Sample records for sophists public disputations
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Transparency and public participation in WTO dispute settlement
Ahlborn, C.S.; Pfitzer, J.H.
2009-01-01
In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU
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Public private partnership construction project disputes in Nigeria ...
African Journals Online (AJOL)
This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria ...
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Mediating environmental disputes
Energy Technology Data Exchange (ETDEWEB)
Lake, L.M.
1977-09-01
Environmental disputes and lawsuits are examined. Site-specific disputes focus on visible physical phenomena, such as a power plant or local river, and have an immediacy and intensity about them that make it politically hazardous for public officials to assume responsibility for resolving them. As new precedents in environmental case law become less frequent and the number of disputes increases, alternative processes for environmental conflict resolution, such as third-party intervention, become appropriate. Third-party intervention techniques of fact finding, conflict avoidance, conciliation and mediation have been applied to international, labor, prison, school, racial, and hospital disputes. Underlying concepts are described. Two case studies, the Snoqualmie Dam dispute in Washington and the West Side Highway dispute in New York City, illustrate the basic elements associated with third-party intervention. 1 map, 17 references.
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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.
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Directory of Open Access Journals (Sweden)
Đundić Petar
2012-01-01
Full Text Available The paper discusses the need to protect the legitimacy of decision-making process in investment arbitration through public access to the proceedings. Unlike commercial arbitration, investment arbitration entails decisions on state responsibility for measures directed towards protection of environment, lives and health of its population or human rights. Presence of the public interest in such disputes brings under strong criticism a traditional characteristic of arbitration process - its confidentiality. The problem of democratic deficit of decision-making can be resolved, inter alia, by allowing persons who are not parties to the dispute to participate in the proceedings if they consider that their interest might be affected by arbitral award. The 2006 Arbitration Rules of International Centre for Settlement of Investment Disputes envisage, subject to approval of the Tribunal, the right of a non-disputing party to file a written submission with the Tribunal regarding a factual or legal issue connected with the subject matter of the dispute. However, without right of those entities to attend arbitral hearings and, more importantly, without their access to documents submitted during the proceedings, this is not by far enough to give 'friends of the court' a meaningful and significant role.
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48 CFR 1233.214 - Alternative dispute resolution (ADR).
2010-10-01
... Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1990, Public Law... Specialist, who is responsible for the operations of the Center for Alternative Dispute Resolution, (C-4... alternative means of dispute resolution set forth in the ADRA, 5 U.S.C. 571(3) on a non-reimbursable basis for...
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ALTERNATIVE DISPUTE RESOLUTION
Directory of Open Access Journals (Sweden)
Mihaela Irina IONESCU
2016-05-01
Full Text Available Alternative dispute resolution (ADR includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC No 2006/2004 and Directive 2009/22/EC (hereinafter „Directive 2013/11/EU” aims to ensure a high level of consumer protection and the proper functioning of the internal market by ensuring that complaints against traders can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are independent, impartial, transparent, effective, simple,quick and fair. Directive 2013/11/EU establishes harmonized quality requirements for entities applying alternative dispute resolution procedure (hereinafter "ADR entity" to provide the same protection and the same rights of consumers in all Member States. Besides this, the present study is trying to present broadly how are all this trasposed in the romanian legislation.
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DEFF Research Database (Denmark)
Hindelang, Steffen
aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...
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Sophisticated Players and Sophisticated Agents
Rustichini, A.
1998-01-01
A sophisticated player is an individual who takes the action of the opponents, in a strategic situation, as determined by decision of rational opponents, and acts accordingly. A sophisticated agent is rational in the choice of his action, but ignores the fact that he is part of a strategic
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42 CFR 50.404 - What disputes are covered by these procedures?
2010-10-01
... 42 Public Health 1 2010-10-01 2010-10-01 false What disputes are covered by these procedures? 50.404 Section 50.404 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS POLICIES OF GENERAL APPLICABILITY Public Health Service Grant Appeals Procedure § 50.404 What disputes are...
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Alderman, Jess; Dollar, Katherine M; Kozlowski, Lynn T
2010-04-01
Scientific disputes about public health issues can become emotional battlefields marked by strong emotions like anger, contempt, and disgust. Contemporary work in moral psychology demonstrates that each of these emotions is a reaction to a specific type of moral violation. Applying this work to harm reduction debates, specifically the use of smokeless tobacco to reduce harm from tobacco use, we attempt to explain why some public health disputes have been so heated. Public health ethics tend to emphasize social justice concerns to the exclusion of other moral perspectives that value scientific authority, professional loyalty, and bodily purity. An awareness of their different emotional reactions and underlying moral motivations might help public health professionals better understand each others' viewpoints, ultimately leading to more productive dialogue.
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Alternative Dispute Resolution : A Viable Method for Settling Government Contract Disputes
1993-06-01
Estoppel : Using Preclusion to Shape Procedural Choices," 63 Tulane Law Review 20, 1988. Murray, "Lawyers and Alternative Dispute Resolution Success," 14...1988. Shell, "Res Judicata and Collateral Estoppel Effects of Commercial Arbitration," 35 UCLA Law Review 623, 1988. Shell, "The Role of Public Law in
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Nationalism: The Media, State, and Public in the Senkaku/Diaoyu Dispute
2015-03-01
Spratly Islands Dispute Brunei, China, Malaysia , Philippines, Taiwan, and Vietnam all claim sovereignty over a group of islands, rocks, and reefs in the...South China Sea, known internationally as the Spratly islands. Brunei, Malaysia , Philippines, and Vietnam claim only a portion, while China and...continued its attempt to manage both domestic support and negative consequences over the dispute. In March, the Diet adopted a resolution on the SDI
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Chang, Kevin
2007-06-01
Kant's disputation of 1770 at his inauguration as the metaphysics professor at Königsberg is a good example of the nature of the early modern dissertation and its use as a means of communicating knowledge. The public disputation played an important part in the teaching, examination, publication and ceremonial life of the medieval university. Originally prepared as a text for the public disputation, the dissertation communicated the teachings of individual scholars and institutions and was used by eminent early modern scholars to introduce their ideas and findings. Kant's use of his 1770 disputation also reveals the different channels of communication, both private and public, that paid close attention to knowledge published in dissertations.
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DEFF Research Database (Denmark)
, individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes...... in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics....... century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions...
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Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone
Benoit P. Freyens
2011-01-01
In many countries the arbitration of dismissal disputes by public tribunals and state agencies is regarded as slow and expensive. Some common law countries, including the United States and Australia, are privatizing dispute resolution on the premise that this is more efficient than using statutory channels, and it is thus perceived as a better method of settling disputes. Previous advances in statutory law regarding the arbitration of dismissal disputes have been either rescinded or circumven...
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Prediction of future dispute concerning nuclear power generation
International Nuclear Information System (INIS)
1981-04-01
This investigation is the third research on the public acceptance of nuclear power generation by the National Congress on Social Economics. In this study, how the energy dispute including that concerning nuclear power generation will develop in 1980s and 1990s, how the form of dispute and the point of controversy will change, were predicted. Though the maintenance of the concord of groups strongly regulates the behavior of people, recently they have become to exercise individual rights frequently. The transition to the society of dispute is the natural result of the modernization of society and the increase of richness. The proper prediction of social problems and the planning and execution of proper countermeasures are very important. The background, objective, basic viewpoint, range and procedure of this investigation, the change of social dispute, the history of the dispute concerning nuclear power generation, the basic viewpoint in the prediction of the dispute concerning nuclear power generation, the social situation in 1980s, the prediction and avoidance of the dispute in view of social and energy situations, and the fundamental strategy for seeking a clue to the solution in 1980s and 1990s are described. The establishment of neutral mediation organs and the flexible technologies of nuclear reactors are necessary. (Kako, I.)
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Melanie Klein and Anna Freud: the discourse of the early dispute.
Viner, R
1996-01-01
Divisions in the field of the psychoanalysis of children can be traced to a dispute over the infantile super-ego between the theorists Melanie Klein and Anna Freud beginning in 1927. These divisions are understood within the analytic world as the result of scientific disputation between alternative valid theories. An examination of the language, claims, and epistemology of Klein's and Freud's publications in 1927 that marked the public commencement of the conflict, reveals a personalized discourse in which authority was derived from the allegiance, experience, and personal analytic standing of the contestants as much as from theoretical insight. The structure and rhetoric of the debate suggest that, rather than terminating the dispute, the publications of 1927 served to encourage professionalization in child analysis and establish Anna Freud and Melanie Klein as authoritative alternative theorists.
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Overview of alternative dispute resolution in healthcare disputes.
Saravia, A
1999-01-01
Various methods of alternative dispute resolution have gained wide acceptance in general commercial disputes. With the ever-increasing commercialization of the healthcare industry, many participants are examining ADR as a means of resolving disputes in this area as well. This Commentary provides an overview of the two most prevalent forms of ADR (arbitration and mediation), and discusses ongoing legislative, judicial, and industry activities that will guide the application of ADR in the healthcare arena.
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42 CFR 422.311 - RADV audit dispute and appeal processes.
2010-10-01
... Organizations § 422.311 RADV audit dispute and appeal processes. (a) Risk adjustment data validation (RADV) audits. In accordance with § 422.2 and § 422.310(e), CMS annually conducts RADV audits to ensure risk... 42 Public Health 3 2010-10-01 2010-10-01 false RADV audit dispute and appeal processes. 422.311...
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Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?
Directory of Open Access Journals (Sweden)
Kristin Hero
2011-12-01
Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany
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Potential of mediation for resolving environmental disputes related to energy facilities
Energy Technology Data Exchange (ETDEWEB)
None
1979-12-01
This study assesses the potential of mediation as a tool for resolving disputes related to the environmental regulation of new energy facilities and identifies possible roles the Federal government might play in promoting the use of mediation. These disputes result when parties challenge an energy project on the basis of its potential environmental impacts. The paper reviews the basic theory of mediation, evaluates specific applications of mediation to recent environmental disputes, discusses the views of environmental public-interest groups towards mediation, and identifies types of energy facility-related disputes where mediation could have a significant impact. Finally, potential avenues for the Federal government to encourage use of this tool are identified.
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Use of alternative dispute resolution--HHS. Notice of interim policy.
1992-10-27
The Department has developed an interim policy to address the use of alternative dispute resolution (ADR) as required by the Administrative Dispute Resolution Act (ADR Act), Public Law No. 101-552. This interim policy also responds to the Negotiated Rulemaking Act, Public Law No. 101-648, and relevant elements of the Executive Order on Civil Justice Reform (E.O. 12778). The Department is adopting an interim policy because we need a baseline of experience and knowledge from our own pilot activities and those of other agencies before finalizing a policy.
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48 CFR 5452.233-9001 - Disputes: Agreement To Use Alternative Dispute Resolution (ADR).
2010-10-01
... Alternative Dispute Resolution (ADR). 5452.233-9001 Section 5452.233-9001 Federal Acquisition Regulations... of Provisions and Clauses 5452.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution... Alternative Dispute Resolution (ADR) (APR 2001)—DLAD (a) The parties agree to negotiate with each other to try...
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Burkardt, Nina; Ruell, Emily W.
2012-01-01
Water resources in parts of the Western United States are over-allocated, which intensifies the pressure to support water management decisions with strong scientific evidence. Because scientific studies sometimes provide uncertain or competing results or recommendations, science can become a source of disputes during decision-making processes. The Bureau of Reclamation (Reclamation) is an important water manager in the Western United States, and Reclamation decision processes are often contested by a variety of affected constituencies. We conducted a Web-based survey of Reclamation employees to determine (1) which types of disputes over science are occurring and how common they are, (2) which approaches have been used by Reclamation to try to resolve these different types of disputes, (3) how useful Reclamation employees find these approaches at resolving these types of disputes, (4) the final outcomes of these disputes and the decision-making processes that were hindered by the disputes over science, and (5) the potential usefulness of several different types of dispute resolution resources that Reclamation could provide for employees that become involved in disputes over science. The calculated minimum response rate for the survey was 59 percent. Twenty-five percent of respondents indicated that they had been involved in a dispute over science while working at Reclamation. Native species and species listed under the Endangered Species Act of 1973 were the most common issue types reported in these disputes over science. Survey respondents indicated that they used a variety of approaches to resolve disputes over science and rated most approaches as either neutral or somewhat helpful in these endeavors. Future research is needed to determine whether there are additional variables underlying these disputes that were not measured in this survey that may identify when dispute resolution methods are most effective, or whether resolving aspects of these disputes, such as
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41 CFR 102-38.315 - Are we required to use Alternative Disputes Resolution for sales contracts?
2010-07-01
... Alternative Disputes Resolution for sales contracts? 102-38.315 Section 102-38.315 Public Contracts and... required to use Alternative Disputes Resolution for sales contracts? No, you are not required to use Alternative Disputes Resolution (ADR) for sales contracts. However, you are encouraged to use ADR procedures...
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When not to copy: female fruit flies use sophisticated public information to avoid mated males
Loyau, Adeline; Blanchet, Simon; van Laere, Pauline; Clobert, Jean; Danchin, Etienne
2012-10-01
Semen limitation (lack of semen to fertilize all of a female's eggs) imposes high fitness costs to female partners. Females should therefore avoid mating with semen-limited males. This can be achieved by using public information extracted from watching individual males' previous copulating activities. This adaptive preference should be flexible given that semen limitation is temporary. We first demonstrate that the number of offspring produced by males Drosophila melanogaster gradually decreases over successive copulations. We then show that females avoid mating with males they just watched copulating and that visual public cues are sufficient to elicit this response. Finally, after males were given the time to replenish their sperm reserves, females did not avoid the males they previously saw copulating anymore. These results suggest that female fruit flies may have evolved sophisticated behavioural processes of resistance to semen-limited males, and demonstrate unsuspected adaptive context-dependent mate choice in an invertebrate.
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Resolution of consumer disputes through arbitration with special regard on insurance disputes
Directory of Open Access Journals (Sweden)
Tomić-Petrović Nataša
2014-01-01
Full Text Available Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.
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2013-05-09
... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS455] WTO Dispute Settlement...
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2011-08-19
... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning anti-dumping measures... of the World Trade Organization, http://www.wto.org . Comments open to public inspection may be... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...
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Improvement of national legislation in alternative resolution of legal disputes area
Directory of Open Access Journals (Sweden)
Ярослав Павлович Любченко
2016-01-01
Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which
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2012-06-04
... Establishing the World Trade Organization (``WTO Agreement'') with the Government of India (``India... Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...
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2013-09-23
... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping and [[Page... available on the Web site of the World Trade Organization, at www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS464] WTO Dispute Settlement...
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2012-03-27
... Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures prohibitions... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS430] WTO Dispute Settlement...
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Alternative Dispute Resolution to the Rescue.
Kassberg, Maria
1989-01-01
Examines the use of mediation and arbitration to settle civil disputes which have been traditionally settled through the courts. Discusses the advantages of alternative forms of dispute resolution. Describes the operations of dispute resolution centers and provides information about the individuals who serve as dispute mediators. (KO)
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The Body Language Behaviours of the Chairs of the Disputes According to the Disputants
Caliskan, Nihat
2009-01-01
The perception form of the body language behaviours of the session chairs by disputants affects the efficiency of the process. Therefore, it is important to determine the effects of the mimic, gesture, physical appearance and tonality and accent of the chairs on disputants. That research was conducted to clarify how the disputants perceive the…
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DEFF Research Database (Denmark)
Burke, Danita Catherine
2018-01-01
This is an article written for the Oxford Research Group "Sustainable Security" series. It gives an overview of the dispute of the Northwest Passage and discusses factors which will contribute to the evolution of the dispute in the 21st century. This short contribution summarizes and adds to the ...... to the research recently published by the author through Palgrave Macmillan, Danita Catherine Burke, 2018, International Disputes and Cultural Ideas in the Canadian Arctic...
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2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Disputes. 226.90 Section 226.90 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS Miscellaneous § 226.90 Disputes. (a) Any dispute under or relating to a grant or agreement shall...
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International Construction Disputes in Denmark
DEFF Research Database (Denmark)
Cavaleri, Sylvie Cécile
2016-01-01
The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments to the sys......The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments...
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2013-02-22
... Agreement Establishing the World Trade Organization (AWTO [email protected]). That request may be found at www.wto... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS447] WTO Dispute Settlement...
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2011-03-07
... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... on the Web site of the World Trade Organization, http://www.wto.org . Comments open to public... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS414] WTO Dispute Settlement...
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2012-07-30
... Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org... available on the Web site of the World Trade Organization, www.wto.org . Comments open to public inspection... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS431] WTO Dispute Settlement...
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2013-03-18
... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... the World Trade Organization, at www.wto.org . Comments open to public inspection may be viewed at www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement...
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Directory of Open Access Journals (Sweden)
Aleksandra Stoilkovska
2015-06-01
Full Text Available Disputes resolved with the use of mediation as a form of dispute resolution are rare (or at striking level in the practice in our country. In order to increase the number of disputes that were successfully completed based on mediation, it is necessary for the people to know about the alternative forms of resolving litigation. The lack of information contributes to the lack of trust in any resolution of the dispute except in the court. There is also the positive practice of resolving disputes through mediation macular placed in public. This Paper treats the action research which aims to connect the people awareness of mediation as a form of negotiation through which can quickly and easily, without major financial implications, to resolve any dispute. This paper is based on a survey with the members of Chamber of Mediators of the Republic of Macedonia. These results clearly confirm the lack of information among the local population about the forms of dispute resolution that are available and the benefits they offer.
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Institute of Scientific and Technical Information of China (English)
俞利平; 任继升
2013-01-01
The construction of conflicts and disputes multiple solution mechanism is a common subject facing all the countries in the aspects of disputes solution and judicial system development .Solving social conflicts and disputes is a major research subject for current public security organs .This paper analyzes the role and function of public security organs in solving conflicts and disputes based on the relevant theories , points out the difficulties fa-cing public security organs in solving conflicts and disputes and put forwards some proposals as to the construction of a multiple solution mechanism .%矛盾纠纷多元解决机制是当今世界各国在纠纷解决和司法制度发展中面临的共同课题，化解社会矛盾纠纷，则成为公安机关现阶段的一个重要研究课题。以新时期公安机关参与矛盾纠纷多元解决机制的理论基础为依据，分析公安机关在化解矛盾纠纷多元机制中的主体地位和作用，找出公安机关在化解矛盾纠纷多元机制中的困境，提出完善公安机关化解矛盾纠纷多元机制的建议。
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Pension fund sophistication and investment policy
de Dreu, J.|info:eu-repo/dai/nl/364537906; Bikker, J.A.|info:eu-repo/dai/nl/06912261X
This paper assesses the sophistication of pension funds’ investment policies using data on 748 Dutch pension funds during the 1999–2006 period. We develop three indicators of sophistication: gross rounding of investment choices, investments in alternative sophisticated asset classes and ‘home bias’.
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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.
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48 CFR 1433.214 - Alternative dispute resolution (ADR).
2010-10-01
... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 1433.214 Alternative dispute resolution (ADR). DOI strongly encourages the use of ADR in the resolution of disputes in lieu of...
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48 CFR 3033.214 - Alternative dispute resolution (ADR).
2010-10-01
..., DISPUTES, AND APPEALS Disputes and Appeals 3033.214 Alternative dispute resolution (ADR). (c) The Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C. 571, et seq., authorizes and... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...
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46 CFR 205.5 - Contracts containing disputes article.
2010-10-01
... 46 Shipping 8 2010-10-01 2010-10-01 false Contracts containing disputes article. 205.5 Section 205... AUDIT APPEALS; POLICY AND PROCEDURE § 205.5 Contracts containing disputes article. When a contract contains a disputes article, the disputes article will govern the bases for negotiating disputes regarding...
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Alternative Dispute Resolution – Justice without Trial?
Directory of Open Access Journals (Sweden)
Angelica Roşu
2012-05-01
Full Text Available This research is proposed to analyze the alternative means of dispute resolution, as an alternativeof justice, or as a justice alternative, after studying both European critical literature and national one. Thephrase „alternative dispute resolution” means any alternative way of dispute resolution method whereby two ormore people try using a third party to reach a solution to the problem that precludes them, whether it ismediation, conciliation, assisted negotiation. In this research, we proposed to use the observation as a commonmethod. We concluded that the main reason of the alternative means for dispute resolution results from thepossibility to avoid the judicial system that makes it available for the litigants. It was also shown that users ofalternative means for dispute resolution not seek to resolve the dispute outside a court as an amicablesettlement, negotiated, consensual of their dispute.
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SETTLEMENT OF BANKING DISPUTE IN INDONESIA
Directory of Open Access Journals (Sweden)
Denico Doly
2014-03-01
Full Text Available This article talks about dispute between costumer and the bank. Settlement of disputes should be resolved by the principle of fast, accurate and cheap. Issues raised in this paper is how an ideal dispute resolution process to resolve dispute banking. This paper describes the advantages and disadvantages in any dispute resolution process both through litigation and non litigation. Based in the principles of fast, accurate and cheap it is explained that banks in Indonesia must resolve their disputes through non litigation or ADR. Tulisan ini membicarakan mengenai penyelesaian sengketa antara nasabah dengan bank. Penyelesaian sengketa harusnya diselesaikan dengan prinsip cepat, tepat dan murah. Permasalahan yang diangkat dalam tulisan ini yaitu bagaimana proses penyelesaian sengketa yang ideal dalam menyelesaikan sengketa perbankan. Tulisan ini menggambarkan mengenai kelebihan dan kekurangan dalam setiap proses penyelesaian sengketa baik melalui jalur litigasi maupun non litigasi. Berdasarkan prinsip cepat, tepat dan murah maka dipaparkan bahwa perbankan di Indonesia harus menyelesaikan sengketanya melalui jalur non litigasi atau ADR.
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The uses of alternative dispute resolution to resolve genetic disputes. Final report
Energy Technology Data Exchange (ETDEWEB)
Stein, Robert E.
2003-01-01
The report sets out lessons learned while carrying out the study. It concludes that genetic disputes will increase in number and that ADR processes including mediation, arbitration, the use of independent experts and court-appointed masters can be helpful in resolving them. It suggests additional effort on bioremediation, and workplace disputes and training for ADR neutrals.
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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...
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Gibson, Walker
1993-01-01
Discusses the thinking of the Greek Sophist philosophers, particularly Gorgias and Protagoras, and their importance and relevance for contemporary English instructors. Considers the problem of language as signs of reality in the context of Sophist philosophy. (HB)
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48 CFR 33.214 - Alternative dispute resolution (ADR).
2010-10-01
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Alternative dispute... GENERAL CONTRACTING REQUIREMENTS PROTESTS, DISPUTES, AND APPEALS Disputes and Appeals 33.214 Alternative dispute resolution (ADR). (a) The objective of using ADR procedures is to increase the opportunity for...
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Leland, Brian D; Torke, Alexia M; Wocial, Lucia D; Helft, Paul R
2017-10-01
Futility disputes in the intensive care unit setting have received significant attention in the literature over the past several years. Although the idea of improving communication in an attempt to resolve these challenging situations has been regularly discussed, the concept and role of trust building as the means by which communication improves and disputes are best navigated is largely absent. We take this opportunity to review the current literature on futility disputes and argue the important role of broken trust in these encounters, highlighting current evidence establishing the necessity and utility of trust in both medical decision-making and effective communication. Finally, we propose a futility dispute navigation model built upon improved communication through trust building.
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International trade disputes in modern regulatory paradigm
Directory of Open Access Journals (Sweden)
Tamara Gordeeva
2013-09-01
Full Text Available This article studies the latest trends observed in the area of contradictory relations between countries with regard to international trade, which cause changes in the paradigm of international trade disputes. It has been found out that any state of inconsistent relations between the countries is recently characterized as a «trade war». It has been analyzed the notions of «dispute», «conflict», «war» according to international regulatory documents and determined the applicability of these terms depending on a number of criteria. It has been studied the evolution of the objects of international trade disputes since the time of ancient Greece until today, and new trends based on this have been revealed with regard to use of trade policy instruments that cause disputes between countries. Several specific examples of international trade disputes and causes of their occurrence have been considered. A quantitative analysis of international trade disputes in general and in relations between the leading countries in terms of a number of the trade disputes in which they were involved has been performed.
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Quantitative Research: A Dispute Resolution Model for FTC Advertising Regulation.
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…
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13 CFR 130.630 - Dispute resolution procedures.
2010-01-01
... organization has supplied the Committee with all requested documentation. (b) Programmatic (non-financial... DEVELOPMENT CENTERS § 130.630 Dispute resolution procedures. (a) Financial Disputes. (1) A recipient organization wishing to resolve a financial Dispute formally must submit a written statement describing the...
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47 CFR 1.18 - Administrative Dispute Resolution.
2010-10-01
... adopted an initial policy statement that supports and encourages the use of alternative dispute resolution... policy to encourage the fullest possible use of alternative dispute resolution procedures in its... provisions dealing with confidentiality, shall also be applied in Commission alternative dispute resolution...
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14 CFR 17.31 - Use of alternative dispute resolution.
2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Use of alternative dispute resolution. 17... PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.31 Use of alternative dispute resolution. (a) The Office of Dispute Resolution for Acquisition shall encourage the...
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5 CFR 9701.705 - Alternative dispute resolution.
2010-01-01
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative dispute resolution. 9701.705... HUMAN RESOURCES MANAGEMENT SYSTEM Appeals § 9701.705 Alternative dispute resolution. The Department and OPM recognize the value of using alternative dispute resolution methods such as mediation, an...
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Austrägalgerichtsbarkeit – Interstate Dispute Settlement in a Confederate Arrangement, 1815 to 1866
Directory of Open Access Journals (Sweden)
Jakob Zollmann
2016-01-01
Full Text Available This article analyses the interstate dispute settlement mechanisms between member states of the German Confederation (Deutscher Bund. The question as to how disputes between German sovereigns should be decided already had a long (pre-history dating back to the Middle Ages. Article 11 IV of the German Federal Act (1815 (Bundesakte was the basic norm of the so-called Austrägal jurisdiction enacted to resolve disputes between states of the German Confederation and stipulated the manner in which the dispute was to be brought to ›court‹ (Austrägalinstanz. During the period of the German Confederation, 10 out of 25 German courts of third instance handled altogether 54 Austrägal cases. Whereas Austrägal jurisdiction was no longer present in the German Kaiserreich, Emperor William II and the professor of public law Paul Laband attempted to resurrect the idea, but failed due to the resistance of the other German princes.
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Construction dispute research conceptualisation, avoidance and resolution
2014-01-01
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ se...
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36 CFR 251.103 - Mediation of term grazing permit disputes.
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...
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Alternative dispute resolution mechanisms, plea bargain and ...
African Journals Online (AJOL)
Conflicts, disputes, disagreements, problems and issues are inevitable in human affairs. Most of these disputes and problems in some circumstances give rise to offences for which a criminal prosecution becomes necessary. One can say that Alternative Dispute Resolution (ADR) is used all round the world to resolve ...
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Directory of Open Access Journals (Sweden)
Jeretina Urša
2016-06-01
Full Text Available The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR. In theory, Alternative Dispute Resolution (hereinafter: ADR is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles
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20 CFR 627.805 - Alternative dispute resolution.
2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Alternative dispute resolution. 627.805... Law Judges § 627.805 Alternative dispute resolution. (a) Parties to a complaint under § 627.801 of... administrative hearing before the OALJ by choosing to transfer the settlement of their dispute to an individual...
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The role of mediation in resolving contract disputes
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...
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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.
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Alternative dispute resolution of medical-legal issues.
Barton, H M
1991-02-01
Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.
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48 CFR 6101.54 - Alternative dispute resolution [Rule 54].
2010-10-01
... CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.54 Alternative dispute resolution [Rule 54]. (a) Availability of alternative dispute resolution (ADR) procedures at the Board. The... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...
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25 CFR 1000.422 - How must disputes be handled?
2010-04-01
... Title I-eligible program disputes may use non-binding informal alternative dispute resolution at the... this alternative dispute resolution any time before the issuance of an initial decision of a formal appeal(s). The appeals timetable will be suspended while alternative dispute resolution is pending. ...
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14 CFR 17.33 - Election of alternative dispute resolution process.
2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Election of alternative dispute resolution... TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.33 Election of alternative dispute resolution process. (a) The Office of Dispute Resolution for...
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Bonneuil, Christophe; Levidow, Les
2012-02-01
The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the 'plant and animal health' category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant's regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel's findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel's SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC's regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of 'science-based trade discipline', while also constructing new scientific expertise for the main task--namely, challenging trade restrictions for being unduly cautious.
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Directory of Open Access Journals (Sweden)
Angelica Rosu
2009-06-01
Full Text Available At present, no generally applied international ADR rules exist. However, manylegislative initiatives registered in time. The United Nations Commission on International TradeLaw adopted, thus, a Model Law on International Commercial Conciliation in 2002. The EuropeanUnion has also been active in the area of ADR presenting in May 2008 a Directive on CertainAspects of Mediation in Civil and Commercial Matters that represents its most important initiativesin this field. There are also various international conventions that deal with dispute resolution suchas the International Convention on the Settlement of Investment Disputes. The many legislativeinitiatives are useful, even necessary.
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Financial System of Malaysia: the Concept of Financial Dispute
Directory of Open Access Journals (Sweden)
Evgenia E. Frolova
2017-01-01
Full Text Available Purpose: the article examines the main problems associated the new regulatory acts of Malaysia – the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013; The characteristics of the legal status of the "Ombudsman for financial services" are listed, types of financial disputes subject to settlement under the "financial ombudsman scheme" are listed, parties to the financial dispute are identified. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Malaysia that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority. Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia. Results: according to the provisions of the new laws of Malaysia, namely the Financial Services Act of 2013 and the Islamic Financial Services Act of 2013, a financial dispute should be understood as a dispute, to which the parties are a financial consumer and a financial service provider provider. Financial disputes include disputes in the field of insurance and Islamic insurance, as well as disputes over bank cards, bank accounts, ATMs, Internet banking, mobile banking, and others. The main body for the settlement of financial disputes is the Financial Ombudsman. The competence of the financial ombudsman is limited by the amount of the claim of 250,000 ringgit (about 4.5 million rubles, under insurance claims – 10,000 ringgit, in the field of unauthorized transactions – 25,000 ringgit. The procedure for resolving a financial dispute, which in Malaysia is referred to as the "scheme of a financial ombudsman", is established by the Central Bank of Malaysia
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76 FR 55217 - Procedures for Protests and Contracts Dispute
2011-09-07
... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Amdt. No. 17-1] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early...
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48 CFR 5433.214. - Alternative Dispute Resolution (ADR).
2010-10-01
... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative Dispute Resolution (ADR). 5433.214. Section 5433.214. Federal Acquisition Regulations System DEFENSE LOGISTICS AGENCY, DEPARTMENT OF DEFENSE PROTESTS, DISPUTES AND APPEALS 5433.214. Alternative Dispute Resolution (ADR). The...
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48 CFR 833.214 - Alternative dispute resolution (ADR).
2010-10-01
... Alternative dispute resolution (ADR). Contracting officers and contractors are encouraged to use alternative dispute resolution (ADR) procedures. CBCA guidance on ADR may be obtained at http://www.cbca.gsa.gov. ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Alternative dispute...
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DISPUTE RESOLUTION AND MEDIATION ON CAPITAL MARKET
Directory of Open Access Journals (Sweden)
CRISTIAN GHEORGHE
2011-04-01
Full Text Available Capital Market is usually depicted as a place for experts, for people with high trading skills. This is a half truth. There are entities established and functioning under strict scrutiny of Romanian National Securities Commission (RNSC, in compliance with Capital Market Law and regulations. There are also the investors, in many cases individuals involved in shares/financial instruments trade. In both cases disputes can rise. Disputes are inevitable a part of human interaction, hence the need for dispute resolution. First option is the judicial court system. Alternative dispute resolution comprises arbitration and mediation. Arbitration is an alternative choice to provide simpler, speedier and more accessible justice than ordinary courts as well as expertise in matters that are technical in nature and require special knowledge to adjudicate upon. Capital Market environment provides an institutional arbitration court for all participants, including investors. In many cases the agreement executed between participants under RNSC scrutiny The other option for settling disputes outside the court is mediation. Mediation can provide a much cheaper and quick extrajudicial resolution of disputes in commercial matters without time consuming procedures and rigid rules. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to foster the commercial relationship between the parties. The interaction between investors and brokerage houses is based on investment services agreement concluded by parties. This is the usual framework for disputes between parties and the usual “landscape” for mediation on capital market.
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Disputing strategies in medieval Scandinavia
DEFF Research Database (Denmark)
Orning, Hans Jacob
In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour...... studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies....
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45 CFR 60.16 - How to dispute the accuracy of National Practitioner Data Bank information.
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...
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13 CFR 134.216 - Alternative dispute resolution procedures.
2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Alternative dispute resolution....216 Alternative dispute resolution procedures. At any time during the pendency of a case, the parties may submit a joint motion requesting that the Judge permit the use of alternative dispute resolution...
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International Nuclear Information System (INIS)
Ferrier, R.W.
1988-01-01
This paper traces the history of the Anglo-Iranian oil dispute. It is short-sighted to consider the Anglo-Iranian oil dispute just as a contest between Musaddiq and the AIOC: it is of wider and greater significance. The dispute illustrates a transitional phase in the difficult process of the adjustment of relations between industrialized and less developed societies for the exploitation of raw materials. Oil was already becoming a political and economic factor at the end of the Qajar period and became important during the reign of Riza Shah with his emphasis on a national program of modernization. After more attention had been focused on it during the second world war it was inevitable that it would increase in influence. The issues of the oil dispute referred back to the concessional controversies of the late nineteenth century in tobacco, mining, communications, utilities, banking even gambling, with their political and social implications; and they referred forward to the issues of the sovereignty of national resources, the transfer of technology and economic growth in relation to the standard of living. These are aspects of the North-South debate, which have yet to be satisfactorily resolved
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Trend Spotting: NAFTA Disputes After Fifteen Years
Lawrence L. Herman
2010-01-01
Cross-border investment disputes have supplanted trade disputes as the main focus of legal actions under the North American Free Trade Agreement (NAFTA), according to this study. The author finds a growing number of these investment disputes entail challenges by American investors against Canada's provincial, as opposed to federal, laws and regulations. So important constitutional issues need clarifying between Ottawa and the provinces. He notes as party to the treaty, Ottawa must carry the b...
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Mediation in complex multi-party disputes
Kamminga, Y.P.; Blohorn-Brenneur, B.
2013-01-01
Mediation is on the rise but it is lagging behind in certain fields such as in the resolution of complex disputes. This article addresses how biases in the decision-making process for selecting either mediation or litigation surrounding dispute resolution works in the disadvantage of mediation. It
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25 CFR 42.4 - What are alternative dispute resolution processes?
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false What are alternative dispute resolution processes? 42.4... What are alternative dispute resolution processes? Alternative dispute resolution (ADR) processes are... use them, contact the Office of Collaborative Action and Dispute Resolution by: (1) Sending an e-mail...
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Instituting dispute resolution procedures in the Apostolic Faith Mission in Zimbabwe church
Directory of Open Access Journals (Sweden)
Norman Chivasa
2018-01-01
Full Text Available The need to institute dispute resolution procedures in the Apostolic Faith Mission (AFM in Zimbabwe church informs this study. Remarkably, one of the most critical problems facing the AFM in Zimbabwe church is intrachurch disputes, which manifest in diverse forms such as pastors’ transfers disputes, election disputes and pastors’ performance disputes. Such disputes have produced undesirable consequences not only for pastors but also for the wellbeing of the church in general. Intrachurch disputes require internal mechanisms to manage them so that constructive rather than destructive results are achieved. To do this, internal dispute resolution procedures become critical as they provide a framework for the constructive resolution of disputes. The lived experience of disputes in the AFM in Zimbabwe church confirms the appropriateness of systems theory, which states that social institutions are vulnerable to disharmony owing to differing interacting elements. To mitigate the negative impact associated with disputes, this study proposes the need to institute dispute resolution procedures in the AFM in Zimbabwe, because the church currently relies only on disciplinary procedures to address disputes. The study further emphasises that instituting dispute resolution procedures will help the church handle disputes from within its ranks without necessarily involving local courts, which may have negative financial and relationship implications. Finally, the study develops a model for dispute resolution procedures as an instrument that can assist local churches in AFM in Zimbabwe church to handle disputes as and when they arise.
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10 CFR 2.338 - Settlement of issues; alternative dispute resolution.
2010-01-01
... 10 Energy 1 2010-01-01 2010-01-01 false Settlement of issues; alternative dispute resolution. 2... alternative dispute resolution under paragraph (b) of this section. (b) Settlement judge; alternative dispute... alternative dispute resolution as the Commission may provide or to which the parties may agree. The order...
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Quebec-Vermont dispute may upset export plans
International Nuclear Information System (INIS)
McArthur, D.; Salaff, S.
1999-01-01
A major trade dispute between Hydro-Quebec and a group of Vermont utilities arising out of Hydro-Quebec's inability to live up to its contractual obligations to supply electricity to the Vermont group during the January 1998 ice storm is discussed. The Vermont Group initiated legal action against Hydro-Quebec, claiming refund of $ 27 million and termination of the contract . The Vermont utilities claim that the storm has revealed the weakness of the design, construction, operation and maintenance of Hydro-Quebec's transmission system. In its defence, Hydro-Quebec asserts that its transmission system meets industry standards, considers the storm 'an act of God' and invoked 'force majeure' when it ceased supplying power to Vermont last year. Hydro-Quebec further alleges that the Vermont utilities are using the storm as a pretext to end or renegotiate the contract. Hydro-Quebec asked the Canadian government to intervene under NAFTA, alleging trade harassment by the Vermont Public Service Commission (VPSC) when it restricted Vermont utility rate increases. In a countermove, Vermont U.S. Senator Jim Jeffords threatened future power exports by Canada to the U.S. for pursuing a NAFTA complaint, thereby hoping to influence negotiations between Hydro-Quebec and the Vermont utilities. The latest development in this dispute, which potentially threatens the development of 4000 MW of new hydroelectric development at Churchill Falls, Labrador, is that the dispute may now be settled with an auctioning of the contract. If the U.S. were to block the import of new power from Churchill Falls, the project could be jeopardized. However, the contract auction may well avoid such major international ramifications and a full-fledged trade war between Canada and the United States
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Disputing strategies in medieval Scandinavia
DEFF Research Database (Denmark)
Orning, Hans Jacob
In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour......, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using...... practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute...
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28 CFR 36.506 - Alternative means of dispute resolution.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding...
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PENYELESAIAN SENGKETA BISNIS MELALUI ALTERNATIVE DISPUTE RESOLUTION (ADR
Directory of Open Access Journals (Sweden)
Joko Nur Sariono
2006-07-01
Full Text Available ADR represent alternative of solving of extrajudical done law dispute that is passing process of negonisasi and of mediasi and of abitrase for the process of and negonisasi of mediasi represent process of is solving of dispute compromisely with result of troubleshooting with while abitrasi represent process of solving of dispute by compromise of negonisasi compete which decision have the character of final.
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The value of multivariate model sophistication
DEFF Research Database (Denmark)
Rombouts, Jeroen; Stentoft, Lars; Violante, Francesco
2014-01-01
We assess the predictive accuracies of a large number of multivariate volatility models in terms of pricing options on the Dow Jones Industrial Average. We measure the value of model sophistication in terms of dollar losses by considering a set of 444 multivariate models that differ in their spec....... In addition to investigating the value of model sophistication in terms of dollar losses directly, we also use the model confidence set approach to statistically infer the set of models that delivers the best pricing performances.......We assess the predictive accuracies of a large number of multivariate volatility models in terms of pricing options on the Dow Jones Industrial Average. We measure the value of model sophistication in terms of dollar losses by considering a set of 444 multivariate models that differ...
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24 CFR 7.5 - EEO Alternative Dispute Resolution Program.
2010-04-01
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution... Provisions § 7.5 EEO Alternative Dispute Resolution Program. In accordance with the Secretary's Policy Statement regarding Alternative Dispute Resolution (ADR) located on the Department's website and 29 CFR 1614...
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Industrial Disputes in the Construction Sector
Directory of Open Access Journals (Sweden)
L.J Perry
2012-11-01
Full Text Available The Cole Royal Commission enquiry into the building and construction (abbreviated to ‘construction’ sector recommended controversial workplace-relation reforms for that sector. The recommended changes are likely to be enshrined in legislation within the year. The Commission drew on analyses of industrial disputes that focused, in the main, on quite recent experience. This paper attempts to give a broader historical perspective on disputes in that sector by considering the pattern of disputes for the entire post-World War II period. Accordingly, data on disputes and employees during the entire period are gathered from Australian Bureau of Statistics current and archived sources. These data are classified according to sector (construction versus non-construction and analysed. It is found that the strike rate has, on average, been greater in the construction sector than in the non-construction sector. However, there have been periods during which disputes in the construction sector have been relatively low. The most recent period was during the period of the Accord (1983-96, during which the strike rate in the construction sector fell relatively strongly. The analysis of this relatively broad historical period draws attention, among other things, to the possibility that the sort of strategies employed during the Accord years – strategies of cooperation and consensus building – may provide a more effective means of bringing industrial peace to the workplace relations scene of the construction sector than policies that are relatively confrontational.
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Cognitive behaviour therapy territory model: effective disputing approach.
Lam, D
1997-06-01
This paper proposes a disputing model (territory model) which is particularly useful and effective for disputing clients who persistently hold on to their dysfunctional thinking and/or core irrational beliefs. Their 'stubbornness' to change is compounded by unhealthy negative emotions during sessions. The intense emotion makes it difficult to access the belief system, and therefore any attempt to dispute it often proves futile. This model advocates the shift of disputing onto a different 'territory/ground' where the client can be facilitated to acquire higher, abstract and objective thinking, and at the same time his/her emotional level is susceptible to rational and logical arguments. The new thinking would act as a catalyst for the client to reflect on his/her dysfunctional thought/irrational beliefs. In this paper, the author uses a case example to illustrate and discuss the ineffectiveness of the 'traditional' way of disputing the dysfunctional thinking/core beliefs of a difficult and emotional client. This is contrasted with the 'territory' model.
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A survey of Bureau of Land Management employees on collaboration and alternative dispute resolution
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?
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28 CFR 35.176 - Alternative means of dispute resolution.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative means of dispute resolution... DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES Compliance Procedures § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute...
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4 CFR 22.24 - Alternative Dispute Resolution [Rule 24].
2010-01-01
... 4 Accounts 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution [Rule 24]. 22.24 Section... GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD § 22.24 Alternative Dispute Resolution [Rule 24]. (a) Docketed appeals. The Board considers Alternative Dispute Resolution (ADR) to be an efficient way to timely...
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29 CFR 1603.108 - Settlement and alternative dispute resolution.
2010-07-01
... 29 Labor 4 2010-07-01 2010-07-01 false Settlement and alternative dispute resolution. 1603.108... Settlement and alternative dispute resolution. (a) The parties are at all times free to settle all or part of... a neutral mediator or to any other alternative dispute resolution process authorized by the...
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24 CFR 7.26 - EEO Alternative Dispute Resolution Program.
2010-04-01
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false EEO Alternative Dispute Resolution...-Complaint Processing § 7.26 EEO Alternative Dispute Resolution Program. (a) The aggrieved person may elect... chosen, the EEO Counselor shall advise the aggrieved person that if the dispute is resolved during the...
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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.
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76 FR 2035 - Procedures for Protests and Contracts Dispute
2011-01-12
... an alleged breach of that contract. A contract dispute does not require, as a prerequisite, the...-0840; Notice No. 10-18] RIN 2120-AJ82 Procedures for Protests and Contracts Dispute AGENCY: Federal... brought against the FAA and contract disputes brought against or by the FAA. It would also add a voluntary...
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29 CFR 5.11 - Disputes concerning payment of wages.
2010-07-01
... 29 Labor 1 2010-07-01 2010-07-01 true Disputes concerning payment of wages. 5.11 Section 5.11... Provisions and Procedures § 5.11 Disputes concerning payment of wages. (a) This section sets forth the procedure for resolution of disputes of fact or law concerning payment of prevailing wage rates, overtime...
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2010-10-01
... 45 Public Welfare 1 2010-10-01 2010-10-01 false How to dispute the accuracy of Healthcare Integrity and Protection Data Bank information. 61.15 Section 61.15 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL ADVERSE...
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Directory of Open Access Journals (Sweden)
Damir Josipovič
2012-06-01
Full Text Available Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797. But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.
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Directory of Open Access Journals (Sweden)
Damir Josipovič
2012-01-01
Full Text Available Boundary-making in Istria is an old undertaking. It has actually never ceasesed, not even today. Istrian peninsula has thus undergone substantial boundary shifts during the last couple of centuries (especially after the Venetian demise in 1797. But Istria carries its worldwide fame also due to one of probably the harshest disputes on the post-war European grounds – the Trieste territory dispute. In author's perspective, this dispute is one of the four main corner-stones of the current Slovenian-Croatian boundary dispute. The remaining three include the Kozler's boundary around Dragonja (Rokava River, the ungraspable notions of Austrian censuses in Istria, and the narratives of partisan settlements on military jurisdiction. However, there are other very important aspects which significantly shaped the development of the dispute, but we will focus at assessing the importance of the aforementioned ones. In this sense, the analysis of the effects of the outcome of the Trieste dispute and its implications to the contemporary interstate dispute is set forth. By unveiling its material and consequently its psychological effects upon the contemporary bilateral relations, its analyses simultaneously reveals backgrounds of never answered question, why Kozler's proposed linguistic boundary around Dragonja (Rokava River turned out to become a boundary of national character. Though nowadays disputed, there is absolutely no chance for both involved parties to substantially draw away from once decisively drawn line of a layman. Despite the fierce battle of words in Slovenian public media on whether should the interstate boundary be placed on Mirna (Quieto or Dragonja Rivers, it will be argued here that the actual choice of the Valley of Dragonja as a boundary is by all means Slovenian. The arguments are based on extensive analyses of cartographic materials, relevant literature, documents, and statistical data.
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ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS
Directory of Open Access Journals (Sweden)
Ruxandra I. CHIRU
2017-05-01
Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.
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76 FR 55136 - Implementation of the Alternative Dispute Resolution Program
2011-09-06
... NUCLEAR REGULATORY COMMISSION [NRC-2011-0208] Implementation of the Alternative Dispute Resolution... stakeholders on its Alternative Dispute Resolution (ADR) Program in the Office of Enforcement (OE). The meeting... INFORMATION: I. Background Congress enacted the Administrative Dispute Resolution Act (Act) which requires...
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14 CFR Appendix A to Part 17 - Alternative Dispute Resolution (ADR)
2010-01-01
... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) A...—Alternative Dispute Resolution (ADR) A. The FAA dispute resolution procedures encourage the parties to..., pursuant to the Administrative Dispute Resolution Act of 1996, Pub. L. 104-320, 5 U.S.C. 570-579, and...
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Mediation for resolving family disputes
Directory of Open Access Journals (Sweden)
Kamenecka-Usova M.
2016-01-01
Full Text Available Nowadays the understanding of the institute of marriage and its importance in the society has changed. Marriage is no longer assumed to be a commitment for a lifetime. As the principle of equality has replaced hierarchy as the guiding principle of family law it gave more grounds for family disputes and it became socially acceptable to leave marriages that are intolerable or merely unfulfilling. The aim of this article is to suggest an alternative dispute resolution method-mediation as a worthy option for resolving family conflicts.
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The South China Sea Dispute: Perspective of International Law
Ma, Xuechan
2016-01-01
This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.
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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)
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2011-03-02
... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping... World Trade Organization, http://www.wto.org . Comments open to public inspection may be viewed on the... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS420] WTO Dispute Settlement...
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5 CFR 2424.10 - Collaboration and Alternative Dispute Resolution Program.
2010-01-01
... Alternative Dispute Resolution; Requesting and Providing Allegations Concerning the Duty To Bargain § 2424.10 Collaboration and Alternative Dispute Resolution Program. Where an exclusive representative and an agency are... and Alternative Dispute Resolution Program (CADR). Upon request, and as agreed upon by the parties...
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48 CFR 852.233-70 - Protest content/alternative dispute resolution.
2010-10-01
.../alternative dispute resolution. 852.233-70 Section 852.233-70 Federal Acquisition Regulations System... Provisions and Clauses § 852.233-70 Protest content/alternative dispute resolution. As prescribed in 833.106, insert the following provision: Protest Content/Alternative Dispute Resolution (JAN 2008) (a) Any protest...
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48 CFR 6302.30 - Alternative dispute resolution methods (Rule 30).
2010-10-01
... TRANSPORTATION BOARD OF CONTRACT APPEALS RULES OF PROCEDURE 6302.30 Alternative dispute resolution methods (Rule... Alternative Dispute Resolution (ADR): Settlement Judges and Mini-Trials. These procedures are designed to... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Alternative dispute...
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Sophistication and Performance of Italian Agri‐food Exports
Directory of Open Access Journals (Sweden)
Anna Carbone
2012-06-01
Full Text Available Nonprice competition is increasingly important in world food markets. Recently, the expression ‘export sophistication’ has been introduced in the economic literature to refer to a wide set of attributes that increase product value. An index has been proposed to measure sophistication in an indirect way through the per capita GDP of exporting countries (Lall et al., 2006; Haussmann et al., 2007.The paper applies the sophistication measure to the Italian food export sector, moving from an analysis of trends and performance of Italian food exports. An original way to disentangle different components in the temporal variation of the sophistication index is also proposed.Results show that the sophistication index offers original insights on recent trends in world food exports and with respect to Italian core food exports.
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46 CFR 5.71 - Maritime labor disputes.
2010-10-01
... 46 Shipping 1 2010-10-01 2010-10-01 false Maritime labor disputes. 5.71 Section 5.71 Shipping... REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.71 Maritime labor disputes. Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime...
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40 CFR 22.18 - Quick resolution; settlement; alternative dispute resolution.
2010-07-01
...; alternative dispute resolution. 22.18 Section 22.18 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY...; alternative dispute resolution. (a) Quick resolution. (1) A respondent may resolve the proceeding at any time... complaint. (d) Alternative means of dispute resolution. (1) The parties may engage in any process within the...
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Real Estate Agent Commission Disputes
Directory of Open Access Journals (Sweden)
Anida Duarte
2015-06-01
Full Text Available The purpose of this study was to examine the relationship among Procuring Cause Law, real estate agent years of experience, and real estate commission disputes. A pilot survey was conducted in the southwestern United States among real estate agents, realtor(s, and brokers. After testing the hypothesis, the decision was made to fail to reject the hypothesis and conclude that real estate agent experience and not Procuring Cause Law produced favorable outcomes in disputes. As a result, the following recommendations were made: (a Agency seller and buyer’s agreements should be used in each transaction to avoid disputes, (b proper expectations and guidelines should be reviewed prior to starting any real estate transaction, (c a checklist may assist in the assurance that all valuable information is reviewed, (d agents could benefit from fully understanding Procuring Cause Law and sharing this information with their clients, (e state and national regulatory requirements of the law could be modified for easier understanding and use, and (f consumers who willfully violate the law could be subject to monetary penalties.
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The Various forms of Alternative Dispute Resolution (ADR in International Commercial Disputes
Directory of Open Access Journals (Sweden)
Angelica Rosu
2009-06-01
Full Text Available Alternative dispute resolution, usually referred to by the acronym ADR, is the focus ofgrowing interest in the business world, and particularly the international business world. Contractdrafters are continuously inventing new ADR procedures, most of which are derived from, or inspiredby mediation, although in fact this is only one type of alternative dispute resolution. There is no doubtthat ADR has emerged out of practice. At present, there is a very broad range of alternative means ofdispute resolution used in equally broad array of circumstances. An exhaustive list of different typesof ADR cannot be drawn because ADR lends itself to numerous derivatives consisting ofcombinations of common types. Of all the ADR types, mediation is the most traditional and the mostcentral, around which all the other derivatives gravitate.
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25 CFR 170.934 - Are alternative dispute resolution procedures available?
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false Are alternative dispute resolution procedures available... alternative dispute resolution (ADR) procedures is to provide an inexpensive and expeditious forum to resolve... (including for non-construction the mediation and alternative dispute resolution options listed in 25 U.S.C...
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Singer, H L
1989-01-01
In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit. The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act. Soon after the Court of Appeals decision, President Reagan and Prime Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggest that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.
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DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW
Priyanka Sakate*, Dr.Arun W. Dhawale
2017-01-01
The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized tha...
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Dispute Resolution in Special Education: An Introduction to Litigation Alternatives.
Goldberg, Steven S.; Huefner, Dixie Snow
1995-01-01
Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need for mediation or adversarial processes.…
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29 CFR 1403.3 - Obtaining data on labor-management disputes.
2010-07-01
... 29 Labor 4 2010-07-01 2010-07-01 false Obtaining data on labor-management disputes. 1403.3 Section... FUNCTIONS AND DUTIES § 1403.3 Obtaining data on labor-management disputes. When the existence of a labor-management dispute comes to the attention of the Federal Service upon a request for mediation service from...
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The Effectiveness of Alternative IEP Dispute Resolution Practices
Scanlon, David; Saenz, Lauren; Kelly, Michael P.
2018-01-01
Alternative Individualized Education Program (IEP) dispute resolution models should respond to limitations of current options. An experimental IEP dispute resolution program provides parents and schools with an evidence-supported neutral perspective on what is needed for free and appropriate education (FAPE) and least restrictive environment…
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Future Scenarios of the South China Sea Maritime Disputes
Shee, Poon Kim
2014-01-01
The focus of this paper is to analyze three future scenarios in the maritime disputes in the South China Sea. These namely are No War Scenario, Impasse Scenario and Peace Scenario. Ultimately, the way forward towards a viable solution to resolving the South China Sea maritime disputes between China and other claimant states depends on the political wisdom, will and determination of the disputing states. Lofty nationalistic aspirations have to be tempered with a degree of flexibility and pragm...
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Alternative dispute resolution: a conflict management tool in health care.
Liberman, A; Rotarius, T M; Kendall, L
1997-12-01
This article focuses on methods of resolving conflict either within or between health care organizations using an alternative dispute resolution (ADR) strategy. After identifying the principal sources of contemporary disagreements within health services settings, the authors describe the basis of ADR. This is followed by a discussion of some common obstacles to settling a dispute. The principal communication guidelines and stages of a mediation session are presented. An alternative dispute resolution framework is proposed that includes an Office of Dispute Resolution (ODR). Also provided is a series of attributes that together comprise the core of mediation as a discipline.
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ALTERNATIVE DISPUTE RESOLUTION (ADR DALAM PENYELESAIAN SENGKETA KONSUMEN
Directory of Open Access Journals (Sweden)
Taufikkurrahman Taufikkurrahman
2015-06-01
Full Text Available Consumers often consume goods and / or services resulting in damage, pollution and the loss on himself. So that the rights and obligations himself always disproportionate (balanced. So that consumer rights are not permanently harmed by businesses or otherwise, the Republic country of Indonesia established a law that became the basis for consumers, businesses, Non-governmental organization and the Government to take the legal actions as a result of violations committed by parties who are not responsible responsibility. Through UU No. 8 the year 1999 on Consumer Protection became the constitutional basis for businesses and consumers, especially in solving problems (disputes that happened to himelf. Legal effort in problem solving (dispute can use the lines outside the court (Non-Litigation and through the courts (Litigation. The lines outside the court carried out by the Consumer Dispute Settlement Board (BPSK. BPSK in resolving disputes of consumer through mediation, arbitration or conciliation.
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The First Sophists and the Uses of History.
Jarratt, Susan C.
1987-01-01
Reviews the history of intellectual views on the Greek sophists in three phases: (1) their disparagement by Plato and Aristotle as the morally disgraceful "other"; (2) nineteenth century British positivists' reappraisal of these relativists as ethically and scientifically superior; and (3) twentieth century versions of the sophists as…
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developing countries and the wto dispute resolution system
African Journals Online (AJOL)
OLAWUYI
outstanding outcomes of the Uruguay round.2 WTO principles are largely based on the ..... In practice it is the preference giving country. (usually a ... Prominent amongst them are; Pakistan, Hong Kong, Malaysia and South ..... 89 World Trade Organization – Dispute Settlement: Dispute DS308 'Mexico – Tax Measures on.
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Literacy, Numeracy and Alternative Dispute Resolution: Support Document
Cumming, J. Joy; Wilson, Janice M.
2005-01-01
This document was produced by the authors based on their research for the report "Literacy, Numeracy and Alternative Dispute Resolution," and is an added resource for further information. It contains the appendices: (1) Published statistics on mediation/alternative dispute resolution in Australian courts and tribunals over the period…
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2012-04-04
..., 2012, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO... World Trade Organization, www.wto.org . Comments open to public inspection may be viewed on the www... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS431] WTO Dispute Settlement...
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Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency
Directory of Open Access Journals (Sweden)
Fauziyah Fauziyah
2015-06-01
Full Text Available Village elections (Pilkades is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015. Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1, 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.8
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FEATURES OF WTO DISPUTE SETTLEMENT. THE STANDING OF THE EU
Directory of Open Access Journals (Sweden)
Costin Horia Rogoveanu
2010-09-01
Full Text Available The WTO has an innovative system of dispute settlement, with the following features: sui-generis, integrated, resolving the disputes according to the WTO agreements, excluding unilateral solutions, interstate system. These features are detailed in the present article. Another level of analysis concerns the standing of the EU in the WTO, in general, and in the Geneva proceedings for dispute settlement, in particular. Generated by the quality of the European Communities statute as an original member of the Organisation, the EU has become one of the main users of the WTO dispute settlement system. One of the main challenges of the WTO dispute settlement mechanism is the implementation of decisions. In view of the cases assessed, while the execution record of the EU is a quite satisfactory one, it is apparent that implementation of decisions in more intricate cases creates difficulties at the Union level.
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14 CFR 17.35 - Selection of neutrals for the alternative dispute resolution process.
2010-01-01
... dispute resolution process. 17.35 Section 17.35 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Alternative Dispute Resolution § 17.35 Selection of neutrals for the alternative dispute resolution process. (a) In...
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An expert system to manage dispute resolutions in construction projects in Egypt
Directory of Open Access Journals (Sweden)
A.A. Elziny
2016-03-01
Full Text Available This study attempts to shed a great deal of light on the problem of construction disputes in the Egyptian projects. This paper presents a comprehensive review of the available literature on analysis of disputes. The objective of this paper was to provide an expert system can evaluate the overall dispute settlement procedures at company’s projects. A questionnaire has been used to study dispute sources and resolution methods. Four case study applications have been provided to check the validity of the proposed system. Results confirmed that the most important source of disputes was contract management 74.04%, the second was contract documents 71.49%, the third was financial issues 67.80%, the fourth was project related issues 63.92%, and the lowest one was other sources (such as force majeure 61.58%. Finally, the expert program facilitates dispute resolution by using alternative dispute resolution methods instead of going direct to arbitration or litigation.
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Cumulative Dominance and Probabilistic Sophistication
Wakker, P.P.; Sarin, R.H.
2000-01-01
Machina & Schmeidler (Econometrica, 60, 1992) gave preference conditions for probabilistic sophistication, i.e. decision making where uncertainty can be expressed in terms of (subjective) probabilities without commitment to expected utility maximization. This note shows that simpler and more general
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THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION
Directory of Open Access Journals (Sweden)
Sri Praptianingsih
2017-06-01
Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.
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Alternative Dispute Resolution in Ethiopia - A Legal Framework
African Journals Online (AJOL)
Nekky Umera
position of usage and acceptance in its modern form. Recent ... bound to be consequences arising out of such struggles. ... though a court may order the process itself, the parties in dispute are ... wishes to recommend to solving disputes among African .... rights, actions and claims in a suit, it automatically results in the ...
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Alternative Dispute Resolution in Ethiopia- A Legal Framework ...
African Journals Online (AJOL)
This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...
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Let's talk conflict: using mediation in healthcare security disputes.
Armstrong, Brad
2013-01-01
Healthcare security administrators face weekly, if not daily challenges and conflict. This article considers that security leaders must anticipate disputes in highly complex healthcare systems. When disputes cannot be resolved by organizational efforts, security administrators may be in a position to recommend or participate in mediation. Here the concept of mediation is introduced to healthcare security leaders as a viable means to resolve disputes with patients, visitors, and the community. This includes a description of the facilitative versus evaluative mediation processes, as well as pragmatic guidance when preparing for mediation.
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Dispute Resolution and Technology: Revisiting the Justification of Conflict Management
Koulu, Riikka
2016-01-01
This study, Dispute Resolution and Technology: Revisiting the Justification of Conflict Management, belongs to the fields of procedural law, legal theory and law and technology studies. In this study the changes in dispute resolution caused by technology are evaluated. The overarching research question of this study is how does implementing technology to dispute resolution challenge the justification of law as a legitimised mode of violence? Before answering such an abstract research question...
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Disputes About Disputes: Understanding the South China Sea
Directory of Open Access Journals (Sweden)
Bill Hayton
2017-12-01
Full Text Available Steve Chan. China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives. Cambridge: Cambridge University Press, 2016. Do Thanh Hai. Vietnam and the South China Sea: Politics, Security and Legality. New York: Routledge, 2017. The two books under review here demonstrate some of the diversity of writing within the discipline of international relations. In China’s Troubled Waters: Maritime Disputes in Theoretical Perspectives, political scientist Steve Chan, following Kant, describes his style as “nomothetic,” “which emphasizes attention to classes of events rather than specific episodes” (vii. Strategic and defense studies scholar Do Thanh Hai’s Vietnam and the South China Sea: Politics, Security and Legality is an example of what Chan calls the “idiographic approach,” focusing “on the more unique or specific aspects of the situation” (vii. Chan wants to be able to generalize and compare, and he explicitly eschews narratives of “who did what to whom.” Hai, on the other hand, is keen to make clear that it is China who did something to Vietnam. The most obvious criticism to make of his book is that it is written from an overtly Vietnamese perspective. That is a weakness, but also potentially a draw for those interested in the formulation of Vietnamese policy. Chan writes from an ostensibly neutral position, but, as we shall see, his analysis is rooted within a Chinese world view.
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5 CFR 2423.2 - Alternative Dispute Resolution (ADR) services.
2010-01-01
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Alternative Dispute Resolution (ADR) services. 2423.2 Section 2423.2 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL... Filing, Investigating, Resolving, and Acting on Charges § 2423.2 Alternative Dispute Resolution (ADR...
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Does Investors' Sophistication Affect Persistence and Pricing of Discretionary Accruals?
Lanfeng Kao
2007-01-01
This paper examines whether the sophistication of market investors influences management's strategy on discretionary accounting choice, and thus changes the persistence of discretionary accruals. The results show that the persistence of discretionary accruals for firms face with naive investors is lower than that for firms face with sophisticated investors. The results also demonstrate that sophisticated investors indeed incorporate the implications of current earnings components into future ...
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Emotion and ideology in the nuclear dispute
International Nuclear Information System (INIS)
Hillerbrand, M.
1982-01-01
The author attempts to examine the dispute over nuclear energy, not from an isolated viewpoint but from more generous perspectives. He provides parallels to economic theories and above all analyses the social political aspects. Here he reveals that behind the passionate confrontation are not scientific, objective criteria but highly subjective emotions based on everyday experiences. In conclusion the author shows that the nuclear energy dispute is part of a fundamental discussion on the industrial performance society. (orig./HP) [de
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ALTERNATIVE DISPUTE RESOLUTION IN BANYUMAS REGENCY: IN THE PERSPECTIVE OF CULTURAL STUDIES
Directory of Open Access Journals (Sweden)
Singkir Hudijono
2012-11-01
Full Text Available This study discusses about an Alternative Dispute Resolution in BanyumasRegency as a non-litigation dispute resolution. The problem observed was a breakthroughtaken by the Society in Banyumas Regency in overcoming the so far deadlock of lawenforcement and the attitude of not trusting the justice enforcement. It has been a publicsecret that the dispute resolutions employing the legal centralism paradigm have beendominated by the judicial network. This has caused the acknowledgement of the state lawto decrease, being a commodity that can be traded. The research aims at finding out anddescribing how the alternative dispute resolution (ADR emerges as an alternativemechanism in deconstructing the legal centralism; interpreting and describing what ismeant by the alternative dispute resolution (ADR in the development of progressive law.This research was conducted employing qualitative method. In this context, theresearcher explored various pieces of related information with the reason that the societyin Banyumas Regency has chosen the alternative dispute resolution mechanism as themechanism in deconstructing the legal centralism. The research was conducted asfollows: the problems were identified, the theories for analyzing the data were selected,the primary and secondary data were collected, the collected data were analyzed andinterpreted, and finally, the results of the research were written and constructed. Thetheories employed were critical legal studies, deconstruction, and large narration criticismtheories.The results of the research show that: firstly, the alternative dispute resolution hasemerged because of the awakened local knowledge, as the form of anticipation to theineffective formal law domination. With regard to the effect of global intercourse, thealternative dispute resolution has emerged because of the refusal against the culturalhomogeneity. Secondly, the implementation of the alternative dispute resolution hasbecome the preferred
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Litigation and the Timing of Settlement: Evidence from Commercial Disputes
Peter Grajzl; Katarina Zajc
2015-01-01
Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...
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75 FR 57233 - 340B Drug Pricing Program Administrative Dispute Resolution Process
2010-09-20
... administrative procedures associated with alternative dispute resolution. Systems must be put in place that... that the alternative dispute resolution process would involve some type of hearing. The hearing could... available to HRSA, such as audits and alternative dispute resolution, the Affordable Care Act provides HRSA...
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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.
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The conceptualization and measurement of cognitive health sophistication.
Bodie, Graham D; Collins, William B; Jensen, Jakob D; Davis, Lashara A; Guntzviller, Lisa M; King, Andy J
2013-01-01
This article develops a conceptualization and measure of cognitive health sophistication--the complexity of an individual's conceptual knowledge about health. Study 1 provides initial validity evidence for the measure--the Healthy-Unhealthy Other Instrument--by showing its association with other cognitive health constructs indicative of higher health sophistication. Study 2 presents data from a sample of low-income adults to provide evidence that the measure does not depend heavily on health-related vocabulary or ethnicity. Results from both studies suggest that the Healthy-Unhealthy Other Instrument can be used to capture variability in the sophistication or complexity of an individual's health-related schematic structures on the basis of responses to two simple open-ended questions. Methodological advantages of the Healthy-Unhealthy Other Instrument and suggestions for future research are highlighted in the discussion.
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International Nuclear Information System (INIS)
Virole, jean.
1977-01-01
The lengthy duration and diversity of the stages of the fuel cycle and the geographical distribution of the nuclear industries give the contracts for carrying out the different operations such flexibility that in order to settle disputes concerning notably but not exclusively liability, reference may be made to different legal systems according to whether the regulations of international public or private law can be applied. The options provided for co-contractors in view of the flexibility of the contracts lead to adoption of varying clauses for settling disputes according to the different industrial achievements envisaged. (NEA) [fr
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The South China Sea Dispute : Perspective of International Law
Ma, Xuechan
2016-01-01
This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of
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Obfuscation, Learning, and the Evolution of Investor Sophistication
Bruce Ian Carlin; Gustavo Manso
2011-01-01
Investor sophistication has lagged behind the growing complexity of retail financial markets. To explore this, we develop a dynamic model to study the interaction between obfuscation and investor sophistication in mutual fund markets. Taking into account different learning mechanisms within the investor population, we characterize the optimal timing of obfuscation for financial institutions who offer retail products. We show that educational initiatives that are directed to facilitate learnin...
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46 CFR 502.411 - Mediation and other alternative means of dispute resolution.
2010-10-01
... 46 Shipping 9 2010-10-01 2010-10-01 false Mediation and other alternative means of dispute... PROVISIONS RULES OF PRACTICE AND PROCEDURE Alternative Dispute Resolution § 502.411 Mediation and other alternative means of dispute resolution. (a) Parties are encouraged to utilize mediation or other forms of...
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Probabilistic Sophistication, Second Order Stochastic Dominance, and Uncertainty Aversion
Simone Cerreia-Vioglio; Fabio Maccheroni; Massimo Marinacci; Luigi Montrucchio
2010-01-01
We study the interplay of probabilistic sophistication, second order stochastic dominance, and uncertainty aversion, three fundamental notions in choice under uncertainty. In particular, our main result, Theorem 2, characterizes uncertainty averse preferences that satisfy second order stochastic dominance, as well as uncertainty averse preferences that are probabilistically sophisticated.
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The mutual agreement procedure and arbitration of double taxation disputes
Ilias Bantekas
2008-01-01
It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model T...
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Dispute settlement process under GATT/WTO diplomatic or judicial ...
African Journals Online (AJOL)
This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation (WTO) and the General Agreement on Tariff and Trade (GATT). It tries to analyse the evolution of the dispute process which was initially based on diplomatic procedures and gives an account of its evolution and ...
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Settlement of Tax Disputes in the Russian Federation and Germany
Directory of Open Access Journals (Sweden)
Anastasiya Alexandrovna Konyukhova
2015-01-01
Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.
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Automatically Assessing Lexical Sophistication: Indices, Tools, Findings, and Application
Kyle, Kristopher; Crossley, Scott A.
2015-01-01
This study explores the construct of lexical sophistication and its applications for measuring second language lexical and speaking proficiency. In doing so, the study introduces the Tool for the Automatic Analysis of LExical Sophistication (TAALES), which calculates text scores for 135 classic and newly developed lexical indices related to word…
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Directory of Open Access Journals (Sweden)
Paula Poretti
2015-01-01
Full Text Available The reform process of family law was initiated with one aim to promote protection of family and children and harmonize Croatian law with European and international standards in this field. In this respect, the intervention institute governed by Croatian family law with the purpose to facilitate reconciliation or in cases where reconciliation between spouses is not achieved, to provide information regarding legal consequences of divorce and possibly to achieve agreement between spouses as for their relationship in future was deemed inadequate in regards to the approach provided by European documents on regulation of peaceful resolution of family disputes. Under the influence thereof, new family legislation redefines intervention and introduces mandatory counselling and family mediation as foundations of the system of alternative dispute resolution of all family disputes in Croatian law.
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Directory of Open Access Journals (Sweden)
E. E. Frolova
2018-01-01
Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial disputes – disputes resolved by "Designated Dispute Resolution Organizations", the so-called "financial DDRO". Financial disputes are disputes between suppliers and consumers of financial services. The Financial Instruments and Exchange Act details the persons, whose activities fall within the definition of financial provider services. A brief list of financial service providers is available on the website of Japan's main financial regulator, the Financial Services Agency. The list include: Japanese banking institutions, branches and representative offices of foreign banks, business operators of financial instruments, insurance companies, trust companies, financial markets, foreign audit firms. However, unlike other countries of the Asia-Pacific region, consumers of financial services can be both physical and legal entities.Conclusions and Relevance: the materials presented in the article show the special role of "Designated Dispute Resolution
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China's Crisis Bargaining in the South China Sea Dispute (2010-2013)
Ramadhani, Eryan
2014-01-01
As one of China’s most intricate territorial dispute, the South China Sea dispute has sufficiently consumed significant amount of Chinese leaders’ attention in Beijing. This paper reveals that China exerts signaling strategy in its crisis bargaining over the South China Sea dispute. This strategy contains reassurance as positive signal through offering negotiation and appearing self-restraint and of negative signal by means of escalatory acts and verbal threats. China’s crisis bargaining in t...
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Territorial disputes simmer in areas of South China Sea
International Nuclear Information System (INIS)
Anon.
1992-01-01
This paper reports that China's award of an exploration cooperation contact in the Nansha area of the South China Sea has revived territorial disputes in the area centering ton the Spratly and Paracel islands. The key dispute is between China and Viet Nam, which earlier engaged in military action over ownership of the islands, believed to have world class potential for hydrocarbon discoveries. Those two nations, as well as Brunei, Malaysia, Philippines, and Taiwan, lay claim to overlapping boundaries of the Spratly Islands. Separately, China and Viet Nam dispute territorial claims in the Paracels. Tensions continue to mount, and regional governments are trying to negotiate compromises to avoid a repeat of warfare
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DISPUTE RESOLUTION OF FOREIGN DIRECT INVESTMENT IN CHINA
Directory of Open Access Journals (Sweden)
Fiska Silvia Raden Roro
2012-09-01
Full Text Available Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.
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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.
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Decision making in civil disputes
Directory of Open Access Journals (Sweden)
Victoria Gilliland
2008-10-01
Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.
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The role of sophisticated accounting system in strategy management
Naranjo Gil, David
2004-01-01
Organizations are designing more sophisticated accounting information systems to meet the strategic goals and enhance their performance. This study examines the effect of accounting information system design on the performance of organizations pursuing different strategic priorities. The alignment between sophisticated accounting information systems and organizational strategy is analyzed. The enabling effect of the accounting information system on performance is also examined. Relationships ...
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Alternative dispute resolution (ADR) for dentists: a better way.
Freudman, L
1998-06-01
Any dentist faced with a legal or potential legal dispute should consider all the options available to handle the dispute. Selection of the appropriate process may be approached from a consumer's perspective, with the emphasis on service, value and satisfaction. Awareness of ADR and its proper utilization can assist the dentist in choosing the method that will result in the most satisfactory outcome.
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Financial Literacy and Financial Sophistication in the Older Population
Lusardi, Annamaria; Mitchell, Olivia S.; Curto, Vilsa
2017-01-01
Using a special-purpose module implemented in the Health and Retirement Study, we evaluate financial sophistication in the American population over the age of 50. We combine several financial literacy questions into an overall index to highlight which questions best capture financial sophistication and examine the sensitivity of financial literacy responses to framing effects. Results show that many older respondents are not financially sophisticated: they fail to grasp essential aspects of risk diversification, asset valuation, portfolio choice, and investment fees. Subgroups with notable deficits include women, the least educated, non-Whites, and those over age 75. In view of the fact that retirees increasingly must take on responsibility for their own retirement security, such meager levels of knowledge have potentially serious and negative implications. PMID:28553191
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Financial Literacy and Financial Sophistication in the Older Population.
Lusardi, Annamaria; Mitchell, Olivia S; Curto, Vilsa
2014-10-01
Using a special-purpose module implemented in the Health and Retirement Study, we evaluate financial sophistication in the American population over the age of 50. We combine several financial literacy questions into an overall index to highlight which questions best capture financial sophistication and examine the sensitivity of financial literacy responses to framing effects. Results show that many older respondents are not financially sophisticated: they fail to grasp essential aspects of risk diversification, asset valuation, portfolio choice, and investment fees. Subgroups with notable deficits include women, the least educated, non-Whites, and those over age 75. In view of the fact that retirees increasingly must take on responsibility for their own retirement security, such meager levels of knowledge have potentially serious and negative implications.
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The role of health care ADR (alternative dispute resolution) in reducing legal fees.
Joseph, D M
1995-11-01
An increasingly complex health care system undergoing rapid changes is an ideal set-up for frequent conflicts among the numerous participants. While conflict is inevitable, the manner in which it is handled can markedly affect the outcome of the dispute and the future relationship of the parties, as well as the emotional and financial cost of the dispute. This article presents an overview of the principles and processes of alternative dispute resolution (ADR), and describes how these processes are currently being used to resolve health care disputes.
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A conflict model for the international hazardous waste disposal dispute
International Nuclear Information System (INIS)
Hu Kaixian; Hipel, Keith W.; Fang, Liping
2009-01-01
A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.
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A conflict model for the international hazardous waste disposal dispute.
Hu, Kaixian; Hipel, Keith W; Fang, Liping
2009-12-15
A multi-stage conflict model is developed to analyze international hazardous waste disposal disputes. More specifically, the ongoing toxic waste conflicts are divided into two stages consisting of the dumping prevention and dispute resolution stages. The modeling and analyses, based on the methodology of graph model for conflict resolution (GMCR), are used in both stages in order to grasp the structure and implications of a given conflict from a strategic viewpoint. Furthermore, a specific case study is investigated for the Ivory Coast hazardous waste conflict. In addition to the stability analysis, sensitivity and attitude analyses are conducted to capture various strategic features of this type of complicated dispute.
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Conciliation as the traditional method of disputes settlement in PRC
Directory of Open Access Journals (Sweden)
Svetlana F. Litvinova
2011-12-01
Full Text Available The author of the article researches one of the peculiarities of civil disputes settlement in China. This peculiarity is the conciliatory method that is used during disputes settlement. The using of the method is based on Confucianism. The content of the method has been viewed in the article.
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Investor-State Dispute Settlement Mechanism: The Quest for a Workable Roadmap
Directory of Open Access Journals (Sweden)
Sachet Singh
2013-01-01
Full Text Available The last decade has witnessed an unprecedented increase in the use of investor-State arbitration, highlighting numerous shortcomings of the existing investor-State dispute settlement system. The legitimacy of the International Investment regime has been under severe criticism due to the growing discontent amongst the investors as well as the host States. The increased litigation has led to both the process and the outcome being questioned and has undermined the growth of harmonious relationships between foreign investors and host States. The object of this paper is to explore a workable roadmap for the investor-State dispute settlement mechanism by tracing the evolution of the existing system and by analysing the dispute settlement mechanism in major international investment agreements. Furthermore, it highlights the causes and the possible consequences of the denunciation of Bilateral Investment Treaties ('BITs' and the International Centre for Settlement of Investment Disputes ('ICSID' by host nations, which have been plagued by a myriad of investment suits. The authors suggest the need for doing away with highly protective investor-State dispute settlement mechanisms ('ISDSMs' in future investment agreements and recommend the need for designing an appellate mechanism for bringing consistency and predictability to the system.
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The Impact of Financial Sophistication on Adjustable Rate Mortgage Ownership
Smith, Hyrum; Finke, Michael S.; Huston, Sandra J.
2011-01-01
The influence of a financial sophistication scale on adjustable-rate mortgage (ARM) borrowing is explored. Descriptive statistics and regression analysis using recent data from the Survey of Consumer Finances reveal that ARM borrowing is driven by both the least and most financially sophisticated households but for different reasons. Less…
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2010-01-01
... disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of... Federal court of competent jurisdiction within one (1) year after final refusal by the Administrator to... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall...
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2010-10-01
... decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any... such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration...
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ARBITRATION – AN ALTERNATIVE SETTLEMENT OF INTERNATIONAL TRADE DISPUTES
Directory of Open Access Journals (Sweden)
Gabriel MIHAI
2016-07-01
Full Text Available Arbitration is today considered a form of justice adjusted specifically for disputes between traders, representing a special attraction for the business world. Arbitration can be considered as a refuse reflex from the traders to obey close-minded forms of common law procedure, characterized by excessive rigor or conservatism and as an expression of their propensity towards more malleable means of settling disputes, specific to arbitration.
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Language as an Instrument for Dispute Resolution in Modern Justice
Directory of Open Access Journals (Sweden)
Drabarz Anna K.
2017-12-01
Full Text Available The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.
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18 CFR 385.606 - Confidentiality in dispute resolution proceedings (Rule 606).
2010-04-01
... be required to disclose, any information concerning any dispute resolution communication or any communication provided in confidence to the neutral, unless: (1) All participants in the dispute resolution... reducing the confidence of participants in future cases that their communications will remain confidential...
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2012-04-19
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS316] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that it...
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Directory of Open Access Journals (Sweden)
Qin Chen
2015-01-01
Full Text Available Objective: We learn about the methods, process, effects of each stakeholder and the principles of the disposition of medical dispute home and abroad through stakeholder analysis. Methods: We investigate the methods, process and the principles of the disposition of medical dispute home and abroad by literature retrieval, key informant interview and depth interview. Results: The stakeholders of medical disputes mainly include patients and families, medical staff and hospitals, pharmaceutical companies, governments, laws, non-government organizations and media. They play different roles in medical disputes and have different effects. Over all, patients and families, medical staff and hospitals have the greatest effect and then laws, media, government, non-government organizations and pharmaceutical companies. Conclusion: Different stakeholders affect the disposition of medical disputes differently. It is crucial to establish harmonious relationship between patients and doctors and to build harmonious society by untangling the responsibility between all the stakeholders and dispose medical disputes quickly and effectively.
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2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Dispute. 192.33 Section 192.33 Foreign Relations DEPARTMENT OF STATE HOSTAGE RELIEF VICTIMS OF TERRORISM COMPENSATION Medical Benefits for Captive... Director, Department of State, for a determination. If the person bringing the claim is not satisfied with...
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Supporting Children to Resolve Disputes
Church, Amelia; Mashford-Scott, Angie; Cohrssen, Caroline
2018-01-01
Teacher intervention in children's disputes most commonly features cessation strategies, despite evidence showing the value of modelling problem-solving behaviours. Existing research has categorized strategies used by teachers in early childhood settings, but in this article we aim to illustrate how these practices are realized. Using the method…
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The supply chain of tobacco as disputes field
Directory of Open Access Journals (Sweden)
Alex Alexandre Mengel
2017-08-01
Full Text Available The paper analyzes the existing conflicts in the tobacco production chain in Brazil and the strategies historically established by each agent. Therefore, we interpret the tobacco production chain as a field of disputes. As methodological tools we conducted to literature review and semi-structured interviews. Among the results, we found that, in general, the actors in the tobacco field take three types of strategies: 1 the defense of the field; 2 intermediate strategic positions mulling conflicting historical disputes in the field; 3 positions contrary to the tobacco field.
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African Countries and WTO´s Dispute Settlement Mechanism
DEFF Research Database (Denmark)
Alavi, Amin
2007-01-01
The WTO Dispute Settlement Mechanism was designed, inter alia, to secure the 'rule of law' within international trade and provide all members with opportunities to exercise their rights under multilateral trade agreements. But, after ten years, no sub-Saharan African country has yet used the option...... to initiate a dispute. This article examines what prevents the WTO Africa Group from using the system and critically reviews the solutions they have proposed to remedy this. It concludes by discussing how this reflects broader problems concerning African participation in WTO, and puts forward some alternative...
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Oil and Gas Development in Disputed Waters under UNCLOS
Yiallourides, Constantinos
2016-01-01
Maritime delimitation is crucial in determining which coastal States may exercise control and jurisdiction over certain hydrocarbon deposits. Although international law has recently become more precise on the matter, boundary disputes are frequently resolved only after several or even many years. Even while coastal States are in a deadlock over delimitation issues, the need to explore and exploit the disputed areas’ resources remains imperative for reasons of energy security, social welfare a...
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2010-10-01
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Disputes. 327.4 Section 327.4 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) § 327.4...
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Medical malpractice reform: the role of alternative dispute resolution.
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.
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Joseph, D M
1995-01-01
Conflict is a growth industry, particularly in an increasingly complex health care system. Litigation is the most common, and most costly, method of settling health care disputes. Highly adversarial, the process of litigation often generates as much, if not more, hostility than the original dispute. In addition, satisfaction with the outcome is very low. The challenge that has arisen is to manage the conflicts so that the underlying needs and interests of all the parties can best be met. Often the techniques and processes of alternative dispute resolution (ADR) can be successfully used in resolving these sorts of conflicts quickly, cheaply and with greater satisfaction for all parties. Various applications of ADR are currently being used or tested in a variety of health care disputes in the United States and Canada. Tremendous success has been achieved in mediating medical malpractice claims, medical staff disputes, economic credentialing conflicts, insurer relations issues and denial of coverage disputes. Professional relations and departmental staff disputes, partnership and employee conflicts, and organizational disputes within clinics, HMOs and large group practices have all been found particularly amenable to ADR. These are all situations in which everyone benefits from quick, non-hostile resolutions and on-going relationships can continue.
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Online dispute resolution and models of relational law and justice: a table of ethical principles
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...
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Forms and causes of labor disputes
Directory of Open Access Journals (Sweden)
Denada Keçiçi
2016-07-01
Full Text Available Labor disputes can be small or large, individual or collective, refer to a particular job or lie in more than one enterprise. The causes of these disputes are numerous and diverse, ranging from a simple appeal of one individual employee for the right of compensation, in a collective complaint of the employees about the unsafe or unhealthy conditions of work, or termination of work by all employees in a workplace, claiming that they are prevented from setting up a union to protect their interests. The product of this process is a binding agreement for its implementation and is the result of ongoing cooperation between employees and employers based on consensual decision. Organizations of employees are important actors of collective conflict resolution procedures of labor relations, and particularly those held in the offices of reconciliation, should revitalize their role.
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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
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Cognitive Load and Strategic Sophistication
Allred, Sarah; Duffy, Sean; Smith, John
2013-01-01
We study the relationship between the cognitive load manipulation and strategic sophistication. The cognitive load manipulation is designed to reduce the subject's cognitive resources that are available for deliberation on a choice. In our experiment, subjects are placed under a large cognitive load (given a difficult number to remember) or a low cognitive load (given a number which is not difficult to remember). Subsequently, the subjects play a one-shot game then they are asked to recall...
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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
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Divided parents, shared children
Conflicting approaches to relocation disputes in the USADirectory of Open Access Journals (Sweden)
Theresa Glennon
2008-06-01
Full Text Available Custody relocation disputes pose intractable dilemmas for courts in a highly mobile society. The custodial parent, most often a woman, seeks self-determination, freedom of movement and a continued custodial relationship with the child. The non-custodial parent seeks to preserve a geographically close relationship with the child. Courts must identify the best interests of the children amidst these multiple and conflicting interests. They make decisions that may determine the course of custodial parents’ lives, affecting remarriage, employment, education, and proximity to family. A narrow doctrinal focus on children’s best interests ignores these key aspects of relocation disputes. This article examines the varied legislative and judicial approaches to relocation disputes in the US and proposed principles for resolution of these disputes. It reviews scholarship analyzing relocation disputes from a wide range of perspectives, including: conflicting social science research; competing ideologies of the post-divorce family; alternative dispute resolution; parents’ constitutional rights; domestic violence victims; and proposals to eliminate geographic presumptions and remedy the economic effect of restraints on relocation. Relocation doctrine in the US should be realigned to address these complex perspectives. States should also assist post-divorce families to support children through the common experience of relocation.
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SETTLEMENT OF DISPUTES BY JUDGE OR ARBITRATOR - IS THERE ANY DIFFERENCE
BOSCHBOESJES, JE
1994-01-01
In a dispute between co-operating parties who cannot cannot come to an agreement, an important question is: who will be approached to give a decision in this dispute: the civil court, arbitrators or a 'bindend adviseur' (i.e. a unpartial third person who gives an absolute ruling). In the Netherlands
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DeSouza, J R
1998-01-01
As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.
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45 CFR 74.91 - Alternative dispute resolution.
2010-10-01
... resolution (ADR) techniques. ADR often is effective in reducing the cost, delay and contentiousness involved in appeals and other traditional ways of handling disputes. ADR techniques include mediation, neutral...
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Moral foundations and political attitudes: The moderating role of political sophistication.
Milesi, Patrizia
2016-08-01
Political attitudes can be associated with moral concerns. This research investigated whether people's level of political sophistication moderates this association. Based on the Moral Foundations Theory, this article examined whether political sophistication moderates the extent to which reliance on moral foundations, as categories of moral concerns, predicts judgements about policy positions. With this aim, two studies examined four policy positions shown by previous research to be best predicted by the endorsement of Sanctity, that is, the category of moral concerns focused on the preservation of physical and spiritual purity. The results showed that reliance on Sanctity predicted political sophisticates' judgements, as opposed to those of unsophisticates, on policy positions dealing with equal rights for same-sex and unmarried couples and with euthanasia. Political sophistication also interacted with Fairness endorsement, which includes moral concerns for equal treatment of everybody and reciprocity, in predicting judgements about equal rights for unmarried couples, and interacted with reliance on Authority, which includes moral concerns for obedience and respect for traditional authorities, in predicting opposition to stem cell research. Those findings suggest that, at least for these particular issues, endorsement of moral foundations can be associated with political attitudes more strongly among sophisticates than unsophisticates. © 2015 International Union of Psychological Science.
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Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests
Directory of Open Access Journals (Sweden)
Олег Степанович Ткачук
2016-06-01
Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure
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Book Review: Dispute Resolution and e-Discovery
Directory of Open Access Journals (Sweden)
Milton Luoma
2012-09-01
Full Text Available Garrie, D.B., & Griver, Y.M., Eds. (2012. Dispute Resolution and e-Discovery. Thomson Reuters Westlaw, 570 pages, ISBN-13: 9780314604484, US$149.00.Reviewed by Milton Luoma, JD, (Milt.Luoma@metrostate.eduAs is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.(see PDF for full review
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Naval power, endogeneity, and long-distance disputes
Directory of Open Access Journals (Sweden)
Brian B. Crisher
2017-02-01
Full Text Available Does an increase in naval power increase the likelihood of interstate disputes? While volumes have been written on the importance of naval power, we are left with little more than intuition and anecdotal evidence to provide potential answers to this question. Endogeneity issues in particular make it difficult to untangle the links between developing naval power and interstate conflict. Here I present a new instrument for naval power. Utilizing a new dataset of naval power and employing an instrumental variable analysis, I present one of the first large cross-national studies showing a significant link between naval power and a specific type of interstate conflict - non-contiguous disputes. The findings have implications for the future actions of states whose naval strength is growing.
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Iyer, K. C.; Chaphalkar, N. B.; Patil, Smita K.
2018-06-01
Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process involves detailed and through analysis of facts and evidences related to the case before arriving at the final decision. These facts and evidences have been explored by researchers to develop dispute resolution mechanisms. As a part of the research, the present work identifies the factors which influence the decision making of arbitrators in resolving disputes through a case study of 72 arbitration awards and settled court cases related to Indian construction contracts. This work further seeks consensus for the identified factors from experts and also ranks the factors based on their importance with the help of the responses obtained through a questionnaire survey and statistical tests.
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2012-12-26
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS444] WTO Dispute Settlement... Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated... after the United States submits or receives a request for the establishment of a WTO dispute settlement...
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The procedure of dispute settlement in the atomic energy cooperation agreement
International Nuclear Information System (INIS)
Hyung, Sang Cheol
2010-01-01
'UN Charter' Article 33 writes; the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. And 'THE AGREEMENT OF 31 OCTOBER 1975 BETWEEN THE REPUBLIC OF KOREA AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS' (INFCIRC/236) writes ; Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Government of the Republic of Korea and the Agency shall, at the request of either, be submitted to an arbitral tribunal as above mentioned, the disagreeing parties prefer alternative dispute resolution, abbreviated ADR, to litigation. So we need to study the ADR
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Aristotle and Social-Epistemic Rhetoric: The Systematizing of the Sophistic Legacy.
Allen, James E.
While Aristotle's philosophical views are more foundational than those of many of the Older Sophists, Aristotle's rhetorical theories inherit and incorporate many of the central tenets ascribed to Sophistic rhetoric, albeit in a more systematic fashion, as represented in the "Rhetoric." However, Aristotle was more than just a rhetorical…
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ORGANIZATIONAL METHODS OF SEMINAR-DISPUTE ON ECONOMICS SPECIALTIES
Directory of Open Access Journals (Sweden)
Tatiana ANDREEVA
2015-12-01
Full Text Available Actuality. The topic of teaching economic disciplines has always been relevant and useful. The article considers the technique of organization and of the seminar-dispute on economic subjects. In this paper there are also identified criteria for evaluating the participants of the seminar-dispute. Methods of teaching economic disciplines in higher education are held by holding lectures and seminars. The seminar provides an opportunity to determine the degree of independence and responsibility, to rise creativity in every student. The purpose is to disclose the main objectives of the seminar-dispute, which as a result of the preliminary work on the program material, the teacher and students are in a situation of direct active communication during performance of students on topics arising between discussion and generalizations by teacher, bu solving the problem of cognitive, developmental and educational character that imparted methodological and practical skills to students. Methods. Logical and descriptive, monographic, analysis and synthesis. Results. It should be concluded that in preparation for the seminar, students acquire the skills to work with the book, read the analysis, selection of the main and necessary speeches for the report, , and systematizing the selected materials. Students learn to clearly express their thoughts, work out the ability to speak without papers to prove their beliefs, to establish contact with the audience, etc. Accordingly, it is best to choose the topics of the seminar where the student must not only learn certain information, but also find a solution. One of the most popular forms of classes in the framework of methodological approaches to the teaching of economic disciplines is a seminar-dispute.
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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.
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A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement.
Hawkins, Benjamin; Holden, Chris
2016-10-01
The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global "spaghetti bowl" of IIAs creates opportunities for corporations to venue shop; that is, to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues. Copyright © 2016 by Duke University Press.
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Tanderup, Kasper Buch; Grinderslev, Emil Juhler; Tønnesen-Højbjerg, Asser Laurits Svend
2017-01-01
China is rising rapidly in terms of economics, military spending, sphere of influence and claims to in their view former territory. This paper has aimed to discuss the latter through analysis of the present dispute concerning islands and maritime territory in the South China Sea. The Chinese have become increasingly assertive in their claims formulated through a U-shaped line entailing most of the area within the South China Sea. The claims are contested by Vietnam, the Philippines, Indonesia...
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Contractul administrativ în activitatea administrației publice
Directory of Open Access Journals (Sweden)
Ioan LAZĂR
2010-06-01
Full Text Available Romania’s adhesion to the European Union on 1 January 2007 determined deep changes in the legislation in matters of concessions, publicprivate partnership and volunteerism. Thus new regulations emerged, such as Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services concession contracts or the Emergency Ordinance no. 54 of 28 June 2006 concerning the contracts of procurement of public assets. Similarly the Law no. 554/2004 on the administrative dispute includes contracts concluded by the public authorities, contracts having the aim to valorize the public goods, the execution of works for public interest, public services, public procurement; by special laws can be provided other categories of public administration contracts subject to administrative jurisdiction of administrative dispute. Undoubtedly the new regulations prove the importance of administrative contracts – perceived as a form of ongoing public-private partnership – as being the instrument through which the individual lives and the community’s existence are influenced positively, without affecting the public budget, which by contrast, has been increased by the income achieved.
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Directory of Open Access Journals (Sweden)
Mohd Suhaimi Mohd Danuri
2012-06-01
Full Text Available The current dispute resolution procedures available in the Malaysian construction industry are mainly litigation and arbitration. In addition, the alternative dispute resolutions (ADR, namely mediation and adjudication, have also been introduced as the other methods for resolving disputes. The objective of this study is to examine the current practice of dispute resolution and ADR available in the Malaysian construction industry. The aim of this paper is two-fold: to report the current practice of dispute resolution and ADR, and identify the attributes of successful implementation of both mechanisms based on the perceptions of the Malaysian construction industry players. From the jurisprudence point of view, this study looks into the law as it is, in relation to the current practice of dispute resolution and ADR, by showing how those findings can be used to explain why improvement is needed to promote a successful and well received dispute resolution and ADR, and what lessons can be learnt, towards the formulation of a more viable methods for the Malaysian construction industry. NVivo software has been used to manage and organise the complete interview transcripts and facilitate the data analysis process for this study. Literature review reveals a continuous development of dispute resolution and ADR in the Malaysian construction industry, while, globally the industry has not only embraced ADR but also spearheaded the development of innovative forms of dispute avoidance mechanism. The findings of interviews show that locally, apart from litigation, the common types of ADR are arbitration, mediation and ad hoc mechanism. The findings also lead to the discovery of the following attributes: faster, less procedural, cost effective and enforceable; regulation and government's support; professionalism and ethic; training; and facility, that may promote a successful implementation of dispute resolution and ADR in Malaysia.
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DISPUTED MATTERS ON THE CONCEPT OF PUBLIC AUTHORITY
Directory of Open Access Journals (Sweden)
Elena Emilia ȘTEFAN
2015-07-01
Full Text Available The issue on the submitting of the statement of assets and interests is a subject of great interest within the Romanian society. Starting from this subject, this study aims to analyze which are the legal entities required under the legislation in force to submit the statement of assets and interests and the penalty incurred for the failure to do so. Furthermore, we consider relevant, in order to have an overview on the set out issue, to establish the significance of the concept of public authority. Not incidentally, we understand to discuss these two concepts, respectively the statement of assets and interests and the public authorities due to the fact that they were closely related within the judicial practice. Therefore, the qualification of a legal entity as a public authority leads to the obligation of the employees of the respective entity to submit the statement of assets and interests.
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Judicial aspects of emission trade. Disputes
International Nuclear Information System (INIS)
Bitter, J.W.
2004-01-01
Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In this last part attention will be paid to settlement of disputes in emissions trade [nl
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Briefing : the Eritrean-Ethiopian border dispute
Abbink, G.J.
1998-01-01
On 6 May 1998, a violent conflict erupted in the Ethiopian-Eritrean border area. This article contends that this border crisis is neither unexpected nor the result of a real border dispute. Rather, it is due to three factors: the particular history and relationship of the two insurgent movements
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Understanding the Characteristics of Dispute Settlement in Sharia Economic System
M. Arfin Hamid
2017-01-01
One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or...
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Settlement of Tax Disputes in the Russian Federation and Germany
Anastasiya Alexandrovna Konyukhova
2015-01-01
This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...
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Kalogeropoulos, A.; Albæk, E.; de Vreese, C.H.; van Dalen, A.
2015-01-01
In analogy to political sophistication, it is imperative that citizens have a certain level of economic sophistication, especially in times of heated debates about the economy. This study examines the impact of different influences (media, interpersonal communication and personal experiences) on
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An Overview of the Effective Use of Alternative Dispute Resolution in Education
Fowler, Gerard A.
2006-01-01
This article presents a brief overview of the current forms of alternative dispute resolution available in educational settings, along with insight into their development and success. In this article, I assess the influence of early alternative dispute resolution procedures in terms of their relevance to the settlement of conflicts within schools…
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Caspian energy and legal disputes: prospects for settlement
Energy Technology Data Exchange (ETDEWEB)
Ogutcu, Mehmet
2003-07-01
This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)
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Caspian energy and legal disputes: prospects for settlement
International Nuclear Information System (INIS)
Ogutcu, Mehmet
2003-01-01
This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)
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Content disputes in Wikipedia reflect geopolitical instability.
Apic, Gordana; Betts, Matthew J; Russell, Robert B
2011-01-01
Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.
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Schill, S.W.; Griller, S.; Obwexer, W.; Vranes, E.
2017-01-01
This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement assumes a pivotal role in trade and investment
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Alternative Means of Family Dispute Resolution.
Davidson, Howard, Ed.; And Others
Twenty-eight articles focusing on non-adversarial approaches to resolving family disputes without formal court procedures are collected in this manual. The 16 articles in the first chapter discuss aspects of divorce mediation. These are followed by six papers in the second chapter on the mediation of family conflicts involving domestic violence…
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Evaluation of the third-party mediation mechanism for medical disputes in China.
Zhao, Min
2011-09-01
Medical disputes have been increasing in recent years in China, which cause growing tension between doctors and patients. In many locations, it has started as a practice of exploring diversified dispute settlement methods. Great importance has been attached to the non-lawsuit model through third-party mediation, which might have been led by professional organizations, insurance companies, People's Mediation Committees, or three-level governmental authorities. Those have contributed to a rapid effective resolution of medical disputes. However, there are some deficiencies that need to be addressed and fixed up, thus calling for improvement, such as the lack of a sustainable supporting mechanism, unclear legal status of the mediation institutions and mediation agreements, patching up a quarrel by only compensation.
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Fraser, J J
2001-03-01
The purpose of this technical report is to provide pediatricians with an understanding of past crises within the professional liability insurance industry, the difficulties of the tort system, and alternative strategies for resolving malpractice disputes that have been applied to medical malpractice actions. Through this report, pediatricians will gain a technical understanding of common alternative dispute resolution (ADR) strategies. The report explains the distinctions between various ADR methods in terms of process and outcome, risks and benefits, appropriateness to the nature of the dispute, and long-term ramifications. By knowing these concepts, pediatricians faced with malpractice claims will be better-equipped to participate in the decision-making with legal counsel on whether to settle, litigate, or explore ADR options.
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Disputes and conflicts over water in Africa
CSIR Research Space (South Africa)
Ashton, PJ
2007-01-01
Full Text Available for water across the African continent, this paper briefly discusses the types of situations where disputes or conflicts have occurred over access to water. Specific consideration is given to the need for African countries to develop new collaborative...
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Contested hydrosocial territories and disputed water governance
Hommes, Lena; Boelens, Rutgerd; Maat, Harro
2016-01-01
Dam development in southeastern Turkey is a highly-disputed issue, fanned by the Turkish-Kurdish conflict, socio-environmental and historical-cultural concerns, and international geopolitical interests. This paper focuses on discussions around the Ilisu Dam and shows how different actor
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Dispute resolution in NAFTA and the WTO: a useful guide for SADC ...
African Journals Online (AJOL)
In the process of developing, structuring and formalising the mechanism for settlement of trade disputes in the SADC region, the system for the settlement of disputes in both NAFTA and the WTO can serve as a useful guide for SADC and even more so for the African Union. The swift, fair and just settlement of especially ...
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PAUL AND SOPHISTIC RHETORIC: A PERSPECTIVE ON HIS ...
African Journals Online (AJOL)
use of modern rhetorical theories but analyses the letter in terms of the clas- ..... If a critical reader would have had the traditional anti-sophistic arsenal ..... pressions and that 'rhetoric' is mainly a matter of communicating these thoughts.
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2012-01-12
... business to consumer cross-border electronic commerce disputes. The Working Group has been considering, inter alia, ODR procedural rules for resolution of cross-border electronic commerce disputes. For the... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group Meeting The Office of Private...
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Indonesia in the South China Sea Dispute: Humble-Hard Power
Robertua, Verdinand; Sinaga, Obsatar
2018-01-01
This research discussed the opportunities for Indonesia to act as humble-hard power in South China Sea dispute. Permanent Court of Arbitration’s decision in July 2016 to give South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on how to understand the conception of humble-hard power and the possibility for Indonesia to be humble-hard power in the South China Sea dispute? This article borrowed the concept of humble-hard power from Adam Nieves ...
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Directory of Open Access Journals (Sweden)
Andi Mardiana
2015-06-01
Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.
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Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency
Directory of Open Access Journals (Sweden)
Fauziyah Fauziyah
2016-06-01
Full Text Available In the year of 2013, Lumajang Regency carries out 159 village chief election (Pilkades. There are 4 disputes of Pilkades, and all about voice counting result of Pilkades. Local Regulation No. 24 year 2006 and Local Regulation No. 6 year 2012 do not state any matter of dispute in village headman election and mechanism of solution, but Local Government Regulation determines Watchdog Committee in the level of sub-district and Team of Village Governance Issues Completion in the level of District. Watchdog committee conducts supervision by preventive and repressive act. Supervision is done through preventive act in the form of communications and socialization to the village officer, Village Consultative Council (BPD, and Pilkades Committee about the importance of honest, fair and democratic Pilkades. Meanwhile, supervision is conducted through repressive act by facilitating the parties if dispute happened. As the result, committee executes the monitoring well, proven from 159 Pilkades, there was only 4 disputes, three among others can be resolved in non litigation process. Existence of Watchdog Committee is supported by the availability of budget coming from help of region budget (APBD that is packed into village budget (APBDes, Rp.2.000.000 for every Pilkades. How to Cite: Fauziyah, F., & Praptianingsih, S. (2016. Dispute Settlement Patterns on The Village Chief Election In Indonesia (Lumajang Regency. Rechtsidee, 3(1, 53-62. doi: http://dx.doi.org/10.21070/jihr.v3i1.159
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2013-02-19
... (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... report of the Appellate Body, will also be available on the Web site of the World Trade Organization at... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS455] WTO Dispute Settlement...
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Disputable issues in the application of the Administrative Procedure Act
Directory of Open Access Journals (Sweden)
Dimitrijević Predrag
2014-01-01
administrative agreements under the GAPA rules. This can be achieved either by amending the APA or by enacting a subject-specific act. The former option includes a number of possible solutions that we may consider (the Croatian APA, the ghastly Serbian draft GAPA, or the relevant application of the Public Procurement Act, etc.. Another previous and/or related question is what kind of concept of administrative procedure we shall opt for: the narrow (Austrian or the broader (German concept, where any action of the public administration is regarded as an administrative proceeding. There is a number of other disputable issues open for further discussion: shall the public authority be delegated only by means of a legislative act or agreement, and who is to scrutinize these processes; what is the inter-relation between the administrative procedure and the inspection procedure (in terms of general and subject-specific administrative procedures, or special administrative proceedings; can the administrative procedure institutes be accordingly applied in the inspection procedure (e.g., 'silence' of the inspection; what is the statutory time limit for the validity of interim administrative decisions; are the extraordinary legal remedies justifiable; is it practicable to shorten the time limit for issuing a decision; is the favorable concept of administrative silence sustainable; what are the legal effects of the E-governance procedure, etc.
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Cross-Border Litigation and ADR Mechanisms in Disputes Concerning Mobile Computing in the EU
DEFF Research Database (Denmark)
Savin, Andrej
2011-01-01
The aim of this paper is to discuss briefly how the EU rules on jurisdiction, choice of law and alternative dispute resolution in civil and commercial matters operate in the context of mobile computing. The article first looks at rules on jurisdiction in commercial disputes, both between businesses...... and between businesses and consumers. It then discusses the choice-of-law issues applicable to mobile computing. Finally, there is an examination of alternative dispute resolution as an alternative to regular courts in transactions involving mobile computing....
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The mutual agreement procedure and arbitration of double taxation disputes
Directory of Open Access Journals (Sweden)
Ilias Bantekas
2008-12-01
Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions oftransnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two disputesettlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relatingto the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting inthe negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played bythe parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how thesemechanisms relate and/or conflict with bilateral tax treaties and theGATS.
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Content disputes in Wikipedia reflect geopolitical instability.
Directory of Open Access Journals (Sweden)
Gordana Apic
Full Text Available Indicators that rank countries according socioeconomic measurements are important tools for regional development and political reform. Those currently in widespread use are sometimes criticized for a lack of reproducibility or the inability to compare values over time, necessitating simple, fast and systematic measures. Here, we applied the 'guilt by association' principle often used in biological networks to the information network within the online encyclopedia Wikipedia to create an indicator quantifying the degree to which pages linked to a country are disputed by contributors. The indicator correlates with metrics of governance, political or economic stability about as well as they correlate with each other, and though faster and simpler, it is remarkably stable over time despite constant changes in the underlying disputes. For some countries, changes over a four year period appear to correlate with world events related to conflicts or economic problems.
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2013-04-26
... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...
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75 FR 23318 - WTO Dispute Settlement Proceeding Regarding Philippines-Taxes on Distilled Spirits
2010-05-03
... of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization... established by the World Trade Organization (``WTO'') Dispute Settlement Body on April 20, 2010. USTR invites... available on the Web site of the World Trade Organization, http://www.wto.org . Comments will be placed in...
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Literacy, Numeracy and Alternative Dispute Resolution
Cumming, J. Joy; Wilson, Janice M.
2005-01-01
The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal…
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Isocratean Discourse Theory and Neo-Sophistic Pedagogy: Implications for the Composition Classroom.
Blair, Kristine L.
With the recent interest in the fifth century B.C. theories of Protagoras and Gorgias come assumptions about the philosophical affinity of the Greek educator Isocrates to this pair of older sophists. Isocratean education in discourse, with its emphasis on collaborative political discourse, falls within recent definitions of a sophist curriculum.…
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The role of trade union organization in solving labor disputes and strikes in Vietnam
Directory of Open Access Journals (Sweden)
Nguen T.H.
2017-01-01
Full Text Available the article describes the role of the trade union organization in solving labor disputes and strikes and the legal basis of the role of trade union organization in solving labor disputes and strikes in Vietnam.
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Collective Labor Disputes and Strikes in Russia: The Impact of Judicial Precedents and Enforcement
Directory of Open Access Journals (Sweden)
Elena Gerasimova
2017-01-01
Full Text Available The right to strike is recognized in the Constitution and the Labor Code of the Russian Federation as a means to resolve collective labor disputes. However, in Russia labor protests come up for discussion much more frequently than strikes. In recent years the number of labor protests in Russia, including various forms of work stoppage, has increased significantly compared to previous years, but the number of legally constituted collective labor disputes and strikes has remained very low. The legislation on resolution of collective labor disputes and mounting strikes is quite restrictive in Russia, and its enforcement also encourages employees to seek alternative ways to settle collective labor conflicts. There is little empirical research on the judicial implementation of these norms and its influence on the enforcement of legislation. Therefore, this paper analyses the reasoning of courts in cases on the legality of strikes, their interpretations of the law, and the impact these decisions have on the enforcement of the legislation on resolution of collective labor disputes and strikes. Our conclusion is that the courts act as another restrictive influence on the resolution of collective labor disputes and the exercise of the right to strike in Russia.
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2010-10-28
... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...
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[Ethical issues in a market dispute between clinical laboratories and a health plan: case report].
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.
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Justice Dispensation through the Alternative Dispute Resolution System in India
Directory of Open Access Journals (Sweden)
Krishna Agrawal
2014-01-01
Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and
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Optional IDEA Alternative Dispute Resolution. inForum
Henderson, Kelly
2008-01-01
Though most interactions between parents and school personnel about students with disabilities are positive and productive, disagreements can arise. Disputes may range in intensity from minor miscommunications to significant conflicts that trigger the use of procedural safeguards available under federal law. The Individuals with Disabilities…
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SMEs and new ventures need business model sophistication
DEFF Research Database (Denmark)
Kesting, Peter; Günzel-Jensen, Franziska
2015-01-01
, and Spreadshirt, this article develops a framework that introduces five business model sophistication strategies: (1) uncover additional functions of your product, (2) identify strategic benefits for third parties, (3) take advantage of economies of scope, (4) utilize cross-selling opportunities, and (5) involve...
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Resolution of Disputes Involving Variations in Estimated Quantities
National Research Council Canada - National Science Library
Willmore, Charles
2000-01-01
.... It was written by an engineering student and is not intended to be a legal reference document. Legal precedent was researched to determine the rules used by the courts to decide these disputes...
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61 Traditional Settlement of Dispute amongst Ikwerre Ethnic ...
African Journals Online (AJOL)
First Lady
2013-01-28
Jan 28, 2013 ... Ogoloma, Fineface I. - Institute of Foundation Studies (IFS), Rivers. State University .... There are many case studies that emphasize Traditional Dispute Settlement in ..... Religion and Social Conflict Management (The case of.
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Dejavniki uspešnosti mediacije v sodnih sporih = Factors of Mediation Success in Court Disputes
Directory of Open Access Journals (Sweden)
Roberto Biloslavo
2009-09-01
Full Text Available A massive decrease in successful mediation procedures at the AlternativeDispute Resolution Department at the District Court in Ljubljanaraises the question of what its causes are. To recognize factorsthat contribute to a successful mediation we did qualitative researchon a sample of nine mediators. It was determined in the research thatthe mediators believe that the factors which greatly influence the decreasein successfulness in mediation procedures are: the manner ofrealization of mediation procedure, phase in which the dispute shouldbe solved with mediations, role of the judge in the phase of startingmediation, suitability of dispute for mediation, possibility to choose amediator, mediator himself, use of method for dispute resolution, separateand joint sessions and payability of mediation procedure. In conclusion,we present guidelines and proposals according to researchfindings.
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2011-05-27
... Connection With the EC-Beef Hormones Dispute AGENCY: Office of the United States Trade Representative. ACTION... Hormones dispute. In January 2009, the Trade Representative announced a determination to modify the list of...) in the EC-Beef Hormones dispute. The MOU provides for the EU to make phased increases in market...
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The Role of Symbolic Capital in Stakeholder Disputes
DEFF Research Database (Denmark)
Benn, Suzanne; Jones, Richard
2009-01-01
This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion with governm......This paper examines almost 30 years of disputation concerning the disposal of the world's largest stockpile of the toxic organochlorine, hexachlorbenzene. It describes the study of a chemicals company in its attempt to manage the disposal of the toxic waste in a collaborative fashion...... and identity. The events of the study highlight the challenges faced by contemporary technoscientific corporations such as chemicals companies as they must deliver on requirements of transparency and openness, while maintaining technoscientific capacity and strong internal identity. We conclude that the study...
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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.
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28 CFR 100.21 - Alternative dispute resolution.
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...
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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...
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Sociological Perspectives on Sexual Harassment and Workplace Dispute Resolution.
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)
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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 -
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.
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Application of alternative dispute resolution in the field of construction projects
Yaskova, Natalia; Zaitseva, Larisa
2017-10-01
The article deals with the features of the Russian Federation legal system that do not allow to fully bring into effect the potential of the out-of-court dispute resolution due to the specific nature of contracts and subject composition of legal relations, especially in the field of construction projects. Examples of these methods are analyzed on the basis of the experience of foreign countries, suggestions for their development are stated, and types of disputes are studied, within which abuse of rights in contractual obligations is possible.
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The practice of mediation to resolve clinical, bioethical, and medical malpractice disputes.
Lee, Danny W H; Lai, Paul B S
2015-12-01
Mediation is a voluntary process whereby a neutral and impartial third party-t-he mediator--is present to facilitate communication and negotiation between the disputing parties so that amicable settlements can be agreed. Being confidential and non-adversarial in nature, the mediation process and skills are particularly applicable in clinical practice to facilitate challenging communications following adverse events, to assist bioethical decision making and to resolve disputes. Mediation is also a more effective and efficient means of dispute resolution in medical malpractice claims when compared with civil litigation. Health care mediation teams should be set up at individual facilities to provide education and consultation services to frontline staff and patients. At a community level, the Government, the mediation community, and the health care professionals should join forces to promote mediation as a means to settle medical malpractice claims outside of the courtroom.
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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.
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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...
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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.
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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...
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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...
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The Energy Charter Treaty and settlement of disputes – current challenges
Directory of Open Access Journals (Sweden)
Iuliana-Gabriela Iacob
2016-06-01
Full Text Available The Energy Charter Treaty (the “ECT” is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.
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Cognitive ability rivals the effect of political sophistication on ideological voting
DEFF Research Database (Denmark)
Hebbelstrup Rye Rasmussen, Stig
2016-01-01
This article examines the impact of cognitive ability on ideological voting. We find, using a US sample and a Danish sample, that the effect of cognitive ability rivals the effect of the traditionally strongest predicter of ideological voting political sophistication. Furthermore, the results...... are consistent with the effect of cognitive ability being partly mediated by political sophistication. Much of the effect of cognitive ability remains however and is not explained by differences in education or Openness to experience either. The implications of these results for democratic theory are discussed....
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47 CFR 64.1703 - Dispute resolution default process.
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...
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Directory of Open Access Journals (Sweden)
Yordan Gunawan
2017-03-01
Full Text Available The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.
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2012-08-06
... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning China... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... TRADE REPRESENTATIVE [Dispute No. WT/DS440/1] WTO Dispute Settlement Proceeding Regarding China...
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2012-04-02
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS429] WTO Dispute Settlement..., regulations, administrative procedures, practices, and methodologies. That request may be found at www.wto.org... notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures...
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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.
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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 ...
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Directory of Open Access Journals (Sweden)
Gina Livioara Goga
2016-05-01
Full Text Available The current legislation on public procurement, namely Government Emergency Ordinance no. 34/2006 on the public procurement contracts, public works concession contracts and service concession, currently governs the arbitration institution, having the possibility of settling any disputes regarding the execution of contracts. We consider that the contested provisions infringe the principle of predictability, as they are not clear because of the regulation of the two articles, and thus the analysis of the entire chapter entitled “Solving complaints” (Chapter IX of the G.E.O. 34/2006 in conjunction with the title order or with the purpose and principles of the adoption of G.E.O. 34/2006, it appears that it refers only to the procedure for settling disputes arising in attributing public procurement contracts, concession contracts for public works service concession contracts.
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The Public Protector as a mechanism of political accountability: the ...
African Journals Online (AJOL)
The paper, however, cautions that the Public Protector is not an alternative dispute resolution institution parallel to courts. But that the Public Protector complements the role played by courts by offering another medium through which such right may be realised. Keywords: Right to access to adequate housing; political ...
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2012-09-04
... Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed... Appellate Body, will also be available on the Web site of the World Trade Organization at www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WT/DS444] WTO Dispute Settlement...
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2012-01-13
... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the People's Republic... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS427] WTO Dispute Settlement...
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2012-10-11
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS440] WTO Dispute Settlement... under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the... certain automobiles from the United States. That request may be found at www.wto.org in a document...
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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.
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48 CFR 2922.101-3 - Reporting labor disputes.
2010-10-01
... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Reporting labor disputes. 2922.101-3 Section 2922.101-3 Federal Acquisition Regulations System DEPARTMENT OF LABOR SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Basic Labor Policies 2922.101-3 Reporting...
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Dispute 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
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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.…
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China in the South China Sea Dispute: Between Status Quo and Revisionist
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...
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Directory of Open Access Journals (Sweden)
Peter Wanke
2008-10-01
Full Text Available A strong link has been established between operational excellence and the degree of sophistication of logistics organization, a function of factors such as performance monitoring, investment in Information Technology [IT] and the formalization of logistics organization, as proposed in the Bowersox, Daugherty, Dröge, Germain and Rogers (1992 Leading Edge model. At the same time, shippers have been increasingly outsourcing their logistics activities to third party providers. This paper, based on a survey with large Brazilian shippers, addresses a gap in the literature by investigating the relationship between dimensions of logistics organization sophistication and drivers of logistics outsourcing. To this end, the dimensions behind the logistics sophistication construct were first investigated. Results from factor analysis led to the identification of six dimensions of logistics sophistication. By means of multivariate logistical regression analyses it was possible to relate some of these dimensions, such as the formalization of the logistics organization, to certain drivers of the outsourcing of logistics activities of Brazilian shippers, such as cost savings. These results indicate the possibility of segmenting shippers according to characteristics of their logistics organization, which may be particularly useful to logistics service providers.
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Directory of Open Access Journals (Sweden)
Reza Kalantari
2017-10-01
Full Text Available This longitudinal case study explored Iranian EFL learners’ lexical complexity (LC through the lenses of Dynamic Systems Theory (DST. Fifty independent essays written by five intermediate to advanced female EFL learners in a TOEFL iBT preparation course over six months constituted the corpus of this study. Three Coh-Metrix indices (Graesser, McNamara, Louwerse, & Cai, 2004; McNamara & Graesser, 2012, three Lexical Complexity Analyzer indices (Lu, 2010, 2012; Lu & Ai, 2011, and four Vocabprofile indices (Cobb, 2000 were selected to measure different dimensions of LC. Results of repeated measures analysis of variance (RM ANOVA indicated an improvement with regard to only lexical sophistication. Positive and significant relationships were found between time and mean values in Academic Word List and Beyond-2000 as indicators of lexical sophistication. The remaining seven indices of LC, falling short of significance, tended to flatten over the course of this writing program. Correlation analyses among LC indices indicated that lexical density enjoyed positive correlations with lexical sophistication. However, lexical diversity revealed no significant correlations with both lexical density and lexical sophistication. This study suggests that DST perspective specifies a viable foundation for analyzing lexical complexity
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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 ...
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The Dubai Approach as a New Resolution System for Islamic Finance Dispute Cases
Kawamura, Ai
2013-01-01
This paper aims to clarify the new dispute resolution system for Islamic finance by examining its relationship with the conventional dispute resolution systems. Islamic finance has been developing rapidly and has expanded its presence in the Gulf region, especially in the United Arab Emirates (UAE). At the same time, special regulations and legislations were established in order to maintain the stability of this market. There have been discussions around how Islamic financial cases being hand...
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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)
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SPECIFIC REGULATIONS REGARDING THE SOLVING OF LABOR DISPUTES IN ROMANIAN LEGAL SYSTEM
Directory of Open Access Journals (Sweden)
Onica -Chipea Lavinia
2012-01-01
Full Text Available The paper aims to briefly review specific provisions of labor legislation for the solving of labor disputes. Those rules are found in matters of discrimination in the payment settlements, the public sector staff as well as some personnel status or disciplinary (work stops at Status of Teachers and established a derogationfrom the common law (Labor Code Law nr.62/2011 of Social Dialogue in resolving individual labor conflicts(former conflicts of rights. The role and importance of these regulations is that they give the parties the employment relationship, particularly employees, way, way more for rights enshrined in law. Appeals, complaints or expressions of individual grievances be settled outside the judicial system organ (the courts,authorizing officers, judicial administrative organs, which aim at restoring order violated.
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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.
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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
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2011-03-31
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures regarding certain frozen warmwater shrimp from China. That request may be found at http://www.wto...
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Graves, Ancestors and Cement in Land disputes in Acholi and Ikland, Uganda
DEFF Research Database (Denmark)
Meinert, Lotte; Willerslev, Rane; Seebach, Sophie Hooge
2017-01-01
graves are made concrete and increasingly cemented indices of belonging in wrangles over land. Belonging is often justified through the presence of ancestor graves on land. The cementing of graves turns them into more concrete and durable proofs of ownership, and the reburial of relatives to disputed......The paper explores the roles of graves, ancestors and concrete pillars in disputes over land across different land-systems, -conflicts, and territory making in northern Uganda by comparing extended cases between Acholi in Gulu district and Ik in Kaabong district . In the post-conflict Acholi region...
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Young Children's Personal Accounts of Their Sibling Disputes
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…
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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.
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A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field.
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.
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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…
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MacKenzie, Ross; Lee, Kelley; LeGresley, Eric
2015-08-21
The opening of the Thai tobacco market, following action brought by the US Trade Representative under the General Agreement on Tariffs and Trade, is seen as a key case study of the tensions between trade and health policy. Interpretations of the dispute cast it, either as an example of how trade agreements undermine national policy-making, or how governments can adopt effective public health protections compliant with international trade rules. As a UK-based company, British American Tobacco has been regarded as peripheral to this dispute. This paper argues that its close monitoring of the illegal trade during this period, the role of smuggling in the company's global business strategy, and its management of the relative supply and pricing of legal and illegal products after market opening provide a fuller understanding of the interests and roles of transnational tobacco companies and the government in this dispute. The findings have important policy implications, notably the role of effective governance in countries facing pressure to open their tobacco sectors, need to better understand corporate-level activities within an increasingly globalised tobacco industry, and need to address the intertwined legal and illegal trade in implementing the WHO Framework Convention on Tobacco Control Protocol to Eliminate Illicit Trade in Tobacco Products.
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Countering China’s Maritime Territorial Disputes
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
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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...
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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
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Directory of Open Access Journals (Sweden)
Muhammad Taufiq
2016-01-01
Full Text Available Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.
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Disputes over land and water rights in gold mining
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;
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2011-11-07
... Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www... of the Appellate Body, will be available on the Web site of the World Trade Organization, www.wto.org... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS422] WTO Dispute Settlement...
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Alternative Dispute Resolution: A Business (and) Communication Strategy.
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…
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Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.
Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou
2011-10-01
This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.
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Exit and Voice: Organizational Loyalty and Dispute Resolution Strategies
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…
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Directory of Open Access Journals (Sweden)
Daniel Müllensiefen
Full Text Available Musical skills and expertise vary greatly in Western societies. Individuals can differ in their repertoire of musical behaviours as well as in the level of skill they display for any single musical behaviour. The types of musical behaviours we refer to here are broad, ranging from performance on an instrument and listening expertise, to the ability to employ music in functional settings or to communicate about music. In this paper, we first describe the concept of 'musical sophistication' which can be used to describe the multi-faceted nature of musical expertise. Next, we develop a novel measurement instrument, the Goldsmiths Musical Sophistication Index (Gold-MSI to assess self-reported musical skills and behaviours on multiple dimensions in the general population using a large Internet sample (n = 147,636. Thirdly, we report results from several lab studies, demonstrating that the Gold-MSI possesses good psychometric properties, and that self-reported musical sophistication is associated with performance on two listening tasks. Finally, we identify occupation, occupational status, age, gender, and wealth as the main socio-demographic factors associated with musical sophistication. Results are discussed in terms of theoretical accounts of implicit and statistical music learning and with regard to social conditions of sophisticated musical engagement.
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Müllensiefen, Daniel; Gingras, Bruno; Musil, Jason; Stewart, Lauren
2014-01-01
Musical skills and expertise vary greatly in Western societies. Individuals can differ in their repertoire of musical behaviours as well as in the level of skill they display for any single musical behaviour. The types of musical behaviours we refer to here are broad, ranging from performance on an instrument and listening expertise, to the ability to employ music in functional settings or to communicate about music. In this paper, we first describe the concept of 'musical sophistication' which can be used to describe the multi-faceted nature of musical expertise. Next, we develop a novel measurement instrument, the Goldsmiths Musical Sophistication Index (Gold-MSI) to assess self-reported musical skills and behaviours on multiple dimensions in the general population using a large Internet sample (n = 147,636). Thirdly, we report results from several lab studies, demonstrating that the Gold-MSI possesses good psychometric properties, and that self-reported musical sophistication is associated with performance on two listening tasks. Finally, we identify occupation, occupational status, age, gender, and wealth as the main socio-demographic factors associated with musical sophistication. Results are discussed in terms of theoretical accounts of implicit and statistical music learning and with regard to social conditions of sophisticated musical engagement.
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The New Toxicology of Sophisticated Materials: Nanotoxicology and Beyond
Maynard, Andrew D.; Warheit, David B.; Philbert, Martin A.
2011-01-01
It has long been recognized that the physical form of materials can mediate their toxicity—the health impacts of asbestiform materials, industrial aerosols, and ambient particulate matter are prime examples. Yet over the past 20 years, toxicology research has suggested complex and previously unrecognized associations between material physicochemistry at the nanoscale and biological interactions. With the rapid rise of the field of nanotechnology and the design and production of increasingly complex nanoscale materials, it has become ever more important to understand how the physical form and chemical composition of these materials interact synergistically to determine toxicity. As a result, a new field of research has emerged—nanotoxicology. Research within this field is highlighting the importance of material physicochemical properties in how dose is understood, how materials are characterized in a manner that enables quantitative data interpretation and comparison, and how materials move within, interact with, and are transformed by biological systems. Yet many of the substances that are the focus of current nanotoxicology studies are relatively simple materials that are at the vanguard of a new era of complex materials. Over the next 50 years, there will be a need to understand the toxicology of increasingly sophisticated materials that exhibit novel, dynamic and multifaceted functionality. If the toxicology community is to meet the challenge of ensuring the safe use of this new generation of substances, it will need to move beyond “nano” toxicology and toward a new toxicology of sophisticated materials. Here, we present a brief overview of the current state of the science on the toxicology of nanoscale materials and focus on three emerging toxicology-based challenges presented by sophisticated materials that will become increasingly important over the next 50 years: identifying relevant materials for study, physicochemical characterization, and
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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…
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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.
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Legal disputes as a proxy for regional conflicts over water rights in Chile
Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel
2016-04-01
Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the
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Settlement Ends Dispute between Princeton and Donors' Heirs
Masterson, Kathryn; Gose, Ben
2009-01-01
This article reports that Princeton University has settled a long-running dispute with the heirs of a major donor by agreeing to pay $50-million to the heirs' foundation and approximately the same amount for their legal fees. The case has been closely watched as a test of how strictly institutions must adhere to donors' wishes. The settlement…
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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
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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...
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Procles the Carthaginian: A North African Sophist in Pausanias’ Periegesis
Directory of Open Access Journals (Sweden)
Juan Pablo Sánchez Hernández
2010-11-01
Full Text Available Procles, cited by Pausanias (in the imperfect tense about a display in Rome and for an opinion about Pyrrhus of Epirus, probably was not a historian of Hellenistic date, but a contemporary sophist whom Pausanias encountered in person in Rome.
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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...
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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...
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Directory of Open Access Journals (Sweden)
John Zeleznikow
2017-05-01
Full Text Available The growing rise in the number of self-represented litigants has negative implications for both the court system and access to justice. The expanding use of Artificial Intelligence and the World Wide Web has led to the development and use of Online Dispute Resolution. In this article we investigate a number of systems in Australian Family Law that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that incorporates advice about BATNAs and potential trade-offs as well as allowing online communication can enhance access to justice.
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Does underground storage still require sophisticated studies?
International Nuclear Information System (INIS)
Marsily, G. de
1997-01-01
Most countries agree to the necessity of burying high or medium-level wastes in geological layers situated at a few hundred meters below the ground level. The advantages and disadvantages of different types of rock such as salt, clay, granite and volcanic material are examined. Sophisticated studies are lead to determine the best geological confinement but questions arise about the time for which safety must be ensured. France has chosen 3 possible sites. These sites are geologically described in the article. The final place will be proposed after a testing phase of about 5 years in an underground facility. (A.C.)
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MacKenzie, Ross; Lee, Kelley; LeGresley, Eric
2016-01-01
The opening of the Thai tobacco market, following action brought by the US Trade Representative under the GATT, is seen as a key case study of the tensions between trade and health policy. Interpretations of the dispute cast it, either as an example of how trade agreements undermine national policy making, or how governments can adopt effective public health protections compliant with international trade rules. As a UK-based company, British American Tobacco has been regarded as peripheral to this dispute. This paper argues that its close monitoring of the illegal trade during this period, the role of smuggling in the company’s global business strategy, and its management of the relative supply and pricing of legal and illegal products after market opening provide a fuller understanding of the interests and roles of transnational tobacco companies and the government in this dispute. The findings have important policy implications, notably the role of effective governance in countries facing pressure to open their tobacco sectors, need to better understand corporate-level activities within an increasingly globalized tobacco industry, and need to address the intertwined legal and illegal trade in implementing the WHO Framework Convention on Tobacco Control Protocol to Eliminate Illicit Trade in Tobacco Products. PMID:26295971
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Construction mediation and its hybridization: the case of the Hong Kong construction industry
Directory of Open Access Journals (Sweden)
Ng Pui-Lam
2017-01-01
Full Text Available In view of the sophisticated nature of construction disputes, specialized dispute resolution mechanisms are of pivotal importance to the satisfactory settlement between disputing parties. Among the various construction dispute resolution mechanisms, mediation has been increasingly gaining recognition and acceptance. Its hybrid, namely mediation-arbitration (med-arb, has also emerged and has started receiving attention and appreciation. With special reference to the construction industry practice in Hong Kong, a commentary on the respective merits and demerits of construction mediation and construction med-arb, as well as the ways forward, are presented in this article.
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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...
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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
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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...
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Autonomy and Authority in the Resolution of Sibling Disputes.
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…
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47 CFR 76.975 - Commercial leased access dispute resolution.
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...
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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.
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International Jurisdiction and Commercial Litigation: uniform rules for contract disputes
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
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B-Lynch, C; Coker, A; Dua, J A
1996-12-01
1. To evaluate the common causes of medico-legal dispute in obstetrics and gynaecology. 2. To assess the potential benefit of early alternative dispute resolution. A prospective analysis of over 500 cases submitted from over 100 solicitors between 1984 and 1994 for medical expert opinion on potential medico-legal claims. Five hundred consecutive cases that met the inclusion criteria: 488 from the United Kingdom and 12 from abroad (Hong Kong, Republic of Ireland). The main principles underlining medico-legal disputes and causes of such claims. Analysis of 500 claims show 46% were misguided allegations, 19% incompetent care, 12% error of judgement, 9% lack of expertise, 7% failure of communication, 6% poor supervision and 1% inadequate staffing. Of the misguided allegations 119/225 cases (59%) were obstetric and 111/275 (40%) cases were gynaecological. The most common cause of obstetric dispute was "cerebral palsy' (22%), while the commonest cause of gynaecological dispute was failed sterilisation (19%). Settled claims were under-reported by solicitors. Because of the high percentage (46%) of misguided allegations, an alternative course of dispute resolution must be a realistic way forward. This course of action, combined with improved communication, could result in a major reduction in the costs of potential medical litigation. Early alternative dispute resolution should be considered in an attempt to reduce the escalating quantum of damages and costs. We recommend recruiting independent, experienced and unbiased consultants in active practice within the appropriate specialty to review such cases at the level of hospital complaints management as an in house review procedure, particularly for small and moderate-sized claims, as a means whereby doctors can retain control of medico-legal disputes, in contrast to control by the legal profession.
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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.
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Finding the Fabulous Few: Why Your Program Needs Sophisticated Research.
Pfizenmaier, Emily
1981-01-01
Fund raising, it is argued, needs sophisticated prospect research. Professional prospect researchers play an important role in helping to identify prospective donors and also in helping to stimulate interest in gift giving. A sample of an individual work-up on a donor and a bibliography are provided. (MLW)
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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.
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Directory of Open Access Journals (Sweden)
Marie Devaine
2017-11-01
Full Text Available Theory of Mind (ToM, i.e. the ability to understand others' mental states, endows humans with highly adaptive social skills such as teaching or deceiving. Candidate evolutionary explanations have been proposed for the unique sophistication of human ToM among primates. For example, the Machiavellian intelligence hypothesis states that the increasing complexity of social networks may have induced a demand for sophisticated ToM. This type of scenario ignores neurocognitive constraints that may eventually be crucial limiting factors for ToM evolution. In contradistinction, the cognitive scaffolding hypothesis asserts that a species' opportunity to develop sophisticated ToM is mostly determined by its general cognitive capacity (on which ToM is scaffolded. However, the actual relationships between ToM sophistication and either brain volume (a proxy for general cognitive capacity or social group size (a proxy for social network complexity are unclear. Here, we let 39 individuals sampled from seven non-human primate species (lemurs, macaques, mangabeys, orangutans, gorillas and chimpanzees engage in simple dyadic games against artificial ToM players (via a familiar human caregiver. Using computational analyses of primates' choice sequences, we found that the probability of exhibiting a ToM-compatible learning style is mainly driven by species' brain volume (rather than by social group size. Moreover, primates' social cognitive sophistication culminates in a precursor form of ToM, which still falls short of human fully-developed ToM abilities.
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The Dewey-Hutchins Debate: A Dispute over Moral Teleology
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…
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Dispute resolution: the use of arbitration in the credit card industry
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.
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Documenting death: public access to government death records and attendant privacy concerns.
Boles, Jeffrey R
2012-01-01
This Article examines the contentious relationship between public rights to access government-held death records and privacy rights concerning the deceased, whose personal information is contained in those same records. This right of access dispute implicates core democratic principles and public policy interests. Open access to death records, such as death certificates and autopsy reports, serves the public interest by shedding light on government agency performance, uncovering potential government wrongdoing, providing data on public health trends, and aiding those investigating family history, for instance. Families of the deceased have challenged the release of these records on privacy grounds, as the records may contain sensitive and embarrassing information about the deceased. Legislatures and the courts addressing this dispute have collectively struggled to reconcile the competing open access and privacy principles. The Article demonstrates how a substantial portion of the resulting law in this area is haphazardly formed, significantly overbroad, and loaded with unintended consequences. The Article offers legal reforms to bring consistency and coherence to this currently disordered area of jurisprudence.
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Directory of Open Access Journals (Sweden)
Intan Soeparna
2015-10-01
Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views
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Directory of Open Access Journals (Sweden)
Stanivuković Maja
2011-01-01
Full Text Available The idea of foreign investments in nuclear energy sector is relatively new. Foreign investors were for a long time denied an opportunity to invest in the sector which was considered to be too sensitive for reasons of safety and security. Together with the change of an attitude towards foreign private investment in this area a possibility of disputes between foreign investors and the host State also emerged. The Energy Charter Treaty represents the only currently existing comprehensive legal instrument of multilateral character which specifically provides for protection of foreign investments in the energy sector against non-commercial risks and establishes a mechanism for resolution of investment disputes. The article contains a review of the cases of HEP v. Slovenia and AMTO v. Ukraine, the only two arbitrations that have arisen so far under the ECT from disputes concerning foreign investments in the nuclear sector. Their analysis shows that the involvement of State in this sector is indispensable but it should be exercised with respect for rights of investors protected by international law. Regulatory measures introduced by the State to protect certain important interest, such as public health, safety, security or the environment, may be perceived by the investor as having equivalent effect to expropriation. Regulatory uncertainty is considered to be one of the main deterrents to investment in new nuclear plants.
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Kim, Minkyung; Crossley, Scott A.; Kyle, Kristopher
2018-01-01
This study conceptualizes lexical sophistication as a multidimensional phenomenon by reducing numerous lexical features of lexical sophistication into 12 aggregated components (i.e., dimensions) via a principal component analysis approach. These components were then used to predict second language (L2) writing proficiency levels, holistic lexical…
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Few remarks on chiral theories with sophisticated topology
International Nuclear Information System (INIS)
Golo, V.L.; Perelomov, A.M.
1978-01-01
Two classes of the two-dimensional Euclidean chiral field theoreties are singled out: 1) the field phi(x) takes the values in the compact Hermitiam symmetric space 2) the field phi(x) takes the values in an orbit of the adjoint representation of the comcompact Lie group. The theories have sophisticated topological and rich analytical structures. They are considered with the help of topological invariants (topological charges). Explicit formulae for the topological charges are indicated, and the lower bound extimate for the action is given
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THE DUAL-TRACK APPROACH OF THE PRC TO THE RESOLUTION OF DISPUTES IN THE SOUTH CHINA SEA
Directory of Open Access Journals (Sweden)
Т И Понька
2017-12-01
Full Text Available The Asia-Pacific region is becoming one of the centers of global economic and political development. Countries of the region actively develop their economy, implement democratic reforms, and are also interested in peace and security in the region. A serious destabilizing factor in the Asia-Pacific region is territorial disputes between China and a number of countries in the region. China is taking the lead in the region and resolutely defends its interests, including territorial ones. The growing economic and military strength of China bothers other countries of Asia-Pacific region. Japan, Vietnam, South Korea, Indonesia also claim regional leadership. They also demonstrate determination in their territorial claims. Confrontation with China encourages the countries of the region to seek political and military support from the US, that could lead to the aggravation of the situation in the region in future. Meanwhile, China is also interested in good relations with neighbors, that’s why it changes approaches of solving its territorial issues. The objective of the research is to define China’s approach to territorial disputes in Asia-Pacific region. For this purpose, the authors set some tasks: first, to point out the main territorial disputes between China and Asia-Pacific countries, second, to consider how the problem of territorial disputes in Asia-Pacific region first appeared and developed, and how the Chinese government reacted to it, and finally, to analyze the role of international organizations, such as the UN and ASEAN in settling disputes in Asia-Pacific region. Summarizing the results of their research, the authors make the important conclusion that China’s stance on disputed territories remains unchanged, and at the same time, Chinese government seeks to solve the existing territorial problems peacefully, without using military force.
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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.
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Health care litigation: the arbitration alternative for dispute resolution.
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.
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Bushaw, William J.; Lopez, Shane J.
2011-01-01
This is the latest in a series of polls sponsored by Phi Delta Kappa International with the Gallup organization. Some important findings of this year's poll include: About half of us believe teacher unions are hurting public education, but we're more likely to support teacher union leaders than governors in disputes over teacher collective…
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76 FR 22848 - Alternative Dispute Resolution (ADR) and Conflict Management
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...
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STOCK EXCHANGE LISTING INDUCES SOPHISTICATION OF CAPITAL BUDGETING
Directory of Open Access Journals (Sweden)
Wesley Mendes-da-Silva
2014-08-01
Full Text Available This article compares capital budgeting techniques employed in listed and unlisted companies in Brazil. We surveyed the Chief Financial Officers (CFOs of 398 listed companies and 300 large unlisted companies, and based on 91 respondents, the results suggest that the CFOs of listed companies tend to use less simplistic methods more often, for example: NPV and CAPM, and that CFOs of unlisted companies are less likely to estimate the cost of equity, despite being large companies. These findings indicate that stock exchange listing may require greater sophistication of the capital budgeting process.
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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.
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Directory of Open Access Journals (Sweden)
Harsh Pathak
2016-10-01
Full Text Available With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of private international law, or conflict of laws as called by different nations. Such urgency led to many conventions, one of most important being The New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law promulgated in 1985 and amended as recently as 2006 which has been the source for International Arbitration, the most widely used dispute resolution method for international commercial trade and transactions and many countries like India have also based their legislations on the rules of the UNCITRAL Model Law. Most European countries as well as India have ratified the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards for the purposes of International trade and commercial transactions therefore opening the gateway for international commercial transactions to take place among such convention countries easier. Further, the judiciary of concerned countries has also affirmed such ratification and the applicability of the Model Law laid down.
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Directory of Open Access Journals (Sweden)
Aripurnomo Kartohardjono
2017-12-01
Full Text Available The Increasing of infrastructure development in Indonesia and the need of facilities and infrastructure for the resident and also upgrading and advancing the technology every subject need to have a proper contract and this may result in prolonged disputes when in to a project contract and disputes that are not handled carefully especially when associated with a broad of territory of Indonesia that has diverse cultures languages and customs. Referring to Act no. 18 1999 on Construction Services Act no. 30 1999 on Arbitration and Alternative Dispute Settlement and Act No.2 of 2017 concerning Construction Services that is Indonesia path of law for construction disputes settlement Legal culture in Indonesia among others consensus for consensus as one of the legal component also greatly affect the work of the legal system. Attitudes of eastern society that put forward the values of harmonization for the application of law in solving the problem. The eastern people tend to reject the application of the third party to solve the construction dispute because the court is considered as the rifters of social relations of society. The value of harmony and tend to close the problem is the culture of the eastern society and this is certainly very different from the way of view and attitude of western society in looking at the law. The modeling given the variables which need to be observed so that the conflicts can be minimized. The results of the questionnaires modeled with the model proved statistically to provide information that dispute resolution with the dispute board is the preferred system of society in the scope of the study area. This is to increase awareness or prevent the happening of dispute. So dispute resolution could resolve quickly and appropriately and must be handled from the beginning of contract by independent experts trusts and people respect to it. So the project continues but the settlement of claims and or disputes is still being
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Directory of Open Access Journals (Sweden)
Dunja Majstorović
2010-12-01
Full Text Available Among the more common assertions regarding the media is the existence of a large number of ethical disputes in front page news articles in daily newspapers. Therefore, the main goal of this studyis to establish the number of ethical disputes in articles placed on the front pages of Croatia’s two main dailies, Jutarnji list and Večernji list (sample of one month. In the course of the research three hypotheses were made with the purpose of verifying their accuracy. Using content analysis as the primary method for analysis, the ethically disputable articles were divided into the following categories: anonymous sources, biased display of events, violations of human rights, inappropriate reporting, and headlines that fail to match the text. The same articles were then classifi ed into categories according to their topics. The results of this study confi rm all three hypotheses, the fi rst of which is that there are a large number of ethical disputes in the analyzed articles. In Jutarnji list 26 articles (of 95 analyzed articles contained 30 ethical disputes and in Večernji list 23 articles (of 108 analyzed contained 29 ethical disputes. Further, this study concludes that there is a distinct similarity in the number of ethical disputes in the articles in both newspapers. The results verify the third hypothesis; the largest number of ethically disputable articles centered on topics related to domestic politics. The results of the research indicate a violation of journalism ethics which can be explained by increasing sensationalism in daily newspapers. The result of inappropriate reporting has a significant impact on the decline of credibility of newspapers as a medium.
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Considering Mediation for Special Education Disputes: A School Administrator's Perspective.
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…
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Erickson, Sarah J.; Montague, Erica Q.; Maclean, Peggy C.; Bancroft, Mary E.; Lowe, Jean R.
2013-01-01
Children born very low birth weight (development of self-regulation and effective functional skills, and play serves as an important avenue of early intervention. The current study investigated associations between maternal flexibility and toddler play sophistication in Caucasian, Spanish speaking Hispanic, English speaking Hispanic, and Native American toddlers (18-22 months adjusted age) in a cross-sectional cohort of 73 toddlers born VLBW and their mothers. We found that the association between maternal flexibility and toddler play sophistication differed by ethnicity (F(3,65) = 3.34, p = .02). In particular, Spanish speaking Hispanic dyads evidenced a significant positive association between maternal flexibility and play sophistication of medium effect size. Results for Native Americans were parallel to those of Spanish speaking Hispanic dyads: the relationship between flexibility and play sophistication was positive and of small-medium effect size. Findings indicate that for Caucasians and English speaking Hispanics, flexibility evidenced a non-significant (negative and small effect size) association with toddler play sophistication. Significant follow-up contrasts revealed that the associations for Caucasian and English speaking Hispanic dyads were significantly different from those of the other two ethnic groups. Results remained unchanged after adjusting for the amount of maternal language, an index of maternal engagement and stimulation; and after adjusting for birth weight, gestational age, gender, test age, cognitive ability, as well maternal age, education, and income. Our results provide preliminary evidence that ethnicity and acculturation may mediate the association between maternal interactive behavior such as flexibility and toddler developmental outcomes, as indexed by play sophistication. Addressing these association differences is particularly important in children born VLBW because interventions targeting parent interaction strategies such as
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Participation of the public and technology policy
International Nuclear Information System (INIS)
Paschen, H.; Bechmann, G.; Gloede, F.
1989-01-01
Public participation is placed in the context of the government's technology policy whose legitimation can be questioned in view of the dispute in our society about technological development and its role in decision for shaping the future of the industrial society. This lack of legitimation has induced a search for instruments that might help to close the acceptance gap. Participation of the public is one of these instruments and is discussed in connection with technology assessment, early warning system, and environmental impact assessment. (HSCH) [de
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Does a more sophisticated storm erosion model improve probabilistic erosion estimates?
Ranasinghe, R.W.M.R.J.B.; Callaghan, D.; Roelvink, D.
2013-01-01
The dependency between the accuracy/uncertainty of storm erosion exceedance estimates obtained via a probabilistic model and the level of sophistication of the structural function (storm erosion model) embedded in the probabilistic model is assessed via the application of Callaghan et al.'s (2008)
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Territorial Disputes in Spratly: An Assessment of the Philippine Initiatives
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
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75 FR 82146 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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77 FR 38888 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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75 FR 37881 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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78 FR 39063 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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76 FR 38742 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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76 FR 82350 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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From transuranic to superheavy elements a story of dispute and creation
Kragh, Helge
2018-01-01
The story of superheavy elements - those at the very end of the periodic table - is not well known outside the community of heavy-ion physicists and nuclear chemists. But it is a most interesting story which deserves to be known also to historians, philosophers, and sociologists of science and indeed to the general public. This is what the present work aims at. It tells the story or rather parts of the story, of how physicists and chemists created elements heavier than uranium or searched for them in nature. And it does so with an emphasis on the frequent discovery and naming disputes concerning the synthesis of very heavy elements. Moreover, it calls attention to the criteria which scientists have adopted for what it means to have discovered a new element. In this branch of modern science it may be more appropriate to speak of creation instead of discovery. The work will be of interest to scientists as well as to scholars studying modern science from a meta-perspective.
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Sophisticating a naive Liapunov function
International Nuclear Information System (INIS)
Smith, D.; Lewins, J.D.
1985-01-01
The art of the direct method of Liapunov to determine system stability is to construct a suitable Liapunov or V function where V is to be positive definite (PD), to shrink to a center, which may be conveniently chosen as the origin, and where V is the negative definite (ND). One aid to the art is to solve an approximation to the system equations in order to provide a candidate V function. It can happen, however, that the V function is not strictly ND but vanishes at a finite number of isolated points. Naively, one anticipates that stability has been demonstrated since the trajectory of the system at such points is only momentarily tangential and immediately enters a region of inward directed trajectories. To demonstrate stability rigorously requires the construction of a sophisticated Liapunov function from what can be called the naive original choice. In this paper, the authors demonstrate the method of perturbing the naive function in the context of the well-known second-order oscillator and then apply the method to a more complicated problem based on a prompt jump model for a nuclear fission reactor
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Strategic sophistication of individuals and teams. Experimental evidence
Sutter, Matthias; Czermak, Simon; Feri, Francesco
2013-01-01
Many important decisions require strategic sophistication. We examine experimentally whether teams act more strategically than individuals. We let individuals and teams make choices in simple games, and also elicit first- and second-order beliefs. We find that teams play the Nash equilibrium strategy significantly more often, and their choices are more often a best response to stated first order beliefs. Distributional preferences make equilibrium play less likely. Using a mixture model, the estimated probability to play strategically is 62% for teams, but only 40% for individuals. A model of noisy introspection reveals that teams differ from individuals in higher order beliefs. PMID:24926100
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Using Process Observation to Teach Alternative Dispute Resolution: Alternatives to Simulation.
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)
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Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles.
Sander, Frank E. A.
1984-01-01
The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)
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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
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Human Resources Department: report on the settlement of disputes and discipline
HR Department
2016-01-01
The 2015 Annual Report from the Human Resources Department concerning the settlement of disputes and discipline under Chapter VI of the Staff Rules and Regulations. Introduction The 2015 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report: cases of submission of requests for review; internal appeals; complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and cases in which disciplinary action was taken. Requests for Review and Internal Appeals Under Article S VI 1.01 of the Staff Rules, members of the personnel may challenge an administrative decision by the Director-General where it adversely affects the conditions of employment or association that derive from their contract or from the Staff Rules and Regulations. If permitted by the Staff Rules and Regulations, a decision may be challenged internally within the Organization: through a review procedure; or ...
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Problems of litigation in settlement of maritime disputes for Nigeria ...
African Journals Online (AJOL)
This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...
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Impact of sophisticated fog spray models on accident analyses
International Nuclear Information System (INIS)
Roblyer, S.P.; Owzarski, P.C.
1978-01-01
The N-Reactor confinement system release dose to the public in a postulated accident is reduced by washing the confinement atmosphere with fog sprays. This allows a low pressure release of confinement atmosphere containing fission products through filters and out an elevated stack. The current accident analysis required revision of the CORRAL code and other codes such as CONTEMPT to properly model the N Reactor confinement into a system of multiple fog-sprayed compartments. In revising these codes, more sophisticated models for the fog sprays and iodine plateout were incorporated to remove some of the conservatism of steam condensing rate, fission product washout and iodine plateout than used in previous studies. The CORRAL code, which was used to describe the transport and deposition of airborne fission products in LWR containment systems for the Rasmussen Study, was revised to describe fog spray removal of molecular iodine (I 2 ) and particulates in multiple compartments for sprays having individual characteristics of on-off times, flow rates, fall heights, and drop sizes in changing containment atmospheres. During postulated accidents, the code determined the fission product removal rates internally rather than from input decontamination factors. A discussion is given of how the calculated plateout and washout rates vary with time throughout the analysis. The results of the accident analyses indicated that more credit could be given to fission product washout and plateout. An important finding was that the release of fission products to the atmosphere and adsorption of fission products on the filters were significantly lower than previous studies had indicated
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77 FR 76624 - Prompt Payment Interest Rate; Contract Disputes Act
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...
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Development Strategies for Tourism Destinations: Tourism Sophistication vs. Resource Investments
Rainer Andergassen; Guido Candela
2010-01-01
This paper investigates the effectiveness of development strategies for tourism destinations. We argue that resource investments unambiguously increase tourism revenues and that increasing the degree of tourism sophistication, that is increasing the variety of tourism related goods and services, increases tourism activity and decreases the perceived quality of the destination's resource endowment, leading to an ambiguous effect on tourism revenues. We disentangle these two effects and charact...
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Alternative Dispute Resolution in Special Education: A View from the Field
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…
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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.
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Verbeeten, Frank H M
This study examines the impact of uncertainty on the sophistication of capital budgeting practices. While the theoretical applications of sophisticated capital budgeting practices (defined as the use of real option reasoning and/or game theory decision rules) have been well documented, empirical
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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.
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Two Disputes Of Methods, Three Constructivisms, And Three Liberalisms. Part I
Directory of Open Access Journals (Sweden)
Vladimir Maksovich Yefimov
2015-03-01
Full Text Available The paper proposes to reconsider the methodology and history of economics radically, whether present day mainstream or heterodox versions of it. The profession of economists must definitely abandon Cartesian dualism and adopt Vygotskian constructivism. In fact constructivist economics already existed in the past and was cognitively very successful and socially very useful. It was the economics of Gustav Schmoller’s historico-ethical school and the institutionalist economics of John R. Commons, traditions of which are totally ignored by the contemporary community of economists. The former tradition was based on Dilthey’s hermeneutics and the latter on Peirce’s pragmatism. It is worth to underline that hermeneutics and pragmatism are both predecessors of Vygotskian constructivism. During the last two decades a lot was written by economists on pragmatist, constructivist and discursive approaches to the methodology and history of economics, but those who wrote on these topics viewed them from the dualistic point of view. My paper is an appeal to economists to reconsider Methodenstreit. The dispute of methods between Schmoller and Menger can be considered as a repetition of a similar dispute taking place more than two hundred years earlier between Robert Boyle and Thomas Hobbes. Schmoller-Menger dispute started soon after the beginning of the institutionalisation of experimentally-oriented economics which happened with the creation in 1873 of the Vereinfür Sozialpolitik. Boyle-Hobbes dispute started in 1660, when the Royal Society of London had been founded, the cradle of the institution of science. Schmoller was one of the creators of the Verein, and Boyle was one of the founders of the Royal Society. The activities of both societies were similar in several respects: they represented efforts to collect data, working out of detailed reports and collective evaluation of obtained results. For Hobbes, as for Menger, the model of ‘science’ was
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Schools versus Students' Rights: Can Alternative Dispute Resolution Build a Community.
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…
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The Political Construction of Alternative Dispute Resolution and Alternatives to Incarceration.
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…
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Systematization and sophistication of a comprehensive sensitivity analysis program. Phase 2
International Nuclear Information System (INIS)
Oyamada, Kiyoshi; Ikeda, Takao
2004-02-01
This study developed minute estimation by adopting comprehensive sensitivity analytical program for reliability of TRU waste repository concepts in a crystalline rock condition. We examined each components and groundwater scenario of geological repository and prepared systematic bases to examine the reliability from the point of comprehensiveness. Models and data are sophisticated to examine the reliability. Based on an existing TRU waste repository concepts, effects of parameters to nuclide migration were quantitatively classified. Those parameters, that will be decided quantitatively, are such as site character of natural barrier and design specification of engineered barriers. Considering the feasibility of those figures of specifications, reliability is re-examined on combinations of those parameters within a practical range. Future issues are; Comprehensive representation of hybrid geosphere model including the fractured medium and permeable matrix medium. Sophistication of tools to develop the reliable combinations of parameters. It is significant to continue this study because the disposal concepts and specification of TRU nuclides containing waste on various sites shall be determined rationally and safely through these studies. (author)
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Directory of Open Access Journals (Sweden)
Hugo Consciência Silvestre
Full Text Available Abstract Co-production includes all actions where citizens assist, as volunteers, in the provision of services by public agencies in order to increase the efficiency and efficacy of the public services provided. This practice, known as co-production, is being adopted by governments in the resolution of conflicts, particularly those regarding administrative and fiscal matters. However, is co-production a more efficient and effective way of settling disputes in administrative and tax areas than the traditional administrative model? And why? In Portugal, the Administrative Arbitration Centre was created in 2009 with the aim of resolving disputes between public administration and taxpayers/service users by means of co-production. The available data support the thesis that efficiency and efficacy are higher under the co-production model. Nevertheless, users are not totally satisfied since the costs associated with the use of this service provision model are also higher.
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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
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DEFF Research Database (Denmark)
Rombouts, Jeroen V.K.; Stentoft, Lars; Violante, Francesco
innovation for a Laplace innovation assumption improves the pricing in a smaller way. Apart from investigating directly the value of model sophistication in terms of dollar losses, we also use the model condence set approach to statistically infer the set of models that delivers the best pricing performance.......We assess the predictive accuracy of a large number of multivariate volatility models in terms of pricing options on the Dow Jones Industrial Average. We measure the value of model sophistication in terms of dollar losses by considering a set 248 multivariate models that differer...
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Arctic Sovereignty Disputes: International Relations Theory in the High North
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
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Sophistic Ethics in the Technical Writing Classroom: Teaching "Nomos," Deliberation, and Action.
Scott, J. Blake
1995-01-01
Claims that teaching ethics is particularly important to technical writing. Outlines a classical, sophistic approach to ethics based on the theories and pedagogies of Protagoras, Gorgias, and Isocrates, which emphasizes the Greek concept of "nomos," internal and external deliberation, and responsible action. Discusses problems and…
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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
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Jurisdictional Competition Between Private and Public Sector Auditors
DEFF Research Database (Denmark)
Klarskov Jeppesen, Kim
2012-01-01
This paper explores the apparent paradox that while public sector auditors have become more powerful by claiming performance auditing expertise and linking this to New Public Management reforms, the same reforms have provided an opening for competition between private and public sector auditors....... In Denmark, the competitive relation has led to a jurisdictional dispute between public and private sector auditors in which the former have developed a special qualification for public sector auditors. The paper analyses the development of this qualification using Abbott's (1988) theory of the system...... of professions, thus focusing on how the involved groups have attempted to build networks of support for their competing jurisdictional claims of expertise. The case contributes to knowledge about the potential for development of a distinct public sector auditor identity. The case suggests that to develop...
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The challenge of reforming the WTO dispute settlement understanding
Hauser, Heinz; Zimmermann, Thomas A.
2003-01-01
Die im Mai 2003 abgelaufene Frist für den Abschluss der Verhandlungen über Verbesserungen und Klarstellungen zum WTO-Übereinkommen über dei Streitschlichtung (Dispute Settlement Understanding; DSU) unter dem Doha-Mandat wurde verfehlt. Die WTO-Mitglieder einigten sich jedoch im Juli 2003 auf eine Verlängerung des Verhandlungsmandates bis Ende Mai 2004. Der vorliegende Beitrag fasst die Verhandlungen zur Überprüfung des Streitschlichtungsverfahrens ("DSU review") kurz zusammen. Die Hauptstreit...
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5 CFR 890.106 - Delegation of authority for resolving certain contract disputes.
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...
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Make her a virgin again: when medical disputes about minors are cultural clashes.
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.
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Sophisticated Fowl: The Complex Behaviour and Cognitive Skills of Chickens and Red Junglefowl
Directory of Open Access Journals (Sweden)
Laura Garnham
2018-01-01
Full Text Available The world’s most numerous bird, the domestic chicken, and their wild ancestor, the red junglefowl, have long been used as model species for animal behaviour research. Recently, this research has advanced our understanding of the social behaviour, personality, and cognition of fowl, and demonstrated their sophisticated behaviour and cognitive skills. Here, we overview some of this research, starting with describing research investigating the well-developed senses of fowl, before presenting how socially and cognitively complex they can be. The realisation that domestic chickens, our most abundant production animal, are behaviourally and cognitively sophisticated should encourage an increase in general appraise and fascination towards them. In turn, this should inspire increased use of them as both research and hobby animals, as well as improvements in their unfortunately often poor welfare.
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"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 ...
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Shih, Mi
2010-01-01
The forceful pursuit of inner-city renewal in Shanghai since the early 1990s has to a great extent achieved spatial modernization, but at the same time it has given rise to increasing conflicts over residential relocation. Using law as a prism through which to examine the dialectic relationship between renewal practices and disputed relocation, this article argues that the series of unprecedented enactments in law that have taken place during this period have both paved the way for real estate market expansion and been a significant source of relocation disputes in Shanghai. Rather than viewing law as simply given and determinate, the article traces the regulatory regime's codification of property practices as a means of actively responding to the requirements of the real estate market. Under large-scale renewal practices, residents' legal rights of "return settlement" (huiban) in inner-city areas were largely denied in the early 1990s, before being effectively abolished by the adoption of monetary compensation for displacement in the 2000s. The evolving law on property practices has greatly shaped the process of disputed relocation while simultaneously posing a potential challenge to China's use of law for market-oriented development.
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Schill, S.W.
As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system
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Sophisticated Calculation of the 1oo4-architecture for Safety-related Systems Conforming to IEC61508
International Nuclear Information System (INIS)
Hayek, A; Al Bokhaiti, M; Schwarz, M H; Boercsoek, J
2012-01-01
With the publication and enforcement of the standard IEC 61508 of safety related systems, recent system architectures have been presented and evaluated. Among a number of techniques and measures to the evaluation of safety integrity level (SIL) for safety-related systems, several measures such as reliability block diagrams and Markov models are used to analyze the probability of failure on demand (PFD) and mean time to failure (MTTF) which conform to IEC 61508. The current paper deals with the quantitative analysis of the novel 1oo4-architecture (one out of four) presented in recent work. Therefore sophisticated calculations for the required parameters are introduced. The provided 1oo4-architecture represents an advanced safety architecture based on on-chip redundancy, which is 3-failure safe. This means that at least one of the four channels have to work correctly in order to trigger the safety function.
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Peter, Johannes; Rosman, Tom; Mayer, Anne-Kathrin; Leichner, Nikolas; Krampen, Günter
2016-01-01
Background: Particularly in higher education, not only a view of science as a means of finding absolute truths (absolutism), but also a view of science as generally tentative (multiplicism) can be unsophisticated and obstructive for learning. Most quantitative epistemic belief inventories neglect this and understand epistemic sophistication as…
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Physician perspectives on legal processes for resolving end-of-life disputes.
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.
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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...
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Directory of Open Access Journals (Sweden)
Nikolai F. Bugai
2012-12-01
Full Text Available This article deals with the issues of interrelations between two republics. The key issue is a dispute over the Sunzhensky District. A step-by-step development of the issue over the years is shown. Unfortunately, the fact of personification in the state policy of two republics can be traced, and no attention is paid to the opinions of Ingush and Chechen people, and the Russians in the course of the years have lost their influence over the disputes between Ingush and The Chechen Republics.
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2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.840 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint which...
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World Trade Organization: U.S. Experience in Dispute Settlement System: The First Five Years
National Research Council Canada - National Science Library
2000-01-01
... of multilateral trade rules. In addition, the Uruguay Round agreements established a new dispute settlement system, replacing that under the General Agreement on Tariffs and Trade, the predecessor to the WTO...
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Directory of Open Access Journals (Sweden)
Carlos Alberto de Salles
2017-05-01
Full Text Available This article debates the tension that exists between confidentiality, usual in ADRs, and the publicity principle, that rules the Public Administration in Brazil. As a solution points that the parameter of confidentiality when Public Administration is a party must be the preservation of accountability of the involved agencies, what means, the capacity to answer to its own goals and to obey the public control.
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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.
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At University of Chicago, Dispute over Friedman Center Continues to Simmer
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…
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2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... EMPLOYMENT PROGRAM Grievance Procedures and Appeals Process § 641.930 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint that has been...
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Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies
Force, Melissa K.
2013-09-01
The mechanisms and procedures for settlement of disputes arising from space debris collision damage, such as that suffered by the Russian Cosmos and US Iridium satellites in 2009, are highly political, nonbinding and unpredictable - all of which contributes to the uncertainty that increases the costs of financing and insuring those endeavors that take place in near-Earth space, especially in Low Earth Orbit. Dispute settlement mechanisms can be found in the 1967 Outer Space Treaty, which provides for consultations in cases involving potentially harmful interference with activities of States parties, and in the 1972 Liability Convention which permits but does not require States - not non-governmental entities - to pursue claims in a resolution process that is nonbinding (unless otherwise agreed.) There are soft- law mechanisms to control the growth of space debris, such as the voluntary 2008 United Nations Space Debris Mitigation Guidelines, and international law and the principles of equity and justice generally provide reparation to restore a person, State or organization to the condition which would have existed if damage had not occurred, but only if all agree to a specific tribunal or international court; even then, parties may be bound by the result only if agreed and enforcement of the award internationally remains uncertain. In all, the dispute resolution process for damage resulting from inevitable future damage from space debris collisions is highly unsatisfactory. However, the Administrative Council of the Permanent Court of Arbitration's recently adopted Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities are, as of yet, untested, and this article will provide an overview of the process, explore the ways in which they fill in gaps in the previous patchwork of systems and analyze the benefits and shortcomings of the new Outer Space Optional Rules.
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Mediation and Other Alternative Dispute Resolution Procedures in Special Education. Final Report.
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…
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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…
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Dispute settlement in international space law : a multi-door courthouse for outer space
Goh, Gérardine Meishan
2007-01-01
The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a
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From owned lakes to State assets. Aquatical disputes at Pacaya Samiria National Reserve
Directory of Open Access Journals (Sweden)
Mireia Campanera Reig
2017-11-01
Full Text Available The ethnographic research undertook between 2008 and 2015 around a fishing conflict in a lake of the Pacaya Samiria National Reserve —RNPS, Peru— revealed the historical, political and cultural vicissitudes of the communal organization of the aquatic spaces of lowland Amazon. The results show that the creation of the protected natural area and its management policies negatively affected the local customs. Although the administration of the natural area discourse promoted collaboration with the inhabitants, it did not take into account local customary norms, Kukama-Kukamiria aquatic cosmology, and notions such as ‘mezquineo,’ which submit to social control the extraction of resources. This paper analyzes the articulations between the implemented institutional management and the customary communal logics that regulated the access and the use of the lake. The research found that both the customary and the state regulations are in dispute over the sovereignty of aquatic spaces, and that co-management has never been fully implemented, given the difficulty of public institutions in sharing power with communities.
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Sophisticated Search Capabilities in the ADS Abstract Service
Eichhorn, G.; Accomazzi, A.; Grant, C. S.; Henneken, E.; Kurtz, M. J.; Murray, S. S.
2003-12-01
The ADS provides access to over 940,000 references from astronomy and planetary sciences publications and 1.5 million records from physics publications. It is funded by NASA and provides free access to these references, as well as to 2.4 million scanned pages from the astronomical literature. These include most of the major astronomy and several planetary sciences journals, as well as many historical observatory publications. The references now include the abstracts from all volumes of the Journal of Geophysical Research (JGR) since the beginning of 2002. We get these abstracts on a regular basis. The Kluwer journal Solar Physics has been scanned back to volume 1 and is available through the ADS. We have extracted the reference lists from this and many other journals and included them in the reference and citation database of the ADS. We have recently scanning Earth, Moon and Planets, another Kluwer journal, and will scan other Kluwer journals in the future as well. We plan on extracting references from these journals as well in the near future. The ADS has many sophisticated query features. These allow the user to formulate complex queries. Using results lists to get further information about the selected articles provide the means to quickly find important and relevant articles from the database. Three advanced feedback queries are available from the bottom of the ADS results list (in addition to regular feedback queries already available from the abstract page and from the bottom of the results list): 1. Get reference list for selected articles: This query returns all known references for the selected articles (or for all articles in the first list). The resulting list will be ranked according to how often each article is referred to and will show the most referenced articles in the field of study that created the first list. It presumably shows the most important articles in that field. 2. Get citation list for selected articles: This returns all known articles
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Public Smoking Bans, Youth Access Laws, and Cigarette Sales at Vending Machines
Kvasnicka, Michael
2010-01-01
Tobacco control policies have proliferated in many countries in recent years, in particular youth access laws and public smoking bans. The effectiveness of youth access laws is still disputed, however, as are the costs of public smoking bans to the hospitality industry. Using a unique data set on cigarette sales at more than 100k vending machines that provides first objective evidence on the outgoing and customer behavior of smokers, we study both outcome dimensions by investigating several r...
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Directory of Open Access Journals (Sweden)
Cristiane de Andrade Lucena Carneiro
2008-01-01
Full Text Available Por que disputas comerciais no âmbito da Organização Mundial de Comércio (OMC são decididas predominantemente de forma amigável, não obstante a existência de um sofisticado mecanismo quasi-adjudicatório para a resolução dessas controvérsias? Como explicar a preferência da parte que inicia uma disputa pela solução amigável, quando se sabe que a OMC, em média, decide 64% dos casos a favor do iniciante? Este artigo analisa padrões de solução de controvérsias no sistema do Acordo Geral de Tarifas e Comércio e da Organização Mundial de Comércio (GATT/OMC, por meio da teoria dos movimentos (BRAMS, 1994, com o propósito de estudar as escolhas estratégicas disponíveis para as partes. Propõe-se que, no sistema do GATT/OMC, as partes em uma disputa comercial agem de forma magnânima quando abrem mão do melhor resultado em um jogo. Esta ação é racional porque ela oferece à parte demandada maiores chances de se alcançar uma solução amigável da disputa. Esse comportamento não encontra explicação satisfatória no conceito de equilíbrio míope da teoria dos jogos tradicional. Em contrapartida, a teoria dos movimentos incorpora a noção de equilíbrio não-míope ao seu modelo de tomada de decisões. Este artigo explica o comportamento não-míope e racional dos jogadores quando estes buscam o segundo melhor resultado no jogo. Três disputas comerciais ilustram a análise e caracterizam situações em que: (i a solução amigável advém do comportamento magnânimo; (ii a solução amigável ocorre a despeito do comportamento magnânimo; e (iii não há solução amigável.Why most trade disputes in the World Trade Organization (WTO end in a friendly settlement, despite the existence of a sophisticated dispute settlement mechanism? How can we explain the complainant's preference for a friendly settlement when we know that the WTO decides 64% of the cases in favor of the complainant? In this article I discuss patterns
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Musical Sophistication and the Effect of Complexity on Auditory Discrimination in Finnish Speakers
Dawson, Caitlin; Aalto, Daniel; Šimko, Juraj; Vainio, Martti; Tervaniemi, Mari
2017-01-01
Musical experiences and native language are both known to affect auditory processing. The present work aims to disentangle the influences of native language phonology and musicality on behavioral and subcortical sound feature processing in a population of musically diverse Finnish speakers as well as to investigate the specificity of enhancement from musical training. Finnish speakers are highly sensitive to duration cues since in Finnish, vowel and consonant duration determine word meaning. Using a correlational approach with a set of behavioral sound feature discrimination tasks, brainstem recordings, and a musical sophistication questionnaire, we find no evidence for an association between musical sophistication and more precise duration processing in Finnish speakers either in the auditory brainstem response or in behavioral tasks, but they do show an enhanced pitch discrimination compared to Finnish speakers with less musical experience and show greater duration modulation in a complex task. These results are consistent with a ceiling effect set for certain sound features which corresponds to the phonology of the native language, leaving an opportunity for music experience-based enhancement of sound features not explicitly encoded in the language (such as pitch, which is not explicitly encoded in Finnish). Finally, the pattern of duration modulation in more musically sophisticated Finnish speakers suggests integrated feature processing for greater efficiency in a real world musical situation. These results have implications for research into the specificity of plasticity in the auditory system as well as to the effects of interaction of specific language features with musical experiences. PMID:28450829
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Musical Sophistication and the Effect of Complexity on Auditory Discrimination in Finnish Speakers.
Dawson, Caitlin; Aalto, Daniel; Šimko, Juraj; Vainio, Martti; Tervaniemi, Mari
2017-01-01
Musical experiences and native language are both known to affect auditory processing. The present work aims to disentangle the influences of native language phonology and musicality on behavioral and subcortical sound feature processing in a population of musically diverse Finnish speakers as well as to investigate the specificity of enhancement from musical training. Finnish speakers are highly sensitive to duration cues since in Finnish, vowel and consonant duration determine word meaning. Using a correlational approach with a set of behavioral sound feature discrimination tasks, brainstem recordings, and a musical sophistication questionnaire, we find no evidence for an association between musical sophistication and more precise duration processing in Finnish speakers either in the auditory brainstem response or in behavioral tasks, but they do show an enhanced pitch discrimination compared to Finnish speakers with less musical experience and show greater duration modulation in a complex task. These results are consistent with a ceiling effect set for certain sound features which corresponds to the phonology of the native language, leaving an opportunity for music experience-based enhancement of sound features not explicitly encoded in the language (such as pitch, which is not explicitly encoded in Finnish). Finally, the pattern of duration modulation in more musically sophisticated Finnish speakers suggests integrated feature processing for greater efficiency in a real world musical situation. These results have implications for research into the specificity of plasticity in the auditory system as well as to the effects of interaction of specific language features with musical experiences.
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DEFF Research Database (Denmark)
Danckert, Bolette; Dinesen, Peter Thisted; Sønderskov, Kim Mannemar
2017-01-01
is founded on politically sophisticated individuals having a greater comprehension of news and other mass-mediated sources, which makes them less likely to rely on neighborhood cues as sources of information relevant for political attitudes. Based on a unique panel data set with fine-grained information...
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Collective Labour Conflicts in Companies and Public Institutions: Some Prospects
Directory of Open Access Journals (Sweden)
Raluca DIMITRIU
2011-10-01
Full Text Available Participation of the employees and of the public servants in collective labor conflicts constitutes a significant chapter regarding the concrete way in which the Romanian legislator implements the concept of flexicurity and re-defines labor relations. Indeed, the entire Romanian legislation on labor relations and dispute resolution has been tremendously changed in May 2011, and the impact of these changes is about to be very intense. The new law on collective labor conflicts, currently at crossroads, is rather susceptible to discourage the initiation of such conflicts and even to limit the freedom of strike. The legislator adopted a unified regulation, applicable to both employees and public servants; as such individuals who work under an employment contract are governed by the same dispute resolution norms as those individuals who perform their professional activity under an administrative act. Beyond the theoretical aspects that the new view of the Romanian laws on the labor conflict resolution raises, there are many direct, practical consequences, as well as difficulties that courts face since the entering into force of the new legislation. This study aims to analyze some of these practical consequences.
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Identity politics and public disputation: A Baha'i missionary as a ...
African Journals Online (AJOL)
This paper focuses on the Arabic Study Circle and the role of its most influential member Joseph Perdu. It shows how the public life of the organization could not continue to bear the ambiguity of the identity of Perdu. Ultimately, there were attempts to 'expose' the 'real' Perdu and therefore the 'real' Arabic Study Circle.
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Directory of Open Access Journals (Sweden)
Fathollah Sajedi
2017-08-01
Full Text Available Contracts for oil and gas development projects are naturally complex, they are explained with some of maps and technical specifications. To supply the goals of contracts, it is necessary to construct by a team having owner, consulting engineer and contractor. The unique aspects of each project and team working are resulting to disagreements. It should be noted that the majority of team workers have not previously worked together. It may not be expected to forecast all project aspects in design and preparation of tender documents process. However, in some cases it will occur inconsistencies in contract documents and possibly may be disagreements on commentary of the cases which there are in the provisions of the contract. Every root of disagreement resulted in to claim and finally dispute. Lack of foresight and/or existing ambiguous texts in some provisions of contract, not being aware of components of the project to conditions and obligations and rules of contract will complex and sometimes impossible the agreement on implementation problems. Therefore, the claims will be resulted in disputes and inflict financial losses to contractors and/or owners and then the projects will not be completed. In Iran many activities have not been carried out about claims and disputes in different orientations especially in areas futures and hence, it was studied in this research. Firstly, research history was considered and the causes of claims and disputes were identified in process of different levels of oil projects construction from primary to exploitation and then a questionnaire was prepared using the comments of experts. Finally, the questionnaire was analysed by SPSS and the approved factors in creation of claims and disputes and in their roots were ranked.
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Cybersecurity Information Sharing Between Public Private Sector Agencies
2015-03-01
due to fears of public disclosure, such as the recent Edward Snowden revelations. Public 188 Blauner...recent Snowden leaks.60 While some attacks have left behind minimal damage, other more sophisticated attacks have resulted in major security breaches...resulting in the loss of hundreds of millions of dollars.61 The extent of damage caused by the Snowden leaks is still unknown
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Sharia Business and The Challenge of Dispute Settlement in Indonesian Religious Court
Directory of Open Access Journals (Sweden)
Rahadi Wasi Bintoro
2016-06-01
Full Text Available Sharia economy is not new in the world of Islam. Development of sharia economic law in Indonesia begins with the emergence of islamic banking. The development of national and international economy that always moves quickly along with more wider challenges, should always be followed in responsively by national banking in carrying its functions and responsibilities out to the community. According to the sharia banking law in order to be categorized in the scope of islamic economics, it is determined by the fatwa of the Indonesian Ulama Council. This is due to the MUI as an institution that has the authority in the field of religion and related to the interest of Indonesian muslims. One thing that is interesting from the proliferation of business activities with Sharia principles is about its pattern of settlement of disputes is related with Religion Court jurisdiction. Religion Court is an institution that has authority to examine dispute settlement of sharia economy case in Indonesia. However, the law of civil procedure used in the Religious Court is still referring to procedureal law in the general court which is much criticized, because its complicated procedures and take a long time so it’s been very expensive. Based on the analysis, the development of sharia economic system is basically the demands of the business world, which has the fast-moving character, however, development of sharia economy of which is not accompanied with its own substance of law, especially the procedural law that works to resolve disputes, so that, on its turn, it will lead to the obstacle for the sharia economic development itself, in which the condition is contrary to the principle of simple justice, quick and low cost as stipulated in the provisions of Article 2 (4 of Law No. 48 Year 2009 on Judicial.
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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
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Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia
Directory of Open Access Journals (Sweden)
Zakiyah Zakiyah
2015-02-01
Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor and the judge not only use legal formal approach but also local norm when giving advice and managing cases.
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75 FR 82130 - WTO Dispute Settlement Proceeding Regarding China-Subsidies on Wind Power Equipment
2010-12-29
... World Trade Organization (``WTO Agreement''), the United States requested consultations regarding... Trade Organization, http://www.wto.org . Bradford Ward, Deputy General Counsel. [FR Doc. 2010-32868... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China...
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延边地区医疗纠纷相关情况调查%INVESTIGATION ON THE MEDICAL DISPUTES RELATIONSHIP IN YANBIAN AREA
Institute of Scientific and Technical Information of China (English)
张锦玉; 赵潇潇
2011-01-01
[Objective] To investigate occurrence and related factors of disputes in Yanbian.[Methods]With self-designed questionnaire we survey 358 physicians in Yanbian. [Results] There're no Significant difference between in general ho spitals and in specialty hospitals on medical dispute cases of doctors experienced (p＞0.05), but there'e significantdifferences with different gender age, title and profesional experience of the physicians in medical disputes rate (P ＜0.05).Physicians considered the main respo nsibility of medical disputes were both of physicians and patients, which mainly due to inadequate physician-patient communication (68.7％) , to mislead public opinion (64.8％) and too high dem anded of patients (51.4％) ; measures to ease the conflict would be to strengthen the doctor-patient communication (88.5％) , improve the health care system (69.8％), and improve the medical technology (56.4％). [Conclusion] Medical disputes was universality, which would be prevented through strengthening medical humanities education, enhancing effective physician-patient communication,establishing medical management system , standardizing medical practice and lechnology and so on.%[目的] 了解延边地区医疗纠纷发生情况及相关因素.[方法] 采用自行设计的问卷调查方式,对延边地区358名医务人员进行调查.[结果] 三级综合医院和二级专科医院的医务人员经历医疗纠纷的情况差异无统计学意义(P>0.05),不同的性别、年龄、职称和专业的医务人员经历医疗纠纷的情况差异均有统计学意义(P<0.05).医务人员认为医疗纠纷的责任主体是医患双方,其主要原因为医患交流不够(68.7%)、社会舆论误导(64.8%)和患方要求过高(51.4%),缓解医患冲突的措施为加强医患沟通(88.5%)、完善医疗制度(69.8%)、提高医疗技术(56.4%).[结论] 医疗纠纷的发生具有普遍性,应通过加强医生人文教育,增强医患有效沟通,建立医务管理体制,规范医疗操作技术等措施防范医疗纠纷的发生.
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Financial Sophistication and the Distribution of the Welfare Cost of Inflation
Paola Boel; Gabriele Camera
2009-01-01
The welfare cost of anticipated inflation is quantified in a calibrated model of the U.S. economy that exhibits tractable equilibrium dispersion in wealth and earnings. Inflation does not generate large losses in societal welfare, yet its impact varies noticeably across segments of society depending also on the financial sophistication of the economy. If money is the only asset, then inflation hurts mostly the wealthier and more productive agents, while those poorer and less productive may ev...
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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…
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Sbarra, David A.; Emery, Robert E.
2010-01-01
Divorce is an inherently interpersonal experience, yet too often adults’ reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution. PMID:18266541
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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
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Putin’s Russia: Russian Mentality and Sophisticated Imperialism in Military Policies
Szénási, Lieutenant-Colonel Endre
2016-01-01
According to my experiences, the Western world hopelessly fails to understand Russian mentality, or misinterprets it. During my analysis of the Russian way of thinking I devoted special attention to the examination of military mentality. I have connected the issue of the Russian way of thinking to the contemporary imperial policies of Putin’s Russia. I have also attempted to prove the level of sophistication of both. I hope that a better understanding of both the Russian mentality and imperi...
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25 CFR 900.216 - What other statutes and regulations apply to contract disputes?
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...
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Prevention of US-China Armed Conflict Over South China Sea Territorial Disputes
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
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2012-12-11
... States ; Countervailing and Anti-Dumping Measures on Certain Products From China AGENCY: Office of the... Republic of China (``China'') requested the establishment of a dispute settlement panel with the United... to nonmarket economy countries, and for other purposes'' (``Pub. L. 112-99''), and the countervailing...
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International Nuclear Information System (INIS)
Li Yongjiang
2009-01-01
The paper analyses the advantages and disadvantages of the second generation improved technologies and third generation technologies mainly developed in China in terms of safety and economy. The paper also discusses the maturity of the second generation improved technologies and the sophistication of the third generation technologies respectively. Meanwhile, the paper proposes that the advantage and disadvantage of second generation improved technologies and third generation technologies should be carefully taken into consideration and the relationship between the maturity and sophistication should be properly dealt with in the current stage. A two-step strategy shall be taken as a solution to solve the problem of insufficient capacity of nuclear power, trace and develop the third generation technologies, so as to ensure the sound and fast development of nuclear power. (authors)
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Directory of Open Access Journals (Sweden)
Reymund B. Flores
2017-12-01
Full Text Available Asia is sitting on a tinderbox. Tensions such as involving China already grabbed enough headlines. One of which is the border dispute between this Asian Dragon with India. The formation of strong alliances and conflict escalation is very real. Rising aspirations and growing hunger for resources in a depleted continent that has been inhabited for millennia are leading to tension and instability. International system is maintained with its balanced structure, which is based on power. From the beginning of the colonial period to the height of western imperialism, and throughout the course of former colonies’ national independence, territorial disputes have been a root cause of war and conflict between states. As China shares a border with more countries than any other state, it exists within an extremely complicated geopolitical environment. The continuing border dispute between China and India, for instance, is a puzzle for many. Despite six decades of attempts at resolution, the dispute persists in the face of official bonhomie and booming trade relations between the two rising giants. This paper presents the discourses on Asia’s geopolitics, particularly the Sino-Indian border dispute and multilateral politics in acquiring assorted global resources, forming regional and global identity, and political order and security issues. India and China are playing an increasingly important role in the world economy. A better relationship would boost trade ties, investments and employment in the two countries, and even augment global growth.
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Directory of Open Access Journals (Sweden)
Krenare Vokshi
2016-03-01
Full Text Available In terms of globalized economy, the integration trade cooperation process between state institutions, international organizations, and business entities are being followed by a dynamism regarding creation, modification, and termination of relations through the contracts which are now more standardized. Good business practices offered a good experience in terms of solving disputes on business transactions, local or international, security, efficiency and speed of trailing are enforced only if this issue is foreseen and contracted with special courts of arbitration. The role of arbitration on international trade is not only the solution of disputes. The arbitration has as its mission before the building of a fair trade and legal practice such as bona fides.
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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
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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
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Risky Invasions: Decisions Made by the Argentine Junta Regarding Disputed Islands, 1978-1982
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
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Farmers' laws and irrigation : water rights and dispute management in the hills of Nepal
Poudel, R.
2000-01-01
The title of my Thesis is "Farmers' Laws and Irrigation: Water Rights and Dispute Management in the Hills of Nepal". This is based on a research I conducted in the Thulotar Kulo irrigation system in Nepal, during 1997 and 1998. Thulotar Kulo is a farmer-managed irrigation
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Directory of Open Access Journals (Sweden)
Tri Cahya Indra Permana
2016-03-01
Full Text Available Undang-Undang Parpol mengatur bahwa perselisihan Parpol diselesaikan secara internal oleh Mahkamah Partai atau sebutan lain daripada itu dan secara eksternal oleh Pengadilan Negeri dan Mahkamah Agung. Substansi perselisihan yang final dan mengikat di Mahkamah Partai adalah perselisihan kepengurusan, selebihnya dapat diajukan upaya hukum ke Pengadilan Negeri dan Mahkamah Agung. Di dalam praktek, pengaturan tersebut telah menjauhkan dari rasa keadilan, kepastian hukum dan kemanfaatan, oleh karenanya sebaiknya direvisi yang mana perselisihan PAW, pelanggaran terhadap hak anggota partai politik, penyalahgunaan wewenang, pertanggungjawaban keuangan, dan atau keberatan terhadap keputusan partai politik (termasuk keputusan untuk tidak memutuskan terhadap sesuatu hal final dan mengikat dengan Putusan MPP. Sedangkan perselisihan kepengurusan dapat diajukan upaya hukum ke Mahkamah Konstitusi. Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.
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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.
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Directory of Open Access Journals (Sweden)
José Sebastião de Oliveira
2016-06-01
Full Text Available The scope of the present study is to analyse the importance of the institutes of reconciliation and mediation in disputes involving family law, as a way towards social pacification, even thow it is common that parties, in such cases, come in hot headed. The reconciliation method has its focus set on the rapid and effective resolution of disputes, while the mediation method has a larger goal, which is the pacification of family conflict. This second method (mediation aims to arouse the interest of the parties in solving the problem of family reorganization
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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...
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Baronian, M.-A.
This article looks at the work of contemporary Dutch fashion designer Alexander van Slobbe (1959) and examines how, since the 1990s, his fashion practices have consistently and consciously put forward a unique reflection on questions related to materiality, sophisticated archaism, luxury,
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Baronian, M.-A.
This article looks at the work of contemporary Dutch fashion designer Alexander van Slobbe (1959) and examines how, since the 1990s, his fashion practices have consistently and consciously put forward a unique reflection on questions related to materiality, sophisticated archaism, luxury,
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2010-05-17
... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') regarding a provision of... of the World Trade Organization, http://www.wto.org . Comments will be placed in the docket and open... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute...
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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
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A STUDY OF THE REQUIRED PUBLIC ACCOUNTING PROGRAM IN PUBLIC COMPETITIVE EXAMINATIONS HELD BY CESPE
Directory of Open Access Journals (Sweden)
Fátima de Souza Freire
2012-11-01
Full Text Available With a view to standardizing the contents offered to future Accounting professionals, the Federal Accounting Council (CFC elaborated the National Proposal for Undergraduate Accountancy Program Contents. Thus, the curriculum that Higher Education Institutions (HEI adopt serves as an ally for students’ professional conquests. Stability and favorable job conditions attract many people to the dispute for a public function, with a growing Braz ilian public competitive examination market. According to the National Association for Protection and Support to Public Competitive Examinations (Anpac, between 2003 and 2009, the number of public servants in the executive power with a higher education degree in Brazil increased by 26%. The aim of this study was to confront the CFC’s suggested knowledge with the contents required during tests applied in public competitive examinations for Accountancy professionals. The intent is to identify what Public Accounting knowledge is demanded from candidates for the public career. Through a documentary research, 561 calls from public competitive examinations exclusively for Accountancy professionals were selected for the study sample. They were classified according to the proposed program contents, the test questions by the Center for Selection and Event Promotion (Cespe, between 2000 and 2009. In conclusion, the most frequent required Public Accounting areas are contents related to Public Equity and Budget. The results demonstrate that the CFC’s suggested content is in line with the knowledge required from candidates for public functions.
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Directory of Open Access Journals (Sweden)
Ravi A. Balaram
2012-01-01
Full Text Available This paper seeks to review the pertinent Myanmar and Bangladesh history in overlapping maritime territorial claims leading up to the September 2011 International Tribunal for the Law of the Sea (ITLOS case: Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal. It will dissect the legal proceedings as primary source documents and apply the relevant judgement findings to analyse the implications for the respective countries and for South China Sea maritime boundary disputes. While the judgements of this case set certain legal precedents that may be more easily applied to bilateral disputes, the implications, nevertheless, impinge on multilateral claims as well. To the extent that the Bangladesh-Myanmar ITLOS judgement provides a pathway to third-party, independent, and peaceful resolution to the potentially explosive and escalating tensions in the South China Sea, this paper argues that findings are relevant, but limited.
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de Heer, Brooke
2016-02-01
Prior research on rapes reported to law enforcement has identified criminal sophistication and the use of force against the victim as possible unique identifiers to serial rape versus one-time rape. This study sought to contribute to the current literature on reported serial rape by investigating how the level of criminal sophistication of the rapist and use of force used were associated with two important outcomes of rape: victim injury and overall severity of the assault. In addition, it was evaluated whether rapist and victim ethnicity affected these relationships. A nation-wide sample of serial rape cases reported to law enforcement collected by the Federal Bureau of Investigation (FBI) was analyzed (108 rapists, 543 victims). Results indicated that serial rapists typically used a limited amount of force against the victim and displayed a high degree of criminal sophistication. In addition, the more criminally sophisticated the perpetrator was, the more sexual acts he performed on his victim. Finally, rapes between a White rapist and White victim were found to exhibit higher levels of criminal sophistication and were more severe in terms of number and types of sexual acts committed. These findings provide a more in-depth understanding of serial rape that can inform both academics and practitioners in the field about contributors to victim injury and severity of the assault. © The Author(s) 2014.
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Directory of Open Access Journals (Sweden)
Egla Cornelio Landero
2014-10-01
Full Text Available Human rights are owned by the person for the simple fact of being, that all authorities within the scope of its powers, have the obligation to promote, respect, protect and ensure, in accordance with the principles of universality, interdependence, indivisibility and escalation. Second paragraph of Article 17 of the Constitution of Mexico, provides the fundamental right of access to justice and the public right that everyone has to be given to it for speedy justice courts, within the time and manner prescribed laws under principles of promptness, full and impartial justice. In the fourth paragraph of this constitutional provision since June 2008, has been recognized as a human right to access to justice, alternative dispute resolution mechanisms, which consist of negotiation, mediation, conciliation and arbitration.
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2010-10-12
... request by Mexico under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the Dispute Settlement Body of the World Trade Organization (``WTO'') has referred a matter concerning... report of the Appellate Body, will be available on the Web site of the World Trade Organization, http...
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Guiniven, John E.
2002-01-01
Notes that disputes are seen as much less confrontational, much less zero-sum games in Canada than in the United States. Interviews 15 communications and public relations practitioners and professors with experiences on both sides of the 49th parallel and reviews relevant literature. Concludes that the greater acceptance of two-way symmetrical…
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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.
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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.
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Colton, Caroline; Faunce, Thomas
2014-09-01
'New legislation in Queensland has provided a "pathway" for the privatisation of health assets and services in Queensland, which effectively realigns the health care system to the financial market. This column explores how this legislation contained the antecedents of the Queensland doctors' dispute when doctors roundly rejected new employment contracts in February 2014. It also argues that such legislation and its attendant backlash provides a valuable case study in view of the federal government's 2014 budget offer to the States of extra funding if they sell their health assets to fund new infrastructure. The move to privatise health in Queensland has also resulted in a government assault on the ethical credibility of the opposing medical profession and changes to the health complaints system with the introduction of a Health Ombudsman under ministerial control. The column examines these changes in light of R (Heather) v Leonard Cheshire Foundation [2001] EWHC Admin 429, a case concerning the obligations of a private entity towards publically funded clients in the United Kingdom. In discussing concerns about the impact of privatisation on the medical profession, the column points to a stark conflict between the duty to operate hospitals as a business rather than as a duty to patients.
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2010-01-08
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS399] WTO Dispute Settlement... Organization (``WTO Agreement'') concerning certain measures affecting imports of certain passenger vehicle and light truck tires from China. The request may be found at http://www.wto.org in document WT/DS399/2...
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Infanticide for handicapped infants: sometimes it's a metaphysical dispute.
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
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Albuquerque, Maria do Socorro Veloso; Morais, Heloísa Maria Mendonça de; Lima, Luci Praciano
2015-06-01
This research analyzed the public-private composition in the municipal health network and aspects of the contracting/outsourcing process for services over the period from 2001 to 2008. The research method used was a case study with documentary research and interviews. The interviewees were former secretaries of health, directors of regulation and district managers. The categories of analysis used were public funds, care networks and public control. The results showed that the contracting was restricted to philanthropic units. With respect to the other private establishments linked to the public care network, non-compliance with programmatic aspects was detected, such as the lack of regulation of bidding processes required for contracting. Management authorities did not actively pursue building up state public services, or the formation of care networks. The contracted establishments conducted their activities without effective external and internal control mechanisms, which are paramount for the proper use of public resources. The authors conclude that the contracting process does not significantly alter the standard of buying and selling of services and indeed does not enhance the empowering process of the role of the public domain.
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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。
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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...
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2010-08-16
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2010-0013] WTO Dispute... Organization (``WTO Agreement'') regarding a provision of the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-31). That request may be found at http://www.wto.org in a document designated as WT/DS406...
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Lessons learned from Ontario wind energy disputes
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.
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International Nuclear Information System (INIS)
Bond, S.R.
1994-01-01
In general, arbitration continues to be more rapid and less expensive than litigation and has other advantages in international dispute resolution. Elements which should be considered in drafting and negotiating an arbitration clause are discussed. A pragmatic basis for this is supplied by an analysis of arbitration clauses in the 237 cases submitted to the International Chamber of Commerce Court of Arbitration in 1987 and the 215 submitted in 1989. (UK)
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The sophisticated control of the tram bogie on track
Directory of Open Access Journals (Sweden)
Radovan DOLECEK
2015-09-01
Full Text Available The paper deals with the problems of routing control algorithms of new conception of tram vehicle bogie. The main goal of these research activities is wear reduction of rail wheels and tracks, wear reduction of traction energy losses and increasing of running comfort. The testing experimental tram vehicle with special bogie construction powered by traction battery is utilized for these purposes. This vehicle has a rotary bogie with independent rotating wheels driven by permanent magnets synchronous motors and a solid axle. The wheel forces in bogie are measured by large amounts of the various sensors placed on the testing experimental tram vehicle. Nowadays the designed control algorithms are implemented to the vehicle superset control system. The traction requirements and track characteristics have an effect to these control algorithms. This control including sophisticated routing brings other improvements which is verified and corrected according to individual traction and driving characteristics, and opens new possibilities.
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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.
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Workplace conflict resolution in Wales: The unexpected prevalence of alternative dispute resolution
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...
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2010-02-23
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement... Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a number of....wto.org contained in a document designated as WT/DS404/1. USTR invites written comments from the...
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2010-06-08
... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement... the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a... found at www.wto.org contained in a document designated as WT/DS404/5. USTR invites written comments...
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How You Can Protect Public Access Computers "and" Their Users
Huang, Phil
2007-01-01
By providing the public with online computing facilities, librarians make available a world of information resources beyond their traditional print materials. Internet-connected computers in libraries greatly enhance the opportunity for patrons to enjoy the benefits of the digital age. Unfortunately, as hackers become more sophisticated and…
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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.
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Foreign-Related Commercial Dispute Resolution in China: a focus on litigation and arbitration
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...
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Democracy as a meaning. Regional participatory forums of public consultation in Argentina
Directory of Open Access Journals (Sweden)
Víctor Humberto Guzmán
2017-06-01
Full Text Available This paper presents the study of part of the dispute process around the Audiovisual Communication Services law in the argentine public space during the year 2009. Specifically, it shows how the signification of democracy was configured in the Regional Participatory Forums of Public Consultation (FPCP organized by the Federal Broadcasting Committee (COMFER which were held during 2009 as a previous stage to the presentation of the Audiovisual Communication Services Bill. Thus, from the analysis of the interventions in the FPCP, the paper presents the emergence of democracy as democratic gradualness configured in three analytical dimensions: what democracy is not, democracy as plurality, and democracy as participation.
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Judges’ deadlines, deadlines for public administration and associations
Directory of Open Access Journals (Sweden)
Daniel Chabanol
2015-01-01
Full Text Available In the theory on the activity of the judge in disputes related to exceeding powers, one fundamental principle demands that this activity is ‘beyond time’: the judge examines some past events and objectively seeks whether the administrative act being disputed has been undertaken according to the norms which should have been applied, which the judge, if necessary, identifies retroactively (emphasising that s/he does not create them. The claim of the illegality of the administrative act leads to its retroactive revocation and to the reconstruction of what should have been in administrative activity. This theory has not however survived in relation to the principle of reality. The inevitable passing of time, both in public administration and in society resist the ‘beyond time’ aspect of judge activity. This resistance is founded on social expectations and on the principle of legal security. The judge in cases of exceeding powers also responds to the demands on the one hand to become more familiar with the methods of the judge in full adjudication disputes, and on the other hand, to abandon to a certain extent the retroactivity of its intervention. This raises the following question of: is the judge in cases of legality still some kind of ‘general inspector’ of public power or does the judge become a means of appeasing the conflict which occurs in life in general? Similarly, a judge in a dispute on exceeding powers responding to a concrete social demand accepting that revocation, even retroactive, of an administrative act is not always sufficient to reinstate the principle of a country that adheres to the law. That is why, as a deciding criterion in judicial functioning, the concept of the duration of proceedings has been introduced. So, besides the customary damages and the result of consequences caused by the unreasonable duration of proceedings, it has been concluded that new attention be paid to the duration of proceedings. This is
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Disputes over land and water rights in gold mining : The case of Cerro de San Pedro, Mexico
Stoltenborg, D.; Boelens, R.
2016-01-01
This article analyzes different visions and positions in a conflict between the developer of an open-pit mine in Mexico and project opponents using the echelons of rights analysis framework, distinguishing four layers of dispute: contested resources; contents of rules and regulations;
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The portrayal of natural environment in the evolution of the ecological public health paradigm.
Coutts, Christopher; Forkink, Annet; Weiner, Jocelyn
2014-01-10
This paper explores the conceptualization of the natural environment in an evolving ecological public health paradigm. The natural environment has long been recognized as essential to supporting life, health, and wellbeing. Our understanding of the relationship between the natural environment and health has steadily evolved from one of an undynamic environment to a more sophisticated understanding of ecological interactions. This evolution is reflected in a number of ecological public health models which demonstrate the many external and overlapping determinants of human health. Six models are presented here to demonstrate this evolution, each model reflecting an increasingly ecological appreciation for the fundamental role of the natural environment in supporting human health. We conclude that after decades of public health's acceptance of the ecological paradigm, we are only now beginning to assemble knowledge of sophisticated ecological interdependencies and apply this knowledge to the conceptualization and study of the relationship between the natural environment and the determinants of human health.
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Entradas, Marta
2016-07-01
Studies on experts' understanding of the public have mainly focused on the views of scientists. We add to the literature on constructions of the public by analyzing the views of decision-makers, professional science communicators and scientists involved in 'space' communication on the public and public participation in policy. Findings show that contextual situations and roles determine the way the public is conceptualised: the public is sophisticated and knowledgeable to participate in space activities/citizen science, but in matters of policy, a gullible image of the public is brought up. Despite the democratic talk on participation, practitioners delimited public involvement in policy in some way or other to protect their own power and decision-making capabilities. This conception of the public competes with the stated aims of scientific and political institutions for public engagement and the substantive value of public participation, leaving a limited role for the public in space policymaking. © The Author(s) 2015.
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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.
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Health care alliances and alternative dispute resolution: managing trust and conflict.
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.
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Managerial Methodology in Public Institutions
Directory of Open Access Journals (Sweden)
Ion VERBONCU
2010-10-01
Full Text Available One of the most important ways of making public institutions more efficient is by applying managerial methodology, embodied in the promotion of management tools, modern and sophisticated methodologies, as well as operation of designing/redesigning and maintenance of the management process and its components. Their implementation abides the imprint of constructive and functional particularities of public institutions, decentralized and devolved, and, of course, the managers’ expertise of these organizations. Managerial methodology is addressed through three important instruments diagnosis, management by objectives and scoreboard. Its presence in the performance management process should be mandatory, given the favorable influence on the management and economic performance and the degree of scholastic approach of the managers’ performance.
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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...
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2010-04-20
... settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement... of the World Trade Organization, http://www.wto.org . Comments will be placed in the docket and open... OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS402] WTO Dispute Settlement...
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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...
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Jacobs, C.
2010-01-01
Religion is alive, especially - and increasingly - in the global South. What impact does religion have in everyday life as provider of normative orientations? This research investigates the role of religion in disputing processes in Gorongosa, Mozambique, where both traditional religion and
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LSST: Education and Public Outreach
Bauer, Amanda; Herrold, Ardis; LSST Education and Public Outreach Team
2018-01-01
The Large Synoptic Survey Telescope (LSST) will conduct a 10-year wide, fast, and deep survey of the night sky starting in 2022. LSST Education and Public Outreach (EPO) will enable public access to a subset of LSST data so anyone can explore the universe and be part of the discovery process. LSST EPO aims to facilitate a pathway from entry-level exploration of astronomical imagery to more sophisticated interaction with LSST data using tools similar to what professional astronomers use. To deliver data to the public, LSST EPO is creating an online Portal to serve as the main hub to EPO activities. The Portal will host an interactive Skyviewer, access to LSST data for educators and the public through online Jupyter notebooks, original multimedia for informal science centers and planetariums, and feature citizen science projects that use LSST data. LSST EPO will engage with the Chilean community through Spanish-language components of the Portal and will partner with organizations serving underrepresented groups in STEM.