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.

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.

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

Directory of Open Access Journals (Sweden)

Aripurnomo Kartohardjono

2017-12-01

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

Alternative Dispute Resolution to the Rescue.

Science.gov (United States)

Kassberg, Maria

1989-01-01

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

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

Science.gov (United States)

Caliskan, Nihat

2009-01-01

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

The Northwest Passage Dispute

DEFF Research Database (Denmark)

Burke, Danita Catherine

2018-01-01

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

22 CFR 226.90 - Disputes.

Science.gov (United States)

2010-04-01

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

Representations of God in Icons. Immanence and Transcendence in Christian Art

Directory of Open Access Journals (Sweden)

Isbasoiu Iulian

2016-03-01

Full Text Available Human desire to be in a more natural relationship with God, his Creator, caused the former to find different means of communication. In addition to the liturgical expression, materialized in prayer, another way of interaction is represented by the icon. The icon and through the icon, Heaven and earth, God and the members of the triumphant Church and the ones of the militant Church meet and communicate. The iconographic representation of God, symbols, events and holy Persons, gave rise to much controversy in history, which triggered a major conflict in the life of the Church, culminating in the eighth century iconoclastic dispute. The Seventh Ecumenical Council solved this dispute and placed the icon in its natural spiritual position. In the present study we will analyze and contrast how people have understood the freedom of representing the image of God the Father in icons, an issue which caused disputes and reactions due to exaggerations in artistic expression and misunderstandings linked to the limits of such representation. This evolution is considered historically in the Christian world, East and West, which shows either an exaggerated tolerance of representation or an extreme conservatism leading to the prohibition of painting an anthropomorphic image of the Father. We will also study the recommendations of in the textbooks of Christian erminia and we will present examples of Romanian iconographic art.

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...

To What Degree Does Handling Concrete Molecular Models Promote the Ability to Translate and Coordinate between 2D and 3D Molecular Structure Representations? A Case Study with Algerian Students

Science.gov (United States)

Mohamed-Salah, Boukhechem; Alain, Dumon

2016-01-01

This study aims to assess whether the handling of concrete ball-and-stick molecular models promotes translation between diagrammatic representations and a concrete model (or vice versa) and the coordination of the different types of structural representations of a given molecular structure. Forty-one Algerian undergraduate students were requested…

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.

48 CFR 1433.214 - Alternative dispute resolution (ADR).

Science.gov (United States)

2010-10-01

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

48 CFR 3033.214 - Alternative dispute resolution (ADR).

Science.gov (United States)

2010-10-01

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

46 CFR 205.5 - Contracts containing disputes article.

Science.gov (United States)

2010-10-01

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

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.

SETTLEMENT OF BANKING DISPUTE IN INDONESIA

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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.

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.

48 CFR 33.214 - Alternative dispute resolution (ADR).

Science.gov (United States)

2010-10-01

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

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

Science.gov (United States)

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

2017-10-01

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

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.

13 CFR 130.630 - Dispute resolution procedures.

Science.gov (United States)

2010-01-01

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

47 CFR 1.18 - Administrative Dispute Resolution.

Science.gov (United States)

2010-10-01

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

14 CFR 17.31 - Use of alternative dispute resolution.

Science.gov (United States)

2010-01-01

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

5 CFR 9701.705 - Alternative dispute resolution.

Science.gov (United States)

2010-01-01

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

48 CFR 1233.214 - Alternative dispute resolution (ADR).

Science.gov (United States)

2010-10-01

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

Construction dispute research conceptualisation, avoidance and resolution

CERN Document Server

2014-01-01

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

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 ...

The Third Party and Beyond. An Analysis of the Different Parties, in particular The Fifth, Involved in Online Dispute Resolution.

NARCIS (Netherlands)

Lodder, A.R.

2006-01-01

In a society that virtualises, with most of the current youth being online substantial parts of the day, to say that in the not so far future ODR will handle a large part of the disputes is not a daring prophecy. The relations between the various parties involved in ODR are more diverse and

20 CFR 627.805 - Alternative dispute resolution.

Science.gov (United States)

2010-04-01

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

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

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

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

Science.gov (United States)

2010-10-01

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

14 CFR 17.33 - Election of alternative dispute resolution process.

Science.gov (United States)

2010-01-01

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

International Regulations Dealing with Alternative Dispute Resolution for International Commercial Disputes

Directory of Open Access Journals (Sweden)

Angelica Rosu

2009-06-01

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

Financial System of Malaysia: the Concept of Financial Dispute

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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

76 FR 55217 - Procedures for Protests and Contracts Dispute

Science.gov (United States)

2011-09-07

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

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

Science.gov (United States)

2010-10-01

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

48 CFR 833.214 - Alternative dispute resolution (ADR).

Science.gov (United States)

2010-10-01

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

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

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.

Are We Listening to Children? An Examination of the Child's Voice in Social Work Reports to the Court Following Parental Separation Disputes

Science.gov (United States)

Weatherall, Kerrylee; Duffy, Joe

2008-01-01

This paper examines the findings from a recent study investigating how children's interests and their rights are safeguarded through the representation of social workers in reports prepared for Court following parental separation disputes. A small-scale research study describes the views of family and childcare social workers on how children's…

13 CFR 134.216 - Alternative dispute resolution procedures.

Science.gov (United States)

2010-01-01

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

The Anglo-Iranian oil dispute

International Nuclear Information System (INIS)

Ferrier, R.W.

1988-01-01

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

Trend Spotting: NAFTA Disputes After Fifteen Years

OpenAIRE

Lawrence L. Herman

2010-01-01

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

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.)

Mediation in complex multi-party disputes

NARCIS (Netherlands)

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

2013-01-01

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

25 CFR 42.4 - What are alternative dispute resolution processes?

Science.gov (United States)

2010-04-01

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

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

Science.gov (United States)

2010-01-01

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

28 CFR 36.506 - Alternative means of dispute resolution.

Science.gov (United States)

2010-07-01

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

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.

24 CFR 7.5 - EEO Alternative Dispute Resolution Program.

Science.gov (United States)

2010-04-01

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

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.

Cognitive behaviour therapy territory model: effective disputing approach.

Science.gov (United States)

Lam, D

1997-06-01

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

28 CFR 35.176 - Alternative means of dispute resolution.

Science.gov (United States)

2010-07-01

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

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

Science.gov (United States)

2010-01-01

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

Recommendations for cask features for robotic handling from the Advanced Handling Technology Project

International Nuclear Information System (INIS)

Drotning, W.

1991-02-01

This report describes the current status and recent progress in the Advanced Handling Technology Project (AHTP) initiated to explore the use of advanced robotic systems and handling technologies to perform automated cask handling operations at radioactive waste handling facilities, and to provide guidance to cask designers on the impact of robotic handling on cask design. Current AHTP tasks have developed system mock-ups to investigate robotic manipulation of impact limiters and cask tiedowns. In addition, cask uprighting and transport, using computer control of a bridge crane and robot, were performed to demonstrate the high speed cask transport operation possible under computer control. All of the current AHTP tasks involving manipulation of impact limiters and tiedowns require robotic operations using a torque wrench. To perform these operations, a pneumatic torque wrench and control system were integrated into the tool suite and control architecture of the gantry robot. The use of captured fasteners is briefly discussed as an area where alternative cask design preferences have resulted from the influence of guidance for robotic handling vs traditional operations experience. Specific robotic handling experiences with these system mock-ups highlight a number of continually recurring design principles: (1) robotic handling feasibility is improved by mechanical designs which emphasize operation with limited dexterity in constrained workspaces; (2) clearances, tolerances, and chamfers must allow for operations under actual conditions with consideration for misalignment and imprecise fixturing; (3) successful robotic handling is enhanced by including design detail in representations for model-based control; (4) robotic handling and overall quality assurance are improved by designs which eliminate the use of loose, disassembled parts. 8 refs., 15 figs

29 CFR 1603.108 - Settlement and alternative dispute resolution.

Science.gov (United States)

2010-07-01

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

24 CFR 7.26 - EEO Alternative Dispute Resolution Program.

Science.gov (United States)

2010-04-01

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

76 FR 2035 - Procedures for Protests and Contracts Dispute

Science.gov (United States)

2011-01-12

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

29 CFR 5.11 - Disputes concerning payment of wages.

Science.gov (United States)

2010-07-01

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

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

DEFF Research Database (Denmark)

Hindelang, Steffen

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

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.

76 FR 55136 - Implementation of the Alternative Dispute Resolution Program

Science.gov (United States)

2011-09-06

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

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

Science.gov (United States)

2010-01-01

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

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.

The South China Sea Dispute: Perspective of International Law

OpenAIRE

Ma, Xuechan

2016-01-01

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

Processing and Representation of Arguments in One-Sided Texts about Disputed Topics

Science.gov (United States)

Wolfe, Michael B.; Tanner, Shawna M.; Taylor, Andrew R.

2013-01-01

We examine students' processing and representation of arguments and counterarguments in one-sided scientific texts. In Experiment 1, students read texts about evolution and TV violence. Sentence reading times indicated that subjects slowed down reading to the extent that arguments were both more consistent, and inconsistent, with the text…

5 CFR 2424.10 - Collaboration and Alternative Dispute Resolution Program.

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

2010-10-01

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

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

Science.gov (United States)

2010-10-01

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

46 CFR 5.71 - Maritime labor disputes.

Science.gov (United States)

2010-10-01

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

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

Science.gov (United States)

2010-07-01

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

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.

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.

25 CFR 170.934 - Are alternative dispute resolution procedures available?

Science.gov (United States)

2010-04-01

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

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

Science.gov (United States)

Singer, H L

1989-01-01

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

The problem questions of update the legislation of Ukraine in aspect of professional representation a lawyer in civil procedure

Directory of Open Access Journals (Sweden)

Максим Володимирович Шпак

2017-03-01

According to the author’s opinion of this scientific article, the subject of the legislative initiative need proposed more detailed specifics of insignificant property dispute, its content and features of procedural representation of a lawyer for such categories of cases.

DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW

OpenAIRE

Priyanka Sakate*, Dr.Arun W. Dhawale

2017-01-01

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

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

Science.gov (United States)

Goldberg, Steven S.; Huefner, Dixie Snow

1995-01-01

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

Representations of eyeglasses on Gothic winged altars in Austria.

Science.gov (United States)

Daxecker, F

1997-01-01

The oldest representation of eyeglasses in the German-speaking area is found on the altar of Tyrol Castle in the Museum Ferdinandeum in Innsbruck, Tyrol, on an altarpiece depicting the death of the Virgin Mary (1370-1372). Other representations of eyeglasses are found in Klosterneuburg, Lower Austria, Albrechtsaltar, collegiate collection, death of the Virgin (1439); St. Lorenzen ob Murau, daughter church St. Lorenzen, Styria, Katharinenaltar, Disputation (1455-1460); Pettau (Ptuj), Pokrajinjski Muzej, Slovenia (then belonging to the archbishopric of Salzburg), Conrad Laib, St. Bernardine of Siena with a spectacle case (1460-1465); on two altars by Michael Pacher: Pharisee, Gries near Bolzano (1471-1475), apostle mourning over the death of the Virgin Mary, and St. Luke, St. Wolfgang in Salzkammergut (1481); St. Florian, Upper Austria, collegiate collection, altar of the provost Leonhard Riesenschmid of St. Florian, death of the Virgin (1487); museum of Wilten monastery, Innsbruck, Ludwig Konraiter, St. Ottilie with reading stones and death of the Virgin Mary with reading apostle (1485-1490); Austrian Gallery Belvedere, Vienna, Master of Grossgmain, St. Augustine (1498); Austrian Gallery Belvedere, Vienna, Master of Mondsee, St. Augustine (1490-1500); Diocesan museum Graz, Styria, altar of Hirschegg, death of the Virgin (1503); Krenstetten, Lower Austria, Stefan-Altar, Disputation (1500-1520); Museum Ferdinandeum, Innsbruck, Matheis Stöberl, Jesus and the scribes with a spectacle case (early 16th century).

Focusing on Presentation Instead of Representation: Perspectives on Representational and Non-Representational Language-Games for Educational History and Theory

Science.gov (United States)

Fendler, Lynn; Smeyers, Paul

2015-01-01

Debates in science seem to depend on referential language-games, but in other senses they do not. This article addresses non-representational theory. It is a branch of newer approaches to cultural geography that strive to get a handle on spatial relationships not by representing them, but rather by presenting them. In this case, present connotes…

Transparency and public participation in WTO dispute settlement

NARCIS (Netherlands)

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

2009-01-01

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

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

Science.gov (United States)

2010-07-01

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

The Effectiveness of Alternative IEP Dispute Resolution Practices

Science.gov (United States)

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

2018-01-01

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

Future Scenarios of the South China Sea Maritime Disputes

OpenAIRE

Shee, Poon Kim

2014-01-01

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

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

Science.gov (United States)

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

1997-12-01

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

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 ...

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.

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.

Literacy, Numeracy and Alternative Dispute Resolution: Support Document

Science.gov (United States)

Cumming, J. Joy; Wilson, Janice M.

2005-01-01

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

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

Science.gov (United States)

1993-06-01

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

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

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.

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

Science.gov (United States)

2010-01-01

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

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.

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 ...

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- ...

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

Science.gov (United States)

Armstrong, Brad

2013-01-01

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

Dispute Resolution and Technology: Revisiting the Justification of Conflict Management

OpenAIRE

Koulu, Riikka

2016-01-01

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

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.

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

OpenAIRE

Benoit P. Freyens

2011-01-01

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

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

Science.gov (United States)

2010-01-01

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

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

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

Litigation and the Timing of Settlement: Evidence from Commercial Disputes

OpenAIRE

Peter Grajzl; Katarina Zajc

2015-01-01

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

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

Science.gov (United States)

2010-09-20

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

ALTERNATIVE DISPUTE RESOLUTION – CREATING VALUE OUT OF CONFLICT

Directory of Open Access Journals (Sweden)

ADRIANA ALMASAN

2011-04-01

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

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.

The South China Sea Dispute : Perspective of International Law

NARCIS (Netherlands)

Ma, Xuechan

2016-01-01

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

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

Science.gov (United States)

2010-10-01

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

The mutual agreement procedure and arbitration of double taxation disputes

OpenAIRE

Ilias Bantekas

2008-01-01

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

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 ...

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

Directory of Open Access Journals (Sweden)

Paula Poretti

2015-01-01

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

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

Directory of Open Access Journals (Sweden)

E. E. Frolova

2018-01-01

Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The  Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial 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

When climate science became climate politics: British media representations of climate change in 1988.

Science.gov (United States)

Jaspal, Rusi; Nerlich, Brigitte

2014-02-01

Climate change has become a pressing environmental concern for scientists, social commentators and politicians. Previous social science research has explored media representations of climate change in various temporal and geographical contexts. Through the lens of Social Representations Theory, this article provides a detailed qualitative thematic analysis of media representations of climate change in the 1988 British broadsheet press, given that this year constitutes an important juncture in this transition of climate change from the domain of science to that of the socio-political sphere. The following themes are outlined: (i) "Climate change: a multi-faceted threat"; (ii) "Collectivisation of threat"; (iii) "Climate change and the attribution of blame"; and (iv) "Speculative solutions to a complex socio-environmental problem." The article provides detailed empirical insights into the "starting-point" for present-day disputes concerning climate change and lays the theoretical foundations for tracking the continuities and discontinuities characterising social representations of climate change in the future.

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

OpenAIRE

Ramadhani, Eryan

2014-01-01

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

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

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.

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.

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.

A conflict model for the international hazardous waste disposal dispute.

Science.gov (United States)

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

2009-12-15

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

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.

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.

Knowledge representation and knowledge base design for operator advisor system

International Nuclear Information System (INIS)

Hangos, K.M.; Sziano, T.; Tapolcai, L.

1990-01-01

The problems of knowledge representation, knowledge base handling and design has been described for an Operator Advisor System in the Paks Nuclear Power Plant. The Operator Advisor System is to be implemented as a part of the 5th and 6th unit. The knowledge of the Operator Advisor system is described by a few elementary knowledge items (diagnostic event functions, fault graph, action trees), weighted directed graphs have been found as their common structure. List-type and relational representation of these graphs have been used for the on-line and off-line part of the knowledge base respectively. A uniform data base design and handling has been proposed which consists of a design system, a knowledge base editor and a knowledge base compiler

10 CFR 904.13 - Disputes.

Science.gov (United States)

2010-01-01

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

43 CFR 431.8 - Disputes.

Science.gov (United States)

2010-10-01

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

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.

42 CFR 422.311 - RADV audit dispute and appeal processes.

Science.gov (United States)

2010-10-01

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

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.

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

Science.gov (United States)

2010-04-01

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

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

Science.gov (United States)

2012-04-19

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

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

Directory of Open Access Journals (Sweden)

Qin Chen

2015-01-01

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

22 CFR 192.33 - Dispute.

Science.gov (United States)

2010-04-01

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

Supporting Children to Resolve Disputes

Science.gov (United States)

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

2018-01-01

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

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.

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...

Oil and Gas Development in Disputed Waters under UNCLOS

OpenAIRE

Yiallourides, Constantinos

2016-01-01

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

44 CFR 327.4 - Disputes.

Science.gov (United States)

2010-10-01

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

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

Science.gov (United States)

Joseph, D M

1995-01-01

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

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.

Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

Directory of Open Access Journals (Sweden)

Elena V. Sitkareva

2017-01-01

Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

Divided parents, shared children
Conflicting approaches to relocation disputes in the USA

Directory of Open Access Journals (Sweden)

Theresa Glennon

2008-06-01

Full Text Available Custody relocation disputes pose intractable dilemmas for courts in a highly mobile society. The custodial parent, most often a woman, seeks self-determination, freedom of movement and a continued custodial relationship with the child. The non-custodial parent seeks to preserve a geographically close relationship with the child. Courts must identify the best interests of the children amidst these multiple and conflicting interests. They make decisions that may determine the course of custodial parents’ lives, affecting remarriage, employment, education, and proximity to family. A narrow doctrinal focus on children’s best interests ignores these key aspects of relocation disputes. This article examines the varied legislative and judicial approaches to relocation disputes in the US and proposed principles for resolution of these disputes. It reviews scholarship analyzing relocation disputes from a wide range of perspectives, including: conflicting social science research; competing ideologies of the post-divorce family; alternative dispute resolution; parents’ constitutional rights; domestic violence victims; and proposals to eliminate geographic presumptions and remedy the economic effect of restraints on relocation. Relocation doctrine in the US should be realigned to address these complex perspectives. States should also assist post-divorce families to support children through the common experience of relocation.

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

NARCIS (Netherlands)

BOSCHBOESJES, JE

1994-01-01

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

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

Science.gov (United States)

2010-10-01

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

Alternative dispute resolution: methods to address workplace conflict in health services organizations.

Science.gov (United States)

DeSouza, J R

1998-01-01

As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.

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

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

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.

Intrinsic Factors Influencing Decision making of Arbitrators in Dispute Resolution of variation Claims

Science.gov (United States)

Iyer, K. C.; Chaphalkar, N. B.; Patil, Smita K.

2018-06-01

Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process involves detailed and through analysis of facts and evidences related to the case before arriving at the final decision. These facts and evidences have been explored by researchers to develop dispute resolution mechanisms. As a part of the research, the present work identifies the factors which influence the decision making of arbitrators in resolving disputes through a case study of 72 arbitration awards and settled court cases related to Indian construction contracts. This work further seeks consensus for the identified factors from experts and also ranks the factors based on their importance with the help of the responses obtained through a questionnaire survey and statistical tests.

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

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

Science.gov (United States)

2012-12-26

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

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

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.

The mutual agreement procedure and arbitration of double taxation disputes

Directory of Open Access Journals (Sweden)

Ilias Bantekas

2008-10-01

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

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

Directory of Open Access Journals (Sweden)

Aleksandra Stoilkovska

2015-06-01

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

South China Sea Dispute

OpenAIRE

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

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Mohd Suhaimi Mohd Danuri

2012-06-01

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

Algorithmic foundation of multi-scale spatial representation

CERN Document Server

Li, Zhilin

2006-01-01

With the widespread use of GIS, multi-scale representation has become an important issue in the realm of spatial data handling. However, no book to date has systematically tackled the different aspects of this discipline. Emphasizing map generalization, Algorithmic Foundation of Multi-Scale Spatial Representation addresses the mathematical basis of multi-scale representation, specifically, the algorithmic foundation.Using easy-to-understand language, the author focuses on geometric transformations, with each chapter surveying a particular spatial feature. After an introduction to the essential operations required for geometric transformations as well as some mathematical and theoretical background, the book describes algorithms for a class of point features/clusters. It then examines algorithms for individual line features, such as the reduction of data points, smoothing (filtering), and scale-driven generalization, followed by a discussion of algorithms for a class of line features including contours, hydrog...

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

Briefing : the Eritrean-Ethiopian border dispute

NARCIS (Netherlands)

Abbink, G.J.

1998-01-01

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

Understanding the Characteristics of Dispute Settlement in Sharia Economic System

OpenAIRE

M. Arfin Hamid

2017-01-01

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

Settlement of Tax Disputes in the Russian Federation and Germany

OpenAIRE

Anastasiya Alexandrovna Konyukhova

2015-01-01

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

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

Science.gov (United States)

Fowler, Gerard A.

2006-01-01

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

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

Science.gov (United States)

2010-07-01

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

Part-based deep representation for product tagging and search

Science.gov (United States)

Chen, Keqing

2017-06-01

Despite previous studies, tagging and indexing the product images remain challenging due to the large inner-class variation of the products. In the traditional methods, the quantized hand-crafted features such as SIFTs are extracted as the representation of the product images, which are not discriminative enough to handle the inner-class variation. For discriminative image representation, this paper firstly presents a novel deep convolutional neural networks (DCNNs) architect true pre-trained on a large-scale general image dataset. Compared to the traditional features, our DCNNs representation is of more discriminative power with fewer dimensions. Moreover, we incorporate the part-based model into the framework to overcome the negative effect of bad alignment and cluttered background and hence the descriptive ability of the deep representation is further enhanced. Finally, we collect and contribute a well-labeled shoe image database, i.e., the TBShoes, on which we apply the part-based deep representation for product image tagging and search, respectively. The experimental results highlight the advantages of the proposed part-based deep representation.

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)

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)

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

Science.gov (United States)

Viner, R

1996-01-01

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

Content disputes in Wikipedia reflect geopolitical instability.

Science.gov (United States)

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

2011-01-01

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

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

NARCIS (Netherlands)

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

2017-01-01

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

Alternative Means of Family Dispute Resolution.

Science.gov (United States)

Davidson, Howard, Ed.; And Others

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

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

Science.gov (United States)

Zhao, Min

2011-09-01

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

American Academy of Pediatrics: Technical report: Alternative dispute resolution in medical malpractice.

Science.gov (United States)

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.

Nationalism: The Media, State, and Public in the Senkaku/Diaoyu Dispute

Science.gov (United States)

2015-03-01

Spratly Islands Dispute Brunei, China, Malaysia , Philippines, Taiwan, and Vietnam all claim sovereignty over a group of islands, rocks, and reefs in the...South China Sea, known internationally as the Spratly islands. Brunei, Malaysia , Philippines, and Vietnam claim only a portion, while China and...continued its attempt to manage both domestic support and negative consequences over the dispute. In March, the Diet adopted a resolution on the SDI

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...

Contested hydrosocial territories and disputed water governance

NARCIS (Netherlands)

Hommes, Lena; Boelens, Rutgerd; Maat, Harro

2016-01-01

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

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 ...

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

Science.gov (United States)

2012-01-12

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

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

OpenAIRE

Robertua, Verdinand; Sinaga, Obsatar

2018-01-01

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

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

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

Science.gov (United States)

2013-02-19

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

Visual imagery and the user model applied to fuel handling at EBR-II

International Nuclear Information System (INIS)

Brown-VanHoozer, S.A.

1995-01-01

The material presented in this paper is based on two studies involving visual display designs and the user's perspective model of a system. The studies involved a methodology known as Neuro-Linguistic Programming (NLP), and its use in expanding design choices which included the ''comfort parameters'' and ''perspective reality'' of the user's model of the world. In developing visual displays for the EBR-II fuel handling system, the focus would be to incorporate the comfort parameters that overlap from each of the representation systems: visual, auditory and kinesthetic then incorporate the comfort parameters of the most prominent group of the population, and last, blend in the other two representational system comfort parameters. The focus of this informal study was to use the techniques of meta-modeling and synesthesia to develop a virtual environment that closely resembled the operator's perspective of the fuel handling system of Argonne's Experimental Breeder Reactor - II. An informal study was conducted using NLP as the behavioral model in a v reality (VR) setting

Multiple Object Permanence Tracking: Maintenance, Retrieval and Transformation of Dynamic Object Representations

OpenAIRE

Saiki, Jun

2008-01-01

Multiple object permanence tracking (MOPT) task revealed that our ability of maintaining and transforming multiple representations of complex feature-bound objects is limited to handle only 1-2 objects. Often reported capacity of 3-5 objects likely reflects memory for partial representations of objects and simple cases such as just color and their locations. Also, performance in multiple object tracking (MOT) task is likely mediated by spatiotemporal indices, not by feature-bound object repre...

Kant's disputation of 1770: the dissertation and the communication of knowledge in early modern Europe.

Science.gov (United States)

Chang, Kevin

2007-06-01

Kant's disputation of 1770 at his inauguration as the metaphysics professor at Königsberg is a good example of the nature of the early modern dissertation and its use as a means of communicating knowledge. The public disputation played an important part in the teaching, examination, publication and ceremonial life of the medieval university. Originally prepared as a text for the public disputation, the dissertation communicated the teachings of individual scholars and institutions and was used by eminent early modern scholars to introduce their ideas and findings. Kant's use of his 1770 disputation also reveals the different channels of communication, both private and public, that paid close attention to knowledge published in dissertations.

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....

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.

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.

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

Science.gov (United States)

2013-04-26

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

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

Science.gov (United States)

2010-05-03

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

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

Science.gov (United States)

2013-05-09

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

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

Science.gov (United States)

1992-10-27

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

Literacy, Numeracy and Alternative Dispute Resolution

Science.gov (United States)

Cumming, J. Joy; Wilson, Janice M.

2005-01-01

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

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.

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.

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

Science.gov (United States)

2010-10-28

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

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

Optional IDEA Alternative Dispute Resolution. inForum

Science.gov (United States)

Henderson, Kelly

2008-01-01

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

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...

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.

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.

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

Science.gov (United States)

2011-05-27

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

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...

Alternative Methods of Collective Disputes Resolution in the Czech Republic

Directory of Open Access Journals (Sweden)

Hamuľáková Klára

2016-10-01

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

28 CFR 100.21 - Alternative dispute resolution.

Science.gov (United States)

2010-07-01

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

Operators and representation theory canonical models for algebras of operators arising in quantum mechanics

CERN Document Server

Jorgensen, Palle E T

1987-01-01

Historically, operator theory and representation theory both originated with the advent of quantum mechanics. The interplay between the subjects has been and still is active in a variety of areas.This volume focuses on representations of the universal enveloping algebra, covariant representations in general, and infinite-dimensional Lie algebras in particular. It also provides new applications of recent results on integrability of finite-dimensional Lie algebras. As a central theme, it is shown that a number of recent developments in operator algebras may be handled in a particularly e

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

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

Science.gov (United States)

2010-07-01

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

Sociological Perspectives on Sexual Harassment and Workplace Dispute Resolution.

Science.gov (United States)

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

1993-01-01

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

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

NARCIS (Netherlands)

Moreyra, A.

2009-01-01

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

Application of alternative dispute resolution in the field of construction projects

Science.gov (United States)

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.

The practice of mediation to resolve clinical, bioethical, and medical malpractice disputes.

Science.gov (United States)

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.

Potential media influence on the high incidence of medical disputes from the perspective of plastic surgeons.

Science.gov (United States)

Chen, Chiehfeng; Lin, Ching-Feng; Chen, Cha-Chun; Chiu, Shih-Feng; Shih, Fuh-Yuan; Lyu, Shu-Yu; Lee, Ming-Been

2017-08-01

The main purpose of this study is to investigate the prevalence of medical disputes among plastic surgeons in Taiwan and to elucidate their perspectives regarding the influence of medical litigation media coverage on the physician-patient relationship. A self-administered questionnaire was distributed among plastic surgeons attending a series of continuing education training lectures organized by the Taiwan Society of Plastic Surgery in 2015. Of the 109 respondents, over a third (36.4%) had previously experienced a medical dispute. The vast majority of both physicians who had medical disputes (77.1%) and those who did not (72.1%) felt that the media tends to be supportive of patients in their reporting, and 37.1% of all plastic surgeons felt that the media always portrays the patient as a victim. Respondents who experienced medical disputes in this study felt that the top five leading causes of the high incidence of medical disputes were patient disappointment with procedure results (81.1%), insufficient patient psychological preparation or emotional instability (61.7%), inadequate risk communication on the part of the physician (64.9%), patient uneasiness with the procedure or perception of carelessness (60.6%), and insufficient physician training or incorrect medical evaluation (57.4%). Over a third of the respondents had previously experienced a medical dispute. This study highlights the perception among plastic surgeons that the media reporting of medical disputes and medical litigation is biased in favor of the patients, with 37.1% of the plastic surgeons surveyed opining that patients are always cast as victims. Copyright © 2017. Published by Elsevier B.V.

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

Science.gov (United States)

2013-03-07

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

Quota disputes and subsistence whaling in Qeqertarsuaq, Greenland

DEFF Research Database (Denmark)

Tejsner, Pelle

2014-01-01

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

Representation Methods in AI. Searching by Graphs

Directory of Open Access Journals (Sweden)

Angel GARRIDO

2012-12-01

Full Text Available The historical origin of the Artificial Intelligence (A I is usually established in the Darmouth Conference, of 1956. But we can find many more arcane origins [1]. Also, we can consider, in more recent times, very great thinkers, as Janos Neumann (then, John von Neumann, arrived in USA, Norbert Wiener, Alan Mathison Turing, or Lofti Zadehfor instance [6, 7]. Frequently A I requires Logic. But its classical version shows too many insufficiencies. So, it was necessary to introduce more sophisticated tools, as fuzzy logic, modal logic, non-monotonic logic and so on [2]. Among the things that A I needs to represent are: categories, objects, properties, relations between objects, situations, states, time, events, causes and effects, knowledge about knowledge, and so on. The problems in A I can be classified in two general types [3, 4]: search problems and representation problems. In this last “mountain”, there exist different ways to reach their summit. So, we have [3]: logics, rules, frames, associative nets, scripts and so on, many times connectedamong them. We attempt, in this paper, a panoramic vision of the scope of application of such Representation Methods in A I. The two more disputable questions of both modern philosophy of mind and A I will be Turing Test and The Chinese Room Argument. To elucidate these very difficult questions, see both final Appendices.

Visual imagery and the user model applied to fuel handling at EBR-II

Energy Technology Data Exchange (ETDEWEB)

Brown-VanHoozer, S.A.

1995-06-01

The material presented in this paper is based on two studies involving visual display designs and the user`s perspective model of a system. The studies involved a methodology known as Neuro-Linguistic Programming (NLP), and its use in expanding design choices which included the ``comfort parameters`` and ``perspective reality`` of the user`s model of the world. In developing visual displays for the EBR-II fuel handling system, the focus would be to incorporate the comfort parameters that overlap from each of the representation systems: visual, auditory and kinesthetic then incorporate the comfort parameters of the most prominent group of the population, and last, blend in the other two representational system comfort parameters. The focus of this informal study was to use the techniques of meta-modeling and synesthesia to develop a virtual environment that closely resembled the operator`s perspective of the fuel handling system of Argonne`s Experimental Breeder Reactor - II. An informal study was conducted using NLP as the behavioral model in a v reality (VR) setting.

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

Science.gov (United States)

2010-06-23

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

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.

47 CFR 64.1703 - Dispute resolution default process.

Science.gov (United States)

2010-10-01

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

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

Science.gov (United States)

2011-08-19

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

Slovenian-Croatian boundary: backgrounds of boundary-making and boundary-breaking in Istria regarding the contemporary boundary dispute

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.

Slovenian-Croatian boundary: backgrounds of boundary-making and boundary-breaking in Istria regarding the contemporary boundary dispute

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.

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

Science.gov (United States)

2012-06-04

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

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

Science.gov (United States)

2012-08-06

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

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

Science.gov (United States)

2013-09-23

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

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

Science.gov (United States)

2012-03-27

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

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

Science.gov (United States)

2012-04-02

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

Arbitrability of Disputes Related to the Privatization of State-Owned Property in Ukraine

Directory of Open Access Journals (Sweden)

Oleksandr Frolov

2016-01-01

Full Text Available The article is devoted to the analysis of arbitrability of disputes between a privatization body and purchaser arising out of a sale and purchase agreement of a privatization object or relating thereto. Author reached a conclusion that before the Law of Ukraine on Enactment of Some Laws of Ukraine Aimed at the Improvement of Privatization Process dated 16 February 2016 No. 1005-VIII entered into force disputes in relation to alienation to privatization objects could have been referred to international commercial arbitration.Based on the analysis of court practice in relation to sale and purchase agreements which contained arbitration clauses, author reached a conclusion thatsome of the arguments against arbitrability of this category of disputes did not lose their relevance even after the said law entered into force.

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

African Journals Online (AJOL)

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

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

Science.gov (United States)

2012-09-04

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

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

Science.gov (United States)

2012-01-13

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

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

Science.gov (United States)

2012-10-11

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

Scaffolding scientific discussion using socially relevant representations in networked multimedia

Science.gov (United States)

Hoadley, Christopher M.

1999-11-01

How do students make use of social cues when learning on the computer? This work examines how students in a middle-school science course learned through on-line peer discussion. Cognitive accounts of collaboration stress interacting with ideas, while socially situated accounts stress the interpersonal context. The design of electronic environments allows investigation into the interrelation of cognitive and social dimensions. I use on-line peer discussion to investigate how socially relevant representations in interfaces can aid learning. First, I identify some of the variables that affect individual participation in on-line discussion, including interface features. Individual participation is predicted by student attitudes towards learning from peers. Second, I describe the range of group outcomes for these on-line discussions. There is a large effect of discussion group on learning outcomes which is not reducible to group composition or gross measures of group process. Third, I characterize how students (individually) construct understanding from these group discussions. Learning in the on-line discussions is shown to be a result of sustained interaction over time, not merely encountering or expressing ideas. Experimental manipulations in the types of social cues available to students suggest that many students do use socially relevant representations to support their understanding of multiple viewpoints and science reasoning. Personalizing scientific disputes can afford reflection on the nature of scientific discovery and advance. While there are many individual differences in how social representations are used by students in learning, overall learning benefits for certain social representations can be shown. This work has profound implications for design of collaborative instructional methods, equitable access to science learning, design of instructional technology, and understanding of learning and cognition in social settings.

48 CFR 2922.101-3 - Reporting labor disputes.

Science.gov (United States)

2010-10-01

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

Dispute over Exxon Valdez cleanup data gets messy

International Nuclear Information System (INIS)

Stone, R.

1993-01-01

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

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

Science.gov (United States)

Smith, Calvin D.

1996-01-01

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

China in the South China Sea Dispute: Between Status Quo and Revisionist

OpenAIRE

Triwibowo, Albert

2014-01-01

The paper is trying to look whether China is a status quo power or a revisionist power in theSouth China Sea dispute based on status quo indicator developed by Johnston and perspectives onconformity towards norms. Meanwhile, this paper argues that China is neither a status quo nor arevisionist in the South China Sea dispute to the extent of its compliance with the Declaration on theConduct of Parties (DoC) in the South China Sea. Using status quo indicators developed by Johnstonand also the p...

Chieftaincy succession disputes and the challenge to traditional ...

African Journals Online (AJOL)

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

The Dubai Approach as a New Resolution System for Islamic Finance Dispute Cases

OpenAIRE

Kawamura, Ai

2013-01-01

This paper aims to clarify the new dispute resolution system for Islamic finance by examining its relationship with the conventional dispute resolution systems. Islamic finance has been developing rapidly and has expanded its presence in the Gulf region, especially in the United Arab Emirates (UAE). At the same time, special regulations and legislations were established in order to maintain the stability of this market. There have been discussions around how Islamic financial cases being hand...

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

Science.gov (United States)

2013-02-22

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

MULTIMODAL CONSTRUCTION OF CHILDREN'S ARGUMENTS IN DISPUTES DURING PLAY

Directory of Open Access Journals (Sweden)

Rosemberg, Celia Renata

2013-09-01

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

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

NARCIS (Netherlands)

Ma, Xuechan

2016-01-01

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

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

Science.gov (United States)

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...

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...

A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field

Directory of Open Access Journals (Sweden)

Bo Young Park

2016-05-01

Full Text Available BackgroundDisputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future.MethodsWe conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved.ResultsThe claim amounts ranged from under 8 million KRW (6,991 USD to 750 million KRW (629,995 USD. The most common ratio of the judgment amount to the claim amount was 20%–30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%, violation of the duty of care in 10 cases (17%, violation of both duties in 20 cases (35%, and no violation of duty in six cases (10%.ConclusionsCosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field.

Science.gov (United States)

Park, Bo Young; Kim, Min Ji; Kang, So Ra; Hong, Seung Eun

2016-05-01

Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

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

Science.gov (United States)

Menassa, Carol Chukri

2009-01-01

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

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

Science.gov (United States)

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...

Countering China’s Maritime Territorial Disputes

Science.gov (United States)

2017-03-31

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

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

Science.gov (United States)

2010-02-19

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

Desire to bargain and negotiation success: Lessons about the need to negotiate from six hydropower disputes

International Nuclear Information System (INIS)

Burkardt, N.; Lamb, B.L.; Taylor, J.G.

1998-01-01

The authors investigated the notion that successful licensing negotiations require that all parties to the dispute must have a desire to bargain. This desire is most likely to be present when the dispute exhibits ripeness and each party believes a bargained solution is the most cost-effective way to resolve differences. Structured interviews of participants in six Federal Energy Regulatory Commission hydropower licensing consultations were conducted to determine the level of need to negotiate for each party. The findings indicate that a need to negotiate is a necessary, but not sufficient, condition for success. Several factors were associated with a need to negotiate: a weak BATNA (best alternative to a negotiated agreement); a salient issue; participants' sense of efficacy; a sense of inevitability; professional roles encouraging negotiation; and disputes about facts as opposed to disputes about values. Participants' need to negotiate fluctuated throughout the process and intensified when questions were ripe: i.e., critical issues were debated or the regulatory process required action

FORMS AND MECHANISMS OF LAW DISPUTE RESOLUTION USING THE PRINCIPLE OF PANCASILA BASED ON LOCAL WISDOM

Directory of Open Access Journals (Sweden)

Muhammad Taufiq

2016-01-01

Full Text Available Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.

Disputes over land and water rights in gold mining

NARCIS (Netherlands)

Stoltenborg, Didi; Boelens, Rutgerd

2016-01-01

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

25 CFR 547.11 - What are the minimum technical standards for money and credit handling?

Science.gov (United States)

2010-04-01

... GAMES § 547.11 What are the minimum technical standards for money and credit handling? This section... interface is: (i) Involved in the play of a game; (ii) In audit mode, recall mode or any test mode; (iii...) For machine-readable vouchers and coupons, a bar code or other form of machine readable representation...

77 FR 44706 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

Science.gov (United States)

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...

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

Science.gov (United States)

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...

78 FR 16754 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

Science.gov (United States)

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...

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

Science.gov (United States)

Netzley, Michael

2001-01-01

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

Multi-Layer Sparse Representation for Weighted LBP-Patches Based Facial Expression Recognition

Directory of Open Access Journals (Sweden)

Qi Jia

2015-03-01

Full Text Available In this paper, a novel facial expression recognition method based on sparse representation is proposed. Most contemporary facial expression recognition systems suffer from limited ability to handle image nuisances such as low resolution and noise. Especially for low intensity expression, most of the existing training methods have quite low recognition rates. Motivated by sparse representation, the problem can be solved by finding sparse coefficients of the test image by the whole training set. Deriving an effective facial representation from original face images is a vital step for successful facial expression recognition. We evaluate facial representation based on weighted local binary patterns, and Fisher separation criterion is used to calculate the weighs of patches. A multi-layer sparse representation framework is proposed for multi-intensity facial expression recognition, especially for low-intensity expressions and noisy expressions in reality, which is a critical problem but seldom addressed in the existing works. To this end, several experiments based on low-resolution and multi-intensity expressions are carried out. Promising results on publicly available databases demonstrate the potential of the proposed approach.

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

Science.gov (United States)

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

2011-10-01

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

Exit and Voice: Organizational Loyalty and Dispute Resolution Strategies

Science.gov (United States)

Hoffmann, Elizabeth A.

2006-01-01

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

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

Science.gov (United States)

Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

2015-01-01

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

Alternative dispute resolution and the physician--the use of mediation to resolve hospital-medical staff conflicts.

Science.gov (United States)

Hall, J L; Stong, R A

1993-01-01

The use of adversarial methods to resolve disputes arising out of medical staff matters can be time-consuming, costly, and disruptive to the hospital-medical staff relationship. As this article suggests, mediation is the preferred method of alternative dispute resolution for reaching mutually acceptable solutions with minimal harm to relationships.

Evolved Representation and Computational Creativity

Directory of Open Access Journals (Sweden)

Ashraf Fouad Hafez Ismail

2001-01-01

Full Text Available Advances in science and technology have influenced designing activity in architecture throughout its history. Observing the fundamental changes to architectural designing due to the substantial influences of the advent of the computing era, we now witness our design environment gradually changing from conventional pencil and paper to digital multi-media. Although designing is considered to be a unique human activity, there has always been a great dependency on design aid tools. One of the greatest aids to architectural design, amongst the many conventional and widely accepted computational tools, is the computer-aided object modeling and rendering tool, commonly known as a CAD package. But even though conventional modeling tools have provided designers with fast and precise object handling capabilities that were not available in the pencil-and-paper age, they normally show weaknesses and limitations in covering the whole design process.In any kind of design activity, the design worked on has to be represented in some way. For a human designer, designs are for example represented using models, drawings, or verbal descriptions. If a computer is used for design work, designs are usually represented by groups of pixels (paintbrush programs, lines and shapes (general-purpose CAD programs or higher-level objects like ‘walls’ and ‘rooms’ (purpose-specific CAD programs.A human designer usually has a large number of representations available, and can use the representation most suitable for what he or she is working on. Humans can also introduce new representations and thereby represent objects that are not part of the world they experience with their sensory organs, for example vector representations of four and five dimensional objects. In design computing on the other hand, the representation or representations used have to be explicitly defined. Many different representations have been suggested, often optimized for specific design domains

Settlement Ends Dispute between Princeton and Donors' Heirs

Science.gov (United States)

Masterson, Kathryn; Gose, Ben

2009-01-01

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

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

Directory of Open Access Journals (Sweden)

Alexander J. Bělohlávek

2012-10-01

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

International Disputes and Cultural Ideas in the Canadian Arctic

DEFF Research Database (Denmark)

Burke, Danita Catherine

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

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

Science.gov (United States)

2012-05-29

... and business to consumer cross-border electronic commerce disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of cross-border electronic commerce... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of Private International Law...

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

Science.gov (United States)

2011-10-20

... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... development of legal instruments for resolving both business to business and business to consumer cross-border...

Joint sparse representation for robust multimodal biometrics recognition.

Science.gov (United States)

Shekhar, Sumit; Patel, Vishal M; Nasrabadi, Nasser M; Chellappa, Rama

2014-01-01

Traditional biometric recognition systems rely on a single biometric signature for authentication. While the advantage of using multiple sources of information for establishing the identity has been widely recognized, computational models for multimodal biometrics recognition have only recently received attention. We propose a multimodal sparse representation method, which represents the test data by a sparse linear combination of training data, while constraining the observations from different modalities of the test subject to share their sparse representations. Thus, we simultaneously take into account correlations as well as coupling information among biometric modalities. A multimodal quality measure is also proposed to weigh each modality as it gets fused. Furthermore, we also kernelize the algorithm to handle nonlinearity in data. The optimization problem is solved using an efficient alternative direction method. Various experiments show that the proposed method compares favorably with competing fusion-based methods.

Can Artificial Intelligence and Online Dispute Resolution enhance efficiency and effectiveness in Courts

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.

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

Directory of Open Access Journals (Sweden)

Jeretina Urša

2016-06-01

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

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

Directory of Open Access Journals (Sweden)

Đundić Petar

2012-01-01

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

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

Science.gov (United States)

2013-10-28

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

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

Science.gov (United States)

2011-09-27

... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7518-012] Erie Boulevard Hydropower L.P.; Notice of Dispute Resolution Panel Meeting and Technical Conference On September 16, 2011, Commission staff, in response to the filing of notice of study dispute by the New York State Department of...

Consumer dispute resolution goes online: reflections on the evolution of European law for out-of-court redress

NARCIS (Netherlands)

Cortés, P.; Lodder, A.R.

2014-01-01

In this paper we discuss if and to what extent the 2013 EU Regulation on consumer online dispute resolution (ODR) in tandem with the EU Directive on consumer alternative dispute resolution (ADR) is likely to finally fulfil the opportunities that policy makers and academics have announced for many

The Gorontalo Religious Court Judges Response Toward Their Absolute Competence in Resolving Shariah Economy Disputes

OpenAIRE

Mardiana, Andi; Darwis, Rizal

2015-01-01

Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and docum...

Autonomy and Authority in the Resolution of Sibling Disputes.

Science.gov (United States)

Ross, Hildy; And Others

1996-01-01

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

47 CFR 76.975 - Commercial leased access dispute resolution.

Science.gov (United States)

2010-10-01

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

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

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

2016-04-28

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

International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

NARCIS (Netherlands)

H. van Lith (Hélène)

2009-01-01

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

A clinical analysis of 500 medico-legal claims evaluating the causes and assessing the potential benefit of alternative dispute resolution.

Science.gov (United States)

B-Lynch, C; Coker, A; Dua, J A

1996-12-01

1. To evaluate the common causes of medico-legal dispute in obstetrics and gynaecology. 2. To assess the potential benefit of early alternative dispute resolution. A prospective analysis of over 500 cases submitted from over 100 solicitors between 1984 and 1994 for medical expert opinion on potential medico-legal claims. Five hundred consecutive cases that met the inclusion criteria: 488 from the United Kingdom and 12 from abroad (Hong Kong, Republic of Ireland). The main principles underlining medico-legal disputes and causes of such claims. Analysis of 500 claims show 46% were misguided allegations, 19% incompetent care, 12% error of judgement, 9% lack of expertise, 7% failure of communication, 6% poor supervision and 1% inadequate staffing. Of the misguided allegations 119/225 cases (59%) were obstetric and 111/275 (40%) cases were gynaecological. The most common cause of obstetric dispute was "cerebral palsy' (22%), while the commonest cause of gynaecological dispute was failed sterilisation (19%). Settled claims were under-reported by solicitors. Because of the high percentage (46%) of misguided allegations, an alternative course of dispute resolution must be a realistic way forward. This course of action, combined with improved communication, could result in a major reduction in the costs of potential medical litigation. Early alternative dispute resolution should be considered in an attempt to reduce the escalating quantum of damages and costs. We recommend recruiting independent, experienced and unbiased consultants in active practice within the appropriate specialty to review such cases at the level of hospital complaints management as an in house review procedure, particularly for small and moderate-sized claims, as a means whereby doctors can retain control of medico-legal disputes, in contrast to control by the legal profession.

Fuel handling machine and auxiliary systems for a fuel handling cell

International Nuclear Information System (INIS)

Suikki, M.

2013-10-01

This working report is an update for as well as a supplement to an earlier fuel handling machine design (Kukkola and Roennqvist 2006). A focus in the earlier design proposal was primarily on the selection of a mechanical structure and operating principle for the fuel handling machine. This report introduces not only a fuel handling machine design but also auxiliary fuel handling cell equipment and its operation. An objective of the design work was to verify the operating principles of and space allocations for fuel handling cell equipment. The fuel handling machine is a remote controlled apparatus capable of handling intensely radiating fuel assemblies in the fuel handling cell of an encapsulation plant. The fuel handling cell is air tight space radiation-shielded with massive concrete walls. The fuel handling machine is based on a bridge crane capable of traveling in the handling cell along wall tracks. The bridge crane has its carriage provided with a carousel type turntable having mounted thereon both fixed and telescopic masts. The fixed mast has a gripper movable on linear guides for the transfer of fuel assemblies. The telescopic mast has a manipulator arm capable of maneuvering equipment present in the fuel handling cell, as well as conducting necessary maintenance and cleaning operations or rectifying possible fault conditions. The auxiliary fuel handling cell systems consist of several subsystems. The subsystems include a service manipulator, a tool carrier for manipulators, a material hatch, assisting winches, a vacuum cleaner, as well as a hose reel. With the exception of the vacuum cleaner, the devices included in the fuel handling cell's auxiliary system are only used when the actual encapsulation process is not ongoing. The malfunctions of mechanisms or actuators responsible for the motion actions of a fuel handling machine preclude in a worst case scenario the bringing of the fuel handling cell and related systems to a condition appropriate for

Fuel handling machine and auxiliary systems for a fuel handling cell

Energy Technology Data Exchange (ETDEWEB)

Suikki, M. [Optimik Oy, Turku (Finland)

2013-10-15

This working report is an update for as well as a supplement to an earlier fuel handling machine design (Kukkola and Roennqvist 2006). A focus in the earlier design proposal was primarily on the selection of a mechanical structure and operating principle for the fuel handling machine. This report introduces not only a fuel handling machine design but also auxiliary fuel handling cell equipment and its operation. An objective of the design work was to verify the operating principles of and space allocations for fuel handling cell equipment. The fuel handling machine is a remote controlled apparatus capable of handling intensely radiating fuel assemblies in the fuel handling cell of an encapsulation plant. The fuel handling cell is air tight space radiation-shielded with massive concrete walls. The fuel handling machine is based on a bridge crane capable of traveling in the handling cell along wall tracks. The bridge crane has its carriage provided with a carousel type turntable having mounted thereon both fixed and telescopic masts. The fixed mast has a gripper movable on linear guides for the transfer of fuel assemblies. The telescopic mast has a manipulator arm capable of maneuvering equipment present in the fuel handling cell, as well as conducting necessary maintenance and cleaning operations or rectifying possible fault conditions. The auxiliary fuel handling cell systems consist of several subsystems. The subsystems include a service manipulator, a tool carrier for manipulators, a material hatch, assisting winches, a vacuum cleaner, as well as a hose reel. With the exception of the vacuum cleaner, the devices included in the fuel handling cell's auxiliary system are only used when the actual encapsulation process is not ongoing. The malfunctions of mechanisms or actuators responsible for the motion actions of a fuel handling machine preclude in a worst case scenario the bringing of the fuel handling cell and related systems to a condition appropriate for

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

African Journals Online (AJOL)

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

Efficient processing of fluorescence images using directional multiscale representations.

Science.gov (United States)

Labate, D; Laezza, F; Negi, P; Ozcan, B; Papadakis, M

2014-01-01

Recent advances in high-resolution fluorescence microscopy have enabled the systematic study of morphological changes in large populations of cells induced by chemical and genetic perturbations, facilitating the discovery of signaling pathways underlying diseases and the development of new pharmacological treatments. In these studies, though, due to the complexity of the data, quantification and analysis of morphological features are for the vast majority handled manually, slowing significantly data processing and limiting often the information gained to a descriptive level. Thus, there is an urgent need for developing highly efficient automated analysis and processing tools for fluorescent images. In this paper, we present the application of a method based on the shearlet representation for confocal image analysis of neurons. The shearlet representation is a newly emerged method designed to combine multiscale data analysis with superior directional sensitivity, making this approach particularly effective for the representation of objects defined over a wide range of scales and with highly anisotropic features. Here, we apply the shearlet representation to problems of soma detection of neurons in culture and extraction of geometrical features of neuronal processes in brain tissue, and propose it as a new framework for large-scale fluorescent image analysis of biomedical data.

Unified double- and single-sided homogeneous Green's function representations

Science.gov (United States)

Wapenaar, Kees; van der Neut, Joost; Slob, Evert

2016-06-01

In wave theory, the homogeneous Green's function consists of the impulse response to a point source, minus its time-reversal. It can be represented by a closed boundary integral. In many practical situations, the closed boundary integral needs to be approximated by an open boundary integral because the medium of interest is often accessible from one side only. The inherent approximations are acceptable as long as the effects of multiple scattering are negligible. However, in case of strongly inhomogeneous media, the effects of multiple scattering can be severe. We derive double- and single-sided homogeneous Green's function representations. The single-sided representation applies to situations where the medium can be accessed from one side only. It correctly handles multiple scattering. It employs a focusing function instead of the backward propagating Green's function in the classical (double-sided) representation. When reflection measurements are available at the accessible boundary of the medium, the focusing function can be retrieved from these measurements. Throughout the paper, we use a unified notation which applies to acoustic, quantum-mechanical, electromagnetic and elastodynamic waves. We foresee many interesting applications of the unified single-sided homogeneous Green's function representation in holographic imaging and inverse scattering, time-reversed wave field propagation and interferometric Green's function retrieval.

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

Science.gov (United States)

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

2015-01-01

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

Past and Present Resource Disputes in the South China Sea: The Case of Reed Bank

Directory of Open Access Journals (Sweden)

Micah S. Muscolino

2013-09-01

Full Text Available In 2012, tensions flared between China and the Philippines over plans to drill for oil in the Reed Bank, a disputed shoal in the South China Sea, rekindling fears about the possibility of military conflict over the area’s energy resources. This article shows that international controversy centering on the Reed Bank’s hydrocarbon reserves initially emerged during the oil crisis of the 1970s, when the pursuit of energy resources transformed the islets into a hotly contested area. As in recent years, oil exploration by multinational corporations in conjunction with the Philippines catalyzed international disputes. Vigorous protests from China and other nations that lay claim to territories in the South China Sea prompted the Philippines to assert its own jurisdictional claims. The territorial dispute pushed claimants to the brink of military confrontation in the 1970s, yet armed conflict failed to materialize. By examining the initial round of tensions surrounding oil exploration at Reed Bank, this article situates the current international competition for the South China Sea’s energy resources in historical perspective. Analyzing past disputes and their ultimate resolution offers insights into the dynamics of present tensions, while making it possible to critically engage with arguments predicting future “resource wars” in the South China Sea.

The Dewey-Hutchins Debate: A Dispute over Moral Teleology

Science.gov (United States)

Johnston, James Scott

2011-01-01

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

Dispute resolution: the use of arbitration in the credit card industry

OpenAIRE

Olivier André

2009-01-01

The fine print in most credit card agreements states that any dispute with a credit card issuer must be resolved through arbitration. The author lays out potential advantages and disadvantages for the consumer.

Integration of object-oriented knowledge representation with the CLIPS rule based system

Science.gov (United States)

Logie, David S.; Kamil, Hasan

1990-01-01

The paper describes a portion of the work aimed at developing an integrated, knowledge based environment for the development of engineering-oriented applications. An Object Representation Language (ORL) was implemented in C++ which is used to build and modify an object-oriented knowledge base. The ORL was designed in such a way so as to be easily integrated with other representation schemes that could effectively reason with the object base. Specifically, the integration of the ORL with the rule based system C Language Production Systems (CLIPS), developed at the NASA Johnson Space Center, will be discussed. The object-oriented knowledge representation provides a natural means of representing problem data as a collection of related objects. Objects are comprised of descriptive properties and interrelationships. The object-oriented model promotes efficient handling of the problem data by allowing knowledge to be encapsulated in objects. Data is inherited through an object network via the relationship links. Together, the two schemes complement each other in that the object-oriented approach efficiently handles problem data while the rule based knowledge is used to simulate the reasoning process. Alone, the object based knowledge is little more than an object-oriented data storage scheme; however, the CLIPS inference engine adds the mechanism to directly and automatically reason with that knowledge. In this hybrid scheme, the expert system dynamically queries for data and can modify the object base with complete access to all the functionality of the ORL from rules.

Secure and Robust Iris Recognition Using Random Projections and Sparse Representations.

Science.gov (United States)

Pillai, Jaishanker K; Patel, Vishal M; Chellappa, Rama; Ratha, Nalini K

2011-09-01

Noncontact biometrics such as face and iris have additional benefits over contact-based biometrics such as fingerprint and hand geometry. However, three important challenges need to be addressed in a noncontact biometrics-based authentication system: ability to handle unconstrained acquisition, robust and accurate matching, and privacy enhancement without compromising security. In this paper, we propose a unified framework based on random projections and sparse representations, that can simultaneously address all three issues mentioned above in relation to iris biometrics. Our proposed quality measure can handle segmentation errors and a wide variety of possible artifacts during iris acquisition. We demonstrate how the proposed approach can be easily extended to handle alignment variations and recognition from iris videos, resulting in a robust and accurate system. The proposed approach includes enhancements to privacy and security by providing ways to create cancelable iris templates. Results on public data sets show significant benefits of the proposed approach.

AN ANALYSIS OF THE ROLE OF ECONOMIC ACTORS IN THE WTO DISPUTE SETTLEMENT SYSTEM: LEGAL OR POLITICAL ISSUE?

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

THE DUAL-TRACK APPROACH OF THE PRC TO THE RESOLUTION OF DISPUTES IN THE SOUTH CHINA SEA

Directory of Open Access Journals (Sweden)

Т И Понька

2017-12-01

Full Text Available The Asia-Pacific region is becoming one of the centers of global economic and political development. Countries of the region actively develop their economy, implement democratic reforms, and are also interested in peace and security in the region. A serious destabilizing factor in the Asia-Pacific region is territorial disputes between China and a number of countries in the region. China is taking the lead in the region and resolutely defends its interests, including territorial ones. The growing economic and military strength of China bothers other countries of Asia-Pacific region. Japan, Vietnam, South Korea, Indonesia also claim regional leadership. They also demonstrate determination in their territorial claims. Confrontation with China encourages the countries of the region to seek political and military support from the US, that could lead to the aggravation of the situation in the region in future. Meanwhile, China is also interested in good relations with neighbors, that’s why it changes approaches of solving its territorial issues. The objective of the research is to define China’s approach to territorial disputes in Asia-Pacific region. For this purpose, the authors set some tasks: first, to point out the main territorial disputes between China and Asia-Pacific countries, second, to consider how the problem of territorial disputes in Asia-Pacific region first appeared and developed, and how the Chinese government reacted to it, and finally, to analyze the role of international organizations, such as the UN and ASEAN in settling disputes in Asia-Pacific region. Summarizing the results of their research, the authors make the important conclusion that China’s stance on disputed territories remains unchanged, and at the same time, Chinese government seeks to solve the existing territorial problems peacefully, without using military force.

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

Directory of Open Access Journals (Sweden)

Sergei V. Kharitonov

2014-05-01

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

Health care litigation: the arbitration alternative for dispute resolution.

Science.gov (United States)

Cole, C A

1989-01-01

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

The role of mediation in resolving contract disputes

OpenAIRE

Christian, Michael C

1997-01-01

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

The dispute between Jonathan Franzen and Oprah Winfrey

Directory of Open Access Journals (Sweden)

Nina Bostič

2008-12-01

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

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

Science.gov (United States)

2011-04-25

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

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

Directory of Open Access Journals (Sweden)

Tania Sourdin

2013-12-01

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

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

Directory of Open Access Journals (Sweden)

Harsh Pathak

2016-10-01

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

Synthetic viewing: comprehensive work representation, making remote work clearer to the operator

International Nuclear Information System (INIS)

Leinemann, K.; Katz, F.; Knueppel, H.; Olbrich, W.; Maisonnier, D.

1995-01-01

Maintenance work in fusion plants such as the ITER plant will be carried out fully remotely, without any direct view on to the work scene. The basic sources of information about the state of the work are video monitors. In a first development step, this viewing channel was enhanced by three-dimensional computer graphics controlled by signals of motion sensors (such as joint angle sensors) of the real maintenance devices. However, experience has shown that more information is required about the status of all pieces of equipment involved and about the status of the entire handling task, if the work is to be done properly. Viewing for remote handling applications needs to include the display of such status information in a suitable form. Of special importance in this sense is the representation of the work procedures on the computer display, enabling the operator to grasp at a glance the actual state of the work and the details about the subtask to be executed next. The tool providing this ''synthetic'' viewing but also task-suited to planning, training and controlling support for the operator is the remote handling workstation. The prototype of a remote handling workstation was successfully used in the first complete Karlsruhe experiment for in-torus handling. (orig.)

Ethical Disputes and Credibility of Daily Newspapers-Content Analysis of Front Page Newspaper Articles in Jutarnji list and Večernji list

Directory of Open Access Journals (Sweden)

Dunja Majstorović

2010-12-01

Full Text Available Among the more common assertions regarding the media is the existence of a large number of ethical disputes in front page news articles in daily newspapers. Therefore, the main goal of this studyis to establish the number of ethical disputes in articles placed on the front pages of Croatia’s two main dailies, Jutarnji list and Večernji list (sample of one month. In the course of the research three hypotheses were made with the purpose of verifying their accuracy. Using content analysis as the primary method for analysis, the ethically disputable articles were divided into the following categories: anonymous sources, biased display of events, violations of human rights, inappropriate reporting, and headlines that fail to match the text. The same articles were then classifi ed into categories according to their topics. The results of this study confi rm all three hypotheses, the fi rst of which is that there are a large number of ethical disputes in the analyzed articles. In Jutarnji list 26 articles (of 95 analyzed articles contained 30 ethical disputes and in Večernji list 23 articles (of 108 analyzed contained 29 ethical disputes. Further, this study concludes that there is a distinct similarity in the number of ethical disputes in the articles in both newspapers. The results verify the third hypothesis; the largest number of ethically disputable articles centered on topics related to domestic politics. The results of the research indicate a violation of journalism ethics which can be explained by increasing sensationalism in daily newspapers. The result of inappropriate reporting has a significant impact on the decline of credibility of newspapers as a medium.

Representation without Taxation: Citizenship and Suffrage in Indian Country.

Science.gov (United States)

Phelps, Glenn A.

1985-01-01

Reviews history of Arizona Indian voting rights. Details current dispute over voting rights in Apache County (Arizona). Explores three unanswered questions in light of current constitutional interpretation. Stresses solution to political disputes will require climate of mutual trust, awareness of constitutional rights/obligations of all concerned,…

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

Science.gov (United States)

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

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

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

Science.gov (United States)

Richards, Jef I.; Preston, Ivan L.

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

Unified double- and single-sided homogeneous Green’s function representations

Science.gov (United States)

van der Neut, Joost; Slob, Evert

2016-01-01

In wave theory, the homogeneous Green’s function consists of the impulse response to a point source, minus its time-reversal. It can be represented by a closed boundary integral. In many practical situations, the closed boundary integral needs to be approximated by an open boundary integral because the medium of interest is often accessible from one side only. The inherent approximations are acceptable as long as the effects of multiple scattering are negligible. However, in case of strongly inhomogeneous media, the effects of multiple scattering can be severe. We derive double- and single-sided homogeneous Green’s function representations. The single-sided representation applies to situations where the medium can be accessed from one side only. It correctly handles multiple scattering. It employs a focusing function instead of the backward propagating Green’s function in the classical (double-sided) representation. When reflection measurements are available at the accessible boundary of the medium, the focusing function can be retrieved from these measurements. Throughout the paper, we use a unified notation which applies to acoustic, quantum-mechanical, electromagnetic and elastodynamic waves. We foresee many interesting applications of the unified single-sided homogeneous Green’s function representation in holographic imaging and inverse scattering, time-reversed wave field propagation and interferometric Green’s function retrieval. PMID:27436983

Territorial Disputes in Spratly: An Assessment of the Philippine Initiatives

Science.gov (United States)

2013-03-01

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

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

Science.gov (United States)

2010-12-29

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

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

Science.gov (United States)

2012-06-29

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

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

Science.gov (United States)

2010-06-30

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

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

Science.gov (United States)

2013-06-28

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

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

Science.gov (United States)

2011-07-01

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

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

Science.gov (United States)

2011-12-30

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

36 CFR 251.103 - Mediation of term grazing permit disputes.

Science.gov (United States)

2010-07-01

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

Using Process Observation to Teach Alternative Dispute Resolution: Alternatives to Simulation.

Science.gov (United States)

Bush, Robert A. Barush

1987-01-01

A method of teaching alternative dispute resolution (ADR) involves sending students to observe actual ADR sessions, by agreement with the agencies conducting them, and then analyzing the students' observations in focused discussions to improve student insight and understanding of the processes involved. (MSE)

Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles.

Science.gov (United States)

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)

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

CERN Multimedia

HR Department

2016-01-01

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

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 ...

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

Science.gov (United States)

2012-12-28

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

Handling of multiassembly sealed baskets between reactor storage and a remote handling facility

International Nuclear Information System (INIS)

Massey, J.V.; Kessler, J.H.; McSherry, A.J.

1989-06-01

The storage of multiple fuel assemblies in sealed (welded) dry storage baskets is gaining increasing use to augment at-reactor fuel storage capacity. Since this increasing use will place a significant number of such baskets on reactor sites, some initial downstream planning for their future handling scenarios for retrieving multi-assembly sealed baskets (MSBs) from onsite storage and transferring and shipping the fuel (and/or the baskets) to a federally operated remote handling facility (RHF). Numerous options or at-reactor and away-from-reactor handling were investigated. Materials handling flowsheets were developed along with conceptual designs for the equipment and tools required to handle and open the MSBs. The handling options were evaluated and compared to a reference case, fuel handling sequence (i.e., fuel assemblies are taken from the fuel pool, shipped to a receiving and handling facility and placed into interim storage). The main parameters analyzed are throughout, radiation dose burden and cost. In addition to evaluating the handling of MSBs, this work also evaluated handling consolidated fuel canisters (CFCs). In summary, the handling of MSBs and CFCs in the store, ship and bury fuel cycle was found to be feasible and, under some conditions, to offer significant benefits in terms of throughput, cost and safety. 14 refs., 20 figs., 24 tabs

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

Directory of Open Access Journals (Sweden)

伍偉華 Wei-Hua Wu

2012-06-01

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

Nuclear fuel handling apparatus

International Nuclear Information System (INIS)

Andrea, C.; Dupen, C.F.G.; Noyes, R.C.

1977-01-01

A fuel handling machine for a liquid metal cooled nuclear reactor in which a retractable handling tube and gripper are lowered into the reactor to withdraw a spent fuel assembly into the handling tube. The handling tube containing the fuel assembly immersed in liquid sodium is then withdrawn completely from the reactor into the outer barrel of the handling machine. The machine is then used to transport the spent fuel assembly directly to a remotely located decay tank. The fuel handling machine includes a decay heat removal system which continuously removes heat from the interior of the handling tube and which is capable of operating at its full cooling capacity at all times. The handling tube is supported in the machine from an articulated joint which enables it to readily align itself with the correct position in the core. An emergency sodium supply is carried directly by the machine to provide make up in the event of a loss of sodium from the handling tube during transport to the decay tank. 5 claims, 32 drawing figures

Alternative Dispute Resolution in Special Education: A View from the Field

Science.gov (United States)

Hazelkorn, Michael; Packard, Abbot L.; Douvanis, Gus

2008-01-01

Mediation was required by the Individuals With Disabilities Education (IDEA) 1997, and resolution sessions were added to the IDEA 2004. This study examines the perceptions of 260 special education directors in Georgia, Massachusetts, Washington, and Wisconsin to determine their perceptions regarding alternative dispute resolutions in which they…

Analysis of Forensic Autopsy in 120 Cases of Medical Disputes Among Different Levels of Institutional Settings.

Science.gov (United States)

Yu, Lin-Sheng; Ye, Guang-Hua; Fan, Yan-Yan; Li, Xing-Biao; Feng, Xiang-Ping; Han, Jun-Ge; Lin, Ke-Zhi; Deng, Miao-Wu; Li, Feng

2015-09-01

Despite advances in medical science, the causes of death can sometimes only be determined by pathologists after a complete autopsy. Few studies have investigated the importance of forensic autopsy in medically disputed cases among different levels of institutional settings. Our study aimed to analyze forensic autopsy in 120 cases of medical disputes among five levels of institutional settings between 2001 and 2012 in Wenzhou, China. The results showed an overall concordance rate of 55%. Of the 39% of clinically missed diagnosis, cardiovascular pathology comprises 55.32%, while respiratory pathology accounts for the remaining 44. 68%. Factors that increase the likelihood of missed diagnoses were private clinics, community settings, and county hospitals. These results support that autopsy remains an important tool in establishing causes of death in medically disputed case, which may directly determine or exclude the fault of medical care and therefore in helping in resolving these cases. © 2015 American Academy of Forensic Sciences.

Defining Marriage: Classification, Interpretation, and Definitional Disputes

Directory of Open Access Journals (Sweden)

Fabrizio Macagno

2016-09-01

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

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

Directory of Open Access Journals (Sweden)

Vladimir Maksovich Yefimov

2015-03-01

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

Schools versus Students' Rights: Can Alternative Dispute Resolution Build a Community.

Science.gov (United States)

Goldberg, Steven S.

1995-01-01

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

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

Science.gov (United States)

Palumbo, Dennis J.; And Others

1994-01-01

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

More than a headcount: towards strategic stakeholder representation in catchment management in South Africa and Zimbabwe

Science.gov (United States)

Manzungu, Emmanuel

In 1998 both South Africa and Zimbabwe promulgated new water laws to ensure that ownership and user-ship patterns of water resources match the new socio-political order. Integrated water resource management, incorporating among other things decentralized and democratized water management institutions and the principles of stakeholder participation, was regarded as the cornerstone of the reforms. This article examines how stakeholder representation, particularly of the formerly disadvantaged people, has been handled. It is observed that there has been too much effort dedicated to ensure a mere headcount of the stakeholders at the water table rather than on strategic representation. Strategic representation emphasizes stakeholder identity instead of consensus. Selective alliance building is important as is establishing genuine local level platforms with enough political space outside the state-tailored formal straight jackets. It is equally important to address developmental aspects of establishing catchment-wide bodies and structural problems such as access to land and financial resources. Without addressing these issues stakeholder representation will remain hamstrung in good intentions.

Social Representations of the Integrated High School Students about Astronomy

Science.gov (United States)

Barbosa, Jose Isnaldo de Lima; Voelzke, Marcos Rincon

2017-07-01

Astronomy issues are not always adequately handled in the formal education system, as well as, their dissemination in the media is often loaded with sensationalism. However, in this context the students are forming their explanations about it. Therefore, this work has the objective of identifying the possible social representations of students from the Integrated High School on the inductor term Astronomy. It is basically a descriptive research, therefore, a quali-qualitative approach was adopted. The procedures for obtaining the data occurred in the form of a survey, and they involved 653 subjects students from the Integrated High School. The results indicate that the surveyed students have social representations of the object Astronomy, which are based on elements from the formal education space, and also disclosed in the media. In addition, they demonstrate that the students have information about Astronomy, and a value judgment in relation to this science.

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

Directory of Open Access Journals (Sweden)

Elaine Feldman

2017-10-01

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

Arctic Sovereignty Disputes: International Relations Theory in the High North

Science.gov (United States)

2011-12-01

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

The Choice of Law Issues in Resolution of Marine Insurance Disputes in Indonesia

Directory of Open Access Journals (Sweden)

Marnia Rani

2018-01-01

Full Text Available Marine insurance business in Indonesia such as marine hull and machinery insurance and cargo insurance are subject to applicable laws and practices in the United Kingdom. Although Indonesia already has marine insurance law which is regulated in Wetboek van Koophandel, in fact, this busisness subject to English Law and Practice. The choice of law are listed in the insurance policy. Submission of the law and practice in UK raises the issue for the parties in the insurance contract, between Insurer and Insured. Although the principle of contract is a law for those who make it, but in practice there is a problem. The problem is especially when there is a dispute between Insurer and Insured. When disputes occur, each party has a different opinion regarding which country's laws may be applied to resolve disputes between Insurance Companies and Policyholders (the proper law of the contract, the applicable law. When referring to the provisions contained in the marine insurance policy which is a contract of the parties, it should be settled under the legal system and practice of law which is in force in the United Kingdom, because the choice of law is written in the contract. However, the problem arises again, whether the choice of law in the insurance contract can be applied, if the insurance company as a legal entity is established under Indonesian law and domiciled in Indonesia, as well as the policy holders who are Indonesian. On the basis of such matters, this paper intended to elaborate the principles of international civil law in Indonesia regarding the choice of law in the contract and is also associated with the personal status of the insurance company, the personal status of the policyholder who are Indonesian, as well as the consequences of the choice of law listed in marine hull and machinery insurance or cargo insurance and national laws which can be applied to marine insurance disputes occurring in Indonesia.  Keywords : Marine Insurance

The challenge of reforming the WTO dispute settlement understanding

OpenAIRE

Hauser, Heinz; Zimmermann, Thomas A.

2003-01-01

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

5 CFR 890.106 - Delegation of authority for resolving certain contract disputes.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Delegation of authority for resolving... (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM Administration and General Provisions § 890.106 Delegation of authority for resolving certain contract disputes. For...

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

Science.gov (United States)

Kopelman, Loretta M

2014-02-01

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

"The direction of the whole of the forces available": The Disputed ...

African Journals Online (AJOL)

To head off future disputes of this nature, the British government ruled in 1879 that the commander in the field always had to exercise full control over active operations, and in 1888 finally clarified in which circumstances the general in command assumed operational authority over both the colonial and imperial troops ...

The Evolving Law of Disputed Relocation: constructing inner-city renewal practices in Shanghai, 1990-2005.

Science.gov (United States)

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.

KNOWLEDGE-BASED ROBOT VISION SYSTEM FOR AUTOMATED PART HANDLING

Directory of Open Access Journals (Sweden)

J. Wang

2012-01-01

Full Text Available

ENGLISH ABSTRACT: This paper discusses an algorithm incorporating a knowledge-based vision system into an industrial robot system for handling parts intelligently. A continuous fuzzy controller was employed to extract boundary information in a computationally efficient way. The developed algorithm for on-line part recognition using fuzzy logic is shown to be an effective solution to extract the geometric features of objects. The proposed edge vector representation method provides enough geometric information and facilitates the object geometric reconstruction for gripping planning. Furthermore, a part-handling model was created by extracting the grasp features from the geometric features.

AFRIKAANSE OPSOMMING: Hierdie artikel beskryf ‘n kennis-gebaseerde visiesisteemalgoritme wat in ’n industriёle robotsisteem ingesluit word om sodoende intelligente komponenthantering te bewerkstellig. ’n Kontinue wasige beheerder is gebruik om allerlei objekinligting deur middel van ’n effektiewe berekeningsmetode te bepaal. Die ontwikkelde algoritme vir aan-lyn komponentherkenning maak gebruik van wasige logika en word bewys as ’n effektiewe metode om geometriese inligting van objekte te bepaal. Die voorgestelde grensvektormetode verskaf voldoende inligting en maak geometriese rekonstruksie van die objek moontlik om greepbeplanning te kan doen. Voorts is ’n komponenthanteringsmodel ontwikkel deur die grypkenmerke af te lei uit die geometriese eienskappe.

Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

NARCIS (Netherlands)

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

Accurate and efficient implementation of the von Neumann representation for laser pulses with discrete and finite spectra

International Nuclear Information System (INIS)

Dimler, Frank; Fechner, Susanne; Rodenberg, Alexander; Brixner, Tobias; Tannor, David J

2009-01-01

We recently introduced the von Neumann picture, a joint time-frequency representation, for describing ultrashort laser pulses. The method exploits a discrete phase-space lattice of nonorthogonal Gaussians to represent the pulses; an arbitrary pulse shape can be represented on this lattice in a one-to-one manner. Although the representation was originally defined for signals with an infinite continuous spectrum, it can be adapted to signals with discrete and finite spectrum with great computational savings, provided that discretization and truncation effects are handled with care. In this paper, we present three methods that avoid loss of accuracy due to these effects. The approach has immediate application to the representation and manipulation of femtosecond laser pulses produced by a liquid-crystal mask with a discrete and finite number of pixels.

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

Science.gov (United States)

Chidwick, Paula; Sibbald, Robert

2011-01-01

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

Analysis of the Ballot Shuffling Attack on Irish ballot counting for Proportional Representation by Single Transferable Vote (PR-STV)

DEFF Research Database (Denmark)

Cochran, Dermot Robert

2015-01-01

The current Irish legislation for counting of ballots does not fully comply with the true meaning of proportional representation by single transferable vote. This is due to the way in which second and subsequent transfers are handled, the legislative requirement to only count the last set of ball...

The Mini-Trial: A Valuable Alternative Dispute Resolution Tool for the United States Navy

National Research Council Canada - National Science Library

Morgan, Steven

1997-01-01

In order to avoid unnecessary, time consuming, and costly litigation, the Department of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR...

Representation and calculation of economic uncertainties

DEFF Research Database (Denmark)

Schjær-Jacobsen, Hans

2002-01-01

Management and decision making when certain information is available may be a matter of rationally choosing the optimal alternative by calculation of the utility function. When only uncertain information is available (which is most often the case) decision-making calls for more complex methods...... of representation and calculation and the basis for choosing the optimal alternative may become obscured by uncertainties of the utility function. In practice, several sources of uncertainties of the required information impede optimal decision making in the classical sense. In order to be able to better handle...... to uncertain economic numbers are discussed. When solving economic models for decision-making purposes calculation of uncertain functions will have to be carried out in addition to the basic arithmetical operations. This is a challenging numerical problem since improper methods of calculation may introduce...

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

Directory of Open Access Journals (Sweden)

Nikolai F. Bugai

2012-12-01

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

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

Science.gov (United States)

2010-04-01

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

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...

The role of maternal communication patterns about interparental disputes in associations between interparental conflict and child psychological maladjustment.

Science.gov (United States)

Gomulak-Cavicchio, Beata M; Davies, Patrick T; Cummings, E Mark

2006-12-01

The present study examined the role of mothers' communication with children about interparental disputes in associations between interparental conflict and child psychological maladjustment in a sample of 227 children and their parents followed over a one-year span. Most of the time (i.e., 79.8%) mothers reported that they would communicate with their children following interparental disputes, with the vast majority of those communications containing relatively constructive depictions of interparental conflict. Post-conflict communications were not associated with children's adjustment above and beyond the impact of interparental conflict. However, maternal communications underscoring family cohesion and warmth, emphasizing remorse for engaging in the interparental disagreement, and denying the occurrence of the dispute each moderated associations between interparental conflict and child externalizing symptoms in distinct, complex ways. The findings in general suggest that not all positive communications have the beneficial impact on children that parents may have intended.

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

Science.gov (United States)

Glenn, David

2008-01-01

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

20 CFR 641.930 - Is there an alternative dispute resolution process that may be used in place of an OALJ hearing?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... EMPLOYMENT PROGRAM Grievance Procedures and Appeals Process § 641.930 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint that has been...

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

Science.gov (United States)

Force, Melissa K.

2013-09-01

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

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

Science.gov (United States)

Schrag, Judy A.

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

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

Science.gov (United States)

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

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

Dispute settlement in international space law : a multi-door courthouse for outer space

NARCIS (Netherlands)

Goh, Gérardine Meishan

2007-01-01

The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a

Multi-party arbitration in international trade: problems and solutions

DEFF Research Database (Denmark)

Siig, Kristina

2007-01-01

Legal disputes regarding international trade frequently involve more than two parties. This leads to problems, as the preferred means of dispute resolution within international trade - arbitration - tends to be ill-equipped to handle such disputes. The topic of the paper is arbitration as a means...... of dispute resolution in a multy-party set-up. Both the possible legal bases and the problems encountered are considere. It is concluded that arbitration is still the only real option to the parties in international business disputes and that many of the shortcomings  may be contered by skilful drafting...

Robust Pedestrian Classification Based on Hierarchical Kernel Sparse Representation

Directory of Open Access Journals (Sweden)

Rui Sun

2016-08-01

Full Text Available Vision-based pedestrian detection has become an active topic in computer vision and autonomous vehicles. It aims at detecting pedestrians appearing ahead of the vehicle using a camera so that autonomous vehicles can assess the danger and take action. Due to varied illumination and appearance, complex background and occlusion pedestrian detection in outdoor environments is a difficult problem. In this paper, we propose a novel hierarchical feature extraction and weighted kernel sparse representation model for pedestrian classification. Initially, hierarchical feature extraction based on a CENTRIST descriptor is used to capture discriminative structures. A max pooling operation is used to enhance the invariance of varying appearance. Then, a kernel sparse representation model is proposed to fully exploit the discrimination information embedded in the hierarchical local features, and a Gaussian weight function as the measure to effectively handle the occlusion in pedestrian images. Extensive experiments are conducted on benchmark databases, including INRIA, Daimler, an artificially generated dataset and a real occluded dataset, demonstrating the more robust performance of the proposed method compared to state-of-the-art pedestrian classification methods.

Neo: an object model for handling electrophysiology data in multiple formats

Directory of Open Access Journals (Sweden)

Samuel eGarcia

2014-02-01

Full Text Available Neuroscientists use many different software tools to acquire, analyse and visualise electrophysiological signals. However, incompatible data models and file formats make it difficult to exchange data between these tools. This reduces scientific productivity, renders potentially useful analysis methods inaccessible and impedes collaboration between labs.A common representation of the core data would improve interoperability and facilitate data-sharing.To that end, we propose here a language-independent object model, named Neo, suitable for representing data acquired from electroencephalographic, intracellular, or extracellular recordings, or generated from simulations. As a concrete instantiation of this object model we have developed an open source implementation in the Python programming language.In addition to representing electrophysiology data in memory for the purposes of analysis and visualisation, the Python implementation provides a set of input/output (IO modules for reading/writing the data from/to a variety of commonly used file formats.Support is included for formats produced by most of the major manufacturers of electrophysiology recording equipment and also for more generic formats such as MATLAB.Data representation and data analysis are conceptually separate: it is easier to write robust analysis code if it is focused on analysis and relies on an underlying package to handle data representation.For that reason, and also to be as lightweight as possible, the Neo object model and the associated Python package are deliberately limited to representation of data, with no functions for data analysis or visualisation.Software for neurophysiology data analysis and visualisation built on top of Neo automatically gains the benefits of interoperability, easier data sharing and automatic format conversion; there is already a burgeoning ecosystem of such tools. We intend that Neo should become the standard basis for Python tools in

Technical note: Analysis of claims and disputes in contracts for oil and gas development projects in Iran with solutions

Directory of Open Access Journals (Sweden)

Fathollah Sajedi

2017-08-01

Full Text Available Contracts for oil and gas development projects are naturally complex, they are explained with some of maps and technical specifications. To supply the goals of contracts, it is necessary to construct by a team having owner, consulting engineer and contractor. The unique aspects of each project and team working are resulting to disagreements. It should be noted that the majority of team workers have not previously worked together. It may not be expected to forecast all project aspects in design and preparation of tender documents process. However, in some cases it will occur inconsistencies in contract documents and possibly may be disagreements on commentary of the cases which there are in the provisions of the contract. Every root of disagreement resulted in to claim and finally dispute. Lack of foresight and/or existing ambiguous texts in some provisions of contract, not being aware of components of the project to conditions and obligations and rules of contract will complex and sometimes impossible the agreement on implementation problems. Therefore, the claims will be resulted in disputes and inflict financial losses to contractors and/or owners and then the projects will not be completed. In Iran many activities have not been carried out about claims and disputes in different orientations especially in areas futures and hence, it was studied in this research. Firstly, research history was considered and the causes of claims and disputes were identified in process of different levels of oil projects construction from primary to exploitation and then a questionnaire was prepared using the comments of experts. Finally, the questionnaire was analysed by SPSS and the approved factors in creation of claims and disputes and in their roots were ranked.

Medical malpractice reform: the role of alternative dispute resolution.

Science.gov (United States)

Sohn, David H; Bal, B Sonny

2012-05-01

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

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.

Full scale tests on remote handled FFTF fuel assembly waste handling and packaging

International Nuclear Information System (INIS)

Allen, C.R.; Cash, R.J.; Dawson, S.A.; Strode, J.N.

1986-01-01

Handling and packaging of remote handled, high activity solid waste fuel assembly hardware components from spent FFTF reactor fuel assemblies have been evaluated using full scale components. The demonstration was performed using FFTF fuel assembly components and simulated components which were handled remotely using electromechanical manipulators, shielding walls, master slave manipulators, specially designed grapples, and remote TV viewing. The testing and evaluation included handling, packaging for current and conceptual shipping containers, and the effects of volume reduction on packing efficiency and shielding requirements. Effects of waste segregation into transuranic (TRU) and non-transuranic fractions also are discussed

Disputes between Russia and its neighbours concern also transit through Slovakia

International Nuclear Information System (INIS)

Hirman, K.

2004-01-01

In this paper the problems with transit of natural gas from Russia to European Union and the possibilities of its solution are presented. Main problems are in Ukraine and Belarus and they are discussed. These disputes concern natural gas transit through Slovakia. Gazprom considers a construction of new pipelines from Russia to Germany under Baltic Sea. The investments for its realisation are estimated to 5 billion USD

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

Directory of Open Access Journals (Sweden)

Zakiyah Zakiyah

2015-02-01

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

75 FR 82130 - WTO Dispute Settlement Proceeding Regarding China-Subsidies on Wind Power Equipment

Science.gov (United States)

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...

Coupling ontology driven semantic representation with multilingual natural language generation for tuning international terminologies.

Science.gov (United States)

Rassinoux, Anne-Marie; Baud, Robert H; Rodrigues, Jean-Marie; Lovis, Christian; Geissbühler, Antoine

2007-01-01

The importance of clinical communication between providers, consumers and others, as well as the requisite for computer interoperability, strengthens the need for sharing common accepted terminologies. Under the directives of the World Health Organization (WHO), an approach is currently being conducted in Australia to adopt a standardized terminology for medical procedures that is intended to become an international reference. In order to achieve such a standard, a collaborative approach is adopted, in line with the successful experiment conducted for the development of the new French coding system CCAM. Different coding centres are involved in setting up a semantic representation of each term using a formal ontological structure expressed through a logic-based representation language. From this language-independent representation, multilingual natural language generation (NLG) is performed to produce noun phrases in various languages that are further compared for consistency with the original terms. Outcomes are presented for the assessment of the International Classification of Health Interventions (ICHI) and its translation into Portuguese. The initial results clearly emphasize the feasibility and cost-effectiveness of the proposed method for handling both a different classification and an additional language. NLG tools, based on ontology driven semantic representation, facilitate the discovery of ambiguous and inconsistent terms, and, as such, should be promoted for establishing coherent international terminologies.

Alternative Dispute Resolution (ADR): A Different Framework for Conflict Resolution in Educational Settings.

Science.gov (United States)

Turan, Selahattin; Taylor, Charles

This paper briefly introduces alternative dispute resolution (ADR) processes and their fundamental principles. The paper provides a review of the literature on ADR and discusses its applicability in educational settings. The concept of conflict is explained, along with analysis of the limitations of traditional conflict resolution processes. The…

THERAPIE - THErmix-RAps-Plot-InterfacE. A graphic software for representation of THERMIX-2D results with the interactive plot program RAPS

International Nuclear Information System (INIS)

Duensing, P.; Jahn, W.; Rehm, W.

1986-09-01

The performance of safety analyses for gas-cooled high temperature reactor power plants requires efficient plot codes for the evaluation and representation of computer results. The report describes the coupling between the thermodynamic simulation code THERMIX and the graphic plot code RAPS via the interface program THERAPIE. Especially the structure and the handling of the interface program are explained as well as the dialogue with the plot code. Further options of the colour graphic system are demonstrated for the representation of temperature distributions in components of HTR concepts (HTR-500). (orig.) [de

Ergonomic material-handling device

Science.gov (United States)

Barsnick, Lance E.; Zalk, David M.; Perry, Catherine M.; Biggs, Terry; Tageson, Robert E.

2004-08-24

A hand-held ergonomic material-handling device capable of moving heavy objects, such as large waste containers and other large objects requiring mechanical assistance. The ergonomic material-handling device can be used with neutral postures of the back, shoulders, wrists and knees, thereby reducing potential injury to the user. The device involves two key features: 1) gives the user the ability to adjust the height of the handles of the device to ergonomically fit the needs of the user's back, wrists and shoulders; and 2) has a rounded handlebar shape, as well as the size and configuration of the handles which keep the user's wrists in a neutral posture during manipulation of the device.

Deeper Into Divorce: Using Actor–Partner Analyses to Explore Systemic Differences in Coparenting Conflict Following Custody Dispute Resolution

Science.gov (United States)

Sbarra, David A.; Emery, Robert E.

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

Practices of Handling

DEFF Research Database (Denmark)

Ræbild, Ulla

Abstract While few will dispute the idea that fashion designers relate to the notion of the body in their work practice, the actual embodied engagement of the designer, and the role that the personal bodies of the designers play in processes of fashion design, is an underexposed although nascent...... introduces four ways whereby fashion designers apply their own bodies as tools for design; a) re-activating past garment-design experiences, b) testing present garment-design experiences c) probing for new garment-design experiences and d) design of future garment experiences by body proxy. The paper...... is based on the Ph.D. thesis Addressing the Body – methodological practises in professional fashion design finalised October 2014 (Ræbild, in press)...

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

Science.gov (United States)

2010-04-01

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

Prevention of US-China Armed Conflict Over South China Sea Territorial Disputes

Science.gov (United States)

2013-03-01

States, and the global community as they pertain to the disputed islands. This will include an analysis of China’s constitutional philosophy of the...Publishing. October 22, 2012, 21. 11 its regional competitors , China ratified the UNCLOS soon thereafter despite disagreements with how various...support United Nations Security 2 CNBC, “ Toyota China Sales Tank as Islands Row Hits Japan Inc.,” CNBC

Single and Multiple Object Tracking Using a Multi-Feature Joint Sparse Representation.

Science.gov (United States)

Hu, Weiming; Li, Wei; Zhang, Xiaoqin; Maybank, Stephen

2015-04-01

In this paper, we propose a tracking algorithm based on a multi-feature joint sparse representation. The templates for the sparse representation can include pixel values, textures, and edges. In the multi-feature joint optimization, noise or occlusion is dealt with using a set of trivial templates. A sparse weight constraint is introduced to dynamically select the relevant templates from the full set of templates. A variance ratio measure is adopted to adaptively adjust the weights of different features. The multi-feature template set is updated adaptively. We further propose an algorithm for tracking multi-objects with occlusion handling based on the multi-feature joint sparse reconstruction. The observation model based on sparse reconstruction automatically focuses on the visible parts of an occluded object by using the information in the trivial templates. The multi-object tracking is simplified into a joint Bayesian inference. The experimental results show the superiority of our algorithm over several state-of-the-art tracking algorithms.

30o inclination in handles of plastic boxes can reduce postural and muscular workload during handling

Directory of Open Access Journals (Sweden)

Luciana C. C. B. Silva

2013-06-01

Full Text Available BACKGROUND: The handling of materials, which occurs in the industrial sector, is associated with lesions on the lumbar spine and in the upper limbs. Inserting handles in industrial boxes is a way to reduce work-related risks. Although the position and angle of the handles are significant factors in comfort and safety during handling, these factors have rarely been studied objectively. OBJECTIVE: To compare the handling of a commercial box and prototypes with handles and to evaluate the effects on upper limb posture, muscle electrical activity, and perceived acceptability using different grips while handling materials from different heights. METHOD: Thirty-seven healthy volunteers evaluated the handles of prototypes that allowed for changes in position (top and bottom and angle (0°, 15°, and 30°. Wrist, elbow, and shoulder movements were evaluated using electrogoniometry and inclinometry. The muscle electrical activity in the wrist extensors, biceps brachii, and the upper portion of the trapezius was measured using a portable electromyographer. The recorded data on muscle movements and electrical activity were synchronized. Subjective evaluations of acceptability were evaluated using a visual analog scale. RESULTS AND CONCLUSIONS: The prototypes with handles at a 30° angle produced the highest acceptability ratings, more neutral wrist positions, lower levels of electromyographic activity for the upper trapezius, and lower elevation angles for the arms. The different measurement methods were complementary in evaluating the upper limbs during handling.

77 FR 73732 - WTO Dispute Settlement Proceeding Regarding United States ; Countervailing and Anti-Dumping...

Science.gov (United States)

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...

New transport and handling contract

CERN Multimedia

SC Department

2008-01-01

A new transport and handling contract entered into force on 1.10.2008. As with the previous contract, the user interface is the internal transport/handling request form on EDH: https://edh.cern.ch/Document/TransportRequest/ To ensure that you receive the best possible service, we invite you to complete the various fields as accurately as possible and to include a mobile telephone number on which we can reach you. You can follow the progress of your request (schedule, completion) in the EDH request routing information. We remind you that the following deadlines apply: 48 hours for the transport of heavy goods (up to 8 tonnes) or simple handling operations 5 working days for crane operations, transport of extra-heavy goods, complex handling operations and combined transport and handling operations in the tunnel. For all enquiries, the number to contact remains unchanged: 72202. Heavy Handling Section TS-HE-HH 72672 - 160319

The Tale of the Dragon and the Elephant: A Review on the Implications of Sino-Indian Border Disputes to Political Order in Asia

Directory of Open Access Journals (Sweden)

Reymund B. Flores

2017-12-01

Full Text Available Asia is sitting on a tinderbox. Tensions such as involving China already grabbed enough headlines. One of which is the border dispute between this Asian Dragon with India. The formation of strong alliances and conflict escalation is very real. Rising aspirations and growing hunger for resources in a depleted continent that has been inhabited for millennia are leading to tension and instability. International system is maintained with its balanced structure, which is based on power. From the beginning of the colonial period to the height of western imperialism, and throughout the course of former colonies’ national independence, territorial disputes have been a root cause of war and conflict between states. As China shares a border with more countries than any other state, it exists within an extremely complicated geopolitical environment. The continuing border dispute between China and India, for instance, is a puzzle for many. Despite six decades of attempts at resolution, the dispute persists in the face of official bonhomie and booming trade relations between the two rising giants. This paper presents the discourses on Asia’s geopolitics, particularly the Sino-Indian border dispute and multilateral politics in acquiring assorted global resources, forming regional and global identity, and political order and security issues. India and China are playing an increasingly important role in the world economy. A better relationship would boost trade ties, investments and employment in the two countries, and even augment global growth.

Cultural heritage and multidimensional representations of buildings

DEFF Research Database (Denmark)

Schrøder, Anne Lise

2006-01-01

buildings can be represented in various ways due to a variety of purposes in society. Dealing with city management in general the complex of information concerning historical buildings is for instance present when handling building permissions or city renewal processes, facilitating tourism as well...... as branding the city or cultural environments in a broader sense. In the geo-information community as well as in the built environment metadata and meta-information as means of communicating content and usability of datasets and information setups has been a key matter for several years. The approach...... in this paper is the belief that a more abstract level for reflection and understanding of the various modelling processes is needed. Addressing this matter a semiotic modelling tool will be introduced as a formal ontological schema capable of framing the various representational levels concerning complex...

The "One-Letter-War"

DEFF Research Database (Denmark)

Gammeltoft, Peder

2017-01-01

The resolve of the naming dispute between Denmark, Norway and Sweden over the sea name Skagerrak has always been hailed as a prime example of how a naming dispute between countries over joint geographical name features should be handled and solved. This is a search into the story behind the scenes...... by the national mapping agencies. Practical Implications: Useful for institutions seeking name dispute resolution. Building on the extensive correspondence of almost fifty letters in the Danish Place-Name Commission’s journal archive, this naming dispute is shown to be of a rather different nature and resolve...

Trends in Modern Exception Handling

Directory of Open Access Journals (Sweden)

Marcin Kuta

2003-01-01

Full Text Available Exception handling is nowadays a necessary component of error proof information systems. The paper presents overview of techniques and models of exception handling, problems connected with them and potential solutions. The aspects of implementation of propagation mechanisms and exception handling, their effect on semantics and general program efficiency are also taken into account. Presented mechanisms were adopted to modern programming languages. Considering design area, formal methods and formal verification of program properties we can notice exception handling mechanisms are weakly present what makes a field for future research.

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

Directory of Open Access Journals (Sweden)

Krenare Vokshi

2016-03-01

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

Representations of body and violence: the invention of "domestic violence" in East Timor

Directory of Open Access Journals (Sweden)

Daniel Schroeter Simião

2007-01-01

Full Text Available East Timor is now faced to a strong social and political change, which implies, on gender issues, the building of a new morality about domestic physical aggression. Based on the local translation of gender equality principles ? seen as universal values ? a set of actions against domestic violence is questioning local practices and attitudes regarding representations of body, gender and sexuality, such as polygamy, the obligations to childbirth and the responsibilities on contraception. Based on one year fieldwork in the country, this paper discusses the way the knowledge of experts on the field of gender and development reflects upon political projects which contribute to the shaping of a specific way of experiencing the body, inscribing physical punishment into a new universe of meanings, many of them considerably different from those in force at the countryside. Conflicts and syntheses emerged from this process show the importance of being aware of the relationship of the building of local identities faced to broader political and symbolic disputes as well as the limits of the binding of local practices and values thought as universal ones.

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

Science.gov (United States)

2011-06-01

William Shakespeare , The Merchant of Venice A. INTRODUCTION Nations go to war for several reasons, among them disputes over interstate boundaries...PAGE INTENTIONALLY LEFT BLANK vii TABLE OF CONTENTS I. INTRODUCTION ...6 II. CONCEPTUALIZING BORDER CONFLICT RESOLUTION ............................7 A. INTRODUCTION

78 FR 16849 - Alaska Energy Authority; Notice of Dispute Resolution Panel Meeting and Technical Conference

Science.gov (United States)

2013-03-19

... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14241-000] Alaska Energy Authority; Notice of Dispute Resolution Panel Meeting and Technical Conference On March 8, 2013, Commission staff, in response to the filing of a notice of [[Page 16850

Remote handling machines

International Nuclear Information System (INIS)

Sato, Shinri

1985-01-01

In nuclear power facilities, the management of radioactive wastes is made with its technology plus the automatic techniques. Under the radiation field, the maintenance or aid of such systems is important. To cope with this situation, MF-2 system, MF-3 system and a manipulator system as remote handling machines are described. MF-2 system consists of an MF-2 carrier truck, a control unit and a command trailer. It is capable of handling heavy-weight objects. The system is not by hydraulic but by electrical means. MF-3 system consists of a four-crawler truck and a manipulator. The truck is versatile in its posture by means of the four independent crawlers. The manipulator system is bilateral in operation, so that the delicate handling is made possible. (Mori, K.)

Case of administrative dispute

Directory of Open Access Journals (Sweden)

Xhemazie Ibraimi

2015-11-01

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

Risky Invasions: Decisions Made by the Argentine Junta Regarding Disputed Islands, 1978-1982

Science.gov (United States)

2011-09-01

111 Garrett, Beagle Channel Dispute, 100. 112 Guillermo Lagos Carmona. 1985. La delimitación marítima austral y el Tratado de paz y amistad entre...Politics (Vol. 57, No. 1, February 1995), 159–175. Lagos Carmona, Guillermo. 1985. La delimitación marítima austral y el Tratado de paz y amistad entre

Farmers' laws and irrigation : water rights and dispute management in the hills of Nepal

NARCIS (Netherlands)

Poudel, R.

2000-01-01

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

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

Directory of Open Access Journals (Sweden)

Tri Cahya Indra Permana

2016-03-01

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

How does the World Trade Organization know? The mobilization and staging of scientific expertise in the GMO trade dispute.

Science.gov (United States)

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.

Court Cases Involving Contracts for School Districts

Science.gov (United States)

Allen, L. Hank

2011-01-01

The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

Reflections on drafting of civil liability clauses and solving of disputes in supply contracts throughout the nuclear fuel cycle

International Nuclear Information System (INIS)

Virole, jean.

1977-01-01

The lengthy duration and diversity of the stages of the fuel cycle and the geographical distribution of the nuclear industries give the contracts for carrying out the different operations such flexibility that in order to settle disputes concerning notably but not exclusively liability, reference may be made to different legal systems according to whether the regulations of international public or private law can be applied. The options provided for co-contractors in view of the flexibility of the contracts lead to adoption of varying clauses for settling disputes according to the different industrial achievements envisaged. (NEA) [fr

CONTEXTUALIZING THE USE OF THE DIPLOMATIC ALTERNATIVE IN CONFLICT RESOLUTION IN THE DISPUTE BETWEEN NIGERIA AND CAMEROON OVER BAKASSI 1994 -2006

Directory of Open Access Journals (Sweden)

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.

Safety of Cargo Aircraft Handling Procedure

Directory of Open Access Journals (Sweden)

Daniel Hlavatý

2017-07-01

Full Text Available The aim of this paper is to get acquainted with the ways how to improve the safety management system during cargo aircraft handling. The first chapter is dedicated to general information about air cargo transportation. This includes the history or types of cargo aircraft handling, but also the means of handling. The second part is focused on detailed description of cargo aircraft handling, including a description of activities that are performed before and after handling. The following part of this paper covers a theoretical interpretation of safety, safety indicators and legislative provisions related to the safety of cargo aircraft handling. The fourth part of this paper analyzes the fault trees of events which might occur during handling. The factors found by this analysis are compared with safety reports of FedEx. Based on the comparison, there is a proposal on how to improve the safety management in this transportation company.

76 FR 11553 - WTO Dispute Settlement Proceeding Regarding United States-Anti Dumping Measures on Corrosion...

Science.gov (United States)

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...

Winning the Passion and Emotion in Family Conflicts: Reconciliation and Mediation as a Viable Solution to Disputes Involving Family Law

Directory of Open Access Journals (Sweden)

José Sebastião de Oliveira

2016-06-01

Full Text Available The scope of the present study is to analyse the importance of the institutes of reconciliation and mediation in disputes involving family law, as a way towards social pacification, even thow it is common that parties, in such cases, come in hot headed. The reconciliation method has its focus set on the rapid and effective resolution of disputes, while the mediation method has a larger goal, which is the pacification of family conflict. This second method (mediation aims to arouse the interest of the parties in solving the problem of family reorganization

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

DEFF Research Database (Denmark)

O'Shea, Paul

2016-01-01

the Chinese Communist Party's nationalist credentials and thus its legitimacy. The Abe Shinzō administration in Tokyo can use the dispute as an example of the “China Threat”, justifying the need for Japan to continue its “normalizing” path. Finally, although the USA portrays itself as a stabilizing force...

Factorizations and physical representations

International Nuclear Information System (INIS)

Revzen, M; Khanna, F C; Mann, A; Zak, J

2006-01-01

A Hilbert space in M dimensions is shown explicitly to accommodate representations that reflect the decomposition of M into prime numbers. Representations that exhibit the factorization of M into two relatively prime numbers: the kq representation (Zak J 1970 Phys. Today 23 51), and related representations termed q 1 q 2 representations (together with their conjugates) are analysed, as well as a representation that exhibits the complete factorization of M. In this latter representation each quantum number varies in a subspace that is associated with one of the prime numbers that make up M

Ergonomics and patient handling.

Science.gov (United States)

McCoskey, Kelsey L

2007-11-01

This study aimed to describe patient-handling demands in inpatient units during a 24-hour period at a military health care facility. A 1-day total population survey described the diverse nature and impact of patient-handling tasks relative to a variety of nursing care units, patient characteristics, and transfer equipment. Productivity baselines were established based on patient dependency, physical exertion, type of transfer, and time spent performing the transfer. Descriptions of the physiological effect of transfers on staff based on patient, transfer, and staff characteristics were developed. Nursing staff response to surveys demonstrated how patient-handling demands are impacted by the staff's physical exertion and level of patient dependency. The findings of this study describe the types of transfers occurring in these inpatient units and the physical exertion and time requirements for these transfers. This description may guide selection of the most appropriate and cost-effective patient-handling equipment required for specific units and patients.

Equipment for the handling of thorium materials

International Nuclear Information System (INIS)

Heisler, S.W. Jr.; Mihalovich, G.S.

1988-01-01

The Feed Materials Production Center (FMPC) is the United States Department of Energy's storage facility for thorium. FMPC thorium handling and overpacking projects ensure the continued safe handling and storage of the thorium inventory until final disposition of the materials is determined and implemented. The handling and overpacking of the thorium materials requires the design of a system that utilizes remote handling and overpacking equipment not currently utilized at the FMPC in the handling of uranium materials. The use of remote equipment significantly reduces radiation exposure to personnel during the handling and overpacking efforts. The design system combines existing technologies from the nuclear industry, the materials processing and handling industry and the mining industry. The designed system consists of a modified fork lift truck for the transport of thorium containers, automated equipment for material identification and inventory control, and remote handling and overpacking equipment for material identification and inventory control, and remote handling and overpacking equipment for repackaging of the thorium materials

75 FR 27614 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Production and...

Science.gov (United States)

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...

Distinguishing Representations as Origin and Representations as Input: Roles for Individual Cells

Directory of Open Access Journals (Sweden)

Jonathan C.W. Edwards

2016-09-01

Full Text Available It is widely perceived that there is a problem in giving a naturalistic account of mental representation that deals adequately with meaning, interpretation or significance (semantic content. It is suggested here that this problem may arise partly from the conflation of two vernacular senses of representation: representation-as-origin and representation-as-input. The flash of a neon sign may in one sense represent a popular drink, but to function as representation it must provide an input to a ‘consumer’ in the street. The arguments presented draw on two principles – the neuron doctrine and the need for a venue for ‘presentation’ or ‘reception’ of a representation at a specified site, consistent with the locality principle. It is also argued that domains of representation cannot be defined by signal traffic, since they can be expected to include ‘null’ elements based on non-firing cells. In this analysis, mental representations-as-origin are distributed patterns of cell firing. Each firing cell is given semantic value in its own right - some form of atomic propositional significance – since different axonal branches may contribute to integration with different populations of signals at different downstream sites. Representations-as-input are patterns of local co-arrival of signals in the form of synaptic potentials in dendrites. Meaning then draws on the relationships between active and null inputs, forming ‘scenarios’ comprising a molecular combination of ‘premises’ from which a new output with atomic propositional significance is generated. In both types of representation, meaning, interpretation or significance pivots on events in an individual cell. (This analysis only applies to ‘occurrent’ representations based on current neural activity. The concept of representations-as-input emphasises the need for a ‘consumer’ of a representation and the dependence of meaning on the co-relationships involved in an

How to Handle Abuse

Science.gov (United States)

... Handle Abuse KidsHealth / For Kids / How to Handle Abuse What's in this article? Tell Right Away How Do You Know Something Is Abuse? ... babysitter, teacher, coach, or a bigger kid. Child abuse can happen anywhere — at ... building. Tell Right Away A kid who is being seriously hurt ...

Waste Handling Building Conceptual Study

International Nuclear Information System (INIS)

G.W. Rowe

2000-01-01

The objective of the ''Waste Handling Building Conceptual Study'' is to develop proposed design requirements for the repository Waste Handling System in sufficient detail to allow the surface facility design to proceed to the License Application effort if the proposed requirements are approved by DOE. Proposed requirements were developed to further refine waste handling facility performance characteristics and design constraints with an emphasis on supporting modular construction, minimizing fuel inventory, and optimizing facility maintainability and dry handling operations. To meet this objective, this study attempts to provide an alternative design to the Site Recommendation design that is flexible, simple, reliable, and can be constructed in phases. The design concept will be input to the ''Modular Design/Construction and Operation Options Report'', which will address the overall program objectives and direction, including options and issues associated with transportation, the subsurface facility, and Total System Life Cycle Cost. This study (herein) is limited to the Waste Handling System and associated fuel staging system

Practices of Handling

DEFF Research Database (Denmark)

Ræbild, Ulla

to touch, pick up, carry, or feel with the hands. Figuratively it is to manage, deal with, direct, train, or control. Additionally, as a noun, a handle is something by which we grasp or open up something. Lastly, handle also has a Nordic root, here meaning to trade, bargain or deal. Together all four...... meanings seem to merge in the fashion design process, thus opening up for an embodied engagement with matter that entails direction giving, organizational management and negotiation. By seeing processes of handling as a key fashion methodological practice, it is possible to divert the discourse away from...... introduces four ways whereby fashion designers apply their own bodies as tools for design; a) re-activating past garment-design experiences, b) testing present garment-design experiences c) probing for new garment-design experiences and d) design of future garment experiences by body proxy. The paper...

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

Directory of Open Access Journals (Sweden)

Ravi A. Balaram

2012-01-01

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

SRV-automatic handling device

International Nuclear Information System (INIS)

Yamada, Koji

1987-01-01

Automatic handling device for the steam relief valves (SRV's) is developed in order to achieve a decrease in exposure of workers, increase in availability factor, improvement in reliability, improvement in safety of operation, and labor saving. A survey is made during a periodical inspection to examine the actual SVR handling operation. An SRV automatic handling device consists of four components: conveyor, armed conveyor, lifting machine, and control/monitoring system. The conveyor is so designed that the existing I-rail installed in the containment vessel can be used without any modification. This is employed for conveying an SRV along the rail. The armed conveyor, designed for a box rail, is used for an SRV installed away from the rail. By using the lifting machine, an SRV installed away from the I-rail is brought to a spot just below the rail so that the SRV can be transferred by the conveyor. The control/monitoring system consists of a control computer, operation panel, TV monitor and annunciator. The SRV handling device is operated by remote control from a control room. A trial equipment is constructed and performance/function testing is carried out using actual SRV's. As a result, is it shown that the SRV handling device requires only two operators to serve satisfactorily. The required time for removal and replacement of one SRV is about 10 minutes. (Nogami, K.)

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

Science.gov (United States)

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...

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

Science.gov (United States)

Hawkins, Benjamin; Holden, Chris

2016-10-01

The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global "spaghetti bowl" of IIAs creates opportunities for corporations to venue shop; that is, to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues. Copyright © 2016 by Duke University Press.

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

Science.gov (United States)

Kirby, Stephanie

2004-09-01

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

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

Directory of Open Access Journals (Sweden)

Valko Irina

2016-04-01

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

Grain Handling and Storage.

Science.gov (United States)

Harris, Troy G.; Minor, John

This text for a secondary- or postecondary-level course in grain handling and storage contains ten chapters. Chapter titles are (1) Introduction to Grain Handling and Storage, (2) Elevator Safety, (3) Grain Grading and Seed Identification, (4) Moisture Control, (5) Insect and Rodent Control, (6) Grain Inventory Control, (7) Elevator Maintenance,…

Multi-representation based on scientific investigation for enhancing students’ representation skills

Science.gov (United States)

Siswanto, J.; Susantini, E.; Jatmiko, B.

2018-03-01

This research aims to implementation learning physics with multi-representation based on the scientific investigation for enhancing students’ representation skills, especially on the magnetic field subject. The research design is one group pretest-posttest. This research was conducted in the department of mathematics education, Universitas PGRI Semarang, with the sample is students of class 2F who take basic physics courses. The data were obtained by representation skills test and documentation of multi-representation worksheet. The Results show gain analysis value of .64 which means some medium improvements. The result of t-test (α = .05) is shows p-value = .001. This learning significantly improves students representation skills.

A guide to public engagement and appropriate dispute resolution

Energy Technology Data Exchange (ETDEWEB)

Jonsson, C.

2006-10-15

This guide was developed to help oil and gas companies operating in British Columbia to understand what tools are available to them when entering a public engagement process. It describes the BC Oil and Gas Commission's (OGC's) expectations regarding public engagement and appropriate dispute resolutions (ADR) associated with applications for oil and gas exploration, development and production in the province. The OGC's comprehensive application review process is designed to balance environmental, economic and social factors. The public engagement process is intended to allow the public to express concerns about how proposed oil and gas operations may affect them. This document also emphasized the government's responsibility to consult with First Nations on their treaty rights. The guide presented key concepts and best practices in the public engagement process and explained how to engage participants before, during and after application decisions are made. The OGC may impose conditions on the applicant to mitigate concerns of the affected public. The concerns typically range from noise of oil and gas machinery; air pollution; concern for health and safety; traffic control; water quality; and, aesthetics. A table of possible mitigative measures to these concerns was presented to demonstrate some options that may be used by industry and the affected public in resolving issues related to oil and gas activities. The OGC promotes the independent resolution of concerns. However, if conflicts exist, the OGC encourages participants to use appropriate dispute resolution (ADR) to help resolve any differences. Although participation in ADR is voluntary, its use allows affected parties to gain a sense of ownership over the proceedings and outcomes. In addition to being less costly than legal proceedings, ADR can lead to win-win outcomes, improve relationships and lead to more routine applications for oil and gas activities. refs., tabs., figs.

Representation in Memory.

Science.gov (United States)

Rumelhart, David E.; Norman, Donald A.

This paper reviews work on the representation of knowledge from within psychology and artificial intelligence. The work covers the nature of representation, the distinction between the represented world and the representing world, and significant issues concerned with propositional, analogical, and superpositional representations. Specific topics…

TRANSPORT/HANDLING REQUESTS

CERN Multimedia

Groupe ST/HM

2002-01-01

A new EDH document entitled 'Transport/Handling Request' will be in operation as of Monday, 11th February 2002, when the corresponding icon will be accessible from the EDH desktop, together with the application instructions. This EDH form will replace the paper-format transport/handling request form for all activities involving the transport of equipment and materials. However, the paper form will still be used for all vehicle-hire requests. The introduction of the EDH transport/handling request form is accompanied by the establishment of the following time limits for the various services concerned: 24 hours for the removal of office items, 48 hours for the transport of heavy items (of up to 6 metric tons and of standard road width), 5 working days for a crane operation, extra-heavy transport operation or complete removal, 5 working days for all transport operations relating to LHC installation. ST/HM Group, Logistics Section Tel: 72672 - 72202

Attention and Representational Momentum

OpenAIRE

Hayes, Amy; Freyd, Jennifer J

1995-01-01

Representational momentum, the tendency for memory to be distorted in the direction of an implied transformation, suggests that dynamics are an intrinsic part of perceptual representations. We examined the effect of attention on dynamic representation by testing for representational momentum under conditions of distraction. Forward memory shifts increase when attention is divided. Attention may be involved in halting but not in maintaining dynamic representations.

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

Science.gov (United States)

2010-10-01

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

75 FR 1110 - WTO Dispute Settlement Proceeding Regarding United States-Certain Measures Affecting Imports of...

Science.gov (United States)

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...

LGBT Representations on Facebook : Representations of the Self and the Content

OpenAIRE

Chu, Yawen

2017-01-01

The topic of LGBT rights has been increasingly discussed and debated over recent years. More and more scholars show their interests in the field of LGBT representations in media. However, not many studies involved LGBT representations in social media. This paper explores LGBT representations on Facebook by analysing posts on an open page and in a private group, including both representations of the self as the identity of sexual minorities, content that is displayed on Facebook and the simila...

Factors influencing decisions on delay claims in construction contracts for Indian scenario

Directory of Open Access Journals (Sweden)

Nitin Balkrishna Chaphalkar

2014-03-01

Full Text Available Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically.  The present study reveals from the study of arbitration awards that the causes for delay claims can be grouped in domains and the probable decisions to the disputes can be traced through the probing questions considered by decision makers. This paper attempts to identify questions related to disputes for Indian scenario through literature, arbitration awards, court cases and discussions with professionals.

Factors influencing decisions on delay claims in construction contracts for Indian scenario

Directory of Open Access Journals (Sweden)

Nitin Balkrishna Chaphalkar

2014-03-01

Full Text Available   Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically.  The present study reveals from the study of arbitration awards that the causes for delay claims can be grouped in domains and the probable decisions to the disputes can be traced through the probing questions considered by decision makers. This paper attempts to identify questions related to disputes for Indian scenario through literature, arbitration awards, court cases and discussions with professionals.

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

Science.gov (United States)

Long, T A

1988-01-01

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

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

Institute of Scientific and Technical Information of China (English)

杨彦增

2012-01-01

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

75 FR 8697 - Notice of Availability of Class Deviation; Disputes Resolution Procedures Related to Clean Water...

Science.gov (United States)

2010-02-25

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9115-1] Notice of Availability of Class Deviation; Disputes Resolution Procedures Related to Clean Water and Drinking Water State Revolving Fund (CWSRF and DWSRF...: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: This document provides notice of...

Cask system design guidance for robotic handling

International Nuclear Information System (INIS)

Griesmeyer, J.M.; Drotning, W.D.; Morimoto, A.K.; Bennett, P.C.

1990-10-01

Remote automated cask handling has the potential to reduce both the occupational exposure and the time required to process a nuclear waste transport cask at a handling facility. The ongoing Advanced Handling Technologies Project (AHTP) at Sandia National Laboratories is described. AHTP was initiated to explore the use of advanced robotic systems to perform cask handling operations at handling facilities for radioactive waste, and to provide guidance to cask designers regarding the impact of robotic handling on cask design. The proof-of-concept robotic systems developed in AHTP are intended to extrapolate from currently available commercial systems to the systems that will be available by the time that a repository would be open for operation. The project investigates those cask handling operations that would be performed at a nuclear waste repository facility during cask receiving and handling. The ongoing AHTP indicates that design guidance, rather than design specification, is appropriate, since the requirements for robotic handling do not place severe restrictions on cask design but rather focus on attention to detail and design for limited dexterity. The cask system design features that facilitate robotic handling operations are discussed, and results obtained from AHTP design and operation experience are summarized. The application of these design considerations is illustrated by discussion of the robot systems and their operation on cask feature mock-ups used in the AHTP project. 11 refs., 11 figs

Production management of window handles

Directory of Open Access Journals (Sweden)

Manuela Ingaldi

2014-12-01

Full Text Available In the chapter a company involved in the production of aluminum window and door handles was presented. The main customers of the company are primarily companies which produce PCV joinery and wholesalers supplying these companies. One chosen product from the research company - a single-arm pin-lift window handle - was described and its production process depicted technologically. The chapter also includes SWOT analysis conducted in the research company and the value stream of the single-arm pin-lift window handle.

7 CFR 58.443 - Whey handling.

Science.gov (United States)

2010-01-01

... 7 Agriculture 3 2010-01-01 2010-01-01 false Whey handling. 58.443 Section 58.443 Agriculture... Procedures § 58.443 Whey handling. (a) Adequate sanitary facilities shall be provided for the handling of whey. If outside, necessary precautions shall be taken to minimize flies, insects and development of...

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

Science.gov (United States)

2010-08-16

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

Lessons learned from Ontario wind energy disputes

Science.gov (United States)

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

2016-02-01

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

Development of commercial robots for radwaste handling

International Nuclear Information System (INIS)

Colborn, K.A.

1988-01-01

The cost and dose burden associated with low level radwaste handling activities is a matter of increasing concern to the commercial nuclear power industry. This concern is evidenced by the fact that many utilities have begun to revaluate waste generation, handling, and disposal activities at their plants in an effort to improve their overall radwaste handling operations. This paper reports on the project Robots for Radwaste Handling, to identify the potential of robots to improve radwaste handling operations. The project has focussed on the potential of remote or automated technology to improve well defined, recognizable radwaste operations. The project focussed on repetitive, low skill level radwaste handling and decontamination tasks which involve significant radiation exposure

Preoperational checkout of the remote-handled transuranic waste handling at the Waste Isolation Pilot Plant

International Nuclear Information System (INIS)

1987-09-01

This plan describes the preoperational checkout for handling Remote-Handled Transuranic (RH-TRU) Wastes from their receipt at the Waste Isolation Pilot Plant (WIPP) to their emplacement underground. This plan identifies the handling operations to be performed, personnel groups responsible for executing these operations, and required equipment items. In addition, this plan describes the quality assurance that will be exercised throughout the checkout, and finally, it establishes criteria by which to measure the success of the checkout. 7 refs., 5 figs

Preference Handling for Artificial Intelligence

OpenAIRE

Goldsmith, Judy; University of Kentucky; Junker, Ulrich; ILOG

2009-01-01

This article explains the benefits of preferences for AI systems and draws a picture of current AI research on preference handling. It thus provides an introduction to the topics covered by this special issue on preference handling.

Religious Serpent Handling and Community Relations.

Science.gov (United States)

Williamson, W Paul; Hood, Ralph W

2015-01-01

Christian serpent handling sects of Appalachia comprise a community that has long been mischaracterized and marginalized by the larger communities surrounding them. To explore this dynamic, this article traces the emergence of serpent handling in Appalachia and the emergence of anti-serpent-handling state laws, which eventually failed to curb the practice, as local communities gave serpent handling groups support. We present two studies to consider for improving community relations with serpent handling sects. In study 1, we present data relating the incidence of reported serpent-bite deaths with the rise of anti-serpent-handling laws and their eventual abatement, based on increasing acceptance of serpent handlers by the larger community. Study 2 presents interview data on serpent bites and death that provide explanations for these events from the cultural and religious perspective. We conclude that first-hand knowledge about serpent handlers, and other marginalized groups, helps to lessen suspicion and allows them to be seen as not much different, which are tendencies that are important for promoting inter-community harmony.

77 FR 20476 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

Science.gov (United States)

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...

Negotiating dispute settlement in the international petroleum industry: the international chamber of commerce

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)

Safe handling of tritium

International Nuclear Information System (INIS)

1991-01-01

The main objective of this publication is to provide practical guidance and recommendations on operational radiation protection aspects related to the safe handling of tritium in laboratories, industrial-scale nuclear facilities such as heavy-water reactors, tritium removal plants and fission fuel reprocessing plants, and facilities for manufacturing commercial tritium-containing devices and radiochemicals. The requirements of nuclear fusion reactors are not addressed specifically, since there is as yet no tritium handling experience with them. However, much of the material covered is expected to be relevant to them as well. Annex III briefly addresses problems in the comparatively small-scale use of tritium at universities, medical research centres and similar establishments. However, the main subject of this publication is the handling of larger quantities of tritium. Operational aspects include designing for tritium safety, safe handling practice, the selection of tritium-compatible materials and equipment, exposure assessment, monitoring, contamination control and the design and use of personal protective equipment. This publication does not address the technologies involved in tritium control and cleanup of effluents, tritium removal, or immobilization and disposal of tritium wastes, nor does it address the environmental behaviour of tritium. Refs, figs and tabs

How Retailers Handle Complaint Management

DEFF Research Database (Denmark)

Hansen, Torben; Wilke, Ricky; Zaichkowsky, Judy

2009-01-01

This article fills a gap in the literature by providing insight about the handling of complaint management (CM) across a large cross section of retailers in the grocery, furniture, electronic and auto sectors. Determinants of retailers’ CM handling are investigated and insight is gained as to the......This article fills a gap in the literature by providing insight about the handling of complaint management (CM) across a large cross section of retailers in the grocery, furniture, electronic and auto sectors. Determinants of retailers’ CM handling are investigated and insight is gained...... as to the links between CM and redress of consumers’ complaints. The results suggest that retailers who attach large negative consequences to consumer dissatisfaction are more likely than other retailers to develop a positive strategic view on customer complaining, but at the same time an increase in perceived...

Representation Elements of Spatial Thinking

Science.gov (United States)

Fiantika, F. R.

2017-04-01

This paper aims to add a reference in revealing spatial thinking. There several definitions of spatial thinking but it is not easy to defining it. We can start to discuss the concept, its basic a forming representation. Initially, the five sense catch the natural phenomenon and forward it to memory for processing. Abstraction plays a role in processing information into a concept. There are two types of representation, namely internal representation and external representation. The internal representation is also known as mental representation; this representation is in the human mind. The external representation may include images, auditory and kinesthetic which can be used to describe, explain and communicate the structure, operation, the function of the object as well as relationships. There are two main elements, representations properties and object relationships. These elements play a role in forming a representation.

7 CFR 926.9 - Handle.

Science.gov (United States)

2010-01-01

... the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE DATA COLLECTION, REPORTING AND RECORDKEEPING REQUIREMENTS APPLICABLE TO CRANBERRIES NOT SUBJECT TO THE CRANBERRY MARKETING ORDER § 926.9 Handle. Handle...

Decolonizing bodies and emotions: a dispute with the expropriatory reason

Directory of Open Access Journals (Sweden)

Rebeca Beatriz Cena

2015-02-01

Full Text Available The current issue of the Latin American Journal of Studies on Bodies, Emotions and Society (RELACES entitled “Decolonizing bodies and emotions: a dispute with the expropriatory reason” gathers a series of articles framed within those problematizations which, from different approaches (the ways of feeling beauty and body aesthetics; the pain of “victims” of human rights; the different ways to conceive health and “the medicinal”; the conceptions of precarity; the shapes adopted by individual and social fear, and breaks as ways of regulating emotions in present capitalism, analyze the assumptions of the western reason as the reason par excellence.       

Workplace conflict resolution in Wales: The unexpected prevalence of alternative dispute resolution

OpenAIRE

Hann, Deborah Jane; Nash, David Roger; Heery, Edmund

2016-01-01

Alternative dispute resolution (ADR) practices are increasingly being viewed as an improved way\\ud of resolving workplace conflict. Much of the empirical literature focuses on the spread of ADR\\ud amongst US organizations with little evidence of such approaches having crossed the Atlantic.\\ud This article presents new survey evidence that examines the extent to which ADR has been\\ud adopted as a strategy to resolve different forms of conflict by Welsh firms in the UK. The factors\\ud that impa...

75 FR 8177 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

Science.gov (United States)

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...

75 FR 32533 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

Science.gov (United States)

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...

Remote handling at LAMPF

International Nuclear Information System (INIS)

Grisham, D.L.; Lambert, J.E.

1983-01-01

Experimental area A at the Clinton P. Anderson Meson Physics Facility (LAMPF) encompasses a large area. Presently there are four experimental target cells along the main proton beam line that have become highly radioactive, thus dictating that all maintenance be performed remotely. The Monitor remote handling system was developed to perform in situ maintenance at any location within area A. Due to the complexity of experimental systems and confined space, conventional remote handling methods based upon hot cell and/or hot bay concepts are not workable. Contrary to conventional remote handling which require special tooling for each specifically planned operation, the Monitor concept is aimed at providing a totally flexible system capable of remotely performing general mechanical and electrical maintenance operations using standard tools. The Monitor system is described

Dual parametrization of generalized parton distributions in two equivalent representations

International Nuclear Information System (INIS)

Müller, D.; Polyakov, M.V.; Semenov-Tian-Shansky, K.M.

2015-01-01

The dual parametrization and the Mellin-Barnes integral approach represent two frameworks for handling the double partial wave expansion of generalized parton distributions (GPDs) in the conformal partial waves and in the t-channel SO(3) partial waves. Within the dual parametrization framework, GPDs are represented as integral convolutions of forward-like functions whose Mellin moments generate the conformal moments of GPDs. The Mellin-Barnes integral approach is based on the analytic continuation of the GPD conformal moments to the complex values of the conformal spin. GPDs are then represented as the Mellin-Barnes-type integrals in the complex conformal spin plane. In this paper we explicitly show the equivalence of these two independently developed GPD representations. Furthermore, we clarify the notions of the J=0 fixed pole and the D-form factor. We also provide some insight into GPD modeling and map the phenomenologically successful Kumerički-Müller GPD model to the dual parametrization framework by presenting the set of the corresponding forward-like functions. We also build up the reparametrization procedure allowing to recast the double distribution representation of GPDs in the Mellin-Barnes integral framework and present the explicit formula for mapping double distributions into the space of double partial wave amplitudes with complex conformal spin.

Autopsy interrogation of emergency medicine dispute cases: how often are clinical diagnoses incorrect?

Science.gov (United States)

Liu, Danyang; Gan, Rongchang; Zhang, Weidi; Wang, Wei; Saiyin, Hexige; Zeng, Wenjiao; Liu, Guoyuan

2018-01-01

Emergency medicine is a 'high risk' specialty. Some diseases develop suddenly and progress rapidly, and sudden unexpected deaths in the emergency department (ED) may cause medical disputes. We aimed to assess discrepancies between antemortem clinical diagnoses and postmortem autopsy findings concerning emergency medicine dispute cases and to figure out the most common major missed diagnoses. Clinical files and autopsy reports were retrospectively analysed and interpreted. Discrepancies between clinical diagnoses and autopsy diagnoses were evaluated using modified Goldman classification as major and minor discrepancy. The difference between diagnosis groups was compared with Pearson χ 2 test. Of the 117 cases included in this study, 71 of cases (58 class I and 13 class II diagnostic errors) were revealed as major discrepancies (60.7%). The most common major diagnoses were cardiovascular diseases (54 cases), followed by pulmonary diseases, infectious diseases and so on. The difference of major discrepancy between the diagnoses groups was significant (ppay special attention to in practice. This study reaffirmed the necessity and usefulness of autopsy in auditing death in EDs. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Segmentation of Hyperacute Cerebral Infarcts Based on Sparse Representation of Diffusion Weighted Imaging

Directory of Open Access Journals (Sweden)

Xiaodong Zhang

2016-01-01

Full Text Available Segmentation of infarcts at hyperacute stage is challenging as they exhibit substantial variability which may even be hard for experts to delineate manually. In this paper, a sparse representation based classification method is explored. For each patient, four volumetric data items including three volumes of diffusion weighted imaging and a computed asymmetry map are employed to extract patch features which are then fed to dictionary learning and classification based on sparse representation. Elastic net is adopted to replace the traditional L0-norm/L1-norm constraints on sparse representation to stabilize sparse code. To decrease computation cost and to reduce false positives, regions-of-interest are determined to confine candidate infarct voxels. The proposed method has been validated on 98 consecutive patients recruited within 6 hours from onset. It is shown that the proposed method could handle well infarcts with intensity variability and ill-defined edges to yield significantly higher Dice coefficient (0.755 ± 0.118 than the other two methods and their enhanced versions by confining their segmentations within the regions-of-interest (average Dice coefficient less than 0.610. The proposed method could provide a potential tool to quantify infarcts from diffusion weighted imaging at hyperacute stage with accuracy and speed to assist the decision making especially for thrombolytic therapy.

BRICS and OMC: Conflicts of interest and political factor

Directory of Open Access Journals (Sweden)

Dmitri Felix Nascimento

2015-10-01

Full Text Available The roles of the BRICS in the current international system extend the influence of this group of countries in the representations in the news disputes and guidelines in the World Trade Organization - WTO. The analysis aims to verify the political and economic consequences of the BRICS in the dispute with the developed countries surrounding the WTO negotiations.

Frame representations of quantum mechanics and the necessity of negativity in quasi-probability representations

International Nuclear Information System (INIS)

Ferrie, Christopher; Emerson, Joseph

2008-01-01

Several finite-dimensional quasi-probability representations of quantum states have been proposed to study various problems in quantum information theory and quantum foundations. These representations are often defined only on restricted dimensions and their physical significance in contexts such as drawing quantum-classical comparisons is limited by the non-uniqueness of the particular representation. Here we show how the mathematical theory of frames provides a unified formalism which accommodates all known quasi-probability representations of finite-dimensional quantum systems. Moreover, we show that any quasi-probability representation is equivalent to a frame representation and then prove that any such representation of quantum mechanics must exhibit either negativity or a deformed probability calculus. (fast track communication)

MRI of meniscal bucket-handle tears

Energy Technology Data Exchange (ETDEWEB)

Magee, T.H.; Hinson, G.W. [Menorah Medical Center, Overland Park, KS (United States). Dept. of Radiology

1998-09-01

A meniscal bucket-handle tear is a tear with an attached fragment displaced from the meniscus of the knee joint. Low sensitivity of MRI for detection of bucket-handle tears (64% as compared with arthroscopy) has been reported previously. We report increased sensitivity for detecting bucket-handle tears with the use of coronal short tau inversion recovery (STIR) images. Results. By using four criteria for diagnosis of meniscal bucket-handle tears, our overall sensitivity compared with arthroscopy was 93% (28 of 30 meniscal bucket-handle tears seen at arthroscopy were detected by MRI). The meniscal fragment was well visualized in all 28 cases on coronal STIR images. The double posterior cruciate ligament sign was seen in 8 of 30 cases, the flipped meniscus was seen in 10 of 30 cases and a fragment in the intercondylar notch was seen in 18 of 30 cases. (orig.)

Deadlock handling for real-time control of AGVs at automated container terminals

DEFF Research Database (Denmark)

Lehmann, M.; Grunow, M.; Günther, H.O.

2006-01-01

of individual cranes or AGVs. Particularly, AGVs are liable to deadlocks because they always need a secondary resource, either a quay crane or a stacking crane, to perform the pick-up and drop-off operations. Because usually no buffering of containers takes place at the interfaces between AGVs and cranes......, the consequences of deadlocks are rather severe. Two different methods for the detection of deadlocks are presented. One is based on a matrix representation of the terminal system. The other directly traces the requests for the individual resources. To resolve deadlock situations arising in an automated container...... terminal, three different procedures are proposed. These procedures aim to modify the sequence of handling operations or to assign them to alternative resources so that conflicts between concurrent processes are resolved. The suitability of the concept is demonstrated in an extensive simulation study....

Deadlock handling for real-time control of AGV's at automated container terminals

DEFF Research Database (Denmark)

Lehmann, M.; Grunow, Martin; Günther, H.O.

2007-01-01

of individual cranes or AGVs. Particularly, AGVs are liable to deadlocks because they always need a secondary resource, either a quay crane or a stacking crane, to perform the pick-up and drop-off operations. Because usually no buffering of containers takes place at the interfaces between AGVs and cranes......, the consequences of deadlocks are rather severe. Two different methods for the detection of deadlocks are presented. One is based on a matrix representation of the terminal system. The other directly traces the requests for the individual resources. To resolve deadlock situations arising in an automated container...... terminal, three different procedures are proposed. These procedures aim to modify the sequence of handling operations or to assign them to alternative resources so that conflicts between concurrent processes are resolved. The suitability of the concept is demonstrated in an extensive simulation study....

Poetic representation

DEFF Research Database (Denmark)

Wulf-Andersen, Trine Østergaard

2012-01-01

, and dialogue, of situated participants. The article includes a lengthy example of a poetic representation of one participant’s story, and the author comments on the potentials of ‘doing’ poetic representations as an example of writing in ways that challenges what sometimes goes unasked in participative social...

Foreign-Related Commercial Dispute Resolution in China: a focus on litigation and arbitration

OpenAIRE

Yuan, Bo

2017-01-01

markdownabstractThe significant increase of foreign investment and trade is an important impetus for China’s economic development after the 1978 reform. The prosperity of foreign investment and trade brings both opportunities and challenges: accompanied by the increasing investment and trade opportunities is the rise in the number of commercial disputes between foreign businessmen and their Chinese partners. Facing the challenges, China adopts a dual legal system in which the resolution of do...

Sophisticated fuel handling system evolved

International Nuclear Information System (INIS)

Ross, D.A.

1988-01-01

The control systems at Sellafield fuel handling plant are described. The requirements called for built-in diagnostic features as well as the ability to handle a large sequencing application. Speed was also important; responses better than 50ms were required. The control systems are used to automate operations within each of the three main process caves - two Magnox fuel decanners and an advanced gas-cooled reactor fuel dismantler. The fuel route within the fuel handling plant is illustrated and described. ASPIC (Automated Sequence Package for Industrial Control) which was developed as a controller for the plant processes is described. (U.K.)

Understanding representations in design

DEFF Research Database (Denmark)

Bødker, Susanne

1998-01-01

Representing computer applications and their use is an important aspect of design. In various ways, designers need to externalize design proposals and present them to other designers, users, or managers. This article deals with understanding design representations and the work they do in design....... The article is based on a series of theoretical concepts coming out of studies of scientific and other work practices and on practical experiences from design of computer applications. The article presents alternatives to the ideas that design representations are mappings of present or future work situations...... and computer applications. It suggests that representations are primarily containers of ideas and that representation is situated at the same time as representations are crossing boundaries between various design and use activities. As such, representations should be carriers of their own contexts regarding...

The natural angle between the hand and handle and the effect of handle orientation on wrist radial/ulnar deviation during maximal push exertions.

Science.gov (United States)

Young, Justin G; Lin, Jia-Hua; Chang, Chien-Chi; McGorry, Raymond W

2013-01-01

The purpose of this experiment was to quantify the natural angle between the hand and a handle, and to investigate three design factors: handle rotation, handle tilt and between-handle width on the natural angle as well as resultant wrist radial/ulnar deviation ('RUD') for pushing tasks. Photographs taken of the right upper limb of 31 participants (14 women and 17 men) performing maximal seated push exertions on different handles were analysed. Natural hand/handle angle and RUD were assessed. It was found that all of the three design factors significantly affected natural handle angle and wrist RUD, but participant gender did not. The natural angle between the hand and the cylindrical handle was 65 ± 7°. Wrist deviation was reduced for handles that were rotated 0° (horizontal) and at the narrow width (31 cm). Handles that were tilted forward 15° reduced radial deviation consistently (12-13°) across handle conditions. Manual materials handling (MMH) tasks involving pushing have been related to increased risk of musculoskeletal injury. This study shows that handle orientation influences hand and wrist posture during pushing, and suggests that the design of push handles on carts and other MMH aids can be improved by adjusting their orientation to fit the natural interface between the hand and handle.

9 CFR 3.118 - Handling.

Science.gov (United States)

2010-01-01

... 9 Animals and Animal Products 1 2010-01-01 2010-01-01 false Handling. 3.118 Section 3.118 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE ANIMAL WELFARE STANDARDS Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine...

Safety measuring for sodium handling

Energy Technology Data Exchange (ETDEWEB)

Jeong, Ji Young; Jeong, K C; Kim, T J; Kim, B H; Choi, J H

2001-09-01

This is the report for the safety measures of sodium handling. These contents are prerequisites for the development of sodium technology and thus the workers participate in sodium handling and experiments have to know them perfectly. As an appendix, the relating parts of the laws are presented.

Disputes over land and water rights in gold mining : The case of Cerro de San Pedro, Mexico

NARCIS (Netherlands)

Stoltenborg, D.; Boelens, R.

2016-01-01

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

A Perspective on Remote Handling Operations and Human Machine Interface for Remote Handling in Fusion

International Nuclear Information System (INIS)

Haist, B.; Hamilton, D.; Sanders, St.

2006-01-01

A large-scale fusion device presents many challenges to the remote handling operations team. This paper is based on unique operational experience at JET and gives a perspective on remote handling task development, logistics and resource management, as well as command, control and human-machine interface systems. Remote operations require an accurate perception of a dynamic environment, ideally providing the operators with the same unrestricted knowledge of the task scene as would be available if they were actually at the remote work location. Traditional camera based systems suffer from a limited number of viewpoints and also degrade quickly when exposed to high radiation. Virtual Reality and Augmented Reality software offer great assistance. The remote handling system required to maintain a tokamak requires a large number of different and complex pieces of equipment coordinating to perform a large array of tasks. The demands on the operator's skill in performing the tasks can escalate to a point where the efficiency and safety of operations are compromised. An operations guidance system designed to facilitate the planning, development, validation and execution of remote handling procedures is essential. Automatic planning of motion trajectories of remote handling equipment and the remote transfer of heavy loads will be routine and need to be reliable. This paper discusses the solutions developed at JET in these areas and also the trends in management and presentation of operational data as well as command, control and HMI technology development offering the potential to greatly assist remote handling in future fusion machines. (author)

Covariant representations of nuclear *-algebras

International Nuclear Information System (INIS)

Moore, S.M.

1978-01-01

Extensions of the Csup(*)-algebra theory for covariant representations to nuclear *-algebra are considered. Irreducible covariant representations are essentially unique, an invariant state produces a covariant representation with stable vacuum, and the usual relation between ergodic states and covariant representations holds. There exist construction and decomposition theorems and a possible relation between derivations and covariant representations

Catholicism - Friend or Enemy? Interdepartmental Dispute in Russian Government (1905-1914

Directory of Open Access Journals (Sweden)

Александр Юрьевич Бендин

2012-03-01

Full Text Available The questions connected to the development of political strategy of the state in the attitude to Catholic church are considered in the article. The special attention is given to the conflict which has arisen in this occasion between the Ministry of Internal Affairs and the Ministry for Foreign Affairs. This conflict became the result of various approaches to the decision of problems of Russian Catholicism. The Ministry of Internal Affairs was the supporter of a rigid line, the Ministry of Foreign Affairs preferred a policy of concessions and compromises with Vatican. Interdepartmental dispute was finished with the First world war.

Health care alliances and alternative dispute resolution: managing trust and conflict.

Science.gov (United States)

Rotarius, T; Liberman, A

2000-03-01

The U.S. health care industry has entered an unprecedented era of alliance activity. These alliances involve medical groups and hospitals, as well as many of the newer health care entities such as managed care organizations and integrated delivery systems. The increase in organizational collaboration has resulted in an increase in organizational conflict. Alternative dispute resolution (ADR) techniques can serve as a valuable tool for mitigating this type of conflict. The role of ADR is to refocus partners' attentions away from an adversarial posture and toward a complementary existence. This will permit the partners to realize the intended outcomes of the collaboration.

Multiple Kernel Sparse Representation based Orthogonal Discriminative Projection and Its Cost-Sensitive Extension.

Science.gov (United States)

Zhang, Guoqing; Sun, Huaijiang; Xia, Guiyu; Sun, Quansen

2016-07-07

Sparse representation based classification (SRC) has been developed and shown great potential for real-world application. Based on SRC, Yang et al. [10] devised a SRC steered discriminative projection (SRC-DP) method. However, as a linear algorithm, SRC-DP cannot handle the data with highly nonlinear distribution. Kernel sparse representation-based classifier (KSRC) is a non-linear extension of SRC and can remedy the drawback of SRC. KSRC requires the use of a predetermined kernel function and selection of the kernel function and its parameters is difficult. Recently, multiple kernel learning for SRC (MKL-SRC) [22] has been proposed to learn a kernel from a set of base kernels. However, MKL-SRC only considers the within-class reconstruction residual while ignoring the between-class relationship, when learning the kernel weights. In this paper, we propose a novel multiple kernel sparse representation-based classifier (MKSRC), and then we use it as a criterion to design a multiple kernel sparse representation based orthogonal discriminative projection method (MK-SR-ODP). The proposed algorithm aims at learning a projection matrix and a corresponding kernel from the given base kernels such that in the low dimension subspace the between-class reconstruction residual is maximized and the within-class reconstruction residual is minimized. Furthermore, to achieve a minimum overall loss by performing recognition in the learned low-dimensional subspace, we introduce cost information into the dimensionality reduction method. The solutions for the proposed method can be efficiently found based on trace ratio optimization method [33]. Extensive experimental results demonstrate the superiority of the proposed algorithm when compared with the state-of-the-art methods.

Asthma, guides for diagnostic and handling

International Nuclear Information System (INIS)

Salgado, Carlos E; Caballero A, Andres S; Garcia G, Elizabeth

1999-01-01

The paper defines the asthma, includes topics as diagnostic, handling of the asthma, special situations as asthma and pregnancy, handling of the asthmatic patient's perioperatory and occupational asthma

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

Science.gov (United States)

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

2016-04-01

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

Remote-handled transuranic system assessment appendices. Volume 2

Energy Technology Data Exchange (ETDEWEB)

NONE

1995-11-01

Volume 2 of this report contains six appendices to the report: Inventory and generation of remote-handled transuranic waste; Remote-handled transuranic waste site storage; Characterization of remote-handled transuranic waste; RH-TRU waste treatment alternatives system analysis; Packaging and transportation study; and Remote-handled transuranic waste disposal alternatives.

Remote-handled transuranic system assessment appendices. Volume 2

International Nuclear Information System (INIS)

1995-11-01

Volume 2 of this report contains six appendices to the report: Inventory and generation of remote-handled transuranic waste; Remote-handled transuranic waste site storage; Characterization of remote-handled transuranic waste; RH-TRU waste treatment alternatives system analysis; Packaging and transportation study; and Remote-handled transuranic waste disposal alternatives

Standard model of knowledge representation

Science.gov (United States)

Yin, Wensheng

2016-09-01

Knowledge representation is the core of artificial intelligence research. Knowledge representation methods include predicate logic, semantic network, computer programming language, database, mathematical model, graphics language, natural language, etc. To establish the intrinsic link between various knowledge representation methods, a unified knowledge representation model is necessary. According to ontology, system theory, and control theory, a standard model of knowledge representation that reflects the change of the objective world is proposed. The model is composed of input, processing, and output. This knowledge representation method is not a contradiction to the traditional knowledge representation method. It can express knowledge in terms of multivariate and multidimensional. It can also express process knowledge, and at the same time, it has a strong ability to solve problems. In addition, the standard model of knowledge representation provides a way to solve problems of non-precision and inconsistent knowledge.

Reframing Resolution - Managing Conflict and Resolving Individual Employment Disputes in the Contemporary Workplace

OpenAIRE

Saundry, Richard Arthur; Latreille, Paul; Dickens, Linda; Irvine, Charlie; Teague, Paul; Urwin, Peter; Wibberley, Gemma

2014-01-01

The resolution of individual workplace conflict has assumed an increasingly important place in policy debates over contemporary work and employment. This is in part due to the decline in collective industrial action and the parallel rise in the volume of employment tribunal applications. It reflects a growing concern over the\\ud implications of individual employment disputes for those involved but has perhaps been driven by concerns over the cost of litigation and the perceived burden that th...

DDOS ATTACK DETECTION SIMULATION AND HANDLING MECHANISM

Directory of Open Access Journals (Sweden)

Ahmad Sanmorino

2013-11-01

Full Text Available In this study we discuss how to handle DDoS attack that coming from the attacker by using detection method and handling mechanism. Detection perform by comparing number of packets and number of flow. Whereas handling mechanism perform by limiting or drop the packets that detected as a DDoS attack. The study begins with simulation on real network, which aims to get the real traffic data. Then, dump traffic data obtained from the simulation used for detection method on our prototype system called DASHM (DDoS Attack Simulation and Handling Mechanism. From the result of experiment that has been conducted, the proposed method successfully detect DDoS attack and handle the incoming packet sent by attacker.

Converting boundary representation solid models to half-space representation models for Monte Carlo analysis

International Nuclear Information System (INIS)

Davis, J. E.; Eddy, M. J.; Sutton, T. M.; Altomari, T. J.

2007-01-01

Solid modeling computer software systems provide for the design of three-dimensional solid models used in the design and analysis of physical components. The current state-of-the-art in solid modeling representation uses a boundary representation format in which geometry and topology are used to form three-dimensional boundaries of the solid. The geometry representation used in these systems is cubic B-spline curves and surfaces - a network of cubic B-spline functions in three-dimensional Cartesian coordinate space. Many Monte Carlo codes, however, use a geometry representation in which geometry units are specified by intersections and unions of half-spaces. This paper describes an algorithm for converting from a boundary representation to a half-space representation. (authors)

The Past Is Present: Representations of Parents, Friends, and Romantic Partners Predict Subsequent Romantic Representations.

Science.gov (United States)

Furman, Wyndol; Collibee, Charlene

2018-01-01

This study examined how representations of parent-child relationships, friendships, and past romantic relationships are related to subsequent romantic representations. Two-hundred 10th graders (100 female; M age  = 15.87 years) from diverse neighborhoods in a Western U.S. city were administered questionnaires and were interviewed to assess avoidant and anxious representations of their relationships with parents, friends, and romantic partners. Participants then completed similar questionnaires and interviews about their romantic representations six more times over the next 7.5 years. Growth curve analyses revealed that representations of relationships with parents, friends, and romantic partners each uniquely predicted subsequent romantic representations across development. Consistent with attachment and behavioral systems theory, representations of romantic relationships are revised by representations and experiences in other relationships. © 2016 The Authors. Child Development © 2016 Society for Research in Child Development, Inc.

75 FR 20670 - WTO Dispute Settlement Proceeding Regarding United States-Use of Zeroing in Anti-Dumping Measures...

Science.gov (United States)

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...

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

Science.gov (United States)

2012-04-18

... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online... charged with the development of legal instruments for resolving both business to business and business to...

Plurality of religion, plurality of justice : exploring the role of religion in disputing processes in Gorongosa, Central Mozambique

NARCIS (Netherlands)

Jacobs, C.

2010-01-01

Religion is alive, especially - and increasingly - in the global South. What impact does religion have in everyday life as provider of normative orientations? This research investigates the role of religion in disputing processes in Gorongosa, Mozambique, where both traditional religion and