. Settlement rates varied significantly among sites, but spatial variation was relatively consistent between years, suggesting the strong effects of local coral assemblages or environmental conditions. Pocilloporidae were the most abundant coral spat (83.6%), while Poritidae comprised only 6% of the spat, and Acroporidae coral spat. These results indicate that current settlement patterns are reinforcing the local adult assemblage structure ('others'; i.e. sediment-tolerant coral taxa) in Singapore, but that the replenishment capacity of Singapore's reefs appears relatively constrained, which could lead
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5 CFR 9701.705 - Alternative dispute resolution.
2010-01-01
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative dispute resolution. 9701.705... HUMAN RESOURCES MANAGEMENT SYSTEM Appeals § 9701.705 Alternative dispute resolution. The Department and OPM recognize the value of using alternative dispute resolution methods such as mediation, an...
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DEFF Research Database (Denmark)
, individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes...... in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics....... century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions...
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48 CFR 6101.54 - Alternative dispute resolution [Rule 54].
2010-10-01
... CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.54 Alternative dispute resolution [Rule 54]. (a) Availability of alternative dispute resolution (ADR) procedures at the Board. The... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...
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International Nuclear Information System (INIS)
Bond, S.R.
1994-01-01
In general, arbitration continues to be more rapid and less expensive than litigation and has other advantages in international dispute resolution. Elements which should be considered in drafting and negotiating an arbitration clause are discussed. A pragmatic basis for this is supplied by an analysis of arbitration clauses in the 237 cases submitted to the International Chamber of Commerce Court of Arbitration in 1987 and the 215 submitted in 1989. (UK)
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Alternative Dispute Resolution – Justice without Trial?
Directory of Open Access Journals (Sweden)
Angelica Roşu
2012-05-01
Full Text Available This research is proposed to analyze the alternative means of dispute resolution, as an alternativeof justice, or as a justice alternative, after studying both European critical literature and national one. Thephrase „alternative dispute resolution” means any alternative way of dispute resolution method whereby two ormore people try using a third party to reach a solution to the problem that precludes them, whether it ismediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a commonmethod. We concluded that the main reason of the alternative means for dispute resolution results from thepossibility to avoid the judicial system that makes it available for the litigants. It was also shown that users ofalternative means for dispute resolution not seek to resolve the dispute outside a court as an amicablesettlement, negotiated, consensual of their dispute.
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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.
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TARGET 2 and Settlement Finality
Directory of Open Access Journals (Sweden)
Ivan MANGATCHEV
2011-03-01
Full Text Available This article examines how TARGET 2 as system implements the idea of settlement finality regulated by Directive 98/26 EC of the European parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (Settlement Finality Directive and Directive 2009/44/EC of the European parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (Directive 2009/44/EC. As the title of the arti and finality of the settlement in this system.
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48 CFR 833.214 - Alternative dispute resolution (ADR).
2010-10-01
... Alternative dispute resolution (ADR). Contracting officers and contractors are encouraged to use alternative dispute resolution (ADR) procedures. CBCA guidance on ADR may be obtained at http://www.cbca.gsa.gov. ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute...
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2010-05-17
... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') regarding a provision of... of the World Trade Organization, http://www.wto.org . Comments will be placed in the docket and open... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute...
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Overview of alternative dispute resolution in healthcare disputes.
Saravia, A
1999-01-01
Various methods of alternative dispute resolution have gained wide acceptance in general commercial disputes. With the ever-increasing commercialization of the healthcare industry, many participants are examining ADR as a means of resolving disputes in this area as well. This Commentary provides an overview of the two most prevalent forms of ADR (arbitration and mediation), and discusses ongoing legislative, judicial, and industry activities that will guide the application of ADR in the healthcare arena.
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Mediating environmental disputes
Energy Technology Data Exchange (ETDEWEB)
Lake, L.M.
1977-09-01
Environmental disputes and lawsuits are examined. Site-specific disputes focus on visible physical phenomena, such as a power plant or local river, and have an immediacy and intensity about them that make it politically hazardous for public officials to assume responsibility for resolving them. As new precedents in environmental case law become less frequent and the number of disputes increases, alternative processes for environmental conflict resolution, such as third-party intervention, become appropriate. Third-party intervention techniques of fact finding, conflict avoidance, conciliation and mediation have been applied to international, labor, prison, school, racial, and hospital disputes. Underlying concepts are described. Two case studies, the Snoqualmie Dam dispute in Washington and the West Side Highway dispute in New York City, illustrate the basic elements associated with third-party intervention. 1 map, 17 references.
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Transport corridors and settlements in a region. Linking settlements to public transport
Directory of Open Access Journals (Sweden)
Mojca Šašek Divjak
2004-01-01
Full Text Available The focus of the article is conditioning settlement to public transport on the regional and urban level. Similar to occurrences in Western Europe even in Slovenia strong settlement pressures and issues tied to development of suburbanisation are emerging in wider hinterlands of larger cities. In regional centres, where strong transport flows with frequent congestion happen, public transport should be the backbone of the transport system. It is important for consolidation of larger gravitation areas, especially conurbations. We can nevertheless establish that parallel to increasing use of private cars, the use of public transport is decreasing. Thus the present condition demands improvements of transport systems and suitable settlement density in conjunction with development of public transport. This can be achieved only by synergetic linking of public transport development and physical planning in a sustainable settlement system. In the Ljubljana functional region we specifically dealt with links between settlement and the regional public transport system, above all the proposed regional light-railway and tram system in the strict urban area. The decentralised denser settlement model is presented. Based on the study concerning settlement development in the railway corridors we proposed potential possibilities for denser settlement in the immediate areas of suburban railway stations in the northern part of the region, from Črnuče to Kamnik.
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2010-08-16
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute... Organization (``WTO Agreement'') regarding a provision of the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-31). That request may be found at http://www.wto.org in a document designated as WT/DS406...
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48 CFR 5452.233-9001 - Disputes: Agreement To Use Alternative Dispute Resolution (ADR).
2010-10-01
... Alternative Dispute Resolution (ADR). 5452.233-9001 Section 5452.233-9001 Federal Acquisition Regulations... of Provisions and Clauses 5452.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution... Alternative Dispute Resolution (ADR) (APR 2001)—DLAD (a) The parties agree to negotiate with each other to try...
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Directory of Open Access Journals (Sweden)
Damir Josipovič
2012-06-01
Full Text Available Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797. But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.
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Directory of Open Access Journals (Sweden)
Damir Josipovič
2012-01-01
Full Text Available Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797. But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.
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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
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Shih, Mi
2010-01-01
The forceful pursuit of inner-city renewal in Shanghai since the early 1990s has to a great extent achieved spatial modernization, but at the same time it has given rise to increasing conflicts over residential relocation. Using law as a prism through which to examine the dialectic relationship between renewal practices and disputed relocation, this article argues that the series of unprecedented enactments in law that have taken place during this period have both paved the way for real estate market expansion and been a significant source of relocation disputes in Shanghai. Rather than viewing law as simply given and determinate, the article traces the regulatory regime's codification of property practices as a means of actively responding to the requirements of the real estate market. Under large-scale renewal practices, residents' legal rights of "return settlement" (huiban) in inner-city areas were largely denied in the early 1990s, before being effectively abolished by the adoption of monetary compensation for displacement in the 2000s. The evolving law on property practices has greatly shaped the process of disputed relocation while simultaneously posing a potential challenge to China's use of law for market-oriented development.
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International Nuclear Information System (INIS)
2003-08-01
This document is a project of good practice manual for the commercial relations between energy suppliers and their clients: prohibition of dishonest practices (fake, aggressive practices, joint sales, lack of information, abuse of vulnerable clients), remote sales and canvassing, pre-contractual information, minimum content of contracts (products and proposed services, tariffs, modalities and conditions of payment, meters, refusal to supply, supply disruption, commitment duration, rescinding, contract renewing, cancellation, contract transfer, modification of contracts in progress, procedure of dispute settlement), minimum content of bills (monthly bill, annual bill); contracts renewing, cancellation, transfer and modification; control and procedure of dispute settlement, disregard of the reference system. (J.S.)
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Directory of Open Access Journals (Sweden)
Tri Cahya Indra Permana
2016-03-01
Full Text Available Undang-Undang Parpol mengatur bahwa perselisihan Parpol diselesaikan secara internal oleh Mahkamah Partai atau sebutan lain daripada itu dan secara eksternal oleh Pengadilan Negeri dan Mahkamah Agung. Substansi perselisihan yang final dan mengikat di Mahkamah Partai adalah perselisihan kepengurusan, selebihnya dapat diajukan upaya hukum ke Pengadilan Negeri dan Mahkamah Agung. Di dalam praktek, pengaturan tersebut telah menjauhkan dari rasa keadilan, kepastian hukum dan kemanfaatan, oleh karenanya sebaiknya direvisi yang mana perselisihan PAW, pelanggaran terhadap hak anggota partai politik, penyalahgunaan wewenang, pertanggungjawaban keuangan, dan atau keberatan terhadap keputusan partai politik (termasuk keputusan untuk tidak memutuskan terhadap sesuatu hal final dan mengikat dengan Putusan MPP. Sedangkan perselisihan kepengurusan dapat diajukan upaya hukum ke Mahkamah Konstitusi. Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.
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48 CFR 852.233-70 - Protest content/alternative dispute resolution.
2010-10-01
.../alternative dispute resolution. 852.233-70 Section 852.233-70 Federal Acquisition Regulations System... Provisions and Clauses § 852.233-70 Protest content/alternative dispute resolution. As prescribed in 833.106, insert the following provision: Protest Content/Alternative Dispute Resolution (JAN 2008) (a) Any protest...
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ALTERNATIVE DISPUTE RESOLUTION
Directory of Open Access Journals (Sweden)
Mihaela Irina IONESCU
2016-05-01
Full Text Available Alternative dispute resolution (ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC No 2006/2004 and Directive 2009/22/EC (hereinafter „Directive 2013/11/EU” aims to ensure a high level of consumer protection and the proper functioning of the internal market by ensuring that complaints against traders can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are independent, impartial, transparent, effective, simple,quick and fair. Directive 2013/11/EU establishes harmonized quality requirements for entities applying alternative dispute resolution procedure (hereinafter "ADR entity" to provide the same protection and the same rights of consumers in all Member States. Besides this, the present study is trying to present broadly how are all this trasposed in the romanian legislation.
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Directory of Open Access Journals (Sweden)
Yeni Salma Barlinti
2011-01-01
Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
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Resolution of consumer disputes through arbitration with special regard on insurance disputes
Directory of Open Access Journals (Sweden)
Tomić-Petrović Nataša
2014-01-01
Full Text Available Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.
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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.
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Directory of Open Access Journals (Sweden)
Kurniawan Kurniawan
2012-01-01
Full Text Available Consumer dispute can be resolved through on courts or outside the court based on voluntary choice of the parties. Settlement of dispute through the court provisions on the article 45. Dispute of the settlement can be solved out the court by using Consumer Dispute Settlement Body (BPSK.The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty and transparency the information. The existence of BPSK expected equality of justice especially to consumer that aggrieved by consumer. It because the dispute between consumer and producer generally involved in small value so that the consumer hesitate to registered his case to judicial process. There is no adequate between the court fee and indemnification perceived. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized. Keywords: consumers right, consumer’s protection, dispute resolution.
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Cognitive behaviour therapy territory model: effective disputing approach.
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.
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Kalayci, Tuna
This study investigates the relationship between rainfall variation and rain-fed agricultural production in Upper Mesopotamia with a specific focus on Early Bronze Age urban settlements. In return, the variation in production is used to explore stability of urban settlement systems. The organization of the flow of agricultural goods is the key to sustaining the total settlement system. The vulnerability of a settlement system increases due to the increased demand for more output from agricultural lands. This demand is the key for the success of urbanization project. However, without estimating how many foodstuffs were available at the end of a production cycle, further discussions on the forces that shaped and sustained urban settlement systems will be lacking. While large scale fluctuations in the flow of agricultural products between settlements are not the only determinants of hierarchical structures, the total available agricultural yield for each urban settlement in a hierarchy must have influenced settlement relations. As for the methodology, first, Early Bronze Age precipitation levels are estimated by using modern day associations between the eastern Mediterranean coastal areas and the inner regions of Upper Mesopotamia. Next, these levels are integrated into a remote-sensing based biological growth model. Also, a CORONA satellite imagery based archaeological survey is conducted in order to map the Early Bronze Age settlement system in its entirety as well as the ancient markers of agricultural intensification. Finally, ancient agricultural production landscapes are modeled in a GIS. The study takes a critical position towards the traditionally held assumption that large urban settlements (cities) in Upper Mesopotamia were in a state of constant demand for food. The results from this study also suggest that when variations in ancient precipitation levels are translated into the variations in production levels, the impact of climatic aridification on ancient
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Instituting dispute resolution procedures in the Apostolic Faith Mission in Zimbabwe church
Directory of Open Access Journals (Sweden)
Norman Chivasa
2018-01-01
Full Text Available The need to institute dispute resolution procedures in the Apostolic Faith Mission (AFM in Zimbabwe church informs this study. Remarkably, one of the most critical problems facing the AFM in Zimbabwe church is intrachurch disputes, which manifest in diverse forms such as pastors’ transfers disputes, election disputes and pastors’ performance disputes. Such disputes have produced undesirable consequences not only for pastors but also for the wellbeing of the church in general. Intrachurch disputes require internal mechanisms to manage them so that constructive rather than destructive results are achieved. To do this, internal dispute resolution procedures become critical as they provide a framework for the constructive resolution of disputes. The lived experience of disputes in the AFM in Zimbabwe church confirms the appropriateness of systems theory, which states that social institutions are vulnerable to disharmony owing to differing interacting elements. To mitigate the negative impact associated with disputes, this study proposes the need to institute dispute resolution procedures in the AFM in Zimbabwe, because the church currently relies only on disciplinary procedures to address disputes. The study further emphasises that instituting dispute resolution procedures will help the church handle disputes from within its ranks without necessarily involving local courts, which may have negative financial and relationship implications. Finally, the study develops a model for dispute resolution procedures as an instrument that can assist local churches in AFM in Zimbabwe church to handle disputes as and when they arise.
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Alternative Dispute Resolution to the Rescue.
Kassberg, Maria
1989-01-01
Examines the use of mediation and arbitration to settle civil disputes which have been traditionally settled through the courts. Discusses the advantages of alternative forms of dispute resolution. Describes the operations of dispute resolution centers and provides information about the individuals who serve as dispute mediators. (KO)
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75 FR 57233 - 340B Drug Pricing Program Administrative Dispute Resolution Process
2010-09-20
... administrative procedures associated with alternative dispute resolution. Systems must be put in place that... that the alternative dispute resolution process would involve some type of hearing. The hearing could... available to HRSA, such as audits and alternative dispute resolution, the Affordable Care Act provides HRSA...
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The Body Language Behaviours of the Chairs of the Disputes According to the Disputants
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…
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DEFF Research Database (Denmark)
Burke, Danita Catherine
2018-01-01
This is an article written for the Oxford Research Group "Sustainable Security" series. It gives an overview of the dispute of the Northwest Passage and discusses factors which will contribute to the evolution of the dispute in the 21st century. This short contribution summarizes and adds to the ...... to the research recently published by the author through Palgrave Macmillan, Danita Catherine Burke, 2018, International Disputes and Cultural Ideas in the Canadian Arctic...
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CONSIDERATIONS ON ASSESSMENT OF PAYMENT AND SETTLEMENT SYSTEM
Directory of Open Access Journals (Sweden)
Timeea Maria DUMESCU
2014-12-01
Full Text Available Payment and settlement systems are financial instruments that are significant to the financial and banking system. Payment systems are a source of current information and an operative intervention tool by providing oversight use funds in the accounts of the banks. Since their implementation in the banking system structure these systems have evolved continuously in the market requirements, we are encountering major problems are mostly due to strict compliance with international standards, which ensure a high level of safety in their operation and measures by the central bank.
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2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Disputes. 226.90 Section 226.90 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Miscellaneous § 226.90 Disputes. (a) Any dispute under or relating to a grant or agreement shall...
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Sage, William M; Jablonski, Joseph S; Thomas, Eric J
2015-07-01
Honesty and transparency are essential aspects of health care, including in physicians' and hospitals' responses to medical error. Biases and habits associated with medical malpractice litigation, however, may work at cross-purposes with compassion in clinical care and with efforts to improve patient safety. To determine the frequency of nondisclosure agreements in medical malpractice settlements and the extent to which the restrictions in these agreements seem incompatible with good patient care. We performed a retrospective review of medical malpractice claim files, including settlement agreements, for claims closed before (fiscal year 2001-2002), during (fiscal year 2006-2007), and after (fiscal years 2009-2012) the implementation of tort reform in Texas. We studied The University of Texas System, which self-insures malpractice claims that involve 6000 physicians at 6 medical campuses in 5 cities. Nondisclosure provisions in medical malpractice settlements. During the 5 study years, The University of Texas System closed 715 malpractice claims and made 150 settlement payments. For the 124 cases that met our selection criteria, the median compensation paid by the university was $100,000 (range, $500-$1.25 million), and the mean compensation was $185,372. A total of 110 settlement agreements (88.7%) included nondisclosure provisions. All the nondisclosure clauses prohibited disclosure of the settlement terms and amount, 61 (55.5%) prohibited disclosure that the settlement had been reached, 51 (46.4%) prohibited disclosure of the facts of the claim, 29 (26.4%) prohibited reporting to regulatory agencies, and 10 (9.1%) prohibited disclosure by the settling physicians and hospitals, not only by the claimant. Three agreements (2.7%) included specific language that prohibited the claimant from disparaging the physicians or hospitals. The 50 settlement agreements signed after tort reform took full effect in Texas (2009-2012) had stricter nondisclosure provisions than the
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Directory of Open Access Journals (Sweden)
Kurniawan
2012-01-01
Full Text Available Consumer dispute can be resolved through on courts or outside the court based on voluntary choice of the parties. Settlement of dispute through the court provisions on the article 45. Dispute of the settlement can be solved out the court by using Consumer Dispute Settlement Body (BPSK.The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty and transparency the information. The existence of BPSK expected equality of justice especially to consumer that aggrieved by consumer. It because the dispute between consumer and producer generally involved in small value so that the consumer hesitate to registered his case to judicial process. There is no adequate between the court fee and indemnification perceived. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized.
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Let's talk conflict: using mediation in healthcare security disputes.
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.
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48 CFR 49.109-5 - Partial settlements.
2010-10-01
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Partial settlements. 49... MANAGEMENT TERMINATION OF CONTRACTS General Principles 49.109-5 Partial settlements. The TCO should attempt... settlements covering particular items of the prime contractor's settlement proposal. However, when a TCO...
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METHODOLOGICAL APPROACHES FOR MODELING THE RURAL SETTLEMENT DEVELOPMENT
Directory of Open Access Journals (Sweden)
Gorbenkova Elena Vladimirovna
2017-10-01
Full Text Available Subject: the paper describes the research results on validation of a rural settlement developmental model. The basic methods and approaches for solving the problem of assessment of the urban and rural settlement development efficiency are considered. Research objectives: determination of methodological approaches to modeling and creating a model for the development of rural settlements. Materials and methods: domestic and foreign experience in modeling the territorial development of urban and rural settlements and settlement structures was generalized. The motivation for using the Pentagon-model for solving similar problems was demonstrated. Based on a systematic analysis of existing development models of urban and rural settlements as well as the authors-developed method for assessing the level of agro-towns development, the systems/factors that are necessary for a rural settlement sustainable development are identified. Results: we created the rural development model which consists of five major systems that include critical factors essential for achieving a sustainable development of a settlement system: ecological system, economic system, administrative system, anthropogenic (physical system and social system (supra-structure. The methodological approaches for creating an evaluation model of rural settlements development were revealed; the basic motivating factors that provide interrelations of systems were determined; the critical factors for each subsystem were identified and substantiated. Such an approach was justified by the composition of tasks for territorial planning of the local and state administration levels. The feasibility of applying the basic Pentagon-model, which was successfully used for solving the analogous problems of sustainable development, was shown. Conclusions: the resulting model can be used for identifying and substantiating the critical factors for rural sustainable development and also become the basis of
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46 CFR 205.5 - Contracts containing disputes article.
2010-10-01
... 46 Shipping 8 2010-10-01 2010-10-01 false Contracts containing disputes article. 205.5 Section 205... AUDIT APPEALS; POLICY AND PROCEDURE § 205.5 Contracts containing disputes article. When a contract contains a disputes article, the disputes article will govern the bases for negotiating disputes regarding...
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Energy Technology Data Exchange (ETDEWEB)
NONE
2003-08-01
This document is a project of good practice manual for the commercial relations between energy suppliers and their clients: prohibition of dishonest practices (fake, aggressive practices, joint sales, lack of information, abuse of vulnerable clients), remote sales and canvassing, pre-contractual information, minimum content of contracts (products and proposed services, tariffs, modalities and conditions of payment, meters, refusal to supply, supply disruption, commitment duration, rescinding, contract renewing, cancellation, contract transfer, modification of contracts in progress, procedure of dispute settlement), minimum content of bills (monthly bill, annual bill); contracts renewing, cancellation, transfer and modification; control and procedure of dispute settlement, disregard of the reference system. (J.S.)
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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.
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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.
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Directory of Open Access Journals (Sweden)
Sladjana Eftimova
2015-07-01
Full Text Available The structure of the legal system, through history until today mostly depends on law and policy which is conducted by the country. In European countries, there is position for historical and cultural conceptions for administrative judicature, differences and similarity that leave mark for solving administrative disputes. The obligation – an internal judicial reform to be established in legal system, is conducted by each of the countries after the breaking down and division of Social Federative Republic of Yugoslavia or SFRY due to following the European law for constitution of legitimacy and constitutionality of acts as well as implementing of independent administrative judicature. Analyze of the current condition regarding the independency and objectiveness of the judicature is necessary in our country and it is important to be seen how the conditions for working of the administrative judicature can be improved.
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48 CFR 49.110 - Settlement negotiation memorandum.
2010-10-01
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Settlement negotiation... CONTRACT MANAGEMENT TERMINATION OF CONTRACTS General Principles 49.110 Settlement negotiation memorandum. (a) The TCO shall, at the conclusion of negotiations, prepare a settlement negotiation memorandum...
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Heating and cogenerative systems in urban settlements and industry. Symposium proceedings - Book 2
International Nuclear Information System (INIS)
2000-01-01
The aim of the symposium is to present cogeneration systems for energy production and the district heating systems normally connected to them. Nowadays, it is the most exploited topic with the most potential in the field of energy in general. The reason for this is the expansion of the implementation of natural gas, ecological limitations imposed upon the local and global polluters and the need for such energy sources in the power systems. Divided into topical wholes it is analysed potential sources of heat, transport system, distribution and regulation of the delivered energy to the consumers, manners of rational use of heat in the urban settlements and manners of ownership transformation of heat supplying systems of the urban settlements. Papers relevant to INIS are indexed separately
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The role of health care ADR (alternative dispute resolution) in reducing legal fees.
Joseph, D M
1995-11-01
An increasingly complex health care system undergoing rapid changes is an ideal set-up for frequent conflicts among the numerous participants. While conflict is inevitable, the manner in which it is handled can markedly affect the outcome of the dispute and the future relationship of the parties, as well as the emotional and financial cost of the dispute. This article presents an overview of the principles and processes of alternative dispute resolution (ADR), and describes how these processes are currently being used to resolve health care disputes.
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Directory of Open Access Journals (Sweden)
Paula Poretti
2015-01-01
Full Text Available The reform process of family law was initiated with one aim to promote protection of family and children and harmonize Croatian law with European and international standards in this field. In this respect, the intervention institute governed by Croatian family law with the purpose to facilitate reconciliation or in cases where reconciliation between spouses is not achieved, to provide information regarding legal consequences of divorce and possibly to achieve agreement between spouses as for their relationship in future was deemed inadequate in regards to the approach provided by European documents on regulation of peaceful resolution of family disputes. Under the influence thereof, new family legislation redefines intervention and introduces mandatory counselling and family mediation as foundations of the system of alternative dispute resolution of all family disputes in Croatian law.
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Directory of Open Access Journals (Sweden)
Anas Audeh
2018-04-01
Full Text Available More than two decades ago, the EU upgraded its preferential trade with Israel. Many EU member states and European multinational companies violate the European Commission’s mandatory directives on excluding the Israeli settlements’ economy from the preferential treatment of free customs duties. This article argues that the settlements’ economy is correlated to a structural injustice in the supply chain, through the imposition of a coercive environment in the Occupied Palestinian Territories. Many European multinational companies trade in Israeli settlements and partially contribute to the structural injustice. The European Commission tackles the structural injustice by a framework of technical arrangements, but such a framework is unsuccessful due to the thoughtlessness and bad faith expressed by those actors linked to enterprises in the settlements, and due to the lack of normative standards and an operational framework of responsibility. This article challenges the longstanding argument in literature that the problem in the EU-Israeli settlements trade is not only a mere territorial and border dispute, using a mixed method of quantitative datasets and discourse analysis.
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Leland, Brian D; Torke, Alexia M; Wocial, Lucia D; Helft, Paul R
2017-10-01
Futility disputes in the intensive care unit setting have received significant attention in the literature over the past several years. Although the idea of improving communication in an attempt to resolve these challenging situations has been regularly discussed, the concept and role of trust building as the means by which communication improves and disputes are best navigated is largely absent. We take this opportunity to review the current literature on futility disputes and argue the important role of broken trust in these encounters, highlighting current evidence establishing the necessity and utility of trust in both medical decision-making and effective communication. Finally, we propose a futility dispute navigation model built upon improved communication through trust building.
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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.
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48 CFR 249.110 - Settlement negotiation memorandum.
2010-10-01
... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Settlement negotiation memorandum. 249.110 Section 249.110 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE CONTRACT MANAGEMENT TERMINATION OF CONTRACTS General Principles 249.110 Settlement negotiation memorandum. Follow...
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Contentious Issues Arising from Payments made in Full and Final Settlement
Directory of Open Access Journals (Sweden)
R Ismail
2008-12-01
Full Text Available Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion: Be Bop A Lula Manufacturing & Printing v Kingtex Marketing 2008 3 SA 327 (SCA. The Supreme Court of Appeal reversed the judgments of the trial court and the appeal court (full bench of the Cape Provincial Division which were in favour of the creditor. In such cases, the essential enquiry is whether an agreement of compromise exists. A transactio or compromise (in the form of a legal agreement exists where the relevant parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance. The first material enquiry in this case wherein the debtor delivered the cheque payment to the creditor (in full and final settlement of the account, is whether 1 an intended offer of compromise exists; or 2 did the debtor merely intend to make payment towards an admitted liability. The court in the Be Bop (SCA case came to the correct finding that an offer of compromise existed. Whilst the judgment is brief, the finding itself gives practical recognition to the principle that admission of liability for a specific amount, accompanied by payment (in full and final settlement, may still be accompanied by an intended offer of compromise, instead of merely making payment towards an admission of liability.
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13 CFR 130.630 - Dispute resolution procedures.
2010-01-01
... organization has supplied the Committee with all requested documentation. (b) Programmatic (non-financial... DEVELOPMENT CENTERS § 130.630 Dispute resolution procedures. (a) Financial Disputes. (1) A recipient organization wishing to resolve a financial Dispute formally must submit a written statement describing the...
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47 CFR 1.18 - Administrative Dispute Resolution.
2010-10-01
... adopted an initial policy statement that supports and encourages the use of alternative dispute resolution... policy to encourage the fullest possible use of alternative dispute resolution procedures in its... provisions dealing with confidentiality, shall also be applied in Commission alternative dispute resolution...
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14 CFR 17.31 - Use of alternative dispute resolution.
2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Use of alternative dispute resolution. 17... PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.31 Use of alternative dispute resolution. (a) The Office of Dispute Resolution for Acquisition shall encourage the...
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Development of a Common Nordic Balance Settlement
Energy Technology Data Exchange (ETDEWEB)
NONE
2006-02-15
NordREG finds it essential for the customers that a common integrated end-user electricity market is developed and that all end-users are able to take part in the Nordic market. A common Nordic balance settlement is one important part of such a change. However, attention has to be paid to the comments that a badly designed common system is worse than well-designed national systems. It is thus important that the change to a common balance settlement is so thoroughly investigated that the common system gives a basis for a well-functioning market. An important basis for such a change is an agreed vision for the process: The present different systems for balance settlement shall by the year 2010 be replaced by a common Nordic balance settlement. This means that: It will be possible for a supplier to sell to the whole Nordic market from one legal entity and using only one system for customer management and reporting. The common Nordic balance settlement will be designed in such a way that it contributes to a well functioning market. This means for example that it will be attractive even for small suppliers and some end-users to be balance responsible parties. It is feasible that the first phase is focused on those present differences that are most decisive for fulfilment of the vision. NordREG recommends that the following issues shall be discussed and agreed in co-operation between NordREG, Nordel and relevant stakeholders in the first phase: The definition shall include how the common Nordic balance settlement shall interact with the balance control and the balance regulation of the interconnected power system and the balance settlement between countries performed by the TSOs. The definition should include the cost-base for common Nordic balance settlement in relation to other system responsibility costs. The core activities of system responsibility have also been analyzed by NordREG. It is important to find a balance between inter alia the need for simplicity and the
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Development of a Common Nordic Balance Settlement
International Nuclear Information System (INIS)
2006-02-01
NordREG finds it essential for the customers that a common integrated end-user electricity market is developed and that all end-users are able to take part in the Nordic market. A common Nordic balance settlement is one important part of such a change. However, attention has to be paid to the comments that a badly designed common system is worse than well-designed national systems. It is thus important that the change to a common balance settlement is so thoroughly investigated that the common system gives a basis for a well-functioning market. An important basis for such a change is an agreed vision for the process: The present different systems for balance settlement shall by the year 2010 be replaced by a common Nordic balance settlement. This means that: It will be possible for a supplier to sell to the whole Nordic market from one legal entity and using only one system for customer management and reporting. The common Nordic balance settlement will be designed in such a way that it contributes to a well functioning market. This means for example that it will be attractive even for small suppliers and some end-users to be balance responsible parties. It is feasible that the first phase is focused on those present differences that are most decisive for fulfilment of the vision. NordREG recommends that the following issues shall be discussed and agreed in co-operation between NordREG, Nordel and relevant stakeholders in the first phase: The definition shall include how the common Nordic balance settlement shall interact with the balance control and the balance regulation of the interconnected power system and the balance settlement between countries performed by the TSOs. The definition should include the cost-base for common Nordic balance settlement in relation to other system responsibility costs. The core activities of system responsibility have also been analyzed by NordREG. It is important to find a balance between inter alia the need for simplicity and the
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48 CFR 1233.214 - Alternative dispute resolution (ADR).
2010-10-01
... Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1990, Public Law... Specialist, who is responsible for the operations of the Center for Alternative Dispute Resolution, (C-4... alternative means of dispute resolution set forth in the ADRA, 5 U.S.C. 571(3) on a non-reimbursable basis for...
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Settlement characteristics of major infrastructures in Shanghai
Directory of Open Access Journals (Sweden)
X. Jiao
2015-11-01
Full Text Available Critical infrastructures in Shanghai have undergone uneven settlement since their operation, which plays an important role in affecting the security of Shanghai. This paper, taking rail transportation as example, investigates settlement characteristics and influencing factors of this linear engineering, based on long-term settlement monitoring data. Results show that rail settlement is related to geological conditions, regional ground subsidence, surrounding construction activities and structural differences in the rail systems. In order to effectively decrease the impact of regional ground subsidence, a monitoring and early-warning mechanism for critical infrastructure is established by the administrative department and engineering operators, including monitoring network construction, settlement monitoring, information sharing, settlement warning, and so on.
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Construction dispute research conceptualisation, avoidance and resolution
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...
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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.
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Alternative dispute resolution mechanisms, plea bargain and ...
African Journals Online (AJOL)
Conflicts, disputes, disagreements, problems and issues are inevitable in human affairs. Most of these disputes and problems in some circumstances give rise to offences for which a criminal prosecution becomes necessary. One can say that Alternative Dispute Resolution (ADR) is used all round the world to resolve ...
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Heating and co-generative systems in urban settlements and industry. Symposium proceedings - Book 1
International Nuclear Information System (INIS)
2000-01-01
The aim of the symposium is to present cogeneration systems for energy production and the district heating systems normally connected to them. Nowadays, it is the most exploited topic with the most potential in the field of energy in general. The reason for this is the expansion of the implementation of natural gas, ecological limitations imposed upon the local and global polluters and the need for such energy sources in the power systems. Divided into topical wholes it is analysed potential sources of heat, transport system, distribution and regulation of the delivered energy to the consumers, manners of rational use of heat in the urban settlements and manners of ownership transformation of heat supplying systems of the urban settlements. Papers relevant to INIS are indexed separately
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29 CFR 18.9 - Consent order or settlement; settlement judge procedure.
2010-07-01
... has sole discretion to decide whether to appoint a settlement judge, except that a settlement judge... assigned to hear and decide the case. (ii) The settlement judge shall not be appointed to hear and decide... 29 Labor 1 2010-07-01 2010-07-01 true Consent order or settlement; settlement judge procedure. 18...
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25 CFR 1000.422 - How must disputes be handled?
2010-04-01
... Title I-eligible program disputes may use non-binding informal alternative dispute resolution at the... this alternative dispute resolution any time before the issuance of an initial decision of a formal appeal(s). The appeals timetable will be suspended while alternative dispute resolution is pending. ...
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14 CFR 17.33 - Election of alternative dispute resolution process.
2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Election of alternative dispute resolution... TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.33 Election of alternative dispute resolution process. (a) The Office of Dispute Resolution for...
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76 FR 55217 - Procedures for Protests and Contracts Dispute
2011-09-07
... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Amdt. No. 17-1] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early...
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48 CFR 2922.101-3 - Reporting labor disputes.
2010-10-01
... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Reporting labor disputes. 2922.101-3 Section 2922.101-3 Federal Acquisition Regulations System DEPARTMENT OF LABOR SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Basic Labor Policies 2922.101-3 Reporting...
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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
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Disputing strategies in medieval Scandinavia
DEFF Research Database (Denmark)
Orning, Hans Jacob
In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour...... studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies....
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13 CFR 134.216 - Alternative dispute resolution procedures.
2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Alternative dispute resolution....216 Alternative dispute resolution procedures. At any time during the pendency of a case, the parties may submit a joint motion requesting that the Judge permit the use of alternative dispute resolution...
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International Nuclear Information System (INIS)
Ferrier, R.W.
1988-01-01
This paper traces the history of the Anglo-Iranian oil dispute. It is short-sighted to consider the Anglo-Iranian oil dispute just as a contest between Musaddiq and the AIOC: it is of wider and greater significance. The dispute illustrates a transitional phase in the difficult process of the adjustment of relations between industrialized and less developed societies for the exploitation of raw materials. Oil was already becoming a political and economic factor at the end of the Qajar period and became important during the reign of Riza Shah with his emphasis on a national program of modernization. After more attention had been focused on it during the second world war it was inevitable that it would increase in influence. The issues of the oil dispute referred back to the concessional controversies of the late nineteenth century in tobacco, mining, communications, utilities, banking even gambling, with their political and social implications; and they referred forward to the issues of the sovereignty of national resources, the transfer of technology and economic growth in relation to the standard of living. These are aspects of the North-South debate, which have yet to be satisfactorily resolved
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Biological challenges of true space settlement
Mankins, John C.; Mankins, Willa M.; Walter, Helen
2018-05-01
"Space Settlements" - i.e., permanent human communities beyond Earth's biosphere - have been discussed within the space advocacy community since the 1970s. Now, with the end of the International Space Station (ISS) program fast approaching (planned for 2024-2025) and the advent of low cost Earth-to-orbit (ETO) transportation in the near future, the concept is coming once more into mainstream. Considerable attention has been focused on various issues associated with the engineering and human health considerations of space settlement such as artificial gravity and radiation shielding. However, relatively little attention has been given to the biological implications of a self-sufficient space settlement. Three fundamental questions are explored in this paper: (1) what are the biological "foundations" of truly self-sufficient space settlements in the foreseeable future, (2) what is the minimum scale for such self-sustaining human settlements, and (3) what are the integrated biologically-driven system requirements for such settlements? The paper examines briefly the implications of the answers to these questions in relevant potential settings (including free space, the Moon and Mars). Finally, this paper suggests relevant directions for future research and development in order for such space settlements to become viable in the future.
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Literacy, Numeracy and Alternative Dispute Resolution
Cumming, J. Joy; Wilson, Janice M.
2005-01-01
The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal…
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Trend Spotting: NAFTA Disputes After Fifteen Years
Lawrence L. Herman
2010-01-01
Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the b...
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The Pact of Bogota: Cases and Practice
Directory of Open Access Journals (Sweden)
María Teresa Infante Caffi
2017-03-01
Full Text Available The jurisdiction of the International Court of Justice (ICJ under the Pact of Bogota (1948 is part of a system of norms attributing competenceto the referenced tribunal along with other means of settlement. The system sets out principles and general exceptions applicable to all the means of peaceful settlement embodied in the Pact. This study will topic relates to the theory of dispute settlement and treaty interpretation hemispheric politics and diplomacy.
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Prediction of future dispute concerning nuclear power generation
International Nuclear Information System (INIS)
1981-04-01
This investigation is the third research on the public acceptance of nuclear power generation by the National Congress on Social Economics. In this study, how the energy dispute including that concerning nuclear power generation will develop in 1980s and 1990s, how the form of dispute and the point of controversy will change, were predicted. Though the maintenance of the concord of groups strongly regulates the behavior of people, recently they have become to exercise individual rights frequently. The transition to the society of dispute is the natural result of the modernization of society and the increase of richness. The proper prediction of social problems and the planning and execution of proper countermeasures are very important. The background, objective, basic viewpoint, range and procedure of this investigation, the change of social dispute, the history of the dispute concerning nuclear power generation, the basic viewpoint in the prediction of the dispute concerning nuclear power generation, the social situation in 1980s, the prediction and avoidance of the dispute in view of social and energy situations, and the fundamental strategy for seeking a clue to the solution in 1980s and 1990s are described. The establishment of neutral mediation organs and the flexible technologies of nuclear reactors are necessary. (Kako, I.)
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Mediation in complex multi-party disputes
Kamminga, Y.P.; Blohorn-Brenneur, B.
2013-01-01
Mediation is on the rise but it is lagging behind in certain fields such as in the resolution of complex disputes. This article addresses how biases in the decision-making process for selecting either mediation or litigation surrounding dispute resolution works in the disadvantage of mediation. It
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Directory of Open Access Journals (Sweden)
Alina Oprea
2016-11-01
Full Text Available The problem enforceability of agreements conferring jurisdiction to persons other than the parties that have accepted knows no textual legal settlement in European procedural law. Through its action, the European Court of Justice, however, brought important clarifications in the matter, without following yet a uniform: the disputes brought before it, the high European court preferred for certain hypotheses to consider solutions of national law, effectiveness agreements conferring jurisdiction admissible conditioning; other times, she opted for the formulation of European autonomous substantive rules recognizing or, alternatively, directly denying their effectiveness. In an attempt to bring more clarity in the matter, the study proposes a review of existing solutions, identifying their justifications and offering several key milestones that should be considered in solving concrete problems in practice.
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Problems and Alternatives of Settlement Lagoons for Mine Water Treatment System
Lee, Dong-Kil
2015-04-01
A field test and computational flow analysis were conducted to identify the structural problems with existing settlement lagoons and to propose effective alternatives. When it comes to existing settlement lagoons without any specifically designed internal structure, mine water flows along a specific route while other regions remained stagnant. Such a flow pattern along a specific region causes a significant reduction in retention time as well as the ineffective use of the space in a settlement lagoon. When applying the modified settlement lagoon design proposed in this study, the flow distribution of mine drainage became uniform and the time taken for mine drainage to reach the outlet was improved by as much as 360 times and the exchange efficiency was significantly enhanced from 14.5% to 82.7%.
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25 CFR 42.4 - What are alternative dispute resolution processes?
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false What are alternative dispute resolution processes? 42.4... What are alternative dispute resolution processes? Alternative dispute resolution (ADR) processes are... use them, contact the Office of Collaborative Action and Dispute Resolution by: (1) Sending an e-mail...
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Emina, Jacques; Beguy, Donatien; Zulu, Eliya M; Ezeh, Alex C; Muindi, Kanyiva; Elung'ata, Patricia; Otsola, John K; Yé, Yazoumé
2011-06-01
The Nairobi Urban Health and Demographic Surveillance System (NUHDSS) was set up in Korogocho and Viwandani slum settlements to provide a platform for investigating linkages between urban poverty, health, and demographic and other socioeconomic outcomes, and to facilitate the evaluation of interventions to improve the wellbeing of the urban poor. Data from the NUHDSS confirm the high level of population mobility in slum settlements, and also demonstrate that slum settlements are long-term homes for many people. Research and intervention programs should take account of the duality of slum residency. Consistent with the trends observed countrywide, the data show substantial improvements in measures of child mortality, while there has been limited decline in fertility in slum settlements. The NUHDSS experience has shown that it is feasible to set up and implement long-term health and demographic surveillance system in urban slum settlements and to generate vital data for guiding policy and actions aimed at improving the wellbeing of the urban poor.
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NILAI LOKAL SEBAGAI MODEL MEDIASI PERDATA DI INDONESIA
Directory of Open Access Journals (Sweden)
Lahmuddin Zuhri
2017-06-01
Full Text Available Indonesian society in general does not view land only as economic capital, but perceive the value of land more from a cultural-ecological religious perspective. How land is valued from this perspective and the way it influences method of land dispute settlements at the local level may be used to develop alternate models of land dispute settlement at the national level. A legal anthropological approach is used here to examine mediation as the basic approach to settle land disputes. The main argument here is that mediation, which put forth local wisdom, consensus building with full society participation, should be prioritized in developing alternate methods of land dispute settlements.
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2012-11-09
....S.C. 791 et seq.; the Equal Pay Act, 29 U.S.C. 206(d); the Genetic Information Nondiscrimination Act... DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records--Alternative Dispute Resolution... with the Privacy Act of 1974, as amended, 5 U.S.C. 552a (Privacy Act), the Department of Education...
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Joseph, D M
1995-01-01
Conflict is a growth industry, particularly in an increasingly complex health care system. Litigation is the most common, and most costly, method of settling health care disputes. Highly adversarial, the process of litigation often generates as much, if not more, hostility than the original dispute. In addition, satisfaction with the outcome is very low. The challenge that has arisen is to manage the conflicts so that the underlying needs and interests of all the parties can best be met. Often the techniques and processes of alternative dispute resolution (ADR) can be successfully used in resolving these sorts of conflicts quickly, cheaply and with greater satisfaction for all parties. Various applications of ADR are currently being used or tested in a variety of health care disputes in the United States and Canada. Tremendous success has been achieved in mediating medical malpractice claims, medical staff disputes, economic credentialing conflicts, insurer relations issues and denial of coverage disputes. Professional relations and departmental staff disputes, partnership and employee conflicts, and organizational disputes within clinics, HMOs and large group practices have all been found particularly amenable to ADR. These are all situations in which everyone benefits from quick, non-hostile resolutions and on-going relationships can continue.
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Disputing strategies in medieval Scandinavia
DEFF Research Database (Denmark)
Orning, Hans Jacob
In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour......, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using...... practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute...
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Directory of Open Access Journals (Sweden)
John Zeleznikow
2017-05-01
Full Text Available The growing rise in the number of self-represented litigants has negative implications for both the court system and access to justice. The expanding use of Artificial Intelligence and the World Wide Web has led to the development and use of Online Dispute Resolution. In this article we investigate a number of systems in Australian Family Law that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that incorporates advice about BATNAs and potential trade-offs as well as allowing online communication can enhance access to justice.
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PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR
Directory of Open Access Journals (Sweden)
Joko Nur Sariono
2006-07-01
Full Text Available ADR represent alternative of solving of extrajudical done law dispute that is passing process of negonisasi and of mediasi and of abitrase for the process of and negonisasi of mediasi represent process of is solving of dispute compromisely with result of troubleshooting with while abitrasi represent process of solving of dispute by compromise of negonisasi compete which decision have the character of final.
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Fraser, J J
2001-03-01
The purpose of this technical report is to provide pediatricians with an understanding of past crises within the professional liability insurance industry, the difficulties of the tort system, and alternative strategies for resolving malpractice disputes that have been applied to medical malpractice actions. Through this report, pediatricians will gain a technical understanding of common alternative dispute resolution (ADR) strategies. The report explains the distinctions between various ADR methods in terms of process and outcome, risks and benefits, appropriateness to the nature of the dispute, and long-term ramifications. By knowing these concepts, pediatricians faced with malpractice claims will be better-equipped to participate in the decision-making with legal counsel on whether to settle, litigate, or explore ADR options.
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The Settlements Growth in Mijen District, Suburb of Semarang
Pigawati, B.; Yuliastuti, N.; Mardiansjah, F. H.
2018-02-01
Semarang is one of metropolitan cities in Indonesia. As common in metropolitan cities, Semarang has problems regarding the availability of urban space, especially for settlements. This is related to the increase of population in Semarang. The selection of settlements should consider the suitability of space usage. This study aimed to analyze the growth of Semarang settlements in 2006-2015, distribution patterns, characteristics, directions and factors affecting growth. The location of the research is Mijen District located in Suburb of Semarang. This research used a quantitative descriptive spatial approach by using remote sensing technique and Geographic Information System (GIS). The results showed that some of the growth sites of settlements in Mijen District, the suburb of Semarang are located in areas which not suitable for settlements. There are several types of settlement patterns in Mijen District. Accessibility is the major factor driving the growth of settlements. An integrated development policy is needed to maintain a sustainable balance of urban settlement development.
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24 CFR 7.5 - EEO Alternative Dispute Resolution Program.
2010-04-01
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution... Provisions § 7.5 EEO Alternative Dispute Resolution Program. In accordance with the Secretary's Policy Statement regarding Alternative Dispute Resolution (ADR) located on the Department's website and 29 CFR 1614...
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2010-01-01
... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Settlement. 785.17 Section 785.17... Settlement. (a) Settlements before issuance of a NOVA. When the parties have agreed to a settlement of the case prior to issuance of a NOVA, a settlement proposal consisting of a settlement agreement and order...
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48 CFR 53.301-1438 - Settlement Proposal (Short Form).
2010-10-01
... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Settlement Proposal (Short Form). 53.301-1438 Section 53.301-1438 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION (CONTINUED) CLAUSES AND FORMS FORMS Illustrations of Forms 53.301-1438 Settlement Proposal (Short...
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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.
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28 CFR 35.176 - Alternative means of dispute resolution.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES Compliance Procedures § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute...
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4 CFR 22.24 - Alternative Dispute Resolution [Rule 24].
2010-01-01
... 4 Accounts 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution [Rule 24]. 22.24 Section... GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD § 22.24 Alternative Dispute Resolution [Rule 24]. (a) Docketed appeals. The Board considers Alternative Dispute Resolution (ADR) to be an efficient way to timely...
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Directory of Open Access Journals (Sweden)
John Frow
2011-04-01
Full Text Available The paper explores the idea of settlement in each of its three major senses: as a place of human habitation; as a fixed and stable order of habitation; and as a political consensus reconciling fractious groups. Arguing that traditional accounts of settlement depend, with a kind of pastoral nostalgia, upon a view of abstraction and social complexity as in themselves harmful, it follows through the implications of the concept for ways of dealing with the stranger, and it uses a drawing by the nineteenth-century indigenous Australian artist Tommy McRae, done about 1890 and entitled Corroboree, or William Buckley and dancers from the Wathaurong people, to propose a counterfactual model through which a settlement with the stranger might be imagined.
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24 CFR 7.26 - EEO Alternative Dispute Resolution Program.
2010-04-01
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution...-Complaint Processing § 7.26 EEO Alternative Dispute Resolution Program. (a) The aggrieved person may elect... chosen, the EEO Counselor shall advise the aggrieved person that if the dispute is resolved during the...
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Penyelesaian Sengketa Perjanjian Syariah pada Lembaga Keuangan Syariah
Directory of Open Access Journals (Sweden)
Maskufa Maskufa
2015-10-01
Full Text Available Dispute settlement in Islamic tradition has been carried out since the era of Prophet Muhammad SAW. This is done through the courts (litigation and through shulh, fatwa, mazhalim, and hisbah, known as non-litigation. The form of muamalah dispute settlement especially applicable nowadays is almost the same as those prevailing at the time of the Prophet. Litigation through the judicial institutions and non-litigation settlement called as alternative dispute resolution (ADR is known by the term shulh in fiqh, while the path through arbitration is knows in fiqh as tahkimDOI: 10.15408/aiq.v5i1.2113
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76 FR 2035 - Procedures for Protests and Contracts Dispute
2011-01-12
... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Notice No. 10-18] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... brought against the FAA and contract disputes brought against or by the FAA. It would also add a voluntary...
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29 CFR 5.11 - Disputes concerning payment of wages.
2010-07-01
... 29 Labor 1 2010-07-01 2010-07-01 true Disputes concerning payment of wages. 5.11 Section 5.11... Provisions and Procedures § 5.11 Disputes concerning payment of wages. (a) This section sets forth the procedure for resolution of disputes of fact or law concerning payment of prevailing wage rates, overtime...
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Dezalay, Sara
2016-01-01
Where does international justice draw its authority in an international scene largely driven by self-regulated professional markets for the settlement of transnational disputes? To revisit this classical debate, this article connects the professional and social structure of dispute settlement mechanisms to their social credibility among users of international justice. Drawing on extensive biographical databases, it suggests that the growth of investor-state disputes is favoring a shift from a...
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Application of alternative dispute resolution in the field of construction projects
Yaskova, Natalia; Zaitseva, Larisa
2017-10-01
The article deals with the features of the Russian Federation legal system that do not allow to fully bring into effect the potential of the out-of-court dispute resolution due to the specific nature of contracts and subject composition of legal relations, especially in the field of construction projects. Examples of these methods are analyzed on the basis of the experience of foreign countries, suggestions for their development are stated, and types of disputes are studied, within which abuse of rights in contractual obligations is possible.
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2010-07-01
... 29 Labor 2 2010-07-01 2010-07-01 false Settlement. 102.151 Section 102.151 Labor Regulations... Expenses § 102.151 Settlement. The applicant and the General Counsel may agree on a proposed settlement of... on a proposed settlement of an award before an application has been filed, the proposed settlement...
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2010-04-01
... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlements. 10.108 Section 10... to the Commission; Settlements § 10.108 Settlements. (a) When offers may be made. Parties may at any time during the course of the proceeding propose offers of settlement. All offers of settlement shall...
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2010-01-01
... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Settlement. 719.19 Section 719.19... Settlement. (a) Settlements before issuance of a NOVA. When the parties have agreed to a settlement of the case, the Director of the Office of Export Enforcement will recommend the settlement to the Secretary...
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Quebec-Vermont dispute may upset export plans
International Nuclear Information System (INIS)
McArthur, D.; Salaff, S.
1999-01-01
A major trade dispute between Hydro-Quebec and a group of Vermont utilities arising out of Hydro-Quebec's inability to live up to its contractual obligations to supply electricity to the Vermont group during the January 1998 ice storm is discussed. The Vermont Group initiated legal action against Hydro-Quebec, claiming refund of $ 27 million and termination of the contract . The Vermont utilities claim that the storm has revealed the weakness of the design, construction, operation and maintenance of Hydro-Quebec's transmission system. In its defence, Hydro-Quebec asserts that its transmission system meets industry standards, considers the storm 'an act of God' and invoked 'force majeure' when it ceased supplying power to Vermont last year. Hydro-Quebec further alleges that the Vermont utilities are using the storm as a pretext to end or renegotiate the contract. Hydro-Quebec asked the Canadian government to intervene under NAFTA, alleging trade harassment by the Vermont Public Service Commission (VPSC) when it restricted Vermont utility rate increases. In a countermove, Vermont U.S. Senator Jim Jeffords threatened future power exports by Canada to the U.S. for pursuing a NAFTA complaint, thereby hoping to influence negotiations between Hydro-Quebec and the Vermont utilities. The latest development in this dispute, which potentially threatens the development of 4000 MW of new hydroelectric development at Churchill Falls, Labrador, is that the dispute may now be settled with an auctioning of the contract. If the U.S. were to block the import of new power from Churchill Falls, the project could be jeopardized. However, the contract auction may well avoid such major international ramifications and a full-fledged trade war between Canada and the United States
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76 FR 55136 - Implementation of the Alternative Dispute Resolution Program
2011-09-06
... NUCLEAR REGULATORY COMMISSION [NRC-2011-0208] Implementation of the Alternative Dispute Resolution... stakeholders on its Alternative Dispute Resolution (ADR) Program in the Office of Enforcement (OE). The meeting... INFORMATION: I. Background Congress enacted the Administrative Dispute Resolution Act (Act) which requires...
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14 CFR Appendix A to Part 17 - Alternative Dispute Resolution (ADR)
2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) A...—Alternative Dispute Resolution (ADR) A. The FAA dispute resolution procedures encourage the parties to..., pursuant to the Administrative Dispute Resolution Act of 1996, Pub. L. 104-320, 5 U.S.C. 570-579, and...
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2010-07-01
... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Settlements. 20.502 Section 20... Settlements § 20.502 Settlements. (a) The parties may submit a proposed settlement to the ALJ. (b) The proposed settlement must be in the form of a proposed decision, accompanied by a motion for its entry. The...
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Mediation for resolving family disputes
Directory of Open Access Journals (Sweden)
Kamenecka-Usova M.
2016-01-01
Full Text Available Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.
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The South China Sea Dispute: Perspective of International Law
Ma, Xuechan
2016-01-01
This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.
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Dispersed and decentralised settlement system
Directory of Open Access Journals (Sweden)
Andrej Černe
2004-01-01
Full Text Available In the process of reintegration of the urban system new settlements are emerging on theurban rim, transitional zones are reurbanised, derelict areas within the cities are being developedand degraded urban areas of derelict industrial complexes are being renaturalised. Inthe periphery combined research and production parks are being set up, in the open landscapeintegrated business, trade and recreational centres are springing up. Decentralisationand recentralisation of focal points of development accompany the contemporary processesof reurbanisation and suburbanisation – they are simultaneous and move in two-direction i.e. to and from the city. We understand them as manifestation of a dynamic balance amongcontradiction existing between the centre and the rim. Deindustrialisation and relocation ofproduction and distribution from the centres of gravity to the periphery generate extensivedegraded urban areas within cities and between the city and suburbs. The periphery is beingurbanised with the creation of new, dispersed and nonhierachical poles of development, andthe city and inner city is undergoing reurbanization. The general environmental conditionsin the city and in the countryside are being equalised, the potentials of development arebeing sought in the comparative advantages of local conditions: be it attractive urban districts,be it suburban entities or countryside areas.
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Медиация в трудовом законодательстве Украины
Чудык-Белоусова, Надежда Ивановна; Chudyk-Bilousova, Nadia
2016-01-01
The article studies the need to implement procedures for the settlement of collective labour dispute as a conflict of interest with the use of mediation. It has been established that conflicts of interest arise between the parties mainly in the period of preparation and discussion of the collective agreement. Settlement of disputes and solving such disputes shall be settled by separate, independent legislation specific procedures. Current Ukrainian legislation does not exclude the possibility...
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Macrofauna Settlement on Pearl Oyster Collectors in Kenya ...
African Journals Online (AJOL)
Key words: Pearl oysters, seed collection, macrofauna, bivalves, settlement, monsoon seasons,. Kenya .... have shown that pearl oyster settlement is higher within calm ...... collectors in the Timor Sea, Northern Australia. J. Shellfish ... systems. Aquaculture, 189: 375-388. Urban, H.J. (2000b): Culture potential of the pearl.
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Engineering approach to model and compute electric power markets settlements
International Nuclear Information System (INIS)
Kumar, J.; Petrov, V.
2006-01-01
Back-office accounting settlement activities are an important part of market operations in Independent System Operator (ISO) organizations. A potential way to measure ISO market design correctness is to analyze how well market price signals create incentives or penalties for creating an efficient market to achieve market design goals. Market settlement rules are an important tool for implementing price signals which are fed back to participants via the settlement activities of the ISO. ISO's are currently faced with the challenge of high volumes of data resulting from the increasing size of markets and ever-changing market designs, as well as the growing complexity of wholesale energy settlement business rules. This paper analyzed the problem and presented a practical engineering solution using an approach based on mathematical formulation and modeling of large scale calculations. The paper also presented critical comments on various differences in settlement design approaches to electrical power market design, as well as further areas of development. The paper provided a brief introduction to the wholesale energy market settlement systems and discussed problem formulation. An actual settlement implementation framework and discussion of the results and conclusions were also presented. It was concluded that a proper engineering approach to this domain can yield satisfying results by formalizing wholesale energy settlements. Significant improvements were observed in the initial preparation phase, scoping and effort estimation, implementation and testing. 5 refs., 2 figs
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5 CFR 2424.10 - Collaboration and Alternative Dispute Resolution Program.
2010-01-01
... Alternative Dispute Resolution; Requesting and Providing Allegations Concerning the Duty To Bargain § 2424.10 Collaboration and Alternative Dispute Resolution Program. Where an exclusive representative and an agency are... and Alternative Dispute Resolution Program (CADR). Upon request, and as agreed upon by the parties...
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48 CFR 49.603 - Formats for termination for convenience settlement agreements.
2010-10-01
... for convenience settlement agreements. 49.603 Section 49.603 Federal Acquisition Regulations System... Formats 49.603 Formats for termination for convenience settlement agreements. The formats to be used for termination for convenience settlement agreements should be substantially as shown in this section (see 49.109...
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46 CFR 5.71 - Maritime labor disputes.
2010-10-01
... 46 Shipping 1 2010-10-01 2010-10-01 false Maritime labor disputes. 5.71 Section 5.71 Shipping... REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.71 Maritime labor disputes. Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime...
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Design principles of water sensitive in settlement area on the river banks
Ryanti, E.; Hasriyanti, N.; Utami, W. D.
2018-03-01
This research will formulate the principle of designing settlement area of Kapuas River Pontianak with the approach of water sensitive concept of urban design (WSUD) the densely populated settlement area. By using a case study the approach that is a dense settlement area located on the banks of the river with literature study techniques to formulate the aspects considered and components that are set in the design, descriptive analysis with the rationalistic paradigm for identification characteristics of the settlement in the river banks areas with consideration of WSUD elements and formulate the principles of designing water-sensitive settlement areas. This research is important to do because the problems related to the water management system in the existing riverside settlement in Pontianak has not been maximal to do. So the primary of this research contains several objectives that will be achieved that is identifying the characteristics of riverside settlement area based on consideration of design aspects of the area that are sensitive to water and the principle of designing the area so that the existing problem structure will be formulated in relation to the community’s need for infrastructure in settlement environment and formulate and develop appropriate technology guidelines for integrated water management systems in riverside settlement areas and design techniques for water-sensitive settlements (WSUD).
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DEFF Research Database (Denmark)
Creamer, Cosette; Godzimirska, Zuzanna
2016-01-01
The transition from the General Agreement on Tariffs and Trade (GATT) dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) represented a notable instance of judicialization within international economic governance. Since it began ruling......) prior to adoption of the dispute settlement rulings. We argue that such an increase would better enable the DSM to consider the interpretive preferences of the WTO membership as a whole, thus enabling it to better fulfill its fiduciary duties and its responsibility of deliberative engagement...... with Members in particular. This Article specifies how the proposal would work in practice and addresses potential limitations and obstacles to its implementation....
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PENYELESAIAN SENGKETA PERJANJIAN SYARIAH PADA LEMBAGA KEUANGAN SYARIAH
Directory of Open Access Journals (Sweden)
Maskufa Maskufa
2015-10-01
Full Text Available Dispute settlement in Islamic tradition has been carried out since the era of Prophet Muhammad Saw. This is done through the courts (litigation and through shulh, fatwâ, mazhâlim, and hisbah, known as nonlitigation. The form of mu‘âmalah dispute settlement especially applicable nowadays is almost the same as those prevailing at the time of the Prophet. Litigation through the judicial institutions and non litigation settlement called as alternative dispute resolution (ADR is known by the term shulh in fiqh, while the path through arbitration is known in fiqh as tahkîmDOI: 10.15408/aiq.v5i1.2559
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Real Estate Agent Commission Disputes
Directory of Open Access Journals (Sweden)
Anida Duarte
2015-06-01
Full Text Available The purpose of this study was to examine the relationship among Procuring Cause Law, real estate agent years of experience, and real estate commission disputes. A pilot survey was conducted in the southwestern United States among real estate agents, realtor(s, and brokers. After testing the hypothesis, the decision was made to fail to reject the hypothesis and conclude that real estate agent experience and not Procuring Cause Law produced favorable outcomes in disputes. As a result, the following recommendations were made: (a Agency seller and buyer’s agreements should be used in each transaction to avoid disputes, (b proper expectations and guidelines should be reviewed prior to starting any real estate transaction, (c a checklist may assist in the assurance that all valuable information is reviewed, (d agents could benefit from fully understanding Procuring Cause Law and sharing this information with their clients, (e state and national regulatory requirements of the law could be modified for easier understanding and use, and (f consumers who willfully violate the law could be subject to monetary penalties.
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The Various forms of Alternative Dispute Resolution (ADR in International Commercial Disputes
Directory of Open Access Journals (Sweden)
Angelica Rosu
2009-06-01
Full Text Available Alternative dispute resolution, usually referred to by the acronym ADR, is the focus ofgrowing interest in the business world, and particularly the international business world. Contractdrafters are continuously inventing new ADR procedures, most of which are derived from, or inspiredby mediation, although in fact this is only one type of alternative dispute resolution. There is no doubtthat ADR has emerged out of practice. At present, there is a very broad range of alternative means ofdispute resolution used in equally broad array of circumstances. An exhaustive list of different typesof ADR cannot be drawn because ADR lends itself to numerous derivatives consisting ofcombinations of common types. Of all the ADR types, mediation is the most traditional and the mostcentral, around which all the other derivatives gravitate.
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[Preparation and assignment of medical reports: basis for settlement of compensation claims].
Thomann, K D
2011-03-01
Medical reporting represents an essential element in the settlement of personal claims. Moreover, the report prepares the basis for determing the compensation which is appropriate to the injury. The practice of instructing the expert medical assessor to obtain the medical documents required has proved a failure and causes delays in completion of the report. The doctor who is the expert medical assessor is often unsuccessful in obtaining these vital documents. In doubtful cases the expert will deliver his report without access to the vital documents. Incomplete reports affect the settlement adversely and promote unnecessary legal disputes. Many errors can be avoided if the officials of the relevant insurance company prepare the report assignment carefully. Such preparation includes clarification of the accident circumstances, requests for copies of the primary diagnosis and requests for hospital and medical reports, including full details of surgery carried out. Printouts of the daily reports by the doctors involved are also required. Of course these doctors must be released from the obligation to treat medical records confidentially. Furthermore, if the original documents are used, results of the injury which may seem insignificant will not be overlooked. The report assignment and primary medical documents should be sent to the medical assessor at the same time. The report assignment contains a detailed questionnaire which takes into account the particular aspects of the individual claim.
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METHODOLOGY RELATED TO ESTIMATION OF INVESTMENT APPEAL OF RURAL SETTLEMENTS
Directory of Open Access Journals (Sweden)
A. S. Voshev
2010-03-01
Full Text Available Conditions for production activity vary considerably from region to region, from area to area, from settlement to settlement. In this connection, investors are challenged to choose an optimum site for a new enterprise. To make the decision, investors follow such references as: investment potential and risk level; their interrelation determines investment appeal of a country, region, area, city or rural settlement. At present Russia faces a problem of «black boxes» represented by a lot of rural settlements. No effective and suitable techniques of quantitative estimation of investment potential, rural settlement risks and systems to make the given information accessible for potential investors exist until now.
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25 CFR 170.934 - Are alternative dispute resolution procedures available?
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false Are alternative dispute resolution procedures available... alternative dispute resolution (ADR) procedures is to provide an inexpensive and expeditious forum to resolve... (including for non-construction the mediation and alternative dispute resolution options listed in 25 U.S.C...
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Muñoz, David F; Palacios, Arturo; Lascurain, Miguel
2012-01-01
The Instituto para el Depósito de Valores (INDEVAL) is the Central Securities Depository of Mexico. It is the only Mexican institution authorized to perform, in an integrated manner, the activities of safe-keeping, custody, management, clearing, settlement and transfer of securities. In this article, we report the modeling, simulation and analysis of a new Securities Settlement System (SSS) implemented by INDEVAL, as part of a project for the implementation of a safer and more efficient opera...
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Muñoz, David F.; Palacios, Arturo; de Lascurain, Miguel
2012-01-01
The Instituto para el Depósito de Valores (INDEVAL) is the Central Securities Depository of Mexico. It is the only Mexican institution authorized to perform, in an integrated manner, the activities of safe-keeping, custody, management, clearing, settlement and transfer of securities. In this article, we report the modeling, simulation and analysis of a new Securities Settlement System (SSS) implemented by INDEVAL, as part of a project for the implementation of a safer and more efficient opera...
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Electric Drive Discrete Control System with Automatic Switching-On Reserve for Autonomous Settlement
Directory of Open Access Journals (Sweden)
Tsytovich L.I.
2015-08-01
Full Text Available The paper aims at developing of control the water supply system’s electric drives for autonomous settlement. The system provides automatic switching to a reserve control channel at refusal of any of the functional elements of the working regulation channel. Usually, such systems have a test signal generator and analyzer to system response to their impact. This result to an increase in the structural redundancy of the system, increase its cost and increase the requirements for the staff qualification. A specific feature of the system is its ability to self-diagnosis of catastrophic malfunctions of scheme’s components and an automatic switching-on the reserve control channels, without applying any test signals to the whole complex of electrical equipment. Multi-zone integrating regulator with frequency-pulse-width modulation realizes this technical solution. Control system structure and signals timing diagrams are presented. The construction principle of adaptive interval-code synchronization device with improved noise stability to control the voltage regulators serving for smooth start-up of asynchronous motors of water pumps is considered as well. Such solution allowing increase noise stability and reliability work of the system in conditions of limited power electrical networks, which is characteristic for the autonomous settlements. The article may be of interest to specialists in the field of power electronics and information electronics, electric drives and process automation.
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DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW
Priyanka Sakate*, Dr.Arun W. Dhawale
2017-01-01
The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized tha...
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Dispute Resolution in Special Education: An Introduction to Litigation Alternatives.
Goldberg, Steven S.; Huefner, Dixie Snow
1995-01-01
Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need for mediation or adversarial processes.…
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Directory of Open Access Journals (Sweden)
Sulistyowati Sulistyowati
2015-09-01
Full Text Available This study deals with dispute settlement between Bank Syari’ah and its customers through the National Shari’ah Arbitration Board (BASYARNAS. It focuses to elaborate the procedures of dispute settlement between Bank Syari’ah and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur’ân and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board—as an independent institution—has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.
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2010-01-01
... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Settlements. 1025.26 Section 1025.26... PROCEEDINGS Prehearing Procedures, Motions, Interlocutory Appeals, Summary Judgments, Settlements § 1025.26 Settlements. (a) Availability. Any party shall have the opportunity to submit an offer of settlement to the...
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Settlements and the future Ontario wholesale electricity market
International Nuclear Information System (INIS)
Kozlik, K.
1998-01-01
Settlement system processes which are likely to be in place in Ontario's new deregulated electricity market are discussed. Electricity settlements, i. e. the collection of metered and operational data, the processing of that data to ensure its integrity, the analysis of the data, the determination of payment, and the administration of the required transfer of funds, are analyzed. Some of the actions that those processes will require of prospective wholesale market participants are outlined. The paper also explains why it is that the settlement processes drove certain pivotal market design decisions
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2010-10-01
... 49 Transportation 8 2010-10-01 2010-10-01 false Settlement. 1016.306 Section 1016.306... Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...
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2010-10-01
... 47 Telecommunication 1 2010-10-01 2010-10-01 false Settlement. 1.1525 Section 1.1525... Settlement. The applicant and Bureau counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...
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2010-07-01
... 29 Labor 9 2010-07-01 2010-07-01 false Settlement. 2200.100 Section 2200.100 Labor Regulations... Miscellaneous Provisions § 2200.100 Settlement. (a) Policy. Settlement is permitted and encouraged by the... parties include any particular language in a settlement agreement, but does require that the agreement...
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29 CFR 1403.3 - Obtaining data on labor-management disputes.
2010-07-01
... 29 Labor 4 2010-07-01 2010-07-01 false Obtaining data on labor-management disputes. 1403.3 Section... FUNCTIONS AND DUTIES § 1403.3 Obtaining data on labor-management disputes. When the existence of a labor-management dispute comes to the attention of the Federal Service upon a request for mediation service from...
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2010-07-01
... 39 Postal Service 1 2010-07-01 2010-07-01 false Settlement. 962.26 Section 962.26 Postal Service... CIVIL REMEDIES ACT § 962.26 Settlement. (a) Either party may make offers of settlement or proposals of... settlement terms to the Attorney General, as appropriate. [59 FR 51860, Oct. 13, 1994] ...
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2010-10-01
... 49 Transportation 7 2010-10-01 2010-10-01 false Settlement. 826.35 Section 826.35 Transportation... Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...
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2010-04-01
... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlement. 148.25 Section 148... Considering Applications § 148.25 Settlement. The applicant may propose settlement of the award to the Commission before final action on the application, either in connection with a settlement of the adjudicatory...
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2010-01-01
... 7 Agriculture 1 2010-01-01 2010-01-01 false Settlement. 1.198 Section 1.198 Agriculture Office of....198 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying...
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2010-04-01
... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlement. 171.12 Section 171... RESPONSIBILITY ACTIONS General Provisions § 171.12 Settlement. At any time before the Commission has reached a... settlement agreement. If, in its view, the settlement is consistent with the public interest, the Commission...
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The Effectiveness of Alternative IEP Dispute Resolution Practices
Scanlon, David; Saenz, Lauren; Kelly, Michael P.
2018-01-01
Alternative Individualized Education Program (IEP) dispute resolution models should respond to limitations of current options. An experimental IEP dispute resolution program provides parents and schools with an evidence-supported neutral perspective on what is needed for free and appropriate education (FAPE) and least restrictive environment…
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2010-10-01
... 49 Transportation 6 2010-10-01 2010-10-01 false Settlement. 511.26 Section 511.26 Transportation...; Summary Judgment; Settlement § 511.26 Settlement. (a) Applicability. This section applies only to cases of..., 89 Stat. 911 (15 U.S.C. section 2007(3)). Settlement in other cases may be made only in accordance...
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2010-07-01
... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Settlement. 501.710 Section 501.710... the Enemy Act (TWEA) Penalties § 501.710 Settlement. (a) Availability. Either the Director or any..., propose an offer of settlement. The amount accepted in settlement may be less than the civil penalty that...
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2010-04-01
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Settlement. 14.320 Section 14.320... Applications § 14.320 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying...
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2010-01-01
... 10 Energy 4 2010-01-01 2010-01-01 false Settlement. 851.41 Section 851.41 Energy DEPARTMENT OF ENERGY WORKER SAFETY AND HEALTH PROGRAM Enforcement Process § 851.41 Settlement. (a) DOE encourages settlement of a proceeding under this subpart at any time if the settlement is consistent with this part. The...
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2010-01-01
... 10 Energy 1 2010-01-01 2010-01-01 false Settlement. 12.305 Section 12.305 Energy NUCLEAR... Considering Applications § 12.305 Settlement. The applicant and the NRC counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the...
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2010-01-01
... 10 Energy 4 2010-01-01 2010-01-01 false Settlements. 590.309 Section 590.309 Energy DEPARTMENT OF... RESPECT TO THE IMPORT AND EXPORT OF NATURAL GAS Procedures § 590.309 Settlements. The parties may conduct settlement negotiations. If settlement negotiations are conducted during a conference, at the request of one...
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Building a Political Settlement: The International Approach to Kenya’s 2008 Post-Election Crisis
Directory of Open Access Journals (Sweden)
Karuti Kanyinga
2013-07-01
Full Text Available This paper presents findings from an empirical study of the 2008 Kenyan crisis, aimed at exploring the role and effectiveness of the international development and diplomatic communities’ response. This response involved working to ameliorate the fragile political environment that followed the disputed 2007 elections. Thus, this case study was selected as an archetype to demonstrate how international actors can work cooperatively on political settlements. The key objective of this research is to analyse and share lessons about how those international actors present in Kenya engaged with the evolving political settlement to address the conflict. This study draws upon evolving political economy and political settlement debates in its analysis and uses the Organisation for Economic Co-operation and Development’s (OECD Fragile States Principles as a framework. Adopting such an analytical lens encourages examination of the multiple, context-specific underlying dynamics that influenced the role of international actors during this period of political transition. It also enables a study of the operational factors facing external actors when they attempt to work more politically, and recognition of how carefully these actors need to use the limited role they have in shaping the internal institutional arrangements and dynamics of the countries within which they work. The study’s main findings indicate that in the 2008 post-election period the international development and diplomatic communities collectively commanded substantive influence over the nature and trajectory of Kenya’s evolving political settlement. It argues that these actors enhanced their influence over many important political issues principally as a result of applying good practice in fragile situations: understanding the context, adopting a unified and legitimate stance, coordinating and collaborating closely and acting fast to prevent conflict. They also laid the foundations for
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Future Scenarios of the South China Sea Maritime Disputes
Shee, Poon Kim
2014-01-01
The focus of this paper is to analyze three future scenarios in the maritime disputes in the South China Sea. These namely are No War Scenario, Impasse Scenario and Peace Scenario. Ultimately, the way forward towards a viable solution to resolving the South China Sea maritime disputes between China and other claimant states depends on the political wisdom, will and determination of the disputing states. Lofty nationalistic aspirations have to be tempered with a degree of flexibility and pragm...
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2010-01-01
... 7 Agriculture 10 2010-01-01 2010-01-01 false Settlement. 1427.21 Section 1427.21 Agriculture... § 1427.21 Settlement. (a) The settlement of cotton loans will be made by CCC on the basis of the quality... maximum storage credit rates as determined and announced by CCC. (b) For purposes of settlements for...
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2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Settlements. 15.109 Section 15.109... Act of 1958 § 15.109 Settlements. (a) A publisher may not settle a claim with another party, for which... publisher submits a copy of the proposed settlement, and a statement justifying the settlement, to the Chief...
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2010-01-01
... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Settlement. 747.612 Section 747.612 Banks and... Board Adjudications § 747.612 Settlement. The applicant and counsel for NCUA may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the...
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Alternative dispute resolution: a conflict management tool in health care.
Liberman, A; Rotarius, T M; Kendall, L
1997-12-01
This article focuses on methods of resolving conflict either within or between health care organizations using an alternative dispute resolution (ADR) strategy. After identifying the principal sources of contemporary disagreements within health services settings, the authors describe the basis of ADR. This is followed by a discussion of some common obstacles to settling a dispute. The principal communication guidelines and stages of a mediation session are presented. An alternative dispute resolution framework is proposed that includes an Office of Dispute Resolution (ODR). Also provided is a series of attributes that together comprise the core of mediation as a discipline.
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Directory of Open Access Journals (Sweden)
Benjamin Mos
Full Text Available Increasing settlement and post-settlement survival during the critical transition from planktonic larvae to benthic juveniles will increase efficiency for sea urchin aquaculture. This study investigated the effects of temperature and settlement cues on the settlement and post-settlement survival of the sea urchin Tripneustes gratilla during this phase. The current commercial methodology, which utilises natural biofilm settlement plates, was tested and resulted in low settlement (90% than a natural biofilm (∼25%. The addition of macroalgae-conditioned seawater to natural biofilm significantly increased settlement rates (>85%. Mixed consortia and single strains of bacteria isolated from macroalgae, biofilms and adult conspecifics all induced significant settlement, but at significantly lower rates than macroalgae. No evidence was found that higher rates of settlement to bacteria on macroalgae were generated by a cofactor from the macroalgae. Age of bacterial cultures, culturing bacteria on solid and liquid media and concentration of nutrients in cultures had little effect on settlement rates. Finally, macroalgae-conditioned seawater combined with natural biofilm settlement plates induced significantly higher settlement than to the biofilm plates alone in a commercial scale trial. However, high post-settlement mortality resulted in equivalent survival between treatments after 25 days. This study highlights that settlement studies should extend to post-settlement survival, which remains poor for T. gratilla and is a significant obstacle to increasing efficiency for aquaculture.
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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
graves are made concrete and increasingly cemented indices of belonging in wrangles over land. Belonging is often justified through the presence of ancestor graves on land. The cementing of graves turns them into more concrete and durable proofs of ownership, and the reburial of relatives to disputed......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...
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2010-01-01
... 7 Agriculture 10 2010-01-01 2010-01-01 false Settlement. 1434.19 Section 1434.19 Agriculture... FOR HONEY § 1434.19 Settlement. The value of the settlement of loans shall be made by CCC on the... commodity: (1) If the value of the collateral at settlement is less than the amount due, the producer shall...
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Literacy, Numeracy and Alternative Dispute Resolution: Support Document
Cumming, J. Joy; Wilson, Janice M.
2005-01-01
This document was produced by the authors based on their research for the report "Literacy, Numeracy and Alternative Dispute Resolution," and is an added resource for further information. It contains the appendices: (1) Published statistics on mediation/alternative dispute resolution in Australian courts and tribunals over the period…
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Alternative Dispute Resolution : A Viable Method for Settling Government Contract Disputes
1993-06-01
Estoppel : Using Preclusion to Shape Procedural Choices," 63 Tulane Law Review 20, 1988. Murray, "Lawyers and Alternative Dispute Resolution Success," 14...1988. Shell, "Res Judicata and Collateral Estoppel Effects of Commercial Arbitration," 35 UCLA Law Review 623, 1988. Shell, "The Role of Public Law in
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14 CFR 17.35 - Selection of neutrals for the alternative dispute resolution process.
2010-01-01
... dispute resolution process. 17.35 Section 17.35 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.35 Selection of neutrals for the alternative dispute resolution process. (a) In...
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Settlement of Canisters with smectite clay envelopes in deposition holes
International Nuclear Information System (INIS)
Pusch, R.
1986-12-01
Settlement of canisters containing radioactive waste and being surrounded by dense smectite clay is caused by the stresses and heat induced in the clay. Consolidation by water expulsion of the clay underlying a model canister with 5 cm diameter and 30 cm length would theoretically account for a maximum finite settlement of about 70 my m in a few weeks, while shear-induced creep would yield a settlement of only a few microns in the same time period. These predictions were checked by running a laboratory test in which a dead load of 80 kg was applied to a small cylindrical copper canister embedded in Na bentonite. The settlement, which increased in proportion to log time, turned out to be about 6 my m in the first 2.5 months. After the first loading period at room temperature, heating to 50 degrees C and, after a 4 months long 'room temperature' period, to 70 degrees C took place. This cycling gave strong, instant settlement and upheaval because of the different thermal expansion of the interacting components of the system. After the development of constant temperature conditions in the entire system and completion of the consolidation or expansion that followed from the thermo-mechanical interactions, the settlement proceeded at a rather high rate at 70 degrees C, still following a log time creep law, but with somewhat stronger retardation. At room temperature, i.e. in the post-heating periods, the settlement seemed to cease, on the other hand. The conclusion from the study is that the canister movements under isothermal conditions were in accordance with the log t-type creep settlement that was predicted in theoretical grounds. Pre-heating and low stresses may account for extraordinary retardation of the settlement. (author)
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The evaluation of enforcement mechanisms in international environmental law. An overview
International Nuclear Information System (INIS)
Bothe, M.
1996-01-01
The contribution examines measures to ensure compliance, as e.g. incentives, or reporting systems and implementation review mechanisms, as well as national verification systems. Recent approaches developed in response to non-compliance and dispute settlement procedures are discussed. (Orig./CB)
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Alternative Dispute Resolution in Ethiopia - A Legal Framework
African Journals Online (AJOL)
Nekky Umera
position of usage and acceptance in its modern form. Recent ... bound to be consequences arising out of such struggles. ... though a court may order the process itself, the parties in dispute are ... wishes to recommend to solving disputes among African .... rights, actions and claims in a suit, it automatically results in the ...
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Alternative Dispute Resolution in Ethiopia- A Legal Framework ...
African Journals Online (AJOL)
This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...
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Directory of Open Access Journals (Sweden)
S Sahnan
2016-02-01
Full Text Available The tendency of people to choose outside of the court to solve their disputes should basically be viewed as a legal phenomenon in people lives. Settlement of disputes outside the court has put parties in a position to win-win (win-win solution, different from the way of dispute settlement through the courts that put a party on the win position and the other on the lose position (win-lose solution. Legal dispute settlement through the courts rather than solve the problems it has created more problems between the disputants. Kecenderungan warga masyarakat untuk menyelesaikan sengketanya dengan menggunakan cara di luar pengadilan pada dasarnya harus dipandang sebagai suatu gejala hukum dalam kehidupan warga masyarakat. Penyelesaian sengketa melalui cara di luar pengadilan telah mendudukkan pihak yang bersengketa pada posisi menang-menang (win-win solution, berbeda dengan cara penyelesaian sengketa melalui pengadilan yang mendudukkan pihak yang bersengketa pada posisi ada yang kalah dan ada yang menang. Penyelesaian sengketa melalui pengadilan bukan menyelesaikan masalah justru menambah masalah di antara pihak yang bersengketa.
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Dispute Resolution and Technology: Revisiting the Justification of Conflict Management
Koulu, Riikka
2016-01-01
This study, Dispute Resolution and Technology: Revisiting the Justification of Conflict Management, belongs to the fields of procedural law, legal theory and law and technology studies. In this study the changes in dispute resolution caused by technology are evaluated. The overarching research question of this study is how does implementing technology to dispute resolution challenge the justification of law as a legitimised mode of violence? Before answering such an abstract research question...
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Disputes About Disputes: Understanding the South China Sea
Directory of Open Access Journals (Sweden)
Bill Hayton
2017-12-01
Full Text Available Steve Chan. China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives. Cambridge: Cambridge University Press, 2016. Do Thanh Hai. Vietnam and the South China Sea: Politics, Security and Legality. New York: Routledge, 2017. The two books under review here demonstrate some of the diversity of writing within the discipline of international relations. In China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives, political scientist Steve Chan, following Kant, describes his style as “nomothetic,” “which emphasizes attention to classes of events rather than specific episodes” (vii. Strategic and defense studies scholar Do Thanh Hai’s Vietnam and the South China Sea: Politics, Security and Legality is an example of what Chan calls the “idiographic approach,” focusing “on the more unique or specific aspects of the situation” (vii. Chan wants to be able to generalize and compare, and he explicitly eschews narratives of “who did what to whom.” Hai, on the other hand, is keen to make clear that it is China who did something to Vietnam. The most obvious criticism to make of his book is that it is written from an overtly Vietnamese perspective. That is a weakness, but also potentially a draw for those interested in the formulation of Vietnamese policy. Chan writes from an ostensibly neutral position, but, as we shall see, his analysis is rooted within a Chinese world view.
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Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone
Benoit P. Freyens
2011-01-01
In many countries the arbitration of dismissal disputes by public tribunals and state agencies is regarded as slow and expensive. Some common law countries, including the United States and Australia, are privatizing dispute resolution on the premise that this is more efficient than using statutory channels, and it is thus perceived as a better method of settling disputes. Previous advances in statutory law regarding the arbitration of dismissal disputes have been either rescinded or circumven...
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5 CFR 2423.2 - Alternative Dispute Resolution (ADR) services.
2010-01-01
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) services. 2423.2 Section 2423.2 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL... Filing, Investigating, Resolving, and Acting on Charges § 2423.2 Alternative Dispute Resolution (ADR...
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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
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MSettle Version 8.2 - Embankment Design and Soil Settlement Prediction
Best, H.; Den Haan, E.J.; Sellmeijer, J.B.; Van Zantvoort, E.; Visschedijk, M.A.T.; Trompille, V.
2009-01-01
This is the user manual for MSetuser manual tle, which is being developed by Delft GeoSystems, a Deltares company. MSettle is a dedicated tool for predicting soil settlements by external loading. MSettle accurately and quickly determines the direct settlement, consolidation and creep along verticals
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DEFF Research Database (Denmark)
Mortensen, Peder Duelund; Hornyanszky, Elisabeth Dalholm; Larsen, Jacob Norvig
2013-01-01
Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice......Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice...
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Emotion and ideology in the nuclear dispute
International Nuclear Information System (INIS)
Hillerbrand, M.
1982-01-01
The author attempts to examine the dispute over nuclear energy, not from an isolated viewpoint but from more generous perspectives. He provides parallels to economic theories and above all analyses the social political aspects. Here he reveals that behind the passionate confrontation are not scientific, objective criteria but highly subjective emotions based on everyday experiences. In conclusion the author shows that the nuclear energy dispute is part of a fundamental discussion on the industrial performance society. (orig./HP) [de
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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
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Settlement. 24.304 Section 24.304... DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS Procedures for Considering Applications § 24.304 Settlement. A prevailing party and Department counsel may agree on a proposed settlement of an award before...
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2010-04-01
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Settlement. 201.240 Section... of Practice Initiation of Proceedings and Prehearing Rules § 201.240 Settlement. (a) Availability... party to a proceeding already instituted, may, at any time, propose in writing an offer of settlement...
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2010-10-01
... 49 Transportation 1 2010-10-01 2010-10-01 false Settlement. 6.29 Section 6.29 Transportation... PROCEEDINGS Procedures for Considering Applications § 6.29 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection...
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2010-07-01
... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Settlement. 17.24 Section 17.24... JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS Procedures for Considering Applications § 17.24 Settlement. A prevailing party and EPA counsel may agree on a proposed settlement of an award before final...
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2010-07-01
... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Settlement. 11.26 Section 11... Disciplinary Proceedings; Jurisdiction, Sanctions, Investigations, and Proceedings § 11.26 Settlement. Before or after a complaint under § 11.34 is filed, a settlement conference may occur between the OED...
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2010-01-01
... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Settlements. 904.213 Section 904.213 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) NATIONAL OCEANIC... and Appeal Procedures General § 904.213 Settlements. If settlement is reached before the Judge has...
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2010-04-01
... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Settlements. 3800.60 Section 3800... DEVELOPMENT INVESTIGATIONS IN CONSUMER REGULATORY PROGRAMS § 3800.60 Settlements. (a) At any time during an investigation, the Department and the parties subject to an investigation may conduct settlement negotiations...
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2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Settlement. 1262.305 Section 1262.305... PROCEEDINGS Procedures for Considering Applications § 1262.305 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in...
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2010-01-01
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Settlement. 2610.306 Section 2610.306... ACCESS TO JUSTICE ACT Procedures for Considering Applications § 2610.306 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application...
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Requirements for Space Settlement Design
Gale, Anita E.; Edwards, Richard P.
2004-02-01
When large space settlements are finally built, inevitably the customers who pay for them will start the process by specifying requirements with a Request for Proposal (RFP). Although we are decades away from seeing the first of these documents, some of their contents can be anticipated now, and provide insight into the variety of elements that must be researched and developed before space settlements can happen. Space Settlement Design Competitions for High School students present design challenges in the form of RFPs, which predict basic requirements for space settlement attributes in the future, including structural features, infrastructure, living conveniences, computers, business areas, and safety. These requirements are generically summarized, and unique requirements are noted for specific space settlement locations and applications.
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2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Settlement. 134.25 Section 134.25 Foreign... Considering Applications § 134.25 Settlement. The applicant and the Department of State may agree on a proposed settlement of the award before final action on the application, either in connection with a...
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2010-01-01
... 10 Energy 4 2010-01-01 2010-01-01 false Settlement. 1023.324 Section 1023.324 Energy DEPARTMENT OF... Justice Act Procedures for Considering Applications § 1023.324 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in...
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2010-01-01
... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Settlement. 990.25 Section 990.25... DAMAGE ASSESSMENTS Authorities § 990.25 Settlement. Trustees may settle claims for natural resource damages under this part at any time, provided that the settlement is adequate in the judgment of the...
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2010-07-01
... 29 Labor 9 2010-07-01 2010-07-01 false Settlement. 2204.306 Section 2204.306 Labor Regulations... Procedures for Considering Applications § 2204.306 Settlement. The applicant and the Secretary may agree on a proposed settlement of the award before final action on the application, either in connection with a...
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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.
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CSIR Research Space (South Africa)
Sogoni, Z
2016-07-01
Full Text Available / settlement pattern classification of South African settlements based on a settlement catchment approach, to inform facility allocation and service delivery Zukisa Sogoni Planning Africa Conference 2016 4 July 2Project Focus and Background • CSIR... services. • Purpose is to support application & planning for new investment & prevent “unsustainable” investments / White elephants. 3Outputs • National set of service delivery catchments • Profile information per individual catchment • Ranking...
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The South China Sea Dispute : Perspective of International Law
Ma, Xuechan
2016-01-01
This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of
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46 CFR 502.411 - Mediation and other alternative means of dispute resolution.
2010-10-01
... 46 Shipping 9 2010-10-01 2010-10-01 false Mediation and other alternative means of dispute... PROVISIONS RULES OF PRACTICE AND PROCEDURE Alternative Dispute Resolution § 502.411 Mediation and other alternative means of dispute resolution. (a) Parties are encouraged to utilize mediation or other forms of...
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Ischak, Mohammad; Setioko, Bambang; Nurgandarum, Dedes
2017-12-01
Urban growth refers to expansion of a metropolitan into sub urban areas as the surrounding environment, with no exception of Jakarta city due to limited availability and high price of land within the city. The city of Jakarta, as a metropolitan, carries of expansion in its surrounding environment including Tangerang. Privat developers may an important role in this urban growth through their large scale of new settlement development project. The formation of establishment of enclave native unplanned sub urban settlement scattered within planned new settlement in Tangerang is to be an consequence of Jakarta urban growth. This fenomena could be comprehended as a form of resilience native settlement in confrontation with the new planned settlement pressure. The aim of this research, presented in this paper is to understand the socio-spatial concept of those enclave native settlement as an adaptation form to the new planned settlement pressure. Through descriptive qualitative research method, with indepth interview as a main research instrument, this research could depict or uncover the facts that there are various form of socio-spatial adaptation as the main theme of resilience native suburban settlement formation.
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2010-07-01
... 29 Labor 2 2010-07-01 2010-07-01 false Settlements. 101.7 Section 101.7 Labor Regulations Relating... Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.7 Settlements. Before any complaint... for the submission and consideration of facts, argument, offers of settlement, or proposals of...
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2010-01-01
... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Settlement. 18.19 Section 18.19... Procedures for Considering Applications § 18.19 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a...
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2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Settlement. 14.25 Section 14.25 Aeronautics... IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.25 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action...
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2010-07-01
... 29 Labor 9 2010-07-01 2010-07-01 false Settlement. 2704.305 Section 2704.305 Labor Regulations... Settlement. In the event that counsel for the Secretary and an applicant agree to settle an EAJA claim after... of the settlement and request dismissal of the application. [63 FR 63177, Nov. 12, 1998] ...
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24 CFR 1720.180 - Settlements.
2010-04-01
... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Settlements. 1720.180 Section 1720... Proceedings General Provisions § 1720.180 Settlements. Parties may propose in writing, at any time during the course of a proceeding, offers of settlement which shall be submitted to the Secretary. If determined to...
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2010-07-01
... 39 Postal Service 1 2010-07-01 2010-07-01 false Settlement. 960.17 Section 960.17 Postal Service... ACT IN POSTAL SERVICE PROCEEDINGS Procedures for Considering Applications § 960.17 Settlement. The applicant and the Postal Service may agree on a proposed settlement of the award before final action on the...
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2010-07-01
... 39 Postal Service 1 2010-07-01 2010-07-01 false Settlement. 958.23 Section 958.23 Postal Service..., CLEAN-UP COSTS AND DAMAGES FOR VIOLATION OF HAZARDOUS MATERIAL REGULATIONS § 958.23 Settlement. Either party may make offers of settlement or proposals of adjustment at any time. The Determining Official has...
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2010-01-01
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Settlement. 2430.10 Section 2430.10... FEDERAL LABOR RELATIONS AUTHORITY AWARDS OF ATTORNEY FEES AND OTHER EXPENSES § 2430.10 Settlement. The applicant and the General Counsel may agree on a proposed settlement of the award before final action on the...
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2010-04-01
... 19 Customs Duties 3 2010-04-01 2010-04-01 false Settlement. 212.24 Section 212.24 Customs Duties... IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 212.24 Settlement. The applicant and the Commission may agree on a proposed settlement of the award before final action...
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2010-10-01
... 45 Public Welfare 1 2010-10-01 2010-10-01 false Settlements. 13.24 Section 13.24 Public Welfare... ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 13.24 Settlements. The applicant and the agency's litigating party may agree on a proposed settlement of the award at any time prior to...
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2010-07-01
... 29 Labor 1 2010-07-01 2010-07-01 true Settlement. 16.303 Section 16.303 Labor Office of the Secretary of Labor EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 16.303 Settlement. The applicant and agency counsel may agree on a proposed settlement of the award before final action...
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2010-01-01
... 7 Agriculture 1 2010-01-01 2010-01-01 false Settlement. 1.345 Section 1.345 Agriculture Office of... Under the Program Fraud Civil Remedies Act of 1986 § 1.345 Settlement. (a) A respondent may make offers of compromise of settlement at any time. (b) The reviewing official has the exclusive authority to...
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2010-04-01
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Settlement. 201.54 Section 201... Regulations Pertaining to the Equal Access to Justice Act § 201.54 Settlement. The applicant and counsel for the Office or Division of the Commission may agree on a proposed settlement of the award before final...
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2010-01-01
... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Settlement. 280.219 Section 280.219... Enforcement § 280.219 Settlement. (a) Cases may be settled before service of a charging letter. In cases in which settlement is reached before service of a charging letter, a proposed charging letter will be...
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2010-04-01
... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Settlement. 9.7 Section 9.7... DISCIPLINARY, ACCESS DENIAL OR OTHER ADVERSE ACTIONS General Provisions § 9.7 Settlement. At any time before... accordance with § 9.20, the parties may file a stipulation for dismissal based on a settlement agreement...
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2010-01-01
... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Settlement. 766.18 Section 766.18... PROCEEDINGS § 766.18 Settlement. (a) Cases may be settled before service of a charging letter. In cases in which settlement is reached before service of a charging letter, a proposed charging letter will be...
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Basic Characteristics and Spatial Patterns of Pseudo-Settlements--Taking Dalian as An Example.
Gao, Jiaji; Zhang, Yingjia; Li, Xueming
2016-01-20
A person's living behavior patterns are closely related to three types of settlements: real-life settlements, imagined settlements, and pseudo-settlements. The term "pseudo-settlement" (PS) refers to the places that are selectively recorded and represented after the mass media chose and restructure the residence information. As the mass media rapidly develops and people's way of obtaining information gradually change, PS has already become one of the main ways for people to recognize and understand real-life settlements, as well as describe their impressions of imagined settlements. PS also has a profound impact on tourism, employment, investment, migration, real estate development, etc. Thus, the study of PSs has important theoretical and practical significance. This paper proposes to put forward residential quarters where the mass media is displayed as the object of study and establishes the pseudo-settlement index system of Dalian in and elaborate analysis of the concept of PSs. From three aspects, including pseudo-buildings, pseudo-districts and pseudo-culture, this paper uses the ArcGIS 10.0 kernel density (spacial analyst) to analyze and interpret the basic characteristics and spatial patterns of 14 elements of the PS in Dalian. Through systemic clustering analysis, it identifies eight major types of PSs in Dalian. Then it systematically elaborates current situations and characteristics of the spatial pattern of PSs in Dalian, namely: regionally concentrated, widely scattered and blank spaces without pseudo-settlements. Finally, this paper discusses the mechanism of formation of PSs in Dalian.
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2010-01-01
... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Settlement. 1705.24 Section 1705.24 Banks and... Consideration of the Application for Award § 1705.24 Settlement. The applicant and agency counsel may agree on a proposed settlement of an award before the final decision on the application for award is made, either in...
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2010-04-01
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Settlements. 28.45 Section 28.45... IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 28.45 Settlements. (a) HUD and the respondent may enter into a settlement agreement at any time prior to the issuing of a notice of final...
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2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Settlement. 134.217 Section 134... BEFORE THE OFFICE OF HEARINGS AND APPEALS Rules of Practice for Most Cases § 134.217 Settlement. At any... have settled the case, and may file with such motion a copy of the settlement agreement. If the Judge...
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2010-01-01
... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Settlement. 625.20 Section 625.20 Banks and... UNDER THE EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 625.20 Settlement. A prevailing party and the FCA through its counsel may agree on a proposed settlement of an award at any time...
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Evaluation on Electronic Securities Settlements Systems by AHP Methods
Fukaya, Kiyoyuki; Komoda, Norihisa
Accompanying the spread of Internet and the change of business models, electronic commerce expands buisness areas. Electronic finance commerce becomes popular and especially online security tradings becoome very popular in this area. This online securitiy tradings have some good points such as less mistakes than telephone calls. In order to expand this online security tradings, the transfer of the security paper is one the largest problems to be solved. Because it takes a few days to transfer the security paper from a seller to a buyer. So the dematerialization of security papers is one of the solutions. The demterilization needs the information systems for setteling security. Some countries such as France, German, United Kingdom and U.S.A. have been strating the dematerialization projects. The legacy assesments on these projects focus from the viewpoint of the legal schemes only and there is no assessment from system architectures. This paper focuses on the information system scheme and valuates these dematerlization projects by AHP methods from the viewpoints of “dematerializaion of security papers", “speed of transfer", “usefulness on the system" and “accumulation of risks". This is the first case of valuations on security settlements systems by AHP methods, especially four counties’ systems.
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Trust Mines: Legal Documents and Settlements
Legal Documents and Settlements related to the Northern Abandoned Uranium Mines Region including the Phase 1 Settlement Agreement and Environmental Response Trust Agreement, Phase 2 Settlement Agreement Removal Site Evaluation (RSE) Trust Agreement.
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China's Crisis Bargaining in the South China Sea Dispute (2010-2013)
Ramadhani, Eryan
2014-01-01
As one of China’s most intricate territorial dispute, the South China Sea dispute has sufficiently consumed significant amount of Chinese leaders’ attention in Beijing. This paper reveals that China exerts signaling strategy in its crisis bargaining over the South China Sea dispute. This strategy contains reassurance as positive signal through offering negotiation and appearing self-restraint and of negative signal by means of escalatory acts and verbal threats. China’s crisis bargaining in t...
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International Nuclear Information System (INIS)
Okamoto, Toshiro
1987-01-01
In our laboratory a study of siting on quarternary ground is followed to make possible to construct a nuclear power plant on soil ground in Japan, a important subject is to understand bearing capacity, settlement and seismic responce of foundation. So measured data are collected about relation between ground and type of foundation, total settlement and differential settlement of already constructed large structures, and it is done to investigate the real condition and to examine allowable settlement. Investigated structures are mainly foreign nuclear power plant and domestic and foreign high buildings. The higher buildings are, the more raft foundation are for type of foundation and the higher contact pressure are to similar to a nuclear power plant. So discussion is done about mainly raft foundation. It is found that some measured maximum total settlements are larger than already proposed allowable values. So empirical allowable settlement is derived from measured values considering the effect of the width of base slab, contact pressure and foundation ground. Differential settlement is investigated about relation to maximum total settlement, and is formulated considering the width and the rigidity of base slab. Beside the limit of differential settlement is obtained as foundation is damaged, and the limit of maximum total settlement is obtained by combining this and above mentioned relation. Obtained allowable value is largely influenced by the width of base slab, and becomes less severe than some already proposed values. So it is expected that deformation of foundation is rationaly investigated when large structure as nuclear power plant is constructed on soft ground. (author)
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CSIR Research Space (South Africa)
Sogoni, Zukisa
2016-07-01
Full Text Available , it is of the utmost importance that a critical evaluation of settlement structure and patterns is undertaken to directly inform the manner in which social services are delivered in different settlement types....
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Territorial disputes simmer in areas of South China Sea
International Nuclear Information System (INIS)
Anon.
1992-01-01
This paper reports that China's award of an exploration cooperation contact in the Nansha area of the South China Sea has revived territorial disputes in the area centering ton the Spratly and Paracel islands. The key dispute is between China and Viet Nam, which earlier engaged in military action over ownership of the islands, believed to have world class potential for hydrocarbon discoveries. Those two nations, as well as Brunei, Malaysia, Philippines, and Taiwan, lay claim to overlapping boundaries of the Spratly Islands. Separately, China and Viet Nam dispute territorial claims in the Paracels. Tensions continue to mount, and regional governments are trying to negotiate compromises to avoid a repeat of warfare
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LCA for household waste management when planning a new urban settlement
International Nuclear Information System (INIS)
Slagstad, Helene; Brattebø, Helge
2012-01-01
Highlights: ► Household waste management of a new carbon neutral settlement. ► EASEWASTE as a LCA tool to compare different centralised and decentralised solutions. ► Environmental benefit or close to zero impact in most of the categories. ► Paper and metal recycling important for the outcome. ► Discusses the challenges of waste prevention planning. - Abstract: When planning for a new urban settlement, industrial ecology tools like scenario building and life cycle assessment can be used to assess the environmental quality of different infrastructure solutions. In Trondheim, a new greenfield settlement with carbon–neutral ambitions is being planned and five different scenarios for the waste management system of the new settlement have been compared. The results show small differences among the scenarios, however, some benefits from increased source separation of paper and metal could be found. The settlement should connect to the existing waste management system of the city, and not resort to decentralised waste treatment or recovery methods. However, as this is an urban development project with ambitious goals for lifestyle changes, effort should be put into research and initiatives for proactive waste prevention and reuse issues.
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Sanitation services for the informal settlements of Cape Town, South Africa
Mels, A.R.; Castellano, D.; Braadbaart, O.D.; Veenstra, S.; Dijkstra, I.; Meulman, B.; Singels, A.; Wilsenach, J.A.
2009-01-01
Sanitation coverage in the informal settlements of Cape Town is severely lagging behind. A recent inventory showed that the main barriers to the implementation of proper sanitation systems are unsuitability of the location of many settlements (more than 40% of the sites are located on private land,
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International Nuclear Information System (INIS)
Moles, Richard; Foley, Walter; Morrissey, John; O'Regan, Bernadette
2008-01-01
This paper investigates the relationships between settlement size, functionality, geographic location and sustainable development. Analysis was carried out on a sample of 79 Irish settlements, located in three regional clusters. Two methods were selected to model the level of sustainability achieved in settlements, namely, Metabolism Accounting and Modelling of Material and Energy Flows (MA) and Sustainable Development Index Modelling. MA is a systematic assessment of the flows and stocks of material within a system defined in space and time. The metabolism of most settlements is essentially linear, with resources flowing through the urban system. The objective of this research on material and energy flows was to provide information that might aid in the development of a more circular pattern of urban metabolism, vital to sustainable development. In addition to MA, a set of forty indicators were identified and developed. These target important aspects of sustainable development: transport, environmental quality, equity and quality of life issues. Sustainability indices were derived through aggregation of indicators to measure dimensions of sustainable development. Similar relationships between settlement attributes and sustainability were found following both methods, and these were subsequently integrated to provide a single measure. Analysis identified those attributes of settlements preventing, impeding or promoting progress towards sustainability
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Alternative dispute resolution (ADR) for dentists: a better way.
Freudman, L
1998-06-01
Any dentist faced with a legal or potential legal dispute should consider all the options available to handle the dispute. Selection of the appropriate process may be approached from a consumer's perspective, with the emphasis on service, value and satisfaction. Awareness of ADR and its proper utilization can assist the dentist in choosing the method that will result in the most satisfactory outcome.
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SENGKETA USAHA PERTAMBANGAN DI WILAYAH HUTAN ELANG DODO KABUPATEN SUMBAWA
Directory of Open Access Journals (Sweden)
IWAN HARIANTO
2013-01-01
Full Text Available West Nusa Tenggara, one of the regions rich in minerals mining. One of the mining companies doing business in the region is PT. Newmont. In 2003 the company was exploring the forest areas Elang Dodo Sumbawa. The presence of PT. Newmont in the region are not well received by the villagers of Lebangkar, resulting in rejection of the action in 2004 by way of demonstration and boycott the company's activities. Of the incident raises some issues: (1 who is the subject and what the object of the dispute? (2 how the process and the factors that cause disputes? (3 how the settlement of the dispute? The research method used in this research is an empirical law is derived from the analytical descriptik field data and data library. Processing and data analysis conducted qualitatively. Discussion until the conclusion in this paper can be described as follows: (1 subject to the dispute that is the village of Lebangkar with PT. Newmont and the Government of Sumbawa. The subject of dispute in the form of contract work necking VI results in 2005 with an area of ??87,500 ha. (2 The process of dispute which originated from exploration PT. Newmont in the woods Elang Dodo conducted in 2003. This exploration spawned several factors contributing to the dispute; violation of customs, reduced sources of income, lack of socialization, and control of natural resources. (3 dispute settlement efforts, through litigation and non-litigation. Settlement was not effective due; substance law, legal culture and legal structure.
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26 CFR 301.6224(c)-3 - Consistent settlements.
2010-04-01
... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Consistent settlements. 301.6224(c)-3 Section... settlements. (a) In general. If the Internal Revenue Service enters into a settlement agreement with any..., settlement terms consistent with those contained in the settlement agreement entered into. (b) Requirements...
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7 CFR 1951.894 - Debt settlement.
2010-01-01
... 7 Agriculture 14 2010-01-01 2009-01-01 true Debt settlement. 1951.894 Section 1951.894 Agriculture... REGULATIONS (CONTINUED) SERVICING AND COLLECTIONS Rural Development Loan Servicing § 1951.894 Debt settlement. Debt settlement of all claims will be handled in accordance with the Federal Claims Collection...
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Spatial Analyses of Harappan Urban Settlements
Directory of Open Access Journals (Sweden)
Hirofumi Teramura
2006-12-01
Full Text Available The Harappan Civilization occupies a unique place among the early civilizations of the world with its well planned urban settlements, advanced handicraft and technology, religious and trade activities. Using a Geographical Information Systems (GIS, this study presents spatial analyses that locate urban settlements on a digital elevation model (DEM according to the three phases of early, mature and late. Understanding the relationship between the spatial distribution of Harappan sites and the change in some factors, such as topographic features, river passages or sea level changes, will lead to an understanding of the dynamism of this civilization. It will also afford a glimpse of the factors behind the formation, development, and decline of the Harappan Civilization.
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Directory of Open Access Journals (Sweden)
Muhammad Ishar Helmi
2017-08-01
Full Text Available Undang-Undang PPHI mengatur asas penyelesaian perselisihan hubungan industrial dilakukan secara musyawarah mufakat, dengan berprinsip jika terjadi perselisihan antara pekerja/buruh dan pengusaha maka tahap pertama penyelesaian perselisihan tersebut diserahkan pada pihak yang berselisih (bipartit. Ketentuan Pasal 63 ayat (2 dan Pasal 67 ayat (1 huruf f Undang-Undang tersebut mengakibatkan hakim ad-hoc Pengadilan Hubungan Industrial, dalam menjalankan tugas dan tanggung jawabnya memeriksa dan memutus suatu perkara harus mandiri dan lepas dari segala bentuk intervensi lembaga/instansi manapun menjadi terbatasi dan tidak optimal. Hakim ad-hoc Peradilan Hubungan Industrial merupakan hakim yang diusulkan oleh serikat pekerja/serikat buruh, organisasi pengusaha, juga diberhentikan secara hormat oleh serikat pekerja/serikat buruh, organisasi pengusaha tersebut. Hal ini tentunya akan menciderai sistem peradilan yang bebas, tidak memihak dan bersih yang diimpikan karena para hakim akan dikuasai oleh para pihak yang berperkara, karena keberadaan hakim diangkat dan diberhentikan oleh pihak yang akan disidangkan di peradilan hubungan industrial tersebut. PPHI (Industrial Relations Disputes Settlement Act regulates the principle of settlement of industrial relations disputes by consensus, if there is a dispute between employee/workers and employers, the first stage of dispute settlement shall be submitted to disputing party (bipartite settlement. The provisions of Article 63 paragraph (2 and Article 67 paragraph (1 sub-paragraph f of the Act shall result in the ad-hoc judges of the Industrial Relations Court, in carrying out their duties and responsibilities to examine and decide a case shall be independent and kept away from any intervention of any institution. The ad-hoc judges of the Industrial Relations Court is a judge proposed by a trade union, employers organization, also dismissed respectfully by the trade union and the employers organization. This
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32 CFR 536.55 - Structured settlements.
2010-07-01
... 32 National Defense 3 2010-07-01 2010-07-01 true Structured settlements. 536.55 Section 536.55... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.55 Structured settlements. (a) The... of this part, structured settlements cannot be required but are encouraged in situations listed above...
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Directory of Open Access Journals (Sweden)
Leandro André Francisco Lima
2016-06-01
Full Text Available This study addresses the use of Alternative Dispute Resolution (ADR’s methods, owing to the new Civil Law Procedure Code, having as it’s theoretical framework the concept of access to justice as a Right to a fair Law system. It’s asked about the possibilities of using the alternative Online Dispute Resolution (ODR's tools by jurisdiction, provided by the information technology, in order to maximize the effects relating to that Right. The pertinence of this question is glimpsed in view of the broad society accession to the virtual life. It is used the hypothetical-deductive method. The research is theoretical, bibliographical and documentary.
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A conflict model for the international hazardous waste disposal dispute
International Nuclear Information System (INIS)
Hu Kaixian; Hipel, Keith W.; Fang, Liping
2009-01-01
A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.
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A conflict model for the international hazardous waste disposal dispute.
Hu, Kaixian; Hipel, Keith W; Fang, Liping
2009-12-15
A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.
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Directory of Open Access Journals (Sweden)
Citra Bakti Pangaribuan
2017-04-01
Full Text Available The existence ofthe arbitration clause in an agreement to hold the rights of the parties to submit the settlement of disputes to the Court. District Court was not authorized to adjudicate disputes which the parties have been bound in the arbitration agreement. District Courtmust reject and will not intervene in the dispute resolution in case established through arbitration. Similarly,`regarding a dispute that has been set by arbitration. Likewise ,a dispute concerning the ownership of PT. Televisi Pendidikan Indonesia where in the investment treaty arbitration agreement contained arbitration clause. This research study of its kind to examine the application of normative juridical and this research is descriptive analytical. Over ownership of PT. Televisi Pendidikan Indonesia (TPI is in the field of traded is putes that there klausula arbitration. The parties in writing to the treaty have included the arbitrationas a dispute resolution forum for that in this case the attitude of the court that received the settlement of disputes ownership of PT. Televisi Pendidikan Indonesia (PT. TPI has violated the provisions of Law No.30 of 1999 on arbitration and alternative dispute resolut
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Hasanah, Ulfia; Bachtiar, Maryati; Petresia, Yohanna
2015-01-01
Settlement of business disputes be an option for the parties to the dispute are usually used method of dispute resolution through alternative dispute resolution. Choice of dispute resolution in the capital market conducted litigation in general through the arbitration institution Indonesian Capital Market Arbitration Board (BAPMI). BAPMI arbitration decision issued BAPMI-004 / ARB-03 / VIII / 2011 on the application submitted by PT Bank Permata. BAPMI verdict obliging PT Nikko Securities to r...
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48 CFR 49.603-4 - Cost-reimbursement contracts-complete termination, with settlement limited to fee.
2010-10-01
... settlement limited to fee. [Insert the following in Block 14 of SF 30 for settlement of cost-reimbursement... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Cost-reimbursement contracts-complete termination, with settlement limited to fee. 49.603-4 Section 49.603-4 Federal...
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7 CFR 1782.20 - Debt Settlement.
2010-01-01
... 7 Agriculture 12 2010-01-01 2010-01-01 false Debt Settlement. 1782.20 Section 1782.20 Agriculture... (CONTINUED) SERVICING OF WATER AND WASTE PROGRAMS § 1782.20 Debt Settlement. Pursuant to 7 U.S.C. 1981, this section prescribes policies for debt settlement of Water and Waste Disposal loans; Watershed loans and...
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The structure of settlement space in a Polynesian chiefdom
International Nuclear Information System (INIS)
Weisler, M.; Kirch, P.V.
1985-01-01
A major settlement pattern study of a late prehistoric archaeological landscape on Molokaii Island, Hawaii, is summarised. The study focusses on the structure of settlement space within a 7.7 sq. km area situated along the south-central coast of Molokaii, and encompassing two traditional land units (ahupua'a), Kawela and Makakupaia Iki. Intensive survey resulted in the discovery of 499 architectural features. These features were recorded using a standardised data-base system (designed for computerised analysis using SPSS) with 37 discrete and continuous variable, including environmental data, architectural attributes, metrical data, and the presence and density of surface cultural materials. Seventy-two structural features (14 percent of the total sample) were excavated; the total excavated area of 442.5 sq. m provides the largest subsurface data base associated with an intensive settlement pattern survey in the Hawaiian Islands. The late prehistoric and largely contemporaneous nature of this sample is indicated by 13 radiocarbon age determinations, ranging from A.D. 1650-1820. The possibilities for directly applying ethnohistoric models in the analysis and interpretation of this settlement pattern are enhanced by the protohistoric age of the archaeological landscape. The structure of settlement space at Kawela and Makakupaia Iki is examined from the perspectives of several paradigms, including environmental, social, economic and semiotic. No single paradigm provides an adequate account of the variation and complexity of the settlement landscape; in consort, however, these varied perspectives contribute to an enhanced understanding of the structure of late prehistoric Hawaiian society
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2010-01-01
... disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of... Federal court of competent jurisdiction within one (1) year after final refusal by the Administrator to... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall...
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2010-10-01
... decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any... such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration...
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7 CFR 1951.213 - Debt settlement.
2010-01-01
... 7 Agriculture 14 2010-01-01 2009-01-01 true Debt settlement. 1951.213 Section 1951.213 Agriculture... and Grants § 1951.213 Debt settlement. Subpart C of part 1956 of this chapter prescribes policies and procedures for debt settlement actions for loans covered under this subpart when it is determined that a debt...
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International Nuclear Information System (INIS)
Strack, L.
2004-01-01
There is now extensive international law which regulates or prohibits the transboundary movement of radioactive waste. It seems likely that the trade restrictive provisions of the safety regime could be justified under the scope of Article X XI or X X GATT(general agreement on tariffs and trade). If a legitimate non proliferation issue were involved it is likely that any WTO (world trade organization) dispute settlement organ would allow governments the use of exceptions. Thus, the emerging international radioactive waste regime seems reconcilable under the WTO system. However, further clarification by the political, not the dispute settlement, institutions of the WTO would remove any remaining uncertainty by reaffirming the requirements of current law. Achieving sustainable development requires a coherent framework of global environment and economic governance. (N.C.)
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42 CFR 422.311 - RADV audit dispute and appeal processes.
2010-10-01
... Organizations § 422.311 RADV audit dispute and appeal processes. (a) Risk adjustment data validation (RADV) audits. In accordance with § 422.2 and § 422.310(e), CMS annually conducts RADV audits to ensure risk... 42 Public Health 3 2010-10-01 2010-10-01 false RADV audit dispute and appeal processes. 422.311...
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UPAYA KEBERATAN TERHADAP PNS YANG DIJATUHI HUKUMAN PEMBERHENTIAN TIDAK DENGAN HORMAT
Directory of Open Access Journals (Sweden)
Sri Hartini
2011-05-01
Full Text Available Staffing dispute settlement mechanism against civil servants who sanctioned by harsh punishment such not respect form, is a serious legal problem. From the research found that staffing is the State Administration dispute settlement. What penyelesaianya has its own characteristics. Disputes in the area of staffing are not handled directly by a State Administrative Court (Administrative Court, but must first be resolved through a process similar to a judicial process, conducted by a team or by an official in the government environment. The process in the science of law is called quasi-judicial (quasi rechtspraak, known as administrative appeals. Civil servants who will submit disputes to the Administrative Court, if the sanstion imposed on the basis of PP No. 53 years 2010 on the discipline of civil servants, the mechanism that must be passed is the efforts the administration that through to the Civil Service Advisory Board (BAPEK. Article 38 of Regulation 53 of 2010 administrative effort submitted to BAPEK, however these regulations do not provide clarity. Based on this research, the settlement of disputes relating to the dismissal of cicil servant by not respect can resolved by employment regulations, the legal basis is the Administrative Court Act, Article 48 paragraph 2 and Article 51 paragraph 3.
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Subsidence and settlement and their effect on shallow land burial
International Nuclear Information System (INIS)
Abeele, W.V.
1985-01-01
Subsidence and settlement are phenomena that are much more destructive than generally thought. In shallow land burials they may lead to cracking of the overburden and eventual exposure and escape of waste material. The primary causes are consolidation and cave-ins. Laboratory studies performed at Los Alamos permit us to predict settlement caused by consolidation or natural compaction of the crushed tuff overburden. Examples of expected settlement and subsidence are calculated based on the known geotechnical characteristics of crushed tuff. The same thing is done for bentonite/tuff mixes because some field experiments were performed using this additive (bentonite) to reduce the hydraulic conductivity of the crushed tuff. Remedial actions, i.e., means to limit the amount of settlement, are discussed. Finally, we briefly comment on our current field experiment, which studies the influence of subsidence on layered systems in general and on biobarriers in particular
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Language as an Instrument for Dispute Resolution in Modern Justice
Directory of Open Access Journals (Sweden)
Drabarz Anna K.
2017-12-01
Full Text Available The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.
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18 CFR 385.606 - Confidentiality in dispute resolution proceedings (Rule 606).
2010-04-01
... be required to disclose, any information concerning any dispute resolution communication or any communication provided in confidence to the neutral, unless: (1) All participants in the dispute resolution... reducing the confidence of participants in future cases that their communications will remain confidential...
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Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.
Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou
2011-10-01
This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.
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de Azevedo Mazzuco, Ana Carolina; Christofoletti, Ronaldo Adriano; Coutinho, Ricardo; Ciotti, Áurea Maria
2018-07-01
Atmospheric fronts such as cold fronts are dynamic mesoscale systems with potential effects on the ecology of marine communities. In this study, larval dynamics in subtropical rocky shore communities were evaluated under the influence of atmospheric frontal systems. The hypothesis is that these systems may promote favorable conditions for larval supply and settlement regardless of taxa or site, and that supply and settlement vary in association with fluctuations of meteorological and oceanographic conditions driven by the fronts. This study was carried out in the Southeastern Brazil littoral region under the influence of coastal upwelling events (Cabo Frio) and subject to weekly atmospheric frontal systems, cold polar fronts. The spatial and temporal variability of larvae and settlers of barnacles and mussels were assessed by collecting daily samples at three sites before, during and after atmospheric cold fronts, and the atmospheric and pelagic conditions were monitored. Contrasts among rates, events and sites were tested using discriminant function analysis, analyses of variance and correlation analysis. Atmospheric frontal systems were considered to influence the sites when wind direction changed to SW-S-SE and persisted for at least a day, and waves from SW-SW-SE increased in height. The results corroborate the hypothesis that cold fronts are important regulators of larval dynamics and intertidal communities on rocky shores of the studied area. Both larval supply and settlement were highly correlated with fluctuations in wind speed and direction. Higher settlement rates of barnacles occurred one-day prior, or on the onset of cold fronts. Mussels species tended to settle during all conditions, but on average, settlement rates were higher during the cold fronts. Some temporal trends were site specific and variability was detected among taxa and larval stages. Our findings suggest that mesoscale oceanographic/atmospheric systems are particularly relevant on the
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Syahrizal
2012-01-01
Settlement of dispute in Sharia banking, according to Law No. 50/2009 on Religious Court, is authorized to religious court; however, in Law No. 21/2008 on Sharia Banking and in clauses of some sharia banks, it can also be handled through district court. This condition will become dualism in its implementation. The research used descriptive method which explains, describes, and analyzes the mechanism of the settlement of dispute in sharia contracts, the reason why the contrac...
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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.
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2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Dispute. 192.33 Section 192.33 Foreign Relations DEPARTMENT OF STATE HOSTAGE RELIEF VICTIMS OF TERRORISM COMPENSATION Medical Benefits for Captive... Director, Department of State, for a determination. If the person bringing the claim is not satisfied with...
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Supporting Children to Resolve Disputes
Church, Amelia; Mashford-Scott, Angie; Cohrssen, Caroline
2018-01-01
Teacher intervention in children's disputes most commonly features cessation strategies, despite evidence showing the value of modelling problem-solving behaviours. Existing research has categorized strategies used by teachers in early childhood settings, but in this article we aim to illustrate how these practices are realized. Using the method…
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The supply chain of tobacco as disputes field
Directory of Open Access Journals (Sweden)
Alex Alexandre Mengel
2017-08-01
Full Text Available The paper analyzes the existing conflicts in the tobacco production chain in Brazil and the strategies historically established by each agent. Therefore, we interpret the tobacco production chain as a field of disputes. As methodological tools we conducted to literature review and semi-structured interviews. Among the results, we found that, in general, the actors in the tobacco field take three types of strategies: 1 the defense of the field; 2 intermediate strategic positions mulling conflicting historical disputes in the field; 3 positions contrary to the tobacco field.
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The Best of Both Worlds? Free Trade in Services and EU Law on Privacy and Data Protection
Yakovleva, S.; Irion, K.
2016-01-01
The article focuses on the interplay between European Union (EU) law on privacy and data protection and international trade law, in particular the General Agreement on Trade in Services (GATS) and the WTO dispute settlement system. The argument distinguishes between the effects of international
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Directory of Open Access Journals (Sweden)
Ghassan Niko Hasbi
2018-01-01
Full Text Available The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1, (2, (3 of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1, the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2 of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1 of Law No. 21 of 2008 and the District Court stated in the elucidation of Article 55 paragraph (2 of the Act No. 21 of 2008, so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012. This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012. The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how
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48 CFR 53.301-1437 - Settlement Proposal for Cost-Reimbursement Type Contracts.
2010-10-01
... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Settlement Proposal for Cost-Reimbursement Type Contracts. 53.301-1437 Section 53.301-1437 Federal Acquisition Regulations...-1437 Settlement Proposal for Cost-Reimbursement Type Contracts. ER09DE97.012 [62 FR 64951, Dec. 9, 1997] ...
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Oil and Gas Development in Disputed Waters under UNCLOS
Yiallourides, Constantinos
2016-01-01
Maritime delimitation is crucial in determining which coastal States may exercise control and jurisdiction over certain hydrocarbon deposits. Although international law has recently become more precise on the matter, boundary disputes are frequently resolved only after several or even many years. Even while coastal States are in a deadlock over delimitation issues, the need to explore and exploit the disputed areas’ resources remains imperative for reasons of energy security, social welfare a...
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Collapse settlement in compacted soils
CSIR Research Space (South Africa)
Booth, AR
1977-01-01
Full Text Available Research into collapse settlement in compacted soils is described, with special reference to recent cases in Southern Africa where collapse settlement occurred in road embankments following wetting of the soil. The laboratory work described...
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Water Loss in Small Settlements
Mindaugas Rimeika; Anželika Jurkienė
2014-01-01
The main performance indicators of a water supply system include the quality and safety of water, continuous work, relevant pressure and small water loss. The majority of foreign and local projects on reducing water loss have been carried out in the water supply systems of metropolitans; however, the specificity of small settlements differs from that of big cities. Differences can be observed not only in the development of infrastructure and technical indicators but also in the features of wa...
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76 FR 42625 - International Settlements Policy Reform
2011-07-19
...] International Settlements Policy Reform AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Federal Communications Commission proposes to remove the International Settlements... proposes to remove the International Settlements Policy (ISP) from all U.S. international routes except...
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Settlement of uranium mill tailings
International Nuclear Information System (INIS)
Chen, P.K.; Guros, F.B.; Keshian, B.
1988-01-01
Two test embankments were constructed on top of an old tailings deposit near Ambrosia Lake, New Mexico to determine settlement characteristics of hydraulically- deposited uranium mill tailings. Before construction of the embankments, properties of in-situ tailings and foundation soils were determined using data from boreholes, piezocone soundings, and laboratory tests. These properties were used to estimate post-construction settlement of a planned disposal embankment to be constructed on the tailings. However, excessive uncertainty existed in the following: field settlement rates of saturated and unsaturated tailings, degree of preconsolidation of the upper 15 feet of tailings, and the ability of an underlying silty sand foundation layer to facilitate drainage. Thus, assurance could not be provided that differential settlements of the radon barrier and erosion protection layers would be within allowable limits should the planned disposal embankment be constructed in a single-stage
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2010-10-01
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Disputes. 327.4 Section 327.4 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) § 327.4...
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Dauer, Edward A
2002-12-01
Health care has undergone radical changes, and it may be predicted that further changes are in the offing as the burdens and the benefits of the newer configurations become known. Change in any system stresses it, creating opportunities for conflict as people and organizations adjust to new realities and encounter changed expectations. The opportunities for conflict in health care (and legal conflict with it), therefore, have been and will continue to be a measurable part of health care's daily life. Many of these conflicts can be managed through one or another of the several forms of ADR. Some ADR procedures are most productive when used as alternatives to impending litigation. Others may be employed when litigation is not likely but when the persistence of conflict, such as that within a newly structured provider organization, would otherwise take its toll on the productivity of the organization and those who work within it. The challenge in using ADR for any of these problems is similar to what physicians understand as differential diagnosis. A good therapy applied to the wrong case yields a bad result. The world of ADR has matured to the point at which the salient features of both cases and procedures are well-enough understood to allow for low-risk and high-benefit applications. This is particularly true for disputes involving allegations of medical error, where the indicators of efficacy are very positive and the risks to safety are comfortably low. Mediation in particular, but mediation of the interest-based style rather than the settlement conference style, deserves fuller consideration and broader use.
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Subsidence and settlement and their effect on shallow land burial
International Nuclear Information System (INIS)
Abeele, W.V.
1985-01-01
Subsidence and settlement are phenomena that are much more destructive than generally thought. In shallow land burials they may lead to cracking of the overburden and eventual exposure and escape of waste material. The primary causes are consolidation and cave-ins. Laboratory studies performed at Los Alamos permit us to predict settlement caused by consolidation or natural compaction of the crushed tuff overburden. Examples of expected settlement and subsidence are calculated based on the known geotechnical characteristics of crushed tuff. The same thing is done for bentonite/tuff mixes because some field experiments were performed using this additive (bentonite) to reduce the hydraulic conductivity of the crushed tuff. Remedial actions, i.e., means to limit the amount of settlement, are discussed. Finally, we briefly comment on our current field experiment, which studies the influence of subsidence on layered systems, in general, and on biobarriers, in particular. 16 references, 7 figures, 5 tables
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Geographical evaluation of the impact of nuclear power plants on settlement structures
International Nuclear Information System (INIS)
Divinsky, B.
1992-01-01
The effects of nuclear power plants are classed with respect to their character (one-sided or many-sided), order (primary or secondary), quality (positive or adverse), duration (temporary or permanent), and space (microregional or macroregional). The following topics must be included in the methodology of evaluation of the impacts of a nuclear power plant on the region: characteristics of the present settlement network, relationships within the settlement system, spatial transformation of settlements, development of urbanization, population density, town and village sizes, functional types of settlements, migration, age and social structure of the population, economic activity, town and village facilities, technical infrastructure, transport and traffic, psycho-social impacts of the occurrence of the nuclear power plant, microecology (microenvironment). (M.D.). 5 refs
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Clearing and settlement of exchange traded derivatives
John McPartland
2009-01-01
Derivatives are a class of financial instruments that derive their value from some underlying commodity, security, index, or other asset. Futures and options are common forms of derivatives. This article explains how clearing and settlement systems for exchange traded derivatives work.
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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.
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41 | Page SPECIAL AND DIFFERENTIAL TREATMENT IN THE WTO ...
African Journals Online (AJOL)
Fr. Ikenga
For the running of this mammoth system, the WTO initiates numerous trade agreements relating to goods, services, intellectual properties, civil aircraft, ..... seeking both to protect and preserve the environment and to enhance the means for doing so in ..... damaged countries and dispute settlement, are the formal control.
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The Relevance of the Doctrine on Restorative Justice in the Indonesian Sentencing System
Directory of Open Access Journals (Sweden)
Bambang Waluyo
2015-08-01
Full Text Available Referring on the development of criminal law recently, it is inevitable to reform the criminal law through changes on the Indonesian Criminal Code (KUHP. Being derived from the foreign law (relic of the colonial era, the Criminal Code has been obsolete, injustice, outmoded and unrealistic irrelevant for the present reality. The type of research employed in this paper is normative research, reviewing the restorative justice principle from the perspective of the criminal law system, with the aim of constructing a restorative justice concept which is ideal to be applied in the Indonesian criminal law system. The concept of restorative justice is an approach of problem solving that emphasizes the recovery of victims and to restore the relationship between the perpetrator and the victim and to their respective communities. By using such approach, the parties are expected to reach a mutual agreement related to the settlement of disputes which expected to harmonize the relationship of the parties prior the occurrence of the crime. On the practical level, the principles on restorative justice for the settlement of criminal case may need to be implemented imminently as part of the criminal system in Indonesia.
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Divided parents, shared children
Conflicting approaches to relocation disputes in the USADirectory 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.
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42 CFR 50.404 - What disputes are covered by these procedures?
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...
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2010-01-01
... 7 Agriculture 10 2010-01-01 2010-01-01 false Settlement. 1427.172 Section 1427.172 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE LOANS, PURCHASES, AND OTHER OPERATIONS COTTON Recourse Seed Cotton Loans § 1427.172 Settlement. (a...
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2010-04-01
... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Settlement. 498.126 Section 498.126 Employees' Benefits SOCIAL SECURITY ADMINISTRATION CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS § 498.126 Settlement. The Inspector General has exclusive authority to settle any issues or case...
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DeSouza, J R
1998-01-01
As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.
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Directory of Open Access Journals (Sweden)
Maarten J. van Strien
2018-04-01
Full Text Available Worldwide, the expansion of settlement and transport infrastructure is one of the most important proximate as well as ultimate causes of biodiversity loss. As much as every modern human society depends on a network of settlements that is well-connected by transport infrastructure (i.e., settlement network, animal and plant species depend on networks of habitats between which they can move (i.e., habitat networks. However, changes to a settlement network in a region often threaten the integrity of the region's habitat networks. Determining plans and policy to prevent these threats is made difficult by the numerous interactions and feedbacks that exist between and within the settlement and habitat networks. Mathematical models of coupled settlement and habitat networks can help us understand the dynamics of this social-ecological system. Yet, few attempts have been made to develop such mathematical models. In this paper, we promote the development of models of coupled settlement and habitat networks for biodiversity conservation. First, we present a conceptual framework of key variables that are ideally considered when operationalizing the coupling of settlement and habitat networks. In this framework, we first describe important network-internal interactions by differentiating between the structural (i.e., relating to purely physical conditions determining the suitability of a location for living or movement and functional (i.e., relating to the actual presence, abundance or movement of people or other organisms properties of either network. We then describe the main one-way influences that a settlement network can exert on the habitat networks and vice versa. Second, we give several recommendations for the mathematical modeling of coupled settlement and habitat networks and present several existing modeling approaches (e.g., habitat network models and land-use transport interaction models that could be used for this purpose. Lastly, we elaborate
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45 CFR 74.91 - Alternative dispute resolution.
2010-10-01
... resolution (ADR) techniques. ADR often is effective in reducing the cost, delay and contentiousness involved in appeals and other traditional ways of handling disputes. ADR techniques include mediation, neutral...
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African Journals Online (AJOL)
Fr. Ikenga
Key words: Arbitration and ADR, Nexus and disparities, Mediation, Juridical nature of ... Settlement of dispute is a universal phenomenon and plays a vital role in ..... Under this theory, the state recognizes that some disputes can be resolved by ...
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Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests
Directory of Open Access Journals (Sweden)
Олег Степанович Ткачук
2016-06-01
Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure
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2010-01-01
... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Settlements. 838.1018 Section 838.1018 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) COURT... Settlements. The former spouse may request that an amount be withheld from the retirement benefits that is...
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6 CFR 13.46 - Compromise or settlement.
2010-01-01
... 6 Domestic Security 1 2010-01-01 2010-01-01 false Compromise or settlement. 13.46 Section 13.46 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.46 Compromise or settlement. (a) Parties may Make offers of compromise or settlement at any time...
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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
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Naval power, endogeneity, and long-distance disputes
Directory of Open Access Journals (Sweden)
Brian B. Crisher
2017-02-01
Full Text Available Does an increase in naval power increase the likelihood of interstate disputes? While volumes have been written on the importance of naval power, we are left with little more than intuition and anecdotal evidence to provide potential answers to this question. Endogeneity issues in particular make it difficult to untangle the links between developing naval power and interstate conflict. Here I present a new instrument for naval power. Utilizing a new dataset of naval power and employing an instrumental variable analysis, I present one of the first large cross-national studies showing a significant link between naval power and a specific type of interstate conflict - non-contiguous disputes. The findings have implications for the future actions of states whose naval strength is growing.
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Iyer, K. C.; Chaphalkar, N. B.; Patil, Smita K.
2018-06-01
Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process involves detailed and through analysis of facts and evidences related to the case before arriving at the final decision. These facts and evidences have been explored by researchers to develop dispute resolution mechanisms. As a part of the research, the present work identifies the factors which influence the decision making of arbitrators in resolving disputes through a case study of 72 arbitration awards and settled court cases related to Indian construction contracts. This work further seeks consensus for the identified factors from experts and also ranks the factors based on their importance with the help of the responses obtained through a questionnaire survey and statistical tests.
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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.
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Administration by negotiation in the Netherlands
Jansen, O.J.D.M.L.
2002-01-01
The legal literature in the Netherlands has been paying a considerable amount of attention for some time now to horizontal administration or administration by negotiation., voluntary agreements, mediation, Alternative Dispute Resolution (ADR) and dispute settlement. The issue is still of continued
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Improvement of national legislation in alternative resolution of legal disputes area
Directory of Open Access Journals (Sweden)
Ярослав Павлович Любченко
2016-01-01
Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which
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2010-01-01
... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Settlements. 838.135 Section 838.135 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) COURT... § 838.135 Settlements. (a) OPM must comply with the terms of a properly filed court order acceptable for...
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2010-10-01
... 42 Public Health 2 2010-10-01 2010-10-01 false Settlement. 402.17 Section 402.17 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS General Provisions § 402.17 Settlement. CMS or OIG has...
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2010-10-01
... 45 Public Welfare 1 2010-10-01 2010-10-01 false Settlement. 150.413 Section 150.413 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS Administrative Hearings § 150.413 Settlement. CMS has exclusive...
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2010-10-01
... 42 Public Health 5 2010-10-01 2010-10-01 false Settlement. 1003.126 Section 1003.126 Public Health OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES OIG AUTHORITIES CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS § 1003.126 Settlement. The Inspector General has exclusive...
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Shifting Paradigms in International Investment Law
DEFF Research Database (Denmark)
rightly remain muted at this point. Overall, the field is in a tense state of flux, with important questions in need of apt resolution; some more controversial—reforming the system of investor–State dispute settlement, for one—than others (protecting the State’s ability to regulate, for instance)....
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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.
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2012-01-01
D.Litt. et Phil. The purpose of the study is to analyse the development of informal settlements in South Africa, with particular reference to the role of the Government in the improvement of informal settlement conditions around Daveyton, especially at the Etwatwa informal settlement. Research has shown that there is common experience in developing countries in Africa, Asia and Latin America in as far as the development of squatter settlements or informal settlements are concerned. This st...
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Kewenangan Pengadilan Niaga dalam Penyelesaian Sengketa Bisnis
Iskandar, Agus
2012-01-01
The title of this research is the study of the Authority of the Commercial Court in Business Disputes Settlement. The main issues of this research are as follows: (1) What is the authority of the Commercial Court in the settlement of business disputes, due to unclear object of commercial case which can be handled by the Commercial Court? The results of this research are as follows: First, the authority of the Commercial Court under the bankruptcy law is to examine and adjudicate bankruptcy ...
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Directory of Open Access Journals (Sweden)
Aleksandra Stoilkovska
2015-06-01
Full Text Available Disputes resolved with the use of mediation as a form of dispute resolution are rare (or at striking level in the practice in our country. In order to increase the number of disputes that were successfully completed based on mediation, it is necessary for the people to know about the alternative forms of resolving litigation. The lack of information contributes to the lack of trust in any resolution of the dispute except in the court. There is also the positive practice of resolving disputes through mediation macular placed in public. This Paper treats the action research which aims to connect the people awareness of mediation as a form of negotiation through which can quickly and easily, without major financial implications, to resolve any dispute. This paper is based on a survey with the members of Chamber of Mediators of the Republic of Macedonia. These results clearly confirm the lack of information among the local population about the forms of dispute resolution that are available and the benefits they offer.
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Tanderup, Kasper Buch; Grinderslev, Emil Juhler; Tønnesen-Højbjerg, Asser Laurits Svend
2017-01-01
China is rising rapidly in terms of economics, military spending, sphere of influence and claims to in their view former territory. This paper has aimed to discuss the latter through analysis of the present dispute concerning islands and maritime territory in the South China Sea. The Chinese have become increasingly assertive in their claims formulated through a U-shaped line entailing most of the area within the South China Sea. The claims are contested by Vietnam, the Philippines, Indonesia...
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Consolidation and shear failure leading to subsidence and settlement. Part I
International Nuclear Information System (INIS)
Abeele, W.V.
1985-11-01
Subsidence and settlement are phenomena that are much more destructive than generally thought. In shallow land burials they may lead to cracking of the overburden and eventual exposure and escape of waste material. The primary causes are consolidation and cave-ins. Laboratory studies performed at Los Alamos permit us to predict settlement caused by consolidation or natural compaction of the crushed tuff overburden. We have also investigated the shear failure characteristics of crushed tuff that may lead to subsidence. Examples of expected settlement and subsidence are calculated based on the known geotechnical characteristics of crushed tuff. The same thing is done for bontonite/tuff mixes because some field experiments were performed using this additive (bentonite) to reduce the hydraulic conductivity of the crushed tuff. Remedial actions, i.e., means to limit the amount of settlement, are discussed. Finally, we briefly comment on our current field experiment, which studies the influence of subsidence on layered systems in general and on biombarriers in particular
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Performance evaluation of court in construction claims settlement of litigation
Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief
2017-06-01
Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.
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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.
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Livelihoods of squatter settlements : analysis from tenure perspective
Shrestha, Ashokkumar; Nepali, Purna; Panday, U.S.; Shrestha, Reshma
2017-01-01
Squatter settlements are inevitable in most of the urban areas. Livelihood situation of squatter settlements seem poor, vulnerable and miserable. Living condition in these settlements suffered from overcrowding, inadequate accommodation, limited access to clean water and sanitation, lack of proper
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Spatial Analysis of Placement and Topography of Early Iron Age Settlements in Chuvash Sura Region
Directory of Open Access Journals (Sweden)
Fedulov Mikhail I.
2018-03-01
Full Text Available An analysis of the arrangement system of ancient fortifications dating back to the Early Iron Age allowed to distinguish a special coastal group of sites located on the right bank of the Sura river within the boundaries of the Chuvash Republic. Determination of the topographical features of settlement arrangement, connection between fortified and unfortified settlements, and residential areas are the primary objectives of the spatial analysis. The authors established that the central sites of the micro-regions are settlements surrounded with several satellites located within two kilometers from the settlements. They can be individual or group sites consisting of two sites located in close proximity to each other. The cartographic method allowed to distinguish a group of coastal monuments clearly associated with the riverbank of the Sura. The settlements differ from other sites by their size and diverse system of fortifications. The association between settlements and fortifications is traced by the authors on the example of a group of sites in the vicinity of Ilyina Gora, Vyselok No. 1 and No. 2 in the Yadrinsky district. The gravitational model reveals a weak association factor due to the small size of the sites and their remoteness from each other.
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Monitoring informal settlements using SAR polarimetry
CSIR Research Space (South Africa)
Kleynhans, W
2012-10-01
Full Text Available for settlement mapping and detection has remained largely unexplored in Southern Africa. The objective of this study is to investigate the possible role that SAR polarimetry could play in the monitoring of informal settlements....
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48 CFR 49.603-3 - Cost-reimbursement contracts-complete termination, if settlement includes cost.
2010-10-01
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Cost-reimbursement... Termination Forms and Formats 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost. [Insert the following in Block 14 of SF 30 for settlement of cost-reimbursement contracts...
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Briefing : the Eritrean-Ethiopian border dispute
Abbink, G.J.
1998-01-01
On 6 May 1998, a violent conflict erupted in the Ethiopian-Eritrean border area. This article contends that this border crisis is neither unexpected nor the result of a real border dispute. Rather, it is due to three factors: the particular history and relationship of the two insurgent movements
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DEFF Research Database (Denmark)
Mortensen, Peder Duelund; Hornyanszky, Elisabeth Dalholm; Larsen, Jacob Norvig
2013-01-01
Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice...
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Data on strategically located land and spatially integrated urban human settlements in South Africa.
Musakwa, Walter
2017-12-01
In developing countries like South Africa processed geographic information systems (GIS) data on land suitability, is often not available for land use management. Data in this article is based on a published article "The strategically located land index support system for humans settlements land reform in South Africa" (Musakwa et al., 2017) [1]. This article utilities data from Musakwa et al. (2017) [1] and it goes on a step further by presenting the top 25th percentile of areas in the country that are strategically located and suited to develop spatially integrated human settlements. Furthermore the least 25th percentile of the country that are not strategically located and spatially integrated to establish human settlements are also presented. The article also presents the processed spatial datasets that where used to develop the strategically located land index as supplementary material. The data presented is meant to stir debate on spatially integrated human settlements in South Africa.
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Children morbidity in two Bulgarian settlements near uranium mines for the period 1985 - 1989
International Nuclear Information System (INIS)
Kusheva, R.; Yagova, A.; Kushev, K.
1992-01-01
This retrospective investigation of children morbidity is based on official statistical information. The comparison between the children from ecologically jeopardized settlements of Bukhovo and Jana and the control village of German includes the total morbidity as well as the morbidity of particular groups of diseases. It is found that both contaminated settlements have higher total morbidity which is due mainly to the respiratory system diseases as well as to the diseases of nervous, gastrointestinal and urinary systems, skin, traumas and poisonings. The groups of diseases which are possibly caused by radiation factors in the ecologically jeopardized settlements have characteristics lower than those of the country as a whole and the control village. 6 refs., 1 tab. (A.B.)
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41 CFR 102-38.315 - Are we required to use Alternative Disputes Resolution for sales contracts?
2010-07-01
... Alternative Disputes Resolution for sales contracts? 102-38.315 Section 102-38.315 Public Contracts and... required to use Alternative Disputes Resolution for sales contracts? No, you are not required to use Alternative Disputes Resolution (ADR) for sales contracts. However, you are encouraged to use ADR procedures...
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Energy Technology Data Exchange (ETDEWEB)
NONE
2006-12-22
The system of regulating electrical power market is explained. The Norwegian regulating power market has a yearly turnover of 8 TWh worth 2 billion NOK. The settlement in the regulating power market is presently conducted on a weekly basis. Most other types of settlements in the current power market are settled daily. In total there are 256 parties involved in the (Norwegian) regulating power market, of which 137 are balance responsible and 139 companies responsible for the hour-value reports. An analysis of positive and negative effects is made through interviews with a selection of representatives from the power market, including Statnett, trade companies, network companies and IT system suppliers. Positive and negative aspects are illuminated, and the conclusion drawn that the current system of weekly settlements is preferred with today's technology. Four different models of daily settlement are compared, including the Swedish model of preliminary settlement. NVE is encouraged to conduct further investigations on improvements in the area of swift, exact and equal access to meter data.
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Air Quality, Energy Budget, and Offset Policy in South Africa's Low-Income Settlements
Hersey, S. P.; Piketh, S.; Burger, R.
2014-12-01
Urban and exurban residential populations in South Africa reside primarily in low-income settlements, including many townships remaining from Apartheid. Over 3 million free government homes have been built in the last 20 years, but the number of people living in informal settlements is the same as at the end of Apartheid in 1994 - a consequence of rapid urbanization. Despite availability of electricity to the vast majority of South Africans, ~80% of electrified homes in low-income areas also burn coal and/or wood as supplementary fuels for cooking and heating. These domestic burning activities represent 70-85% of total PM10mass during winter in South Africa's low-income settlements. Here we analyze data from observations of human-atmosphere systems in: 1) 19 ground monitoring sites in Gauteng Province (Johannesburg and Pretoria), and 2) an intensive sampling campaign in a township in Mpumalanga Province (Industrial Highveld). From ground monitoring, we quantitatively describe seasonal and diurnal trends in PM10 and PM2.5 typical in low-income settlements as compared with industrial and developed suburban areas, and demonstrate the impact of low-income settlements on regional air quality. We also explore the implications of economic development in townships (increased household income, expanded commercialization and widespread electricity usage) on local and regional air quality. Data from the intensive township sampling study provides a seasonal energy budget for domestic burning in low-income settlements and suggests that indoor and ambient air quality are independent systems requiring unique interventions. We conclude with a preview of innovative strategies being developed by industry, government, and academic stakeholders for a not-like-for-like emissions offset policy in South Africa, focused on investments directly into low-income settlements that are aimed at reducing PM exposure.
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7 CFR 1940.406 - Real estate settlement procedures.
2010-01-01
... 7 Agriculture 13 2010-01-01 2009-01-01 true Real estate settlement procedures. 1940.406 Section... AGRICULTURE (CONTINUED) PROGRAM REGULATIONS (CONTINUED) GENERAL Truth in Lending-Real Estate Settlement Procedures § 1940.406 Real estate settlement procedures. (a) General. This section provides the instructions...
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Directory of Open Access Journals (Sweden)
B. T. Mokoena
2016-06-01
Full Text Available Upgrading and relocating people in informal settlements requires consistent commitment, good strategies and systems so as to improve the lives of those who live in them. In South Africa, in order to allocate subsidised housing to beneficiaries of an informal settlement, beneficiary administration needs to be completed to determine the number of people who qualify for a subsidised house. Conventional methods of occupancy audits are often unreliable, cumbersome and non-spatial. Accordingly, this study proposes the use of mobile GIS to conduct these audits to provide up-to-date, accurate, comprehensive and real-time data so as to facilitate the development of integrated human settlements. An occupancy audit was subsequently completed for one of the communities in the Ekurhuleni municipality, Gauteng province, using web-based mobile GIS as a solution to providing smart information through evidence based decision making. Fieldworkers accessed the off-line capturing module on a mobile device recording GPS coordinates, socio-economic information and photographs. The results of this audit indicated that only 56.86% of the households residing within the community could potentially benefit from receiving a subsidised house. Integrated residential development, which includes fully and partially subsidised housing, serviced stands and some fully bonded housing opportunities, would then be key to adequately providing access to suitable housing options within a project in a post-colonial South Africa, creating new post-1994 neighbourhoods, in line with policy. The use of mobile GIS therefore needs to be extended to other informal settlement upgrading projects in South Africa.
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Circular migration patterns and determinants in Nairobi slum settlements
Directory of Open Access Journals (Sweden)
Donatien Beguy
2010-09-01
Full Text Available This paper measures migration flows and determinants in two slum settlements in Nairobi City between 2003 and 2007. The results confirm the high intensity of migration with a quarter of the total slum population and a third of those aged 15-30 being renewed annually. A circular migration system is at play whereby the majority of slum dwellers are short-term migrants spending on average less than 3 years in the area. Migration is more intense during early adulthood (20-24, and despite very similar determinants across gender, mobility is more intense among women compared to men. The increasing feminization of migration is likely to change the face of slum settlements, resulting in more balanced sex ratios, in line with city-wide trends in Nairobi over the past half century. The high population turnover is due to the insecurity of livelihoods, tenure, and poor basic amenities and social services in slum settlements.
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Mapping Indigenous Settlement Topography in the Caribbean Using Drones
Directory of Open Access Journals (Sweden)
Till F. Sonnemann
2016-09-01
Full Text Available The archaeology of Amerindian settlements in the Caribbean has mostly been identified through scatters of artefacts; predominantly conglomerations of shells, ceramics and lithics. While archaeological material may not always be visible on the surface, particular settlement patterns may be identifiable by a topography created through cultural action: earthen mounds interchanging with mostly circular flattened areas. In northern Hispaniola, recent foot surveys have identified more than 200 pre-colonial sites of which several have been mapped in high resolution. In addition, three settlements with topographical characteristics have been extensively excavated, confirming that the mounds and flattened areas may have had a cultural connotation in this region. Without the availability of high resolution LiDAR (Light Detection and Ranging data, a photogrammetric approach using UAS (unmanned aircraft system, commonly known as drones can fill the knowledge gap on a local scale, providing fast and reliable data collection and precise results. After photogrammetric processing, digital clearance of vegetation, and extraction of the georeferenced DEM (digital elevation model and orthophoto, filters and enhancements provide an opportunity to visualize the results in GIS. The outcome provides an overview of site size, and distribution of mounds and flattened areas. Measurement of the topographic changes in a variety of past settlements defines likely zones of habitat, and provides clues on the actual dimensions and density of living space. Understanding the relation of the mounds and adjacent flat areas within their environment allows a discussion on how, and for what purpose, the settlement was founded at a particular location, and provides clues about its spatial organization.
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Directory of Open Access Journals (Sweden)
SYAM Rachma Marcillia
2016-12-01
Full Text Available House is not only functioning as a place for shelter, but also for accommodating personal and social activities of its inhabitants. Unfortunately in post quake disaster dome houses Ngelepen, Yogyakarta, the majority of the early settlers must change their behavior and habits that they used to do in their previous environment to adjust the new settlement. These happened because dome housing did not facilitate some activities whether personal or social activities within the house, therefore the activities extended to the outside of the house or even the surrounding environment. This study aims to understand the system activities on the dome house settlement Yogyakarta. In order to get detailed description, quantitative as well as qualitative approach was done through observation of the activities type, when and where the activities conducted. Data collection was done by continuous place centered behavior mapping to know how the occupants use and accommodate their behavior in certain time and specific place. The results of this study showed that daily activities on weekdays and holidays conducted by different group; children, adult and elderly, at different areas and for different type of activities in certain times. The pathways and courtyard of the house mostly used for domestic household activities and leisure as an extension of the social interaction space. In understanding the system activities that occurred, it is expected that this study can contribute to improve the quality of life of people live in a relocation settlement.
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Melanie Klein and Anna Freud: the discourse of the early dispute.
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.
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Content disputes in Wikipedia reflect geopolitical instability.
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.
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Roesyanto; Iskandar, R.; Silalahi, S. A.; Fadliansyah
2018-02-01
The method of soil improvement, using the combination of prefabricated vertical drain (PVD) and preloading, was used to accelerate the process of consolidation and the consolidation settlement in the runway of Kualanamu International Airport, which was constructed on the soft soil sediment like silty clay. In this research, the investigated area was the runway of Kualanamu International Airport zone I which had 11 meter-thickness of soft soil. Geotechnic instruments surveyed was settlement plate. Monitoring was done toward the behavior of landfill such as basic soil settlement. The result were compared with the analysis of finite element method of full scale in Mohr-Coulomb model by verifying the vertical drain of asymmetric unit cell and equivalent plane strain unit cell condition. The results of the research showed that there were an interesting behavior between the data in field observation and finite element of Mohr-Coulomb model. It was also found that the result of soil settlement of finite element method of Mohr-Coulomb model was closed to the result of settlement plate monitoring.
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Farmers' laws and irrigation : water rights and dispute management in the hills of Nepal
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
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24 CFR 3500.9 - Reproduction of settlement statements.
2010-04-01
... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Reproduction of settlement... HOUSING AND URBAN DEVELOPMENT REAL ESTATE SETTLEMENT PROCEDURES ACT § 3500.9 Reproduction of settlement... in sections F and H, respectively. (3) Reproduction of the HUD-1 must conform to the terminology...
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Newell, RR; ConstandseWestermann, TS
In this paper the results of the analysis of data on residential and non-residential settlements in seventy arctic and sub-arctic North American collector societies are presented. These results are related to the major resource strategies of those societies, and pertain to the ten analytical domains
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Settlement patterns and sustainability
DEFF Research Database (Denmark)
Hendriksen, Kåre
This paper discusses settlement patterns and sustainability. Generally urbanization is recognised as an inevitable development driven by job opportunities, better service supply, education, and health services, and it is argued that this is the main driver for centralisation. Research based...... on economic and demographic studies and a large series of interviews problematize this. In Greenland the historical correlation between settlement pattern and livelihood has been decoupled, so that distributions of jobs and potential earnings to a growing extend is a consequence of political and...
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Alternative Means of Family Dispute Resolution.
Davidson, Howard, Ed.; And Others
Twenty-eight articles focusing on non-adversarial approaches to resolving family disputes without formal court procedures are collected in this manual. The 16 articles in the first chapter discuss aspects of divorce mediation. These are followed by six papers in the second chapter on the mediation of family conflicts involving domestic violence…
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Nationalism: The Media, State, and Public in the Senkaku/Diaoyu Dispute
2015-03-01
Spratly Islands Dispute Brunei, China, Malaysia , Philippines, Taiwan, and Vietnam all claim sovereignty over a group of islands, rocks, and reefs in the...South China Sea, known internationally as the Spratly islands. Brunei, Malaysia , Philippines, and Vietnam claim only a portion, while China and...continued its attempt to manage both domestic support and negative consequences over the dispute. In March, the Diet adopted a resolution on the SDI
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Internalization, Clearing and Settlement, and Liquidity
Degryse, H.A.; van Achter, M.; Wuyts, G.
2012-01-01
Abstract: We study the relation between liquidity in financial markets and post-trading fees (i.e. clearing and settlement fees). The clearing and settlement agent (CSD) faces different marginal costs for different types of transactions. Costs are lower for an internalized transaction, i.e. when
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48 CFR 49.108-3 - Settlement procedure.
2010-10-01
... MANAGEMENT TERMINATION OF CONTRACTS General Principles 49.108-3 Settlement procedure. (a) Contractors shall settle with subcontractors in general conformity with the policies and principles relating to settlement...
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Disputes and conflicts over water in Africa
CSIR Research Space (South Africa)
Ashton, PJ
2007-01-01
Full Text Available for water across the African continent, this paper briefly discusses the types of situations where disputes or conflicts have occurred over access to water. Specific consideration is given to the need for African countries to develop new collaborative...
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Contested hydrosocial territories and disputed water governance
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
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Canada-renewable energy : Implications for WTO law on green and not-so-green subsidies
Charnovitz, Steve; Fischer, Carolyn
2015-01-01
In the first dispute on renewable energy to come to WTO dispute settlement, the domestic content requirement of Ontario's feed-in tariff was challenged as a discriminatory investment-related measure and as a prohibited import substitution subsidy. The Panel and Appellate Body agreed that Canada was
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Settlement Prediction of Footings Using VS
Directory of Open Access Journals (Sweden)
Hyung Ik CHO
2017-10-01
Full Text Available The shear wave velocity (VS is a key parameter for estimating the deformation characteristics of soil. In order to predict the settlement of shallow footings in granular soil, the VS and the concept of Schmertmann’s framework were adopted. The VS was utilized to represent soil stiffness instead of cone tip resistance (qc because the VS can be directly related to the small-strain shear modulus. By combining the VS measured in the field and the modulus reduction curve measured in the laboratory, the deformation characteristics of soil can be reliably estimated. Vertical stress increments were determined using two different profiles of the strain influence factor (Iz proposed in Schmertmann’s method and that calculated from the theory of elasticity. The corresponding modulus variation was determined by considering the stress level and strain at each depth. This state-dependent stress-strain relationship was utilized to calculate the settlement of footings based on the theory of elasticity. To verify the developed method, geotechnical centrifuge tests were carried out. The VS profiles were measured before each loading test, and the load-settlement curves were obtained during the tests. Comparisons between the measured and estimated load-settlement curves showed that the developed method adequately predicts the settlement of footings, especially for over-consolidated ground conditions.
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The Researches on Cycle-Changeable Generation Settlement Method
XU, Jun; LONG, Suyan; LV, Jianhu
2018-03-01
Through the analysis of the business characteristics and problems of price adjustment, a cycle-changeable generation settlement method is proposed to support any time cycle settlement, and put forward a complete set of solutions, including the creation of settlement tasks, time power dismantle, generating fixed cycle of electricity, net energy split. At the same time, the overall design flow of cycle-changeable settlement is given. This method supports multiple price adjustments during the month, and also is an effective solution to the cost reduction of month-after price adjustment.
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2012-01-12
... business to consumer cross-border electronic commerce disputes. The Working Group has been considering, inter alia, ODR procedural rules for resolution of cross-border electronic commerce disputes. For the... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group Meeting The Office of Private...
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Indonesia in the South China Sea Dispute: Humble-Hard Power
Robertua, Verdinand; Sinaga, Obsatar
2018-01-01
This research discussed the opportunities for Indonesia to act as humble-hard power in South China Sea dispute. Permanent Court of Arbitration’s decision in July 2016 to give South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on how to understand the conception of humble-hard power and the possibility for Indonesia to be humble-hard power in the South China Sea dispute? This article borrowed the concept of humble-hard power from Adam Nieves ...
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Infrastructure Provision and Classification of Rural Settlements in ...
African Journals Online (AJOL)
This study classifies the selected rural settlements on the basis of available infrastructure .To achieve this aim, 22 rural settlements were randomly selected. The cluster analysis was applied on the data in order to group the rural settlements on the basis of their infrastructure profiles. Thus the hierarchical method of cluster ...
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Impediments to the adoption of alternative sewerage in South African urban informal settlements.
Ashipala, N; Armitage, N P
2011-01-01
In recent decades South Africa has witnessed a substantial growth in its urban population. This growth has been accompanied by the mushrooming of informal settlements (shantytowns) flanking more formal development. The lack of adequate urban drainage in many of these informal settlements has resulted in extremely polluted environments which add to the disease burden of the poor people who live there. In many instances, informal settlements in South Africa are established on marginal land that is inherently difficult to service using conventional gravity sewerage. International experience has shown that various alternative wastewater collection systems may present more appropriate ways of providing water-borne sewerage in areas that are difficult to service by conventional means. Alternative sewerage schemes have however had a poor record of success in South African informal settlements - primarily stemming from the implementing agencies' failure to adequately address various social and institutional factors. In this paper, a review of South African experiences with simplified sewerage, settled sewerage and vacuum sewerage in urban informal settlements is used to highlight the key constraints that currently impede the application of these technologies.
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Directory of Open Access Journals (Sweden)
Andi Mardiana
2015-06-01
Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.
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An economic assessment of patent settlements in the pharmaceutical industry.
Dickey, Bret; Orszag, Jonathan; Tyson, Laura
2010-01-01
This article demonstrates that in recent years, patent settlements between branded and generic manufacturers involving "reverse payments" from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. The authors note that such settlements will be a focus of the Obama Administration's antitrust enforcement policy, yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this article, the authors present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that these settlements can benefit consumers. Thus, the authors conclude that while continued scrutiny of such settlements is important, broad brush treatments are inappropriate and only a more individualized evaluation can correctly determine the competitive effects of a particular settlement agreement.
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Measurement of Narora reactor building relative settlement
International Nuclear Information System (INIS)
Deo, P.M.; Pande, K.C.; Patwardhan, H.S.
1977-01-01
The civil construction of the reactor building of Narora Atomic Power Project has a special problem. The stability of the structure is liable to settlement as this location falls in seismic zone. To obviate the possibility of large scale unequal settlements, the reactor building is founded on a 4 meter thick rigid raft concreted in three layers, at a depth of 13 meters below ground. Stainless steel tanks will be embedded at 17 locations to measure relative settlements. The relative elevation difference will be detected by electrical probes when the water level in any one of the tanks touches the tip of the probes. The design envisages a maximum permissible unequal settlements of about 10 mm. over a period of 20 years. (K.B.)
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Vatsavai, Ranga Raju; Graesser, Jordan B.; Bhaduri, Budhendra L.
2016-07-05
A programmable media includes a graphical processing unit in communication with a memory element. The graphical processing unit is configured to detect one or more settlement regions from a high resolution remote sensed image based on the execution of programming code. The graphical processing unit identifies one or more settlements through the execution of the programming code that executes a multi-instance learning algorithm that models portions of the high resolution remote sensed image. The identification is based on spectral bands transmitted by a satellite and on selected designations of the image patches.
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Zhang, Zhonghao; Xiao, Rui; Shortridge, Ashton; Wu, Jiaping
2014-03-10
Understanding the spatial point pattern of human settlements and their geographical associations are important for understanding the drivers of land use and land cover change and the relationship between environmental and ecological processes on one hand and cultures and lifestyles on the other. In this study, a Geographic Information System (GIS) approach, Ripley's K function and Monte Carlo simulation were used to investigate human settlement point patterns. Remotely sensed tools and regression models were employed to identify the effects of geographical determinants on settlement locations in the Wen-Tai region of eastern coastal China. Results indicated that human settlements displayed regular-random-cluster patterns from small to big scale. Most settlements located on the coastal plain presented either regular or random patterns, while those in hilly areas exhibited a clustered pattern. Moreover, clustered settlements were preferentially located at higher elevations with steeper slopes and south facing aspects than random or regular settlements. Regression showed that influences of topographic factors (elevation, slope and aspect) on settlement locations were stronger across hilly regions. This study demonstrated a new approach to analyzing the spatial patterns of human settlements from a wide geographical prospective. We argue that the spatial point patterns of settlements, in addition to the characteristics of human settlements, such as area, density and shape, should be taken into consideration in the future, and land planners and decision makers should pay more attention to city planning and management. Conceptual and methodological bridges linking settlement patterns to regional and site-specific geographical characteristics will be a key to human settlement studies and planning.
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Chang, Kevin
2007-06-01
Kant's disputation of 1770 at his inauguration as the metaphysics professor at Königsberg is a good example of the nature of the early modern dissertation and its use as a means of communicating knowledge. The public disputation played an important part in the teaching, examination, publication and ceremonial life of the medieval university. Originally prepared as a text for the public disputation, the dissertation communicated the teachings of individual scholars and institutions and was used by eminent early modern scholars to introduce their ideas and findings. Kant's use of his 1770 disputation also reveals the different channels of communication, both private and public, that paid close attention to knowledge published in dissertations.
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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....
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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.
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overhauling the national industrial court act: a pathway to effective ...
African Journals Online (AJOL)
DJFLEX
GLOBAL JOURNAL OF SOCIAL SCIENCES VOL 9, NO. 1, 2010: ... PATHWAY TO EFFECTIVE LABOUR DISPUTE SETTLEMENT IN ... For more than four (4) decades, labour ... settlement machinery provides meaningful approach to ..... economy. The National Industrial Court Act 2006 would have very positive effect on our ...
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2013-04-26
... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...
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Deforestation and Carbon Stock Loss in Brazil's Amazonian Settlements.
Yanai, Aurora Miho; Nogueira, Euler Melo; de Alencastro Graça, Paulo Maurício Lima; Fearnside, Philip Martin
2017-03-01
We estimate deforestation and the carbon stock in 2740 (82 %) of the 3325 settlements in Brazil's Legal Amazonia region. Estimates are made both using available satellite data and a carbon map for the "pre-modern" period (prior to 1970). We used data from Brazil's Project for Monitoring Deforestation in Amazonia updated through 2013 and from the Brazilian Biomes Deforestation Monitoring Project (PMDBBS) updated through 2010. To obtain the pre-modern and recent carbon stocks we performed an intersection between a carbon map and a map derived from settlement boundaries and deforestation data. Although the settlements analyzed occupied only 8 % of Legal Amazonia, our results indicate that these settlements contributed 17 % (160,410 km 2 ) of total clearing (forest + non-forest) in Legal Amazonia (967,003 km 2 ). This represents a clear-cutting of 41 % of the original vegetation in the settlements. Out of this total, 72 % (115,634 km 2 ) was in the "Federal Settlement Project" (PA) category. Deforestation in settlements represents 20 % (2.6 Pg C) of the total carbon loss in Legal Amazonia (13.1 Pg C). The carbon stock in remaining vegetation represents 3.8 Pg C, or 6 % of the total remaining carbon stock in Legal Amazonia (58.6 Pg C) in the periods analyzed. The carbon reductions in settlements are caused both by the settlers and by external actors. Our findings suggest that agrarian reform policies contributed directly to carbon loss. Thus, the implementation of new settlements should consider potential carbon stock losses, especially if settlements are created in areas with high carbon stocks.
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Use of alternative dispute resolution--HHS. Notice of interim policy.
1992-10-27
The Department has developed an interim policy to address the use of alternative dispute resolution (ADR) as required by the Administrative Dispute Resolution Act (ADR Act), Public Law No. 101-552. This interim policy also responds to the Negotiated Rulemaking Act, Public Law No. 101-648, and relevant elements of the Executive Order on Civil Justice Reform (E.O. 12778). The Department is adopting an interim policy because we need a baseline of experience and knowledge from our own pilot activities and those of other agencies before finalizing a policy.
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Directory of Open Access Journals (Sweden)
Salma Marija
2011-01-01
Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.
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The role of trade union organization in solving labor disputes and strikes in Vietnam
Directory of Open Access Journals (Sweden)
Nguen T.H.
2017-01-01
Full Text Available the article describes the role of the trade union organization in solving labor disputes and strikes and the legal basis of the role of trade union organization in solving labor disputes and strikes in Vietnam.
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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.
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2010-10-28
... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...
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Optional IDEA Alternative Dispute Resolution. inForum
Henderson, Kelly
2008-01-01
Though most interactions between parents and school personnel about students with disabilities are positive and productive, disagreements can arise. Disputes may range in intensity from minor miscommunications to significant conflicts that trigger the use of procedural safeguards available under federal law. The Individuals with Disabilities…
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Resolution of Disputes Involving Variations in Estimated Quantities
National Research Council Canada - National Science Library
Willmore, Charles
2000-01-01
.... It was written by an engineering student and is not intended to be a legal reference document. Legal precedent was researched to determine the rules used by the courts to decide these disputes...
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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.
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2011-05-27
... Connection With the EC-Beef Hormones Dispute AGENCY: Office of the United States Trade Representative. ACTION... Hormones dispute. In January 2009, the Trade Representative announced a determination to modify the list of...) in the EC-Beef Hormones dispute. The MOU provides for the EU to make phased increases in market...
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Biology as a Key Technological Foundation for Settlement Beyond Earth
Rothschild, L. J.; Navarrete, J.; Kent, R. E.; McCutcheon, G.; Pless, E.; Paulino-Lima, I. G.
2017-01-01
Moving materials beyond Earth, whether spacecraft, living organisms, or both, is limited by mass constraints. Yet human survival requires an extensive infrastructure, from environmental regulation to life support. In practice this means habitats, food, oxygen, waste recycling, medicine and so on. Thus, there is a mismatch between what will be required in transit and at destination to fulfill dreams of human settlements and what can realistically moved there. Further, settlement off planet with current transportation systems requires the ability to operate independently of the Earth for prolonged periods of time, requiring long-term storage of supplies and the flexibilityto satisfy new needs.
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Structural behaviour of masonry arch with no-horizontal springing settlement
Directory of Open Access Journals (Sweden)
P. Zampieri
2018-01-01
Full Text Available This paper presents a calculation procedure for assessing the structural integrity of a masonry arch with non-horizontal springing settlement. By applying the Principle of Virtual Work (PVW to the deformed arch system, the procedure proposed herein details the reaction forces and thrust lines for each step of imposed settlement of the support. The procedure can also be used estimate the final displacement that causes complete failure of arch structural capacity. The results of the analysis procedure were compared against those obtained by experimental testing so as to validate the proposed calculation method
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48 CFR 49.109-4 - No-cost settlement.
2010-10-01
... incurred costs for the terminated portion of the contract or (b) the contractor is willing to waive the costs incurred and (c) no amounts are due the Government under the contract. ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false No-cost settlement. 49.109...
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The Role of Symbolic Capital in Stakeholder Disputes
DEFF Research Database (Denmark)
Benn, Suzanne; Jones, Richard
2009-01-01
This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion with governm......This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion...... and identity. The events of the study highlight the challenges faced by contemporary technoscientific corporations such as chemicals companies as they must deliver on requirements of transparency and openness, while maintaining technoscientific capacity and strong internal identity. We conclude that the study...
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48 CFR 49.206-1 - Submission of settlement proposals.
2010-10-01
... accounting data. Actual, standard (appropriately adjusted), or average costs may be used in preparing settlement proposals if they are determined under generally recognized accounting principles consistently... not be required to maintain unduly elaborate cost accounting systems merely because their contracts...