WorldWideScience

Sample records for resolving environmental disputes

  1. 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.

  2. Mediating environmental disputes

    Energy Technology Data Exchange (ETDEWEB)

    Lake, L.M.

    1977-09-01

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

  3. 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.

  4. 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…

  5. 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.

  6. Negotiation techniques to resolve western water disputes

    Science.gov (United States)

    Lamb, Berton L.; Taylor, Jonathan G.

    1990-01-01

    There is a growing literature on the resolution of natural resources conflicts. Much of it is practical, focusing on guidelines for hands-on negotiation. This literature can be a guide in water conflicts. This is especially true for negotiations over new environmental values such as instream flow. The concepts of competitive, cooperative, and integrative styles of conflict resolution are applied to three cases of water resource bargaining. Lessons for the effective use of these ideas include: break a large number of parties into small working groups, approach value differences in small steps, be cautious in the presence of an attentive public, keeps decisions at the local level, and understand the opponent's interests.

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

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

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

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. 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.

  13. 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.

  14. 20 CFR 670.991 - How does Job Corps ensure that complaints or disputes are resolved in a timely fashion?

    Science.gov (United States)

    2010-04-01

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

  15. 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.

  16. The Restorative Role of Apology in Resolving Medical Disputes: Lessons From Chinese Legal Culture.

    Science.gov (United States)

    Lin, Nuannuan

    2015-12-01

    This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation. The article further places the three-dimensional apology in the context of the Chinese concept of "the relations of humanity," arguing that an apology accompanying admission of fault and responsibility may help to restore the harmony of relations and, by so doing, resolve medical disputes positively.

  17. Research for South Korea international Arbitration Court for resolving, in case commercial dispute between Russian and Korean companies

    OpenAIRE

    Kang, Taewook

    2012-01-01

    In the article – the introduction of South Korea Commercial Arbitration System (for ADR) and International Arbitration Court. When a dispute ari­ses between Russian and Korean companies, for resolving, can be selected the International Arbitration Court of Russia, Korea, or other countries. Therefore, here enumerated about the International Arbitration Court of the Republic of Korea.

  18. New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

    Directory of Open Access Journals (Sweden)

    Dimitrijević Marko

    2016-01-01

    Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

  19. Use of mediation to resolve the dispute over low-head hydroelectric development at Swan Lake

    Energy Technology Data Exchange (ETDEWEB)

    O' Connor, D.

    1980-08-01

    In 1978, the Maine Hydroelectric Development Corporation announced that the company planned to renovate five dams on the Goose River near Belfast, Maine to generate electricity. The most important part of the plan involved the use of the first of the dams, at the lower end of Swan Lake, to regulate the flow of water to the downstream dams. For Maine Hydro, management of the Swan Lake dam could make an otherwise marginal proposal lucrative. However, Swan Lake is vitally important to the residents of Swanville. The town was so concerned about the impact of this proposed hydroelectric project that it petitioned the Federal Energy Regulatory Commission (FERC) to deny Maine Hydro's application on the grounds that it would damage the environment, reduce property values and eliminate recreational opportunities for its citizens. This report was written by the mediator of the dispute and represents the views and behavior of the parties as the mediator understood them. It is intended to present the mediator's observations in a way which will inform and assist others who may someday face a difficult situation like the one the Town of Swanville and Maine Hydroelectric Development Corporation faced, and successfully resolved, in the spring and summer of 1979.

  20. Resolving Family Disputes in the Gurbet: the Role of Kurdish Peace Committee and Roj Women

    Directory of Open Access Journals (Sweden)

    Latif Tas

    2013-12-01

    Full Text Available In order to understand the different customs of the newcomers and how these work within the UK, this article discusses and evaluates the ‘informal’ Kurdish Peace Committee (KPC - a general court and the Kurdish Women’s Committee (Roj Women – for sensitive cases involving women, as developed and practiced by members of the Kurdish diaspora (gurbet living in the UK. Kinship, transnational marriages, frequent visits ‘back home’, and cheap telecommunications have helped Kurds to maintain strong links with Kurdish communities still living in Turkey and elsewhere in the gurbet. As a consequence of these ties, even simple disputes can affect extended family members living in the Kurdish region, the cities of Turkey, and in Europe. The Kurdish Peace Committee is involved in the settlement of such cases since, as they see it, such conflicts cannot be resolved by either British or Turkish state courts alone. Through the use of case studies, which illustrate a set of complex and interesting life stories, this article will explain how the Kurdish Peace Committee in London operates in an increasingly internal and transnational environment. Para entender las diferentes costumbres de los recién llegados y cómo éstos trabajan en el Reino Unido, este artículo describe y evalúa los "informales" Comité de Paz Kurdo (KPC - un tribunal general y el Comité de Mujeres Kurdas (Roj Women - para casos delicados relacionados con mujeres, puestos en marcha por los miembros de la diáspora kurda (gurbet que viven en el Reino Unido. El parentesco, los matrimonios transnacionales, las frecuentes visitas "vuelta al hogar" y las baratas telecomunicaciones han ayudado a los kurdos a mantener fuertes vínculos con las comunidades kurdas que aún viven en Turquía y en otros lugares del gurbet. Como consecuencia de estas relaciones, incluso las controversias simples pueden afectar a miembros de la familia que viven en la región kurda, en las ciudades de Turqu

  1. 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...

  2. STRENGTHENING THE ROLE OF GOVERNMENT IN RESOLVING FRAUD AND DISPUTES OF THE FLAT MANAGEMENT

    Directory of Open Access Journals (Sweden)

    Situmorang P.

    2018-03-01

    Full Text Available The public concern with the housing issues and conditions including flat management becomes current phenomenon in developing countries such as Indonesia. However, less attention has been paid by researchers to discuss the role of government in the flat management. The fact is that fraud and disputes often occur as a result of the management of flats such as management fees and monthly billing invoice becoming the main issue at the court. Through case law approach method with four different cases, this paper therefore captures several issues related to the management of flats. For instance, this paper discusses a case where flat management companies tend to increase maintenance fees without having a consent or agreement, both from owners and tenants. Disputes are also related to transparency of collected management fees by flat management companies, causing dissatisfaction from the owners and tenants. Hence, this paper suggests that there is the need of government’s role in the flat management issues. This suggestion is relevant to the idea of exercising government’s power through monitoring flat management companies in order to comply with flat legislation. This paper argues that the use of government’s authority could be practised through monitoring system and setting up administrative procedure on the management of flats.

  3. 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...

  4. Resolving Environmental Effects of Wind Energy

    Energy Technology Data Exchange (ETDEWEB)

    Sinclair, Karin C [National Renewable Energy Laboratory (NREL), Golden, CO (United States); DeGeorge, Elise M [National Renewable Energy Laboratory (NREL), Golden, CO (United States); Copping, Andrea E. [Pacific Northwest National Laboratory; May, Roel [Norwegian Institute for Nature Research; Bennet, Finlay [Marine Scotland Science; Warnas, Marijke [Rijkswaterstaat; Perron, Muriel [nateco AG; Elmqvist, Asa [Swedish Environmental Protection Agency

    2018-04-25

    Concerns for potential wildlife impacts resulting from land-based and offshore wind energy have created challenges for wind project development. Research is not always adequately supported, results are neither always readily accessible nor are they satisfactorily disseminated, and so decisions are often made based on the best available information, which may be missing key findings. The potential for high impacts to avian and bat species and marine mammals have been used by wind project opponents to stop, downsize, or severely delay project development. The global nature of the wind industry - combined with the understanding that many affected species cross-national boundaries, and in many cases migrate between continents - also points to the need to collaborate on an international level. The International Energy Agency (IEA) Wind Technology Collaborative Programs facilitates coordination on key research issues. IEA Wind Task 34 - WREN: Working Together to Resolve Environmental Effects of Wind Energy-is a collaborative forum to share lessons gained from field research and modeling, including management methods, wildlife monitoring methods, best practices, study results, and successful approaches to mitigating impacts and addressing the cumulative effects of wind energy on wildlife.

  5. Rooted in the Soil: How Understanding the Perspectives of Landowners Can Enhance the Management of Environmental Disputes.

    Science.gov (United States)

    Peterson, Tarla Rai; Horton, Cristi Choat

    1995-01-01

    Uses mythic criticism to examine missed opportunities for identifying with landowners in ways that would enhance the constructive management of environmental disputes. Offers an alternative mythic understanding of the American West drawn from discourse with Texas ranchers. Argues for the inclusion of communities that are directly influenced, yet…

  6. Long-term ecology resolves the timing, region of origin and process of establishment for a disputed alien tree.

    Science.gov (United States)

    Wilmshurst, Janet M; McGlone, Matt S; Turney, Chris S M

    2015-08-26

    Alien plants are a pervasive environmental problem, particularly on islands where they can rapidly transform unique indigenous ecosystems. However, often it is difficult to confidently determine whether a species is native or alien, especially if establishment occurred before historical records. This can present a management challenge: for example, should such taxa be eradicated or left alone until their region of origin and status are clarified? Here we show how combining palaeoecological and historical records can help resolve such dilemmas, using the tree daisy Olearia lyallii on the remote New Zealand subantarctic Auckland Islands as a case study. The status of this tree as native or introduced has remained uncertain for the 175 years since it was first discovered on the Auckland Islands, and its appropriate management is debated. Elsewhere, O. lyallii has a highly restricted distribution on small sea bird-rich islands within a 2° latitudinal band south of mainland New Zealand. Analysis of palaeoecological and historical records from the Auckland Islands suggest that O. lyallii established there c. 1807 when these islands were first exploited by European sealers. Establishment was facilitated by anthropogenic burning and clearing and its subsequent spread has been slow, limited in distribution and probably human-assisted. Olearia lyallii has succeeded mostly in highly disturbed sites which are also nutrient enriched from nesting sea birds, seals and sea spray. This marine subsidy has fuelled the rapid growth of O. lyallii and allowed this tree to be competitive against the maritime communities it has replaced. Although endemic to the New Zealand region, our evidence suggests that O. lyallii is alien to the Auckland Islands. Although such 'native' aliens can pose unique management challenges on islands, in this instance we suggest that ongoing monitoring with no control is an appropriate management action, as O. lyallii appears to pose minimal risk to

  7. Overview of alternative dispute resolution in healthcare disputes.

    Science.gov (United States)

    Saravia, A

    1999-01-01

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

  8. 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 ...

  9. Disputed Memory

    DEFF Research Database (Denmark)

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

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

    Science.gov (United States)

    Burkardt, Nina; Ruell, Emily W.

    2012-01-01

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

  11. 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.

  12. Environmental consequences associated with a large-scale blowout of oil in the former disputed area between Norway and Russia in the Barents Sea (a case study)

    OpenAIRE

    Rasmussen, Sigve Evenssønn

    2011-01-01

    Master's thesis in Environmental technology The former disputed area between Norway and Russia in the Barents Sea is of increasing interest when it comes to oil and gas exploration and production. The area is likely to open for exploration in the near future as the maritime delimitation and cooperation agreement between Norway and Russia concerning the Barents Sea were ratified by the Russian State Duma and signed by Russian President Dmitri Medvedev during the spring of 2011. The impact o...

  13. 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...

  14. 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...

  15. SUMBER KONFLIK DAN POTENSI PENERAPAN ALTERNATIF PENYELESAIAN KONFLIK (APK DALAM SENGKETA LINGKUNGAN HIDUP(Conflict Sources and the Potential of Alternative Dispute Resolution (ADR Application on Environmental Conflict: The Case of Sasorladang Community

    Directory of Open Access Journals (Sweden)

    Tua Hasiholan Hutabarat

    2015-01-01

    Full Text Available ABSTRAK Penelitian ini mengkaji konflik lingkungan yang terjadi antara masyarakat Porsea dengan PT. Inti Indorayon Utama (IIU. Konflik ini terjadi berkepanjangan karena tidak bertemunya faktor-faktor rasional dan irasional. Penelitian ini bertujuan mengkaji bagaimana faktor-faktor yang irasional bekerja dalam penyelesaian konflik melalui Altemative Dispute Resolution (ADR. Penelitian ini menggunakan metodologi deskriptif melalui survai baik dengan kuesioner maupun interview. Penelitian ini menemukan bahwa dari 4 faktor rasional yang dipertimbangkan dalam penyelesaian konflik hanya faktor penerimaan bantuan yang berkorelasi dengan pengembangan sikap masyarakat. Adapun faktor-faktor irasional memiliki relasi, dan faktor etnosentrik manjadi faktor yang paling berpengaruh.   ABSTRACT This research was carried out based on an environmental conflict phenomenon between Porsea people, especially Sosorladang, and PT Inti Indorayan Utama or Toba Pulp Lestari (PT IIU/TPL. Occurred four years, the conflict is difficult to resolve due to some irrational factors aside from rational ones that should have made the conflict resolution realistic. The research aims to identify how the nonrealistic conflict influences an unfeasibility of solution through an approach of Alternative Dispute Resolution (ADR. The method used was a combination of survey and descriptive approaches. The main means of data collection questionnaire supported by in-depth interview and direct field observation, including the company environment. Data derived from questionnaire and interview were analyzed by examining their correlation. The result of the correlation test show that among four rational factors considered, only aid acceptance factor that has relation in building up the societal attitude. The irrational factors prove a real relationship, and the ethnocentric factor become the most influential factor. It is proven that the conflict between the inhabitant and company is due to a

  16. Territorial disputes in international arbitration practice

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

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

  17. RESOLVE (Regolith & Environmental Science Oxygen & Lunar Volatile Extraction) Project

    Science.gov (United States)

    Parker, Ray; Coan, Mary; Captain, Janine; Cryderman, Kate; Quinn, Jacqueline

    2015-01-01

    The RESOLVE Project is a lunar prospecting mission whose primary goal is to characterize water and other volatiles in lunar regolith. The Lunar Advanced Volatiles Analysis (LAVA) subsystem is comprised of a fluid subsystem that transports flow to the gas chromatograph - mass spectrometer (GC-MS) instruments that characterize volatiles and the Water Droplet Demonstration (WDD) that will capture and display water condensation in the gas stream. The LAVA Engineering Test Unit (ETU) is undergoing risk reduction testing this summer and fall within a vacuum chamber to understand and characterize component and integrated system performance. Testing of line heaters, printed circuit heaters, pressure transducers, temperature sensors, regulators, and valves in atmospheric and vacuum environments was done. Test procedures were developed to guide experimental tests and test reports to analyze and draw conclusions from the data. In addition, knowledge and experience was gained with preparing a vacuum chamber with fluid and electrical connections. Further testing will include integrated testing of the fluid subsystem with the gas supply system, near-infrared spectrometer for the Surge Tank (NIRST), WDD, Sample Delivery System, and GC-MS in the vacuum chamber. Since LAVA is a scientific subsystem, the near infrared spectrometer and GC-MS instruments will be tested during the ETU testing phase.

  18. SETTLEMENT OF BANKING DISPUTE IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Denico Doly

    2014-03-01

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

  19. Resolving environmental issues in energy development: roles for the Department of Energy and its field offices

    Energy Technology Data Exchange (ETDEWEB)

    Ellickson, P.L.; Merrow, E.W.

    1979-01-01

    This study asks what the Department of Energy (DOE) might do to resolve environmental conflicts that arise during the implementation of energy projects or programs. We define implementation as efforts to establish an energy facility at a specific site. The environmental concerns surrounding implementation serve as touchstones of the relevance and feasibility of national energy policies. We have analyzed geothermal development in California and oil shale development in Colorado and Utah and addressed the following questions: By what processes are energy and environmental tradeoffs made. In what circumstances can DOE participation in these processes lead to a more satisfactory outcome. What options does DOE have for resolving environmetal issues and how can it choose the best option. How can DOE establish an effective working relationship with both the governmental and private groups affected by the siting and operation of energy projects. The government's most effective role in resolving environmental conflicts and uncertainties is to improve communications among the concerned parties. This role requires flexibility and evenhandedness from the government as well as an understanding of the local conditions and a commitment to appropriate local solutions. Involving local sources at every stage of the environmental impact analysis will reduce the probability of conflicts and make those that do arise more easily resolvable.

  20. 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...

  1. 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...

  2. 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...

  3. 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.

  4. 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...

  5. 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…

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    Evgenia E. Frolova

    2017-01-01

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

  8. 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.

  9. A spatially and temporally resolved model of the electricity grid – Economic vs environmental dispatch

    International Nuclear Information System (INIS)

    Razeghi, Ghazal; Brouwer, Jack; Samuelsen, Scott

    2016-01-01

    Highlights: • A spatially and temporally resolved dispatch model is developed. • MCP and average price of electricity are determined for 2050 base case. • Economic and environmental dispatch strategies are assessed. • Environmental dispatch results in significant NO_x reduction and higher prices. • A combination of economic and environmental strategies is the preferred method. - Abstract: Substantial changes need to occur in the electricity generation sector in order to address greenhouse gas and urban air quality goals. These goals, combined with increasing energy prices, have led to elevated interest in alternative, low to zero carbon and pollutant emission technologies in this sector. The challenge is to assess the impacts of various technologies, policies, and market practices in order to develop a roadmap to meet energy and environmental goals. To this end, a spatially and temporally resolved resource dispatch model is developed that simulates an electricity market while taking into account physical constraints associated with various components of an electricity grid. Multiple technology simulation modules are developed to provide inputs to the model. The model is used to design a market-based grid, and to develop and evaluate different dispatch strategies. To maintain the system cost at acceptable levels and reduce emissions, the results reveal that the best approach is a combination of economic and environmental dispatch strategies. The methodology and the tools developed provide a means to examine various aspects of future scenarios and their impacts on different sectors, and can be used for both decision making and planning.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

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

    Directory of Open Access Journals (Sweden)

    E. E. Frolova

    2018-01-01

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

  15. 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

  16. 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...

  17. 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

  18. Resolving legal issues in the transfer of technologies in environmental restoration and waste management

    International Nuclear Information System (INIS)

    Katz, J.; Richards, F. III; Underwood, J.P.

    1994-01-01

    In reforming its contracting and procurement processes, the Department of Energy (DOE) should also make reforms to facilitate the transfer and commercialization of environmental restoration and waste management technologies between DOE laboratories and the private sector. These reforms would address the three related legal issues of patents, conflict of interest, and liability. This paper discusses each issue and considers possible solutions to them. These solutions include contractual clauses to specifically address the needs of all involved parties, improved definition of development and implementation rights, and increased protections for contractors. If DOE, or the Federal Government more generally, successfully resolves these issues and makes the appropriate changes to the DOE procurement system, transfer and commercialization will more efficiently, effectively, and easily occur

  19. 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

  20. A geographically resolved method to estimate levelized power plant costs with environmental externalities

    International Nuclear Information System (INIS)

    Rhodes, Joshua D.; King, Carey; Gulen, Gürcan; Olmstead, Sheila M.; Dyer, James S.; Hebner, Robert E.; Beach, Fred C.; Edgar, Thomas F.; Webber, Michael E.

    2017-01-01

    In this analysis we developed and applied a geographically-resolved method to calculate the Levelized Cost of Electricity (LCOE) of new power plants on a county-by-county basis while including estimates of some environmental externalities. We calculated the LCOE for each county of the contiguous United States for 12 power plant technologies. The minimum LCOE option for each county varies based on local conditions, capital and fuel costs, environmental externalities, and resource availability. We considered ten scenarios that vary input assumptions. We present the results in a map format to facilitate comparisons by fuel, technology, and location. For our reference analysis, which includes a cost of $62/tCO_2 for CO_2 emissions natural gas combined cycle, wind, and nuclear are most often the lowest-LCOE option. While the average cost increases when internalizing the environmental externalities (carbon and air pollutants) is small for some technologies, the local cost differences are as high as $0.62/kWh for coal (under our reference analysis). These results display format, and online tools could serve as an educational tool for stakeholders when considering which technologies might or might not be a good fit for a given locality subject to system integration considerations. - Highlights: • We propose a method to add externalities to LCOE. • We present the least cost technology for every county in the US. • The cheapest technology depends on many characteristics of that locale. • We present online tools for users to change our assumptions. • Our tools are useful in discussing the impact of policy on the cost of electricity.

  1. 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.

  2. 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.

  3. 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.

  4. Highly efficient detection of paclobutrazol in environmental water and soil samples by time-resolved fluoroimmunoassay

    Energy Technology Data Exchange (ETDEWEB)

    Liu, Zhenjiang, E-mail: lzj1984@ujs.edu.cn [School of the Environment and Safety Engineering, Jiangsu University, Zhenjiang 212013 (China); Wei, Xi [School of the Environment and Safety Engineering, Jiangsu University, Zhenjiang 212013 (China); The Affiliated First People' s Hospital of Jiangsu University, Zhenjiang 212002 (China); Ren, Kewei; Zhu, Gangbing; Zhang, Zhen; Wang, Jiagao; Du, Daolin [School of the Environment and Safety Engineering, Jiangsu University, Zhenjiang 212013 (China)

    2016-11-01

    A fast and ultrasensitive indirect competitive time-resolved fluoroimmunoassay (TRFIA) was developed for the analysis of paclobutrazol in environmental water and soil samples. Paclobutrazol hapten was synthesized and conjugated to bovine serum albumin (BSA) for producing polyclonal antibodies. Under optimal conditions, the 50% inhibitory concentration (IC{sub 50} value) and limit of detection (LOD, IC{sub 20} value) were 1.09 μg L{sup −} {sup 1} and 0.067 μg L{sup −} {sup 1}, respectively. The LOD of TRFIA was improved 30-fold compared to the already reported ELISA. There was almost no cross-reactivity of the antibody with the other structural analogues of triazole compounds, indicating that the antibody had high specificity. The average recoveries from spiked samples were in the range from 80.2% to 104.7% with a relative standard deviation of 1.0–9.5%. The TRFIA results for the real samples were in good agreement with that obtained by high-performance liquid chromatography analyses. The results indicate that the established TRFIA has potential application for screening paclobutrazol in environmental samples. - Highlights: • The approach to design and synthesize the PBZ hapten was more straightforward. • A rapid and ultrasensitive TRFIA was developed and applied to the screening of PBZ. • The TRFIA for real soil samples showed reliability and high correlation with HPLC. • The PBZ TRFIA showed high sensitivity, simple operation, a wide range of quantitative analyses and no radioactive hazards.

  5. 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...

  6. 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...

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

    Science.gov (United States)

    Joseph, D M

    1995-11-01

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

  8. Relevance of the law of international organisations in resolving ...

    African Journals Online (AJOL)

    structures to resolve disputes between states. Uncertainty remains, however, on the availability of effective structures within the system to resolve disputes between international organisations. It is important to note that international organisations were, prior to 1945, not considered subjects of international law so as to be ...

  9. 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.

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

    African Journals Online (AJOL)

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

  11. 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...

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

    Directory of Open Access Journals (Sweden)

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

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

  13. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

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

  14. 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. 

  15. 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)

  16. 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…

  17. Case of administrative dispute

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2015-11-01

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

  18. 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...

  19. 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...

  20. 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...

  1. Can risk communication provide assistance in nuclear energy disputes?

    International Nuclear Information System (INIS)

    Meadd, Ellen

    2001-01-01

    The continued use of nuclear technology in Canada appears to he limited by a lack of public acceptance of fuel waste disposal strategies. The outcome of the recent environmental assessment process conducted on the deep geological disposal concept bears-out this point. A brief review of transcripts from the he public hearing portion of this process indicates that public sentiment on the issue includes anti-nuclear attitudes and concern over equity, safety, and trust. This paper discusses Canadian sentiment on the issue and suggests that it is in line with public views on similar issues in other nations. The field of risk communication has played a significant role in understanding the root causes of public opposition. This paper suggests that the field is well-placed to play an expanded role in resolving the issues underlying public concerns, (e.g., lack of trust, public disenfranchisement with the decision making process); however, this is a supportive role. It is suggested that broad-based involvement, commitment, and collaboration among all stake holders in this dispute are necessary if improvement is to be achieved. (author)

  2. Trophic–salinity gradients and environmental redundancy resolve mesozooplankton dynamics in a large tropical coastal lagoon

    Digital Repository Service at National Institute of Oceanography (India)

    Rakesh, M.; Madhavirani, K.S.V.K.S.; Kumar, B.C.; Raman, A.V.; Kalavati, C.; Rao, Y.P.; Stephen, R.; Rao, V.R.; Gupta, G.V.M.; Subramanian, B.R.

    –light gradients majorly influence MSP structure in one of Asia’s largest brackish water lagoons in India. Multivariate analysis of environmental variables (May 2004–September 2006; View the MathML source) and MSP examined (May 2004 to October 2005; View the Math...

  3. 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.

  4. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

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

  5. Is the Kyoto Protocol an adequate environmental agreement to resolve the climate change problem?

    International Nuclear Information System (INIS)

    Arcas, R.L.

    2001-01-01

    The lack of understanding on how to handle the issue of global warming, which is embodied by the Kyoto Protocol, among the various nations of the world reached a point where environmental policy-makers saw a number of possible scenarios to global warming before the last meeting on Climate Change in July 2001 in Bonn: Amendments to the Kyoto Protocol, by changing the current targets and timetable into a long-term view of the global warming issue. The U.S. does not agree with the Kyoto Protocol Therefore, it will not do anything about it in terms of its ratification. A middle ground between the two previous options. The idea is the creation of a new mechanism where nations meet in international environmental for a voluntarily exchange of views with no legal commitments. In order to move forward, we should stop thinking of the global warming issue only in a cost-benefit analysis and instead take more into account public health and safety requirements. Since the U.S. and EU representatives may well find themselves deadlocked again when they meet at the end of October 2001 in Morocco for the next climate change convention, the author would like to make some recommendations at the end of this article. (author)

  6. 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

  7. 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.

  8. 48 CFR 5452.233-9001 - Disputes: Agreement To Use Alternative Dispute Resolution (ADR).

    Science.gov (United States)

    2010-10-01

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

  9. 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...

  10. Resolving issues with environmental impact assessment of marine renewable energy installations

    Directory of Open Access Journals (Sweden)

    Ilya M. D. Maclean

    2014-12-01

    Full Text Available Growing concerns about climate change and energy security have fueled a rapid increase in the development of marine renewable energy installations (MREIs. The potential ecological consequences of increased use of these devices emphasizes the need for high quality environmental impact assessment (EIA. We demonstrate that these processes are hampered severely, primarily because ambiguities in the legislation and lack of clear implementation guidance are such that they do not ensure robust assessment of the significance of impacts and cumulative effects. We highlight why the regulatory framework leads to conceptual ambiguities and propose changes which, for the most part, do not require major adjustments to standard practice. We emphasize the importance of determining the degree of confidence in impacts to permit the likelihood as well as magnitude of impacts to be quantified and propose ways in which assessment of population-level impacts could be incorporated into the EIA process. Overall, however, we argue that, instead of trying to ascertain which particular developments are responsible for tipping an already heavily degraded marine environment into an undesirable state, emphasis should be placed on better strategic assessment.

  11. Spatially and Temporally Resolved Analysis of Environmental Trade-Offs in Electricity Generation.

    Science.gov (United States)

    Peer, Rebecca A M; Garrison, Jared B; Timms, Craig P; Sanders, Kelly T

    2016-04-19

    The US power sector is a leading contributor of emissions that affect air quality and climate. It also requires a lot of water for cooling thermoelectric power plants. Although these impacts affect ecosystems and human health unevenly in space and time, there has been very little quantification of these environmental trade-offs on decision-relevant scales. This work quantifies hourly water consumption, emissions (i.e., carbon dioxide, nitrogen oxides, and sulfur oxides), and marginal heat rates for 252 electricity generating units (EGUs) in the Electric Reliability Council of Texas (ERCOT) region in 2011 using a unit commitment and dispatch model (UC&D). Annual, seasonal, and daily variations, as well as spatial variability are assessed. When normalized over the grid, hourly average emissions and water consumption intensities (i.e., output per MWh) are found to be highest when electricity demand is the lowest, as baseload EGUs tend to be the most water and emissions intensive. Results suggest that a large fraction of emissions and water consumption are caused by a small number of power plants, mainly baseload coal-fired generators. Replacing 8-10 existing power plants with modern natural gas combined cycle units would result in reductions of 19-29%, 51-55%, 60-62%, and 13-27% in CO2 emissions, NOx emissions, SOx emissions, and water consumption, respectively, across the ERCOT region for two different conversion scenarios.

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

    CERN Document Server

    Raines, Susan S

    2013-01-01

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

  13. Resolving Ethical Disputes Through Arbitration: An Alternative to Code Penalties.

    Science.gov (United States)

    Barwis, Gail Lund

    Arbitration cases involving journalism ethics can be grouped into three major categories: outside activities that lead to conflicts of interest, acceptance of gifts that compromise journalistic objectivity, and writing false or misleading information or failing to check facts or correct errors. In most instances, failure to adhere to ethical…

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

    Directory of Open Access Journals (Sweden)

    Mohd Suhaimi Mohd Danuri

    2012-06-01

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

  15. 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

  16. 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.

  17. 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

  18. 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.

  19. 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.

  20. The case for establishing a board of review for resolving environmental issues: The science court in Canada.

    Science.gov (United States)

    Giesy, John P; Solomon, Keith R; Kacew, Sam; Mackay, Donald; Stobo, Gerald; Kennedy, Steven

    2016-07-01

    Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC. © 2015 SETAC.

  1. 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.

  2. THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION

    Directory of Open Access Journals (Sweden)

    Sri Praptianingsih

    2017-06-01

    Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.

  3. 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...

  4. 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...

  5. 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…

  6. 46 CFR 205.5 - Contracts containing disputes article.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    2010-01-01

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

  9. 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...

  10. 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.

  11. 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

  12. Angle-resolved environmental X-ray photoelectron spectroscopy: A new laboratory setup for photoemission studies at pressures up to 0.4 Torr

    International Nuclear Information System (INIS)

    Mangolini, F.; Wabiszewski, G. E.; Egberts, P.; Åhlund, J.; Backlund, K.; Karlsson, P. G.; Adiga, V. P.; Streller, F.; Wannberg, B.; Carpick, R. W.

    2012-01-01

    The paper presents the development and demonstrates the capabilities of a new laboratory-based environmental X-ray photoelectron spectroscopy system incorporating an electrostatic lens and able to acquire spectra up to 0.4 Torr. The incorporation of a two-dimensional detector provides imaging capabilities and allows the acquisition of angle-resolved data in parallel mode over an angular range of 14° without tilting the sample. The sensitivity and energy resolution of the spectrometer have been investigated by analyzing a standard Ag foil both under high vacuum (10 −8 Torr) conditions and at elevated pressures of N 2 (0.4 Torr). The possibility of acquiring angle-resolved data at different pressures has been demonstrated by analyzing a silicon/silicon dioxide (Si/SiO 2 ) sample. The collected angle-resolved spectra could be effectively used for the determination of the thickness of the native silicon oxide layer.

  13. 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…

  14. 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

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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...

  20. 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

  1. 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...

  2. 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...

  3. 25 CFR 1000.422 - How must disputes be handled?

    Science.gov (United States)

    2010-04-01

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

  4. 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...

  5. 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...

  6. 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.

  7. 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

  8. 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

  9. 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.

  10. 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...

  11. 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.

  12. Small diversity effects on ocean primary production under environmental change in a diversity-resolving ocean ecosystem model

    DEFF Research Database (Denmark)

    Prowe, Friederike; Pahlow, M.; Dutkiewicz, S.

    2013-01-01

    Marine ecosystem models used to investigate how global change affects ocean ecosystems and their functioning typically omit pelagic diversity. Diversity, however, can affect functions such as primary production and their sensitivity to environmental changes. Using a global ocean ecosystem model...... the diversity effects on ecosystem functioning captured in ocean ecosystem models....

  13. 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...

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

    Science.gov (United States)

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

    1999-03-01

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

  15. 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

  16. 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

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

    Directory of Open Access Journals (Sweden)

    Jakob Zollmann

    2016-01-01

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

  18. 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

  19. 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...

  20. 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...

  1. 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...

  2. 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 ...

  3. 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

  4. 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...

  5. 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...

  6. 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…

  7. 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...

  8. 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...

  9. 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.

  10. 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...

  11. 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...

  12. 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...

  13. 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...

  14. 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.…

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 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

  4. 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.

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

    NARCIS (Netherlands)

    Sosa Landeo, Milagros; Zwarteveen, Margreet

    2016-01-01

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

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

    NARCIS (Netherlands)

    Sosa, M.; Zwarteveen, M.

    2016-01-01

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

  7. Legislation and employment relations in South Africa: A narrative overview of workplace dispute

    Directory of Open Access Journals (Sweden)

    Shadrack Themba Mzangwa

    2015-09-01

    Full Text Available This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the South African perspective. South Africa is one of the unionised countries in the world and the involvement of trade unions in resolving disputes including grievances and disciplinary matters is crucial. Trade unions, employers’ organisations and the state play an integral role in employment relations. Unions represent their members during dispute proceedings at various institutions where they (trade unions are recognised. The country’s statutory measures must always be adhered-to in the handling of grievances and disciplinary procedures. The author relates the manner in which grievances and disciplinary proceedings are handled in a unionised workplace environment

  8. 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.

  9. 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.

  10. 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.

  11. Content disputes in Wikipedia reflect geopolitical instability.

    Science.gov (United States)

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

    2011-01-01

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

  12. 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.

  13. 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.

  14. 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 ...

  15. 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.

  16. 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...

  17. 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...

  18. 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)

  19. Changes in precipitation isotope-climate relationships from temporal grouping and aggregation of weekly-resolved USNIP data: impacts on paleoclimate and environmental applications

    Science.gov (United States)

    Akers, P. D.; Welker, J. M.

    2015-12-01

    Spatial variations in precipitation isotopes have been the focus of much recent research, but relatively less work has explored changes at various temporal scales. This is partly because most spatially-diverse and long-term isotope databases are offered at a monthly resolution, while daily or event-level records are spatially and temporally limited by cost and logistics. A subset of 25 United States Network for Isotopes in Precipitation (USNIP) sites with weekly-resolution in the east-central United States was analyzed for site-specific relationships between δ18O and δD (the local meteoric water line/LMWL), δ18O and surface temperature, and δ18O and precipitation amount. Weekly data were then aggregated into monthly and seasonal data to examine the effect of aggregation on correlation and slope values for each of the relationships. Generally, increasing aggregation improved correlations (>25% for some sites) due to a reduced effect of extreme values, but estimates on regression variable error increased (>100%) because of reduced sample sizes. Aggregation resulted in small, but significant drops (5-25%) in relationship slope values for some sites. Weekly data were also grouped by month and season to explore changes in relationships throughout the year. Significant subannual variability exists in slope values and correlations even for sites with very strong overall correlations. LMWL slopes are highest in winter and lowest in summer, while the δ18O-surface temperature relationship is strongest in spring. Despite these overall trends, a high level of month-to-month and season-to-season variability is the norm for these sites. Researchers blindly applying overall relationships drawn from monthly-resolved databases to paleoclimate or environmental research risk assuming these relationships apply at all temporal resolutions. When possible, researchers should match the temporal resolution used to calculate an isotopic relationship with the temporal resolution of

  20. 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.

  1. 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

  2. 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

  3. 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

  4. 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.

  5. 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

  6. 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

  7. 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.

  8. 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 ...

  9. 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.

  10. 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 ...

  11. 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...

  12. 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 ...

  13. 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…

  14. 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- ...

  15. 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…

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

    Science.gov (United States)

    Freudman, L

    1998-06-01

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

  17. Effectiveness of the Various Mechanisms and Practices in Preventing and Resolving Individual Labour Conflicts in Romania

    Directory of Open Access Journals (Sweden)

    Braica Alexandra

    2015-05-01

    Full Text Available In our country, the practice of individual labour dispute resolution shows that it predominantly appeals to the courts, to the detriment of alternative mechanisms for individual labour dispute prevention and resolution. Therefore, we believe the focus should be on developing those practices and mechanisms, on the one hand to prevent the emergence of a labour dispute, and on the other hand to steer the conflict settlement through mediation. This paper refers to the existing situation in Romania, in terms of legislation and practice in the field. Promoting programs to increase the institutional capacity of social partners for resolving labour disputes, both individual and collective, would be an approach in accordance with the principles of social dialogue and would really contribute to developing a culture of social dialogue in Romania

  18. Resolving Standard Essential Patents Issues through Competition Law (Japanese)

    OpenAIRE

    KAWAHAMA Noboru

    2015-01-01

    The number of disputes relating to standard essential patents (SEPs), in which patent holders submit statements to commit to granting licenses on a fair, reasonable and non-discriminatory (FRAND) basis, have increased. The exercise of SEPs tends to cause problems such as hold-ups and royalty stacking and needs to be constrained somehow. Despite wide recognition of the need to address these problems, devising measures to resolve the issue has not been an easy task since various laws and princi...

  19. 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.

  20. 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.

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

    African Journals Online (AJOL)

    institutions to such initiatives are considered to be good opportunities for ..... where the wrongdoer is cleansed and the victim compensated; a school where ..... coexistence of multiple systems of conflict resolution and the ways of resolving.

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

    Directory of Open Access Journals (Sweden)

    Norman Chivasa

    2018-01-01

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

  3. 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.)

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

    OpenAIRE

    Sosa Landeo, Milagros; Zwarteveen, Margreet

    2016-01-01

    Disputes between mining companies and surrounding communities over the access to, control of and distribution of water form an important part of the socio-environmental conflicts that large mining operations in Peru are producing. In order to mitigate environmental impacts, solve conflicts and deal with opposition to mining operations, governmental actors and mining companies make use of a combination of legal and technical strategies. This article questions the effectiveness of these strateg...

  5. How science makes environmental controversies worse

    International Nuclear Information System (INIS)

    Sarewitz, Daniel

    2004-01-01

    I use the example of the 2000 US Presidential election to show that political controversies with technical underpinnings are not resolved by technical means. Then, drawing from examples such as climate change, genetically modified foods, and nuclear waste disposal, I explore the idea that scientific inquiry is inherently and unavoidably subject to becoming politicized in environmental controversies. I discuss three reasons for this. First, science supplies contesting parties with their own bodies of relevant, legitimated facts about nature, chosen in part because they help make sense of, and are made sensible by, particular interests and normative frameworks. Second, competing disciplinary approaches to understanding the scientific bases of an environmental controversy may be causally tied to competing value-based political or ethical positions. The necessity of looking at nature through a variety of disciplinary lenses brings with it a variety of normative lenses, as well. Third, it follows from the foregoing that scientific uncertainty, which so often occupies a central place in environmental controversies, can be understood not as a lack of scientific understanding but as the lack of coherence among competing scientific understandings, amplified by the various political, cultural, and institutional contexts within which science is carried out. In light of these observations, I briefly explore the problem of why some types of political controversies become 'scientized' and others do not, and conclude that the value bases of disputes underlying environmental controversies must be fully articulated and adjudicated through political means before science can play an effective role in resolving environmental problems

  6. The role of mediation in resolving workplace relationship conflict.

    Science.gov (United States)

    McKenzie, Donna Margaret

    2015-01-01

    Stress triggered by workplace-based interpersonal conflict can result in damaged relationships, loss of productivity, diminished job satisfaction and increasingly, workers' compensation claims for psychological injury. This paper examined the literature on the role and effectiveness of mediation, as the most common method of Alternative Dispute Resolution, in resolving workplace relationship conflict. Available evidence suggests that mediation is most effective when supported by organisational commitment to ADR strategies, policies and processes, and conducted by independent, experienced and qualified mediators. The United States Postal Service program REDRESS™ is described as an illustration of the successful use of mediation to resolve conflict in the workplace. Copyright © 2015 Elsevier Ltd. All rights reserved.

  7. 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.

  8. 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

  9. 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.

  10. 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...

  11. Environmental accident and its treatment in a developing country: a case study on China.

    Science.gov (United States)

    Hou, Yu

    2012-08-01

    Along with their rapid progress, developing countries have had to deal with more environmental problems, which have been a cause for concern among policy makers and the public in general. This study cites two accidents that happened in China in 2006 that caused serious environmental problems in nearby communities and discusses the problems these accidents created and the resulting disputes among the concerned people. Pollution-causing accidents not only pose threats to the health of the victims but also give rise to environmental disputes that jeopardise national security and social stability. Conflicts normally ensue following a pollution-causing accident, which are more likely to happen within a development zone or industrial park. Few environmental conflicts in the past decades were resolved through litigation. Nevertheless, there are lapses in the regulatory system, which have to be addressed to ensure that the public's rights and interests are protected. Currently, reports on pollution-causing accidents are difficult to obtain and are often released very late. A majority of industrial firms operate without environmental clearance, thus highlighting the government's inefficiency in environmental management. It is about time that the Chinese government takes seriously the use of the Environmental Impact Assessment.

  12. 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...

  13. 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...

  14. 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...

  15. 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...

  16. 45 CFR 74.91 - Alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

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

  17. 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...

  18. 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.

  19. 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.

  20. 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...

  1. 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...

  2. 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.

  3. Energy price dispute - companies are confident

    International Nuclear Information System (INIS)

    Marcan, P.; Slovak, P.

    2007-01-01

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

  4. The transparency paradox. Building trust, resolving disputes and optimising logistics on conventional and online drugs markets.

    Science.gov (United States)

    Tzanetakis, Meropi; Kamphausen, Gerrit; Werse, Bernd; von Laufenberg, Roger

    2016-09-01

    In recent years, marketplaces in the darknet emerged where vendors and customers can exchange illicit drugs and other goods on digital platforms by using hidden internet services. The main thesis of this paper is that in an online environment, different practices for building trust and reputation emerge that stabilise market processes. Qualitative and quantitative data from a recent German project on conventional (offline) small-scale drug dealing as well as qualitative case studies on four online vendors operating on Agora market are used to explore alternative practices for building trust and reputation. They also explore the use of violence and logistics established on cryptomarkets in comparison to traditional dealing. To analyse the data we applied qualitative content analyses. For conventional commercial illicit drug dealing on various kinds of markets, trust between buyer and seller is a crucial issue, often emphasized by restricting deals to well-known persons. While this typically includes face-to-face contact, the opposite is true with online drug trading. It is characteristic of cryptomarkets that the parties involved in a transaction know neither the personal identity nor the physical location of one another. This is realised by using aliases, anonymising software, and cryptocurrencies for payments. Violence typically only plays a role in traditional drug dealing, but mostly, if at all, just as a latent threat for potential rule-breakers. Processing a transaction anonymously includes escrow services for the buyers, which makes trading more reliable, although they cannot completely prevent scamming. Furthermore, online drug marketplaces usually offer a customer feedback system that allows customers to rate vendors and review products. A positive vendor feedback helps building reputation and trust in such an online environment. With regard to logistics, most conventional small-scale dealers restrict their acts of selling to private surroundings to avoid encounters with law enforcement. In cryptomarkets, the purchased drugs are delivered by traditional postal services, sometimes to false addresses or to someone else's name to conceal the identity and address of the buyer. On virtual drug markets practices of building trust, conflict resolution and logistics is constantly evolving. They offer improved security solutions on the one hand while on the other hand scamming and fraud seem to be widely used on both online and conventional drug markets. Copyright © 2015 Elsevier B.V. All rights reserved.

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

    African Journals Online (AJOL)

    important role in resolving crimes of any kind and maintaining peace and stability in the ..... of criminal conflicts is known as Victim-Offender Mediation (Umbreit. 2009:216–217). ..... Moreover, the theory of legal pluralism can be used as a basis ...

  6. 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.

  7. U.S.-India safeguards dispute

    International Nuclear Information System (INIS)

    Sweet, W.

    1978-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-11-14

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

  9. International environmental legislation; Internationales Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Proelss, Alexander (ed.) [Trier Univ. (Germany)

    2017-07-01

    The book on international environmental legislation includes the following contributions: Development, sources and actors concerning the international environmental legislation, cross-national environmental justice, principles of the international environmental legislation, environmental protection by lawsuit, environmental protection and human right, environmental protection and trading, responsibility and liability, peaceful settlement of disputes, climatic change, preservation and sustainable use of the biodiversity, protection of air and space, oceanic protection, protection of inland waters, protection of the Antarctic and Arctic environment, waste and hazardous materials legislation.

  10. SPECIFIC REGULATIONS REGARDING THE SOLVING OF LABOR DISPUTES IN ROMANIAN LEGAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Onica -Chipea Lavinia

    2012-01-01

    Full Text Available The paper aims to briefly review specific provisions of labor legislation for the solving of labor disputes. Those rules are found in matters of discrimination in the payment settlements, the public sector staff as well as some personnel status or disciplinary (work stops at Status of Teachers and established a derogationfrom the common law (Labor Code Law nr.62/2011 of Social Dialogue in resolving individual labor conflicts(former conflicts of rights. The role and importance of these regulations is that they give the parties the employment relationship, particularly employees, way, way more for rights enshrined in law. Appeals, complaints or expressions of individual grievances be settled outside the judicial system organ (the courts,authorizing officers, judicial administrative organs, which aim at restoring order violated.

  11. Environmental Performance

    DEFF Research Database (Denmark)

    Lindelof, Anja Mølle; Schmidt, Ulrik; Svabo, Connie

    2017-01-01

    Do ants and grasshoppers perform? Do clouds, plants and melting ice? Do skyscrapers, traffic jams and computer vira? And what happens to our understanding of liveness if that is the case? This chapter takes ongoing theoretical disputes about the nature of live performance in performance studies...... as its starting point to investigate liveness within a specific kind of contemporary performance: ‘environmental performances’. Environmental performances are arts practices that take environmental processes as their focus by framing activities of non-human performers such as clouds, wind and weeds - key...

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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

  18. Transition to non-toxic gunshot use in Olympic shooting: policy implications for IOC and UNEP in resolving an environmental problem.

    Science.gov (United States)

    Thomas, Vernon George; Guitart, Raimon

    2013-10-01

    Olympic shooters discharge, annually, thousands of tons of lead shot which pose toxic risks to animals and may pollute both surface and ground waters. Non-toxic steel shot is an acceptable and effective substitute, but International Shooting Sports Federation (ISSF) rules prevent its adoption. The present policy and rules of the ISSF on lead shot use contravene the International Olympic Committee (IOC) Charter position on environmental protection. The United Nations Environment Programme (UNEP), a formal Olympic partner on environmental protection, has no stated policy on contamination from lead ammunition, despite having declared lead a Priority Area for remedial action, and is pressing to remove lead from the global human environment. The IOC Sport and Environment Commission and UNEP could examine the continued use of lead shot ammunition and advise the IOC Executive Board on appropriate changes in policy and rules that could halt the massive lead shot contamination of shooting range environments world-wide.

  19. 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.

  20. 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...

  1. 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...

  2. 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.

  3. 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.

  4. 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。

  5. 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...

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

    Science.gov (United States)

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

    2004-01-01

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

  7. 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…

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

    Science.gov (United States)

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

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

  9. 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...

  10. 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...

  11. 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...

  12. 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…

  13. 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;

  14. 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 ...

  15. 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

  16. 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.

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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 ...

  5. 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...

  6. 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

  7. 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…

  8. 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…

  9. 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...

  10. 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…

  11. 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...

  12. 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…

  13. 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.

  14. 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…

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. Ombuds’ corner: Disputes may be beneficial

    CERN Multimedia

    Vincent Vuillemin

    2011-01-01

    In this series, the Bulletin aims to explain the role of the Ombuds at CERN by presenting practical examples of misunderstandings that could have been resolved by the Ombuds if he had been contacted earlier. Please note that, in all the situations we present, the names are fictitious and used only to improve clarity.   Sam* has been working in his position for many years. During his annual interviews with his group leader Jerry*, he was always told that his job performance was satisfactory, and no criticism was raised. Sam really appreciated Jerry’s fairness and was happy to work with him. The written appraisals were in the same tone, so Sam never imagined that something could be blamed on him. His career level was improving, although not as fast as he would have liked it to. To begin with, Jerry had some doubts about Sam’s capabilities, but preferred to wait and see if the situation would improve by itself, counting that Sam’s expertise would improve with time. Late...

  5. 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

  6. 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.

  7. 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.

  8. 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.

  9. 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

  10. 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

  11. 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)

  12. 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.

  13. 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...

  14. 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)

  15. 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.

  16. 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...

  17. 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

  18. 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.

  19. 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.

  20. 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.

  1. Time-resolved analysis of the emission of sidestream smoke (SSS) from cigarettes during smoking by photo ionisation/time-of-flight mass spectrometry (PI-TOFMS): towards a better description of environmental tobacco smoke.

    Science.gov (United States)

    Streibel, T; Mitschke, S; Adam, T; Zimmermann, R

    2013-09-01

    In this study, the chemical composition of sidestream smoke (SSS) emissions of cigarettes are characterised using a laser-based single-photon ionisation time-of-flight mass spectrometer. SSS is generated from various cigarette types (2R4F research cigarette; Burley, Oriental and Virginia single-tobacco-type cigarettes) smoked on a single-port smoking machine and collected using a so-called fishtail chimney device. Using this setup, a puff-resolved quantification of several SSS components was performed. Investigations of the dynamics of SSS emissions show that concentration profiles of various substances can be categorised into several groups, either depending on the occurrence of a puff or uninfluenced by the changes in the burning zone during puffing. The SSS emissions occurring directly after a puff strongly resemble the composition of mainstream smoke (MSS). In the smouldering phase, clear differences between MSS and SSS are observed. The changed chemical profiles of SSS and MSS might be also of importance on environmental tobacco smoke which is largely determined by SSS. Additionally, the chemical composition of the SSS is strongly affected by the tobacco type. Hence, the higher nitrogen content of Burley tobacco leads to the detection of increased amounts of nitrogen-containing substances in SSS.

  2. 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.

  3. 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...

  4. 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

  5. Using a new analysis of the best interests standard to address cultural disputes: whose data, which values?

    Science.gov (United States)

    Kopelman, Loretta M; Kopelman, Arthur E

    2007-01-01

    Clinicians sometimes disagree about how much to honor surrogates' deeply held cultural values or traditions when they differ from those of the host country. Such a controversy arose when parents requested a cultural accommodation to let their infant die by withdrawing life saving care. While both the parents and clinicians claimed to be using the Best Interests Standard to decide what to do, they were at an impasse. This standard is analyzed into three necessary and jointly sufficient conditions and used to resolve the question of how much to accommodate cultural preferences and how to treat this infant. The extreme versions of absolutism and relativism are rejected. Properly understood, the Best Interests Standard can serve as a powerful tool in settling disputes about how to make good decisions for those who cannot decide for themselves.

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

    Directory of Open Access Journals (Sweden)

    Nicole Stremlau

    2015-08-01

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

  7. Operation: Inherent Resolve

    DEFF Research Database (Denmark)

    Cramer-Larsen, Lars

    2015-01-01

    Kapitlet giver læseren indsigt i den internationale koalitions engagement mod IS igennem Operaton Inherent Resolve; herunder koalitionens strategi i forhold til IS strategi, ligesom det belyser kampagnens legalitet og folkeretlige grundlag, ligesom det giver et bud på overvejelser om kampagnens...

  8. Simulating Water Resource Disputes of Transboundary River: A Case Study of the Zhanghe River Basin, China

    Science.gov (United States)

    Yuan, Liang; He, Weijun; Liao, Zaiyi; Mulugeta Degefu, Dagmawi; An, Min; Zhang, Zhaofang

    2018-01-01

    Water resource disputes within transboundary river basin has been hindering the sustainable use of water resources and efficient management of environment. The problem is characterized by a complex information feedback loop that involves socio-economic and environmental systems. This paper presents a system dynamics based model that can simulate the dynamics of water demand, water supply, water adequacy and water allocation instability within a river basin. It was used for a case study in the Zhanghe River basin of China. The base scenario has been investigated for the time period between 2000 and 2050. The result shows that the Chinese national government should change the water allocation scheme of downstream Zhanghe River established in 1989, more water need to be allocated to the downstream cities and the actual allocation should be adjusted to reflect the need associated with the socio-economic and environmental changes within the region, and system dynamics improves the understanding of concepts and system interactions by offering a comprehensive and integrated view of the physical, social, economic, environmental, and political systems.

  9. 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

  10. 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

  11. 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...

  12. 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...

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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

  5. 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...

  6. 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...

  7. 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 ...

  8. 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...

  9. 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

  10. 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...

  11. 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…

  12. 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…

  13. 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.…

  14. Should I go to court?: an assessment of the role of the Judiciary in disputes between cattle raisers and meatpackers in Brazil

    Directory of Open Access Journals (Sweden)

    Silvia Morales de Queiroz Caleman

    2013-06-01

    Full Text Available The main objective of this perspective paper is to analyze the role of the judiciary in resolving conflicts between cattle raisers and meatpacking firms in Brazil. Looking at the transaction for the acquisition of cattle for slaughter in the state of Mato Grosso do Sul (the central-western region of Brazil, the analysis encompasses three steps. First, the authors describe the transaction pattern between cattle raisers and meatpacking firms, identifying a guarantee vacuum within the supply chain. Secondly, the authors present evidence that the guarantee vacuum may give rise to legal conflicts of non-payment, which are indeed prevalent in disputes that reach the courts. Finally, the role of the judiciary in resolving these conflicts is investigated. Results suggest that, on average, producers have little confidence in the legal system, indicating the potential function that informal mechanisms may play in the supply chain. The paper concludes by suggesting some implications for public and private strategies.

  15. 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...

  16. 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...

  17. 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...

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

    Science.gov (United States)

    2013-04-26

    ... 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...

  19. 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...

  20. 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…

  1. Legal transformations of business disputes in post-soviet Ukraine

    Directory of Open Access Journals (Sweden)

    Tatiana Kyselova

    2011-10-01

    Full Text Available This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh, but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.

  2. 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.       

  3. Territorial disputes, identity conflicts, and violence in surfing

    Directory of Open Access Journals (Sweden)

    Marília Martins Bandeira

    2014-03-01

    Full Text Available Aggressive manifestations of localism are a current concern among surfers and are becoming well known as a result of specialized media. The objective of this paper was to investigate this phenomenon through the examination of a specific case and empirical fieldwork that was conducted for an ethnography of São Paulo surfers. The data were obtained via participant observations and open interviews. The results indicate that conflicts generally begin as disputes over the best waves. Surfing has a general rule of "wave priority criteria," based on spatial positioning. However, this universal rule may be intentionally broken depending on surfers' sociability. Ethnic and class differences based on historical processes can exist in oppositional relationships among surfers and are manifested by categories of accusation or identity (in São Paulo's case, local, haole, roots,prego,and playboy. However, this category attribution is contextual and interchangeable because surfers circulate between groups and beaches while searching for waves.

  4. 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

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

    Directory of Open Access Journals (Sweden)

    Oana Cristina Necula

    2012-12-01

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

  6. 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....

  7. 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.

  8. Highly resolving computerized tomography

    International Nuclear Information System (INIS)

    Kurtz, B.; Petersen, D.; Walter, E.

    1984-01-01

    With the development of highly-resolving devices for computerized tomography, CT diagnosis of the lumbar vertebral column has gained increasing importance. As an ambulatory, non-invasive method it has proved in comparative studies to be at least equivalent to myelography in the detection of dislocations of inter-vertebral disks (4,6,7,15). Because with modern devices not alone the bones, but especially the spinal soft part structures are clearly and precisely presented with a resolution of distinctly below 1 mm, a further improvement of the results is expected as experience will increase. The authors report on the diagnosis of the lumbar vertebral column with the aid of a modern device for computerized tomography and wish to draw particular attention to the possibility of doing this investigation as a routine, and to the diagnostic value of secondary reconstructions. (BWU) [de

  9. Highly resolving computerized tomography

    Energy Technology Data Exchange (ETDEWEB)

    Kurtz, B.; Petersen, D.; Walter, E.

    1984-01-01

    With the development of highly-resolving devices for computerized tomography, CT diagnosis of the lumbar vertebral column has gained increasing importance. As an ambulatory, non-invasive method it has proved in comparative studies to be at least equivalent to myelography in the detection of dislocations of inter-vertebral disks (4,6,7,15). Because with modern devices not alone the bones, but especially the spinal soft part structures are clearly and precisely presented with a resolution of distinctly below 1 mm, a further improvement of the results is expected as experience will increase. The authors report on the diagnosis of the lumbar vertebral column with the aid of a modern device for computerized tomography and wish to draw particular attention to the possibility of doing this investigation as a routine, and to the diagnostic value of secondary reconstructions.

  10. Environmental review process: The U.S. experience

    International Nuclear Information System (INIS)

    Russo, T.N.

    1993-01-01

    The environmental review process used by the United States Federal Energy Regulatory Commission was discussed. The process has enabled the Commission to assess proposed small hydropower projects, but in the view of the author the Commission has done so at considerable cost and time to developers. Principal reasons for the delays and additional costs were examined, and ways were suggested that developers, agencies, regulators and other stakeholders could facilitate the siting of small hydropower projects without sacrificing the quality of the environmental review process. The highly duplicative nature of the environmental review process for hydropower projects was highlighted. The Commissions's power to regulate hydropower was claimed to have become severely eroded and the Energy Policy Act of 1992 did not significantly improve the process. Conflicts between developers, federal and state agencies, and the Commission over jurisdiction and interpretation of statutes continue to cause siting delays, which could render many projects financially infeasible. A more proactive Federal Energy Regulatory Commission was suggested to work with developers, agencies, Indian tribes and non-government organizations to resolve disputes. 1 tab

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

    Directory of Open Access Journals (Sweden)

    Dimitrijević Predrag

    2014-01-01

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

  12. 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.

  13. 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...

  14. 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...

  15. 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.

  16. 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.

  17. 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.

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

    NARCIS (Netherlands)

    Goh, Gérardine Meishan

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Singkir Hudijono

    2012-11-01

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

  20. Resolving inventory differences

    International Nuclear Information System (INIS)

    Weber, J.H.; Clark, J.P.

    1991-01-01

    Determining the cause of an inventory difference (ID) that exceeds warning or alarm limits should not only involve investigation into measurement methods and reexamination of the model assumptions used in the calculation of the limits, but also result in corrective actions that improve the quality of the accountability measurements. An example illustrating methods used by Savannah River Site (SRS) personnel to resolve an ID is presented that may be useful to other facilities faced with a similar problem. After first determining that no theft or diversion of material occurred and correcting any accountability calculation errors, investigation into the IDs focused on volume and analytical measurements, limit of error of inventory difference (LEID) modeling assumptions, and changes in the measurement procedures and methods prior to the alarm. There had been a gradual gain trend in IDs prior to the alarm which was reversed by the alarm inventory. The majority of the NM in the facility was stored in four large tanks which helped identify causes for the alarm. The investigation, while indicating no diversion or theft, resulted in changes in the analytical method and in improvements in the measurement and accountability that produced a 67% improvement in the LEID

  1. 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

  2. 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...

  3. 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.

  4. 10 CFR 1023.8 - Alternative dispute resolution (ADR).

    Science.gov (United States)

    2010-01-01

    ... (time and procedurally limited) trial with one-judge; summary binding (non-appealable) bench decision... resolve problems in a way that the remaining performance is eased and improved. For these reasons, the... provide ADR services and such services may be furnished whenever they are warranted by the overall best...

  5. Environmental law in change

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    This study describes the process of change of environmental protection law taking place during an ecological crisis and unter the increasing pressure of the ecological movement. Special analyses refer to the reform of the licensing procedures and prodecures of dispute under environmental protection law today being in the focus of juridical discussion. Furthermore they refer to the juridical implementation of the fundamental right of life in an unspoiled and healthy environment. The volume ends with a study on ''Nuclear energy, law and justice'', - a subject being topical and important for its broad political consequences on environment, energy and economy. (orig.) [de

  6. Time-resolved studies

    International Nuclear Information System (INIS)

    Mills, D.M.

    1992-01-01

    When new or more powerful probes become available that offer both shorter data-collection times and the opportunity to apply innovative approaches to established techniques, it is natural that investigators consider the feasibility of exploring the kinetics of time-evolving systems. This stimulating area of research not only can lead to insights into the metastable or excited states that a system may populate on its way to a ground state, but can also lead to a better understanding of that final state. Synchrotron radiation, with its unique properties, offers just such a tool to extend X-ray measurements from the static to the time-resolved regime. The most straight-forward application of synchrotron radiation to the study of transient phenomena is directly through the possibility of decreased data-collection times via the enormous increase in flux over that of a laboratory X-ray system. Even further increases in intensity can be obtained through the use of novel X-ray optical devices. Widebandpass monochromators, e.g., that utilize the continuous spectral distribution of synchrotron radiation, can increase flux on the sample several orders of magnitude over conventional X-ray optical systems thereby allowing a further shortening of the data-collection time. Another approach that uses the continuous spectral nature of synchrotron radiation to decrease data-collection times is the open-quote parallel data collectionclose quotes method. Using this technique, intensities as a function of X-ray energy are recorded simultaneously for all energies rather than sequentially recording data at each energy, allowing for a dramatic decrease in the data-collection time

  7. International jurisprudence on trade and environmental health: one step forward, two steps back?

    Science.gov (United States)

    Timmermans, Karin

    2008-01-01

    Since the creation of the World Trade Organization (WTO), there has been considerable debate regarding the impact of its rules on public health. By contrast, the role of the WTO dispute settlement mechanism has received little attention, even though the bodies responsible for settling disputes are the ultimate interpreters of WTO rules and agreements. To date, three WTO disputes that relate to occupational and/or environmental health have been fully litigated. A review of the decisions and reasoning in these cases indicates that WTO jurisprudence is evolving, as Panels and the Appellate Body try--with varying degrees of success--to balance countries' rights and obligations under international trade agreements with their right to protect occupational and environmental health. Disputes between nations can have an impact beyond the parties concerned, and raise questions about the relationship between trade agreements and other international agreements, especially multilateral environmental agreements (MEAs).

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

    Directory of Open Access Journals (Sweden)

    Adriano Maia dos Santos

    2014-08-01

    Full Text Available OBJECTIVE To analyze the regional governance of the health systemin relation to management strategies and disputes. METHODOLOGICAL PROCEDURES A qualitative study with health managers from 19 municipalities in the health region of Bahia, Northeastern Brazil. Data were drawn from 17 semi-structured interviews of state, regional, and municipal health policymakers and managers; a focus group; observations of the regional interagency committee; and documents in 2012. The political-institutional and the organizational components were analyzed in the light of dialectical hermeneutics. RESULTS The regional interagency committee is the chief regional governance strategy/component and functions as a strategic tool for strengthening governance. It brings together a diversity of members responsible for decision making in the healthcare territories, who need to negotiate the allocation of funding and the distribution of facilities for common use in the region. The high turnover of health secretaries, their lack of autonomy from the local executive decisions, inadequate technical training to exercise their function, and the influence of party politics on decision making stand as obstacles to the regional interagency committee’s permeability to social demands. Funding is insufficient to enable the fulfillment of the officially integrated agreed-upon program or to boost public supply by the system, requiring that public managers procure services from the private market at values higher than the national health service price schedule (Brazilian Unified Health System Table. The study determined that “facilitators” under contract to health departments accelerated access to specialized (diagnostic, therapeutic and/or surgical services in other municipalities by direct payment to physicians for procedure costs already covered by the Brazilian Unified Health System. CONCLUSIONS The characteristics identified a regionalized system with a conflictive pattern of

  9. Confidence in Alternative Dispute Resolution: Experience from Switzerland

    Directory of Open Access Journals (Sweden)

    Christof Schwenkel

    2014-06-01

    Full Text Available Alternative Dispute Resolution plays a crucial role in the justice system of Switzerland. With the unified Swiss Code of Civil Procedure, it is required that each litigation session shall be preceded by an attempt at conciliation before a conciliation authority. However, there has been little research on conciliation authorities and the public's perception of the authorities. This paper looks at public confidence in conciliation authorities and provides results of a survey conducted with more than 3,400 participants. This study found that public confidence in Swiss conciliation authorities is generally high, exceeds the ratings for confidence in cantonal governments and parliaments, but is lower than confidence in courts.Since the institutional models of the conciliation authorities (meaning the organization of the authorities and the selection of the conciliators differ widely between the 26 Swiss cantons, the influence of the institutional models on public confidence is analyzed. Contrary to assumptions based on New Institutional-ism approaches, this study reports that the institutional models do not impact public confidence. Also, the relationship between a participation in an election of justices of the peace or conciliators and public confidence in these authorities is found to be at most very limited (and negative. Similar to common findings on courts, the results show that general contacts with conciliation authorities decrease public confidence in these institutions whereas a positive experience with a conciliation authority leads to more confidence.The Study was completed as part of the research project 'Basic Research into Court Management in Switzerland', supported by the Swiss National Science Foundation (SNSF. Christof Schwenkel is a PhD student at the University of Lucerne and a research associate and project manager at Interface Policy Studies. A first version of this article was presented at the 2013 European Group for Public

  10. 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.

  11. Use of dendrochronology and dendrochemistry in environmental forensics: Does it meet the Daubert criteria?

    Science.gov (United States)

    Balouet, J.-C.; Smith, K.T.; Vroblesky, D.; Oudijk, G.

    2009-01-01

    Dendrochronological methods have been in use for more than 100 years, providing us a record of climate, human activities (archaeology), floods, fire, mudslides and other geological and biological events. More recently, dendrochemisty has been used to assess the time frames of the onset and existence of environmental contamination. This article assesses the scientific status of dendrochronology and dendrochemistry with respect to the admissibility of expert testimony and Daubert legal criteria. The purpose of this article is to identify the crucial scientific aspects of dendrochronology and dendrochemistry that address the Daubert criteria and Rule 702 as amended in 2000. To clarify terminology, dendrochronology is the precise and reliable assignment of the year of formation of tree rings. Dendroecology is the use of dendrochronology to understand ecological and environmental processes (Schweingruber, 1996). Dendrochemistry is a subdiscipline of dendrochronology that analyzes and interprets the wood chemistry of precisely dated tree rings. Forensic dendrochemistry applies dendrochemistry to resolve environmental disputes and generally deal with questions regarding the timing and/or the source of environmental incidents. One significant application of forensic dendrochemistry to expert testimony is to address issues of anthropogenic contamination. Forensic dendroecology is a similar term to forensic dendrochemistry, but forensic dendrochemistry will be used in this discussion as the latter term emphasizes the use of chemical detection methods. Because dendrochemistry is based on the foundation of dendrochronology, both the former specialty and the latter broader discipline will be discussed. ?? Taylor & Francis Group, LLC.

  12. 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.

  13. 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.

  14. Led Up the Tribunal Path? Employment Disputes, Legal Consciousness and Trust in the Protection of Law

    Directory of Open Access Journals (Sweden)

    Eleanor Joanne Kirk

    2017-12-01

    Full Text Available This article explores legal consciousness through a consideration of the trust that workers extend to employment law to protect them, and how they react when their expectations are frustrated, tracing evolving legal dispositions and reflections upon the boundaries of legality. Clients of Citizens Advice Bureaux were case-tracked as they attempted to resolve work-related disputes. Generally participants trusted employment law to be there for them, rarely anticipating the limits and conditionality of various rights, or the considerable difficulties that can accompany their enforcement. Frustrated expectations were met with varying degrees of acceptance and fatalism, with the redirection of grievances towards collectivised dissent or activism being exceptionally rare. People tend to engage with employment law in ways that legitimate institutions and reaffirm a system that, for a variety of reasons, offers weak protection and enforcement. Este artículo explora la conciencia jurídica, y, para ello, toma en consideración la confianza que depositan los trabajadores en que la legislación laboral los proteja, y cómo reaccionan cuando sus expectativas se ven frustradas, rastreando las disposiciones legales en desarrollo y sus reflejos sobre los límites de la legalidad. Se siguieron los casos de algunos clientes de las Oficinas de Asesoramiento a los Ciudadanos que intentaban solucionar conflictos laborales. En general, los participantes confiaban en que la ley del trabajo los protegiera, y rara vez preveían las limitaciones y condicionamientos de diversos derechos o las dificultades de su cumplimiento. Las expectativas frustradas generaban diversos grados de aceptación y fatalismo; la canalización de las quejas hacia la disensión colectiva o el activismo se daba de forma excepcionalmente rara. La gente tiende a comprometerse con la legislación laboral en formas que legitiman a las instituciones y que reafirman un sistema débil para ofrecer

  15. New multilateral approaches solving the nuclear energy dispute with Iran

    International Nuclear Information System (INIS)

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2011-01-01

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran's role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran's enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions.Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran's nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil.The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier state of enriched uranium and other states are responsible for the remaining parts of

  16. New multilateral approaches solving the nuclear energy dispute with Iran

    Energy Technology Data Exchange (ETDEWEB)

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2011-07-01

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran's role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran's enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions.Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran's nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil.The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier state of enriched uranium and other states are responsible for the

  17. 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.

  18. 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? 

  19. 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.

  20. 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.

  1. 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 ...

  2. 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...

  3. 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.

  4. 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.

  5. 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...

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

    Directory of Open Access Journals (Sweden)

    Mrs. Herliana

    2011-06-01

    Full Text Available Creating an Asian model of alternative dispute resolution which considers Asian cultures is important. A mere adoption of western standard will less likely accommodate Asian’s unique way of handling disputes. Culture-related problems can be avoided if international commercial mediation or arbitration is tuned in to cultural needs and expectations. Penyusunan model alternatif penyelesaian sengketa gaya Asia yang mengakomodasi budaya setempat penting untuk dilakukan. Penerapan standar barat tidak selamanya cocok dengan cara unik orang Asia dalam memandang suatu sengketa. Konflik kultural dapat dihindari apabila mediasi atau arbitrase bisnis internasional disesuaikan dengan kebutuhan budaya setempat.

  7. 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.

  8. 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.

  9. New multilateral approaches solving the nuclear energy dispute with Iran

    Energy Technology Data Exchange (ETDEWEB)

    Heireng, Hege Schultz; Moezzi, Maryam; Kippe, Halvor

    2010-12-15

    The focus of this report is on possible multilateral approaches for cooperation with Iran on the nuclear fuel cycle. The aim is to contribute in finding diplomatic solutions to the Iranian nuclear dispute. The proposals challenge the traditional views of Iran#Right Single Quotation Mark#s role in the nuclear negotiations in particular, and in the international community in general. The report investigates the possibility of accepting Iran#Right Single Quotation Mark#s enrichment of uranium, under an enhanced safeguards regime, and through a multilateral cooperation on the production of nuclear fuel. In relation to this, the report also explores the benefits of including new actors in the proposed solutions. Two different models for multilateral nuclear fuel cycle cooperation with Iran will be presented. The aim of these models is to ensure greater transparency in Iran#Right Single Quotation Mark#s nuclear activities, in order to minimize the risk of proliferation of nuclear weapons, while simultaneously presenting a solution that will be acceptable to Iran. The first model is a tripartite consortium model that consists of a cooperation between Kazakhstan, Iran and South Africa, in which these countries additionally cooperate with an IAEA-supervised international nuclear fuel bank. The second model is a nuclear fuel cycle cooperation between Iran and six of the countries bordering the Persian Gulf. In both models, the countries in question will be responsible for different parts of the nuclear fuel cycle. Iran will be responsible for the uranium enrichment activities, but will have to give up all other fuel cycle activities. Another prerequisite is that Iran accepts not to store enriched uranium on Iranian soil. The report shows that the international community should consider accepting enrichment of uranium on Iranian soil in the long-term. In addition, it is concluded that cooperation with Iran on the nuclear fuel cycle, where Iran is a reliable nuclear supplier

  10. 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...

  11. 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...

  12. 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...

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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

  18. Time resolved techniques: An overview

    International Nuclear Information System (INIS)

    Larson, B.C.; Tischler, J.Z.

    1990-06-01

    Synchrotron sources provide exceptional opportunities for carrying out time-resolved x-ray diffraction investigations. The high intensity, high angular resolution, and continuously tunable energy spectrum of synchrotron x-ray beams lend themselves directly to carrying out sophisticated time-resolved x-ray scattering measurements on a wide range of materials and phenomena. When these attributes are coupled with the pulsed time-structure of synchrotron sources, entirely new time-resolved scattering possibilities are opened. Synchrotron beams typically consist of sub-nanosecond pulses of x-rays separated in time by a few tens of nanoseconds to a few hundred nanoseconds so that these beams appear as continuous x-ray sources for investigations of phenomena on time scales ranging from hours down to microseconds. Studies requiring time-resolution ranging from microseconds to fractions of a nanosecond can be carried out in a triggering mode by stimulating the phenomena under investigation in coincidence with the x-ray pulses. Time resolution on the picosecond scale can, in principle, be achieved through the use of streak camera techniques in which the time structure of the individual x-ray pulses are viewed as quasi-continuous sources with ∼100--200 picoseconds duration. Techniques for carrying out time-resolved scattering measurements on time scales varying from picoseconds to kiloseconds at present and proposed synchrotron sources are discussed and examples of time-resolved studies are cited. 17 refs., 8 figs

  19. Resolving Conflicts between Agriculture and the Natural Environment.

    Directory of Open Access Journals (Sweden)

    Andrew J Tanentzap

    Full Text Available Agriculture dominates the planet. Yet it has many environmental costs that are unsustainable, especially as global food demand rises. Here, we evaluate ways in which different parts of the world are succeeding in their attempts to resolve conflict between agriculture and wild nature. We envision that coordinated global action in conserving land most sensitive to agricultural activities and policies that internalise the environmental costs of agriculture are needed to deliver a more sustainable future.

  20. Prison mediation as alternative dispute resolution between domestic prisons

    Directory of Open Access Journals (Sweden)

    Enrique Pastor Seller

    2013-12-01

    Full Text Available Mediation is a method penitentiary peaceful resolution of internal conflicts based on dialogue and respect, allowing those involved to take responsibility for their behavior, the role in the process and the peaceful resolution of the conflict itself. The research center aims to demonstrate the viability of mediation in prisons for the alternative resolution of interpersonal conflicts among inmates. To do so, first, we analyze the institutional and legal mechanisms for resolving interpersonal conflicts in Spanish prisons. It then proceeds to characterize the prison population from a comparative analysis, identifying, likewise, services and / or existing mediation projects and, finally, discusses, from its participants, conflicts and feasibility of using mediation in Specifically a Penitentiary. For the realization of the research have been used primary and secondary sources, with both quantitative and qualitative. The results of the investigation confirm that mediation is feasible and effective in the prison setting. Normal 0 21 false false false ES X-NONE X-NONE

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

    Directory of Open Access Journals (Sweden)

    Natalia Rodríguez Uribe

    2011-01-01

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

  2. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1990-05-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (January--March 1990) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. Also included are a number of enforcement actions that had been previously resolved but not published in this NUREG. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  3. Time-resolved ESR spectroscopy

    International Nuclear Information System (INIS)

    Beckert, D.

    1986-06-01

    The time-resolved ESR spectroscopy is one of the modern methods in radiospectroscopy and plays an important role in solving various problems in chemistry and biology. Proceeding from the basic ideas of time-resolved ESR spectroscopy the experimental equipment is described generally including the equipment developed at the Central Institute of Isotope and Radiation Research. The experimental methods applied to the investigation of effects of chemically induced magnetic polarization of electrons and to kinetic studies of free radicals in polymer systems are presented. The theory of radical pair mechanism is discussed and theoretical expressions are summarized in a computer code to compute the theoretical polarization for each pair of the radicals

  4. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1989-06-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (January--March 1989) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. Also included are a number of enforcement actions that had been previously resolved but not published in this NUREG. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  5. 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

  6. 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...

  7. 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...

  8. 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...

  9. 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...

  10. 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

  11. 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

  12. 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...

  13. 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...

  14. 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...

  15. 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...

  16. "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 ...

  17. 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...

  18. 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...

  19. 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...

  20. 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.

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

    Science.gov (United States)

    Glenn, David

    2008-01-01

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

  2. 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.

  3. 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)

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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)

  9. 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

  10. 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

  11. 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

  12. The abolition of war as a goal of environmental policy.

    Science.gov (United States)

    Snyder, Brian F; Ruyle, Leslie E

    2017-12-15

    Since the 1950s, select military and political leaders have had the capacity to kill all or nearly all human life on Earth. The number of people entrusted with this power grows each year through proliferation and the rise of new political leaders. If humans continue to maintain and develop nuclear weapons, it is highly probable that a nuclear exchange will occur again at some point in the future. This nuclear exchange may or may not annihilate the human species, but it will cause catastrophic effects on the biosphere. The international community has attempted to resolve this existential problem via treaties that control and potentially eliminate nuclear weapons, however, these treaties target only nuclear weapons, leaving the use of war as a normalized means for settling conflict. As long as war exists as a probable future, nations will be under pressure to develop more powerful weapons. Thus, we argue that the elimination of nuclear weapons alone is not a stable, long-term strategy. A far more secure strategy would be the elimination of war as a means of settling international disputes. Therefore, those concerned about environmental sustainability or the survival of the biosphere should work to abolish war. Copyright © 2017 Elsevier B.V. All rights reserved.

  13. Time-resolved quantitative phosphoproteomics

    DEFF Research Database (Denmark)

    Verano-Braga, Thiago; Schwämmle, Veit; Sylvester, Marc

    2012-01-01

    proteins involved in the Ang-(1-7) signaling, we performed a mass spectrometry-based time-resolved quantitative phosphoproteome study of human aortic endothelial cells (HAEC) treated with Ang-(1-7). We identified 1288 unique phosphosites on 699 different proteins with 99% certainty of correct peptide...

  14. Time-resolved vibrational spectroscopy

    Energy Technology Data Exchange (ETDEWEB)

    Tokmakoff, Andrei [Massachusetts Inst. of Technology (MIT), Cambridge, MA (United States); Champion, Paul [Northeastern Univ., Boston, MA (United States); Heilweil, Edwin J. [National Inst. of Standards and Technology (NIST), Boulder, CO (United States); Nelson, Keith A. [Massachusetts Inst. of Technology (MIT), Cambridge, MA (United States); Ziegler, Larry [Boston Univ., MA (United States)

    2009-05-14

    This document contains the Proceedings from the 14th International Conference on Time-Resolved Vibrational Spectroscopy, which was held in Meredith, NH from May 9-14, 2009. The study of molecular dynamics in chemical reaction and biological processes using time-resolved spectroscopy plays an important role in our understanding of energy conversion, storage, and utilization problems. Fundamental studies of chemical reactivity, molecular rearrangements, and charge transport are broadly supported by the DOE's Office of Science because of their role in the development of alternative energy sources, the understanding of biological energy conversion processes, the efficient utilization of existing energy resources, and the mitigation of reactive intermediates in radiation chemistry. In addition, time-resolved spectroscopy is central to all fiveof DOE's grand challenges for fundamental energy science. The Time-Resolved Vibrational Spectroscopy conference is organized biennially to bring the leaders in this field from around the globe together with young scientists to discuss the most recent scientific and technological advances. The latest technology in ultrafast infrared, Raman, and terahertz spectroscopy and the scientific advances that these methods enable were covered. Particular emphasis was placed on new experimental methods used to probe molecular dynamics in liquids, solids, interfaces, nanostructured materials, and biomolecules.

  15. Resolving Ethical Issues at School

    Science.gov (United States)

    Benninga, Jacques S.

    2013-01-01

    Although ethical dilemmas are a constant in teachers' lives, the profession has offered little in the way of training to help teachers address such issues. This paper presents a framework, based on developmental theory, for resolving professional ethical dilemmas. The Four-Component Model of Moral Maturity, when used in conjunction with a…

  16. 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.

  17. 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.

  18. Time-resolved measurements of luminescence

    Energy Technology Data Exchange (ETDEWEB)

    Collier, Bradley B. [Department of Biomedical Engineering, 408 Mechanical Engineering Office Building, Spence Street, Texas A and M University, College Station, TX 77843 (United States); McShane, Michael J., E-mail: mcshane@tamu.edu [Department of Biomedical Engineering, 408 Mechanical Engineering Office Building, Spence Street, Texas A and M University, College Station, TX 77843 (United States); Materials Science and Engineering Program, 408 Mechanical Engineering Office Building, Spence Street, Texas A and M University, College Station, TX 77843 (United States)

    2013-12-15

    Luminescence sensing and imaging has become more widespread in recent years in a variety of industries including the biomedical and environmental fields. Measurements of luminescence lifetime hold inherent advantages over intensity-based response measurements, and advances in both technology and methods have enabled their use in a broader spectrum of applications including real-time medical diagnostics. This review will focus on recent advances in analytical methods, particularly calculation techniques, including time- and frequency-domain lifetime approaches as well as other time-resolved measurements of luminescence. -- Highlights: • Developments in technology have led to widespread use of luminescence lifetime. • Growing interest for sensing and imaging applications. • Recent advances in approaches to lifetime calculations are reviewed. • Advantages and disadvantages of various methods are weighed. • Other methods for measurement of luminescence lifetime also described.

  19. Time-resolved measurements of luminescence

    International Nuclear Information System (INIS)

    Collier, Bradley B.; McShane, Michael J.

    2013-01-01

    Luminescence sensing and imaging has become more widespread in recent years in a variety of industries including the biomedical and environmental fields. Measurements of luminescence lifetime hold inherent advantages over intensity-based response measurements, and advances in both technology and methods have enabled their use in a broader spectrum of applications including real-time medical diagnostics. This review will focus on recent advances in analytical methods, particularly calculation techniques, including time- and frequency-domain lifetime approaches as well as other time-resolved measurements of luminescence. -- Highlights: • Developments in technology have led to widespread use of luminescence lifetime. • Growing interest for sensing and imaging applications. • Recent advances in approaches to lifetime calculations are reviewed. • Advantages and disadvantages of various methods are weighed. • Other methods for measurement of luminescence lifetime also described

  20. Minimum resolvable power contrast model

    Science.gov (United States)

    Qian, Shuai; Wang, Xia; Zhou, Jingjing

    2018-01-01

    Signal-to-noise ratio and MTF are important indexs to evaluate the performance of optical systems. However,whether they are used alone or joint assessment cannot intuitively describe the overall performance of the system. Therefore, an index is proposed to reflect the comprehensive system performance-Minimum Resolvable Radiation Performance Contrast (MRP) model. MRP is an evaluation model without human eyes. It starts from the radiance of the target and the background, transforms the target and background into the equivalent strips,and considers attenuation of the atmosphere, the optical imaging system, and the detector. Combining with the signal-to-noise ratio and the MTF, the Minimum Resolvable Radiation Performance Contrast is obtained. Finally the detection probability model of MRP is given.

  1. 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

  2. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1994-03-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (October - December 1993) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  3. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1992-11-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (July - September 1992) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  4. Disputas pela legitimação de lógicas de uso e apropriação do meio natural: conservação ambiental, representações e conflitos no entorno do Parque Nacional das Emas – GO Disputes for the legitimisation of logics of use and ownership of the natural environment: environmental conservation, representations and conflicts in the surroundings of Emas National Park - GO Disputas por la legitimación de lógicas de uso y apropiación del medio natural: conservación ambiental, representaciones y conflictos en el entorno del Parque Nacional de las Emas – GO

    Directory of Open Access Journals (Sweden)

    Lorena Cândido Fleury

    2010-01-01

    Full Text Available PortuguêsEste artigo visa discutir reconfigurações nas dinâmicas sociais a partir da incorporação de demandas provenientes da “questão ambiental”, tomando por base empírica o conflito no entorno do Parque Nacional das Emas, unidade de conservação ambiental localizada na divisa entre os estados de Goiás, Mato Grosso e Mato Grosso do Sul. Após observação direta, pesquisa documental, técnicas de associações livres de palavras e entrevistas semiestruturadas com 51 agentes na área de estudo, constata-se que a vivência coletiva da unidade de conservação possibilita uma atualização dos conflitos anteriormente existentes, podendo-se concluir que, nos embates pela apropriação do ambiente, estão em disputa sentidos culturais, pautados não apenas pelos interesses objetivos, mas também pelos significados que os distintos grupos sociais projetam para a construção comum do mundo ao seu redor.EnglishThis article aims to discuss reconfigurations in social dynamics starting from the incorporation of demands from "environmental issues", taking, on an empirical base, the conflict in the surroundings of EMAS National Park, environmental conservation unit located on the border of the States of Goiás, Mato Grosso and Mato Grosso do Sul. After direct observation, desk research, techniques of free associations of words and semi structured interviews with 51 agents in the area of study, it is noted that the collective experience of the conservation unit enables an update of previously existing conflicts. One can therefore conclude that in collisions by ownership of the environment, cultural senses are in dispute, guided not only by objective interests, but also by the meanings that different social groups design for the collective construction of the world around them.EspañolEste artículo visa discutir reconfiguraciones en las dinámicas sociales a partir de la incorporación de demandas provenientes de la “cuestión ambiental

  5. Sustainability, Risk Society and Genetically Modified Foods: Definitions Disputes and the Bill Nº 4.148/08

    Directory of Open Access Journals (Sweden)

    Maria Claudia da Silva Antunes de Souza

    2016-10-01

    Full Text Available The paper has for object the analysis of the Bill n. 4.148/08, which significantly changes the way the labeling of GM foods, replacing the currently existing symbol by a phrase inserted between other label data. It is the goal of the reserach to show that this proposal, beyond a mere legislative amendment least, is embedded in a much larger context and is living proof of the hypothesis of Professor Ulrich Beck that socially recognized risks would be subject and object of definitions disputes much less depend on scientific knowledge of what actually the political game that involves power, money, information and media space. In addition, it follows the assertion  in response to the problem of the research  that, in the light of the sustainability paradigm, the PL 4.148/08 represents an environmental setback and itself a threat to the construction of this new ethical imperative. In the methodology we used the inductive method in the investigation phase; in the data processing phase the Cartesian method and in the research report was employed the inductive base. They were also triggered the techniques of reference, category, operational concepts, bibliographic research and book report.

  6. The Interface between Human Needs and Environmental Protection ...

    African Journals Online (AJOL)

    The case study which is the focus of this article is the proposed development of a nuclear power plant at Thyspunt in the Eastern Cape which has become a contentious environmental dispute. The case examines the perceptions of key stakeholders, namely members of the St Francis Residents and Ratepayers Association, ...

  7. Combined strategic and tactical negotiation methodology for resolving complex brownfield conflicts

    Directory of Open Access Journals (Sweden)

    Keith W. Hipel

    2010-08-01

    Full Text Available An innovative negotiation methodology for strategic and tactical decision making is proposed for resolving conflicts in brownfield redevelopment. At the strategic level, the Graph Model for Conflict Resolution is systematically employed for determining a potential overall agreement, or set of resolutions, that is politically possible given the competing interests of the decision makers involved in a brownfield redevelopment project. At the tactical level, a possible strategic solution can be studied in depth using utility theory to determine trade-offs or concessions needed to reach a mutually acceptable detailed solution. Also, the proposed negotiation methodology can take into account the attitudes of negotiators and investigates the impact of the negotiators' attitudes on the outcome of negotiations at both levels of negotiation. The design of a negotiation decision support system is put forward to allow the proposed negotiation methodology to be conveniently applied to actual disputes.

  8. 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 ...

  9. 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.

  10. 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.

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

    OpenAIRE

    Casanovas, Pompeu

    2014-01-01

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

  12. 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...

  13. The Era of Global Disputes and Mass Media Distortions. Dialogue on Recognition, Justice and Democracy

    Czech Academy of Sciences Publication Activity Database

    Bittar, E.; Hrubec, Marek

    2017-01-01

    Roč. 8, č. 2 (2017), s. 146-154 ISSN 1338-130X Grant - others:AV ČR(CZ) StrategieAV21/15 Program:StrategieAV Institutional support: RVO:67985955 Keywords : global conflicts * international law * justice * mass media * recognition * democracy Subject RIV: AA - Philosophy ; Religion OBOR OECD: Political science https://www.communicationtoday.sk/era-global-disputes-mass-media-distortions-dialogue-recognition-justice-democracy-interview-marek-hrubec/

  14. 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.

  15. 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

  16. A Spatial Analysis and Game Theoretical Approach Over the Disputed Islands in the Aegean Sea

    Science.gov (United States)

    2016-06-01

    sovereignty of the “Gray Zone Islands” comes forth as the basic conflict between the two countries. This thesis proposes an approach to reconcile this...Thrace. It holds a very important position providing one of the major trade routes between the Eastern and Western worlds. It is the only way to the...disputed islands (Gray Zone Islands) During the 20th century, tensions between both countries have been strained by these issues. Furthermore, the two

  17. 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

  18. 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)

  19. 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.

  20. 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.

  1. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1993-09-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (April--June 1993) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  2. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1991-05-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (January--March 1991) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  3. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1991-02-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (October--December 1990) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  4. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1990-03-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (October--December 1989) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  5. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1990-11-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (July--September 1990) and includes copies of letters, notices, and orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  6. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1992-08-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (April--June 1992) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  7. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1990-09-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (April--June 1990) and includes copies of letters, notices, and orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  8. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1993-06-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (January--March 1993) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  9. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1992-05-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (January--March 1992) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  10. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1993-12-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (July--September 1993) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  11. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1993-03-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (October--December 1992) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  12. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1991-07-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (April-June 1991) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  13. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1991-11-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (July--September 1991) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  14. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1992-03-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (October--December 1991) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  15. Enforcement actions: Significant actions resolved

    International Nuclear Information System (INIS)

    1989-12-01

    This compilation summarizes significant enforcement actions that have been resolved during one quarterly period (July--September 1989) and includes copies of letters, Notices, and Orders sent by the Nuclear Regulatory Commission to licensees with respect to these enforcement actions. It is anticipated that the information in this publication will be widely disseminated to managers and employees engaged in activities licensed by the NRC, so that actions can be taken to improve safety by avoiding future violations similar to those described in this publication

  16. Time-resolved fluorescence spectroscopy

    International Nuclear Information System (INIS)

    Gustavsson, Thomas; Mialocq, Jean-Claude

    2007-01-01

    This article addresses the evolution in time of light emitted by a molecular system after a brief photo-excitation. The authors first describe fluorescence from a photo-physical point of view and discuss the characterization of the excited state. Then, they explain some basic notions related to fluorescence characterization (lifetime and decays, quantum efficiency, so on). They present the different experimental methods and techniques currently used to study time-resolved fluorescence. They discuss basic notions of time resolution and spectral reconstruction. They briefly present some conventional methods: intensified Ccd cameras, photo-multipliers and photodiodes associated with a fast oscilloscope, and phase modulation. Other methods and techniques are more precisely presented: time-correlated single photon counting (principle, examples, and fluorescence lifetime imagery), streak camera (principle, examples), and optical methods like the Kerr optical effect (principle and examples) and fluorescence up-conversion (principle and theoretical considerations, examples of application)

  17. 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.

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

    DEFF Research Database (Denmark)

    Jemielniak, Joanna

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

  19. National Dispute Resolution Chamber – Alternative Method of Conflict Resolution on Soccer

    Directory of Open Access Journals (Sweden)

    Amilar Fernandes Alves

    2016-12-01

    Full Text Available The soccer is still under studied and discussed in academic area, even though it has many mecanisms and singularities. One of the most recent mecanisms created is the National Dispute Resolution Chamber, sort of arbitration chamber created by CBF to solve all kind of conflicts. The NDRC has some particularities and conflicts with the national legal system, but it might be a faster and consensual way to solve the problems. Therefore we present the postive and negative points of the NDRC, make observations of its effects on the Justice and conclude indicating the posible alternatives.

  20. 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.

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

    Science.gov (United States)

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

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Matthias, Carmel

    2014-11-01

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

  3. 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.

  4. Environmental dosimetry

    International Nuclear Information System (INIS)

    Gold, R.

    1977-01-01

    For more than 60 years, natural radiation has offered broad opportunities for basic research as evidenced by many fundamental discoveries. Within the last decade, however, dramatic changes have occurred in the motivation and direction of this research. The urgent need for economical energy sources entailing acceptably low levels of environmental impact has compelled the applied aspects of our radiation environment to become overriding considerations. It is within this general framework that state-of-the-art environmental dosimetry techniques are reviewed. Although applied motivation and relevance underscores the current milieu for both reactor and environmental dosimetry, a perhaps even more unifying force is the broad similarity of reactor and environmental radiation fields. In this review, a comparison of these two mixed radiation fields is presented stressing the underlying similarities that exist. On this basis, the evolution of a strong inner bond between dosimetry methods for both reactor and environmental radiation fields is described. The existence of this bond will be illustrated using representative examples of observed spectra. Dosimetry methods of particularly high applicability for both of these fields are described. Special emphasis is placed on techniques of high sensitivity and absolute accuracy which are capable of resolving the components of these mixed radiation fields

  5. Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

    Directory of Open Access Journals (Sweden)

    Khairil Azmin Mokhtar

    2017-03-01

    Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

  6. THE ADVERSARIAL SYSTEM AND THE BEST INTERESTS OF THE CHILD IN DIVORCE LITIGATION: SOME THOUGHTS REGARDING COLLABORATIVE LAW AS A MEANS TO RESOLVE PARENTAL DISPUTES

    Directory of Open Access Journals (Sweden)

    JA Robinson

    2016-03-01

    Full Text Available In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means of litigation should be considered under upon divorce. Collaborative Law is suggested as a means to bear in mind. The fact that current practice of lawyer negotiations in respect of divorce is not too far removed from Collaborative Law may lead to practitioners readily accepting the concept.

  7. 林权纠纷处理与和谐海西林区构建研究——基于三明林权体制改革的实证分析%The Study on the Forest Rights Disputes and the Construction of Harmonious Forest in the West Side of the Straits Economic Zone——Based on Empirical Analysis of Forest Right System Reform in Sanming City

    Institute of Scientific and Technical Information of China (English)

    黄海棠

    2012-01-01

    随着集体林权制度改革在全国的深入开展,由于确权发证不明、林地价值回归、林业政策变动和人为因素等引发的林权纠纷纷纷呈现。根据科斯定理,解决林权纠纷的重点在于明晰产权,解决权属问题。因此,要有效预防并解决林权纠纷,就要做好清理遗留的林权纠纷、加强相关法律宣传、规范林权纠纷管理工作、完善林地流转定价机制和提高工作人员的专业能力和素质等一系列工作。%As the development of the collective forest right system reform in China,a lot of forest rights disputes appeared.They were triggered by the following reasons such as the certification is unknown,forest land value regression,forestry policy changes and some anthropogenic factors.According to the Coase theorem,the main point to solve forest rights disputes focus on clear property rights and solve ownership problem.Therefore,in order to prevent and resolve a dispute over the right of forest effectively,we should do a good job to clean the remaining forest rights disputes,strengthen the relevant legal advocacy,normative forest rights disputes,improve the management of forestland circulation and pricing mechanism and improve the professional ability and quality.

  8. Resolvability of regional density structure

    Science.gov (United States)

    Plonka, A.; Fichtner, A.

    2016-12-01

    Lateral density variations are the source of mass transport in the Earth at all scales, acting as drivers of convectivemotion. However, the density structure of the Earth remains largely unknown since classic seismic observables and gravityprovide only weak constraints with strong trade-offs. Current density models are therefore often based on velocity scaling,making strong assumptions on the origin of structural heterogeneities, which may not necessarily be correct. Our goal is to assessif 3D density structure may be resolvable with emerging full-waveform inversion techniques. We have previously quantified the impact of regional-scale crustal density structure on seismic waveforms with the conclusion that reasonably sized density variations within thecrust can leave a strong imprint on both travel times and amplitudes, and, while this can produce significant biases in velocity and Q estimates, the seismic waveform inversion for density may become feasible. In this study we performprincipal component analyses of sensitivity kernels for P velocity, S velocity, and density. This is intended to establish theextent to which these kernels are linearly independent, i.e. the extent to which the different parameters may be constrainedindependently. Since the density imprint we observe is not exclusively linked to travel times and amplitudes of specific phases,we consider waveform differences between complete seismograms. We test the method using a known smooth model of the crust and seismograms with clear Love and Rayleigh waves, showing that - as expected - the first principal kernel maximizes sensitivity to SH and SV velocity structure, respectively, and that the leakage between S velocity, P velocity and density parameter spaces is minimal in the chosen setup. Next, we apply the method to data from 81 events around the Iberian Penninsula, registered in total by 492 stations. The objective is to find a principal kernel which would maximize the sensitivity to density

  9. 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.

  10. Arbitrating a fiction: Canadian federalism and the Nova Scotia/Newfoundland and Labrador boundary dispute

    Energy Technology Data Exchange (ETDEWEB)

    Baier, G. [University of British Columbia, Dept. of Political Science, Vancouver, BC(Canada); Groarke, P.

    2003-09-30

    The dispute between the provinces of Nova Scotia and Newfoundland and Labrador, regarding ownership of natural resources to be found in the offshore area lying between the two provinces is discussed. Constitutionally, ownership of offshore natural resources belongs to the federal government. In this instance, the intention was to share control over development and revenues with the provinces through joint management accords, however, a dispute over offshore boundary arose, which eventually resulted in an arbitration tribunal. This paper analyzes the terms of reference for the tribunal and its findings, and concludes that the tribunal process was flawed. The authors cast doubts on the appropriateness of the tribunal's role, the method by which it reached its decision, and the legality of its findings. They conclude that the tribunal merely cloaks a political decision in legal garb since there are no genuine boundaries between the provinces, and the tribunal process simply apportioned federal resources between two provinces. The authors ultimately conclude that by resorting to the tribunal process the federal minister of natural resources was able to avoid political responsibility for making an unpopular decision by relying on a pseudo-judicial body for technical recommendations, and in so doing undermined the legitimacy of the Canadian federal system by obscuring the already murky lines of accountability of the federal and provincial governments. 57 end notes.

  11. 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.

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    Mostafa Babaeian Jelodar

    2015-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2017-03-01

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

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

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    Zakiyah Zakiyah

    2015-02-01

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

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

    Science.gov (United States)

    Benn, Suzanne; Jones, Richard

    2009-04-01

    This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion with government, environmentalists and the local community. The study describes the new processes and structures specifically designed to address the decision-making and the issues of stakeholder perception and identity construction which have influenced the outcomes. Decision-making in such disputes is often theorized from the perspective of the emergence of highly individualized and reflexive risk communities and changing modes and expectations of corporate responsibility as a result of detraditionalization. We argue that the stakeholder interaction in this study reflects competing discourses in which corporate actors prioritize the building and maintaining of identity and symbolic capital rather than an active collaboration to solve the ongoing issue of the waste. As well, issues of access to expert knowledge highlight the relationship between conditions of uncertainty, technoscientific expertise and identity. The events of the study highlight the challenges faced by contemporary technoscientific corporations such as chemicals companies as they must deliver on requirements of transparency and openness, while maintaining technoscientific capacity and strong internal identity. We conclude that the study demonstrates the co-existence of social processes of individualization and detraditionalization with quasi-traditions which maintain authority, thus challenging the radical distinctions made in the literature between modernity and late or reflexive modernity.

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

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    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.

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

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    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

  19. Imposing resolved turbulence in CFD simulations

    DEFF Research Database (Denmark)

    Gilling, L.; Sørensen, Niels N.

    2011-01-01

    In large‐eddy simulations, the inflow velocity field should contain resolved turbulence. This paper describes and analyzes two methods for imposing resolved turbulence in the interior of the domain in Computational Fluid Dynamics simulations. The intended application of the methods is to impose...

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

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    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