WorldWideScience

Sample records for wto dispute settlement

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

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    2016-01-01

    Similar to many types of legal institutions, international courts employ a wide variety of legitimation strategies in order to establish and maintain a sound basis of support among their constituents. Existing studies on the legitimacy or legitimating efforts of the World Trade Organization's (WTO......) judicial bodies have relied largely on theoretical or normative priors about what makes these institutions legitimate. In contrast, this paper directly connects the study of courts' legitimating efforts with their effects by empirically mapping how the WTO Dispute Settlement Mechanism's (DSM) exercise...... of authority has been received by the system's primary constituents—WTO Members. Drawing on an original dataset of statements made by WTO Members within meetings of the Dispute Settlement Body from 1995-2013 and a series of interviews, this paper provides a descriptive analysis of expressed views on its...

  2. An Empirical Study of China's Participation in the WTO Dispute Settlement Mechanism: 2001-2010

    OpenAIRE

    Zhuang, Wei

    2017-01-01

    On 11 December 2001, China officially became a Member of the World Trade Organization (WTO) after years of negotiations. The paper shows how a major developing country has used the WTO dispute settlement system by examining China's participation in the WTO dispute settlement mechanism from its entry through 31 December 2010. It provides a comprehensive analysis of the WTO dispute cases in which China has participated as a complainant, a respondent, or a third party

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

    Directory of Open Access Journals (Sweden)

    Intan Soeparna

    2015-10-01

    Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views

  4. 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 ...

  5. 78 FR 58378 - WTO Dispute Settlement Proceeding Regarding Anti-Dumping and Countervailing Measures on Large...

    Science.gov (United States)

    2013-09-23

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding Anti-Dumping and Countervailing... using the weighted average-to-transaction comparison methodology in anti-dumping investigations, administrative reviews and other segments of anti- dumping proceedings.'' Korea also challenges Commerce's...

  6. 75 FR 60159 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting Electronic Payment...

    Science.gov (United States)

    2010-09-29

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

  7. 76 FR 12401 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting Electronic Payment...

    Science.gov (United States)

    2011-03-07

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Certain Measures Affecting... China affecting electronic payment services for payment card transactions and the suppliers of those...: Although USTR will accept any comments received during the course of the dispute settlement proceedings...

  8. 76 FR 52045 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Diamond...

    Science.gov (United States)

    2011-08-19

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

  9. Dispute Settlement in the World Trade Organization (WTO): An Overview

    Science.gov (United States)

    2010-04-08

    from cattle produced from six specific growth -promotion hormones violated the Agreement on the Application of Sanitary and Phytosanitary Measures...issue has been the subject of United States - Continued Suspension of Obligations in the EC— Hormones Dispute (DS320), a dispute initiated by the...in 1999 in retaliation for the EU’s failure to comply with the adverse WTO ruling on the EU’s ban on hormone -treated beef. The EU also initiated a

  10. WTO dispute settlement proceedings: European support for Airbus in the spotlight

    OpenAIRE

    Maennig, Wolfgang; Wittig, Stephan

    2010-01-01

    The bilateral WTO Agreement on Trade in Large Civil Aircraft (TLCA) of 1992 regulated the permitted levels of support for the European and American aviation industries. In October 2004, the US unilaterally withdrew from the TLCA, right as Boeing was about to lose its market leader status. Together with the termination of the TLCA, the US requested the initiation of WTO dispute settlement proceedings against the EU as well as against the governments of Germany, France, the UK and Spain regardi...

  11. 77 FR 19745 - WTO Dispute Settlement Proceeding Regarding United States; Anti-Dumping Measures on Certain...

    Science.gov (United States)

    2012-04-02

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

  12. 77 FR 46788 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duties on...

    Science.gov (United States)

    2012-08-06

    ... From the Federal Register Online via the Government Publishing Office TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping and Countervailing Duties on Certain Automobiles From the United States AGENCY: Office of the United States Trade Representative. ACTION: Notice...

  13. 77 FR 61818 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties...

    Science.gov (United States)

    2012-10-11

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

  14. 77 FR 2119 - WTO Dispute Settlement Proceeding Regarding China-Anti-Dumping and Countervailing Duty Measures...

    Science.gov (United States)

    2012-01-13

    ... From the Federal Register Online via the Government Publishing Office OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping and Countervailing... Anti-dumping Agreement; Articles 10, 12.3, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 19.4, 22.3...

  15. 75 FR 32533 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2010-06-08

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures... Tariffs and Trade 1994 (the Anti-Dumping Agreement); Article XVI:4 of the WTO Agreement; part I.2 of... applying so-called ``zeroing'' in the determination of the margins of dumping in the proceedings identified...

  16. 76 FR 17985 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Frozen...

    Science.gov (United States)

    2011-03-31

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

  17. 75 FR 8177 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2010-02-23

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures... procedures and methodology employed by the United States to determine dumping margins in administrative... on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping...

  18. 78 FR 16754 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2013-03-18

    ... TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures... with respect to certain respondents requesting such revocation; the imposition of anti- dumping duties... Warmwater Shrimp from the Socialist Republic of Vietnam insofar as it did not revoke the anti-dumping duty...

  19. 76 FR 12400 - WTO Dispute Settlement Proceeding Regarding China-Countervailing and Anti-Dumping Duties on Grain...

    Science.gov (United States)

    2011-03-07

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

  20. 76 FR 11553 - WTO Dispute Settlement Proceeding Regarding United States-Anti Dumping Measures on Corrosion...

    Science.gov (United States)

    2011-03-02

    ... Corrosion-Resistant Carbon Steel Flat Products From Korea AGENCY: Office of the United States Trade... (``WTO Agreement'') concerning antidumping measures regarding corrosion- resistant carbon steel flat... concerning antidumping measures regarding corrosion-resistant carbon steel flat products from Korea. Korea...

  1. 75 FR 62624 - WTO Dispute Settlement Proceeding Regarding United States-Final Antidumping Measures on Stainless...

    Science.gov (United States)

    2010-10-12

    ... Measures on Stainless Steel from Mexico AGENCY: Office of the United States Trade Representative. ACTION... Stainless Steel from Mexico to a panel. The request may be found at http://www.wto.org in document WT/DS344... Stainless Steel from Mexico. The recommendations and rulings stem from the DSB's adoption of the panel and...

  2. Applicability of general international law within the WTO dispute settlement system: right to health situation.

    Directory of Open Access Journals (Sweden)

    Juan Manuel Medina Amador

    2012-12-01

    Full Text Available The nexus between human rights and WTO law raises several questions of complex solution. Specifically, regarding the right to health, the existence of multiple circumstances can be foreseen, which may generate potential conflicts with the core values of the multilateral trade system. Within this scenario, the concern around the potential impact pharmaceutical patents may have over access to medicines has emerged. Having in mind the existence of a strong nexus between access to medicines and a plenty fulfillment of the right to health, the necessity on determining the enforcement (or justiciability of the obligation of all states to provide for this right can be noticed, and this, while, at the same time, introducing into a deep analysis about the relationship between both systems. The results obtained will contribute to clarify the role human rights must play within the WTO framework, as well as for examining the potential inclusion of a more benevolent interpretation toward the right to health.

  3. 76 FR 68809 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp...

    Science.gov (United States)

    2011-11-07

    ... Dispute Settlement Proceeding Regarding United States--Anti- Dumping Measures on Certain Shrimp and... calculated margins of dumping by ``zeroing'' so-called ``negative dumping margins.'' Based on the use of...

  4. The Rhetoric of Legitimacy: Mapping members' expressed views on the WTO dispute settlement mechanism. iCourts Working Paper, No. 16

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    Since the inception of the WTO, many have speculated on how the Dispute Settlement Mechanism's practices affect its legitimacy and suggested proposals to strengthen it in this respect. However, very few of these proposals are grounded in empirical evidence of what makes the Mechanism legitimate...... of authority over time and across actors. In addition, through an in-depth analysis of statements on focal reports, this paper sheds new light on the sources of an international court's legitimacy by identifying practices that contribute to reducing or enhancing the DSM's legitimacy in the eyes of its primary...

  5. 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 ...

  6. 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...

  7. Solución de disputas en la OMC: un análisis a partir de la sociología de Pierre Bourdieu WTO dispute settlement: a sociolegal analysis from the Pierre Bourdieu's perspective

    Directory of Open Access Journals (Sweden)

    José Augusto Fontoura Costa

    2011-06-01

    Full Text Available El sistema de arreglo de disputas de la OME es muy estudiado y produce literatura muy divulgada. Sin embargo, hay pocos estudios empíricos sobre los perfiles de miembros de grupos especiales y del órgano de Apelación y, asimismo, su influencia en la articulación de un campo jurídico internacional al derredor de los órganos de arreglo de disputas. Ese estudio tiene el objetivo hacer disponibles algunas informaciones y analizarlas bajo la luz de algunos conceptos de la sociología de Pierre Bourdieu, en particular da de campo jurídico y de habitus, para comprender como se produce la jurificación internacional. Los resultados indican similitudes entre el campo jurídico de la omc y los campos jurídicos estatales.The WTO's dispute settlement system is a much studied subject and the literature thereon is widespread. Nevertheless, there are few empirical studies on panelists' and Appellate Body members' profiles as well as their influence on the articulation of an international legal field around the dispute resolution organizations. This study aims to make available some information on these profiles and analyze them under the light of some concepts of Pierre Bourdieu's sociology, mainly the legal field and the development of social habitus, in order to understand how international legalization of the trade law takes place. The results point out the similarities between the WTO's legal field and the state legal fields.

  8. Disputas comerciais e magnanimidade: um estudo do mecanismo de solução de controvérsias da Organização Mundial de Comércio à luz da teoria dos movimentos Magnanimity and WTO disputes: an examination of early settlement in trade disputes using theory of moves

    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

  9. developing countries and the wto dispute resolution system

    African Journals Online (AJOL)

    OLAWUYI

    ressources/Apea-NordstromShaffer_Small_Claims%20070723.pdf. 78 Xuto (n 72) 5. 79 ibid. 80 ibid. 81 World Trade Organization – Dispute Settlement: Dispute DS285 'United States – Measures. Affecting the Cross-Border Supply of Gambling ...

  10. Competing jurisdictions between MERCOSUR and WTO

    NARCIS (Netherlands)

    Lavranos, N.; Vielliard, N.

    2008-01-01

    The wider issues raised by the Brazilian Tyres case are discussed in this contribution. Regarding the institutional aspects, this case examines the difficulties between regional dispute settlement systems and the global WTO dispute settlement system. In particular, the WTO Appellate Body showed no

  11. Anticompetitive Settlement of Intellectual Property Disputes

    OpenAIRE

    Hovenkamp, Herbert; Janis, Mark; Lemley, Mark A.

    2003-01-01

    The overwhelming majority of intellectual property lawsuits settle before trial. These settlements involve agreements between the patentee and the accused infringer, parties who are often competitors before the lawsuit. Because these competitors may agree to stop competing, to regulate the price each charges, and to exchange information about products and prices, settlements of intellectual property disputes naturally raise antitrust concerns. In this paper, we suggest a way to reconcile the ...

  12. Trade Disputes over Renewable Energy Supporting Policies: Recent Cases, WTO Rules, and Possible Solutions

    DEFF Research Database (Denmark)

    Zhu, Xianli

    2011-01-01

    , even so when such effort comes from a developing country. But it is not true in real life. The longing for renewable energy sometimes gives way to countries’ competition for leadership in clean technologies or companies’ competition for market shares. In 2010 two trade disputes have arisen under...... the WTO, for wind energy supporting policies. Recently, Japan has a trade dispute against Canada related to renewable energy equipment in Ontario. The American United Steelworkers are calling for their government to penalise China for grants to Chinese wind turbine and key component manufacturers....... This paper will examine the interfaces between various wind energy supporting policies and the WTO trade rules. Some trade disputes will be used as case studies to explain the reasons behind such disputes. Suggestions will be provided on how to avoid such disputes in practice....

  13. 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.

  14. The Consensual Means for Disputes Settlement in International Relations

    Directory of Open Access Journals (Sweden)

    Ricardo Soares Stersi dos Santos

    2016-12-01

    Full Text Available The most usual forms of international relations are conflicts and cooperation between international actors. For the settlement of international disputes, peaceful and consensual methods are frequently used such as diplomatic negotiation; mediation; conciliation; good offices; commission of inquiry; conference; congress. The consensual or diplomatic means highlight the manifestation of the will of the international actors, the pursuit of the satisfaction of national interests and the conclusion of the agreement as the important elements in the settlement of international disputes.

  15. Determinants of Bilateral Food Related Disputes

    OpenAIRE

    Götz, Christian; Heckelei, Thomas

    2011-01-01

    This paper analyses relevant determinants for the probability to initiate a dispute on policy measures under the World Trade Organization (WTO) Dispute Settlement Mechanism (DSM). The empirical analysis focuses on agrofood related disputes to provide sector specific information on the driving factors in dispute settlement, and complements and extends previous studies by incorporating new potential determinants. The focus is shifted to bilaterally dependent characteristics to take care of trad...

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

    Directory of Open Access Journals (Sweden)

    Natalia Rodríguez Uribe

    2010-12-01

    Full Text Available International politics are moving towards an economical and culturalunification (globalisation, in which all nations are related by trade interactions.If environmental protection commitments are to be honoured,environmental law has to cease to be considered a separate discipline and find synergies that allow it to become an important stakeholder in trade relations.In this paper it is argued that international commerce and environmentallaw have coevolved in the last three decades to reach a balance embodied in the concept of sustainable development.The essay explores this coevolution, and proposes that the WorldTrade Organization (WTO can play an important role in environmentalprotection goals if its “green provisions” and dispute resolutionmechanism are to be used to promote them, as is already happening. In order to illustrate this point, a brief overview of commercial and environmental treaties signed since the seventies is presented, followed by an explanation of the WTO’s treaty suite provisions that can be considered as “green”, in the hopes of finding convergence points that can be used by the member parties in order not only tojustify the passing of environmental protection domesticlegislations, but also to compel other countries to comply with their obligations in this area.

  17. THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Intan Innayatun Soeparna

    2008-10-01

    Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

  18. 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)

  19. TTIP, investor–state dispute settlement and the rule of law

    National Research Council Canada - National Science Library

    Chase, Peter H

    2015-01-01

    Many European citizens are concerned about the concept of investor–state dispute settlement, which is frequently portrayed as giving companies the right to sue governments for lost profits in secret international courts...

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

    Directory of Open Access Journals (Sweden)

    A V Kozmenko

    2011-09-01

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

  1. 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.

  2. 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.

  3. Which Antidumping Cases Reach the WTO?

    DEFF Research Database (Denmark)

    Kokko, Ari; Tingvall, Patrik Gustavsson; Videnord, Josefin

    This article examines the distribution of antidumping (AD) disputes across countries and industries, and examines which AD cases reach the dispute settlement system of the WTO. Our general finding is that neither the country nor the industry distribution of AD cases remains constant across...... using AD law to protect their domestic firms. We find that the typical AD notification is submitted by an upper middle-income country, and it focuses on a medium low-technology industry with differentiated products, but low relationship-specificity. The most typical complainant at the WTO is also...... an upper middle-income country, challenging a high-income country (most likely the US) that is allegedly giving unfair protection to an industry producing differentiated goods that are not very relationship-specific, using medium-low technologies. The analysis also reveals that when lower middle...

  4. 17 CFR 31.29 - Arbitration or other dispute settlement procedures.

    Science.gov (United States)

    2010-04-01

    ... COMMISSION LEVERAGE TRANSACTIONS § 31.29 Arbitration or other dispute settlement procedures. Each self-regulatory organization which has members who are registered as leverage transaction merchants must be able to demonstrate its capability to promulgate rules and to conduct proceedings which provide a fair...

  5. The dispute settlement mechanism in International Agricultural Trade

    OpenAIRE

    Dr.Sc. Biljana Ciglovska; Dr.Sc. Armend Kadriu

    2011-01-01

    The disputes in the international agricultural trade are inevit-able occurrence due to the frequent abuse and violation of the rules regulating the international agricultural trade, which are provided within the international trading system. It is important to note that most frequent violators of these rules and regulations are the most developed countries, that despite their statements for respecting them, consistently, transparently or not they violate the rules and principles of the intern...

  6. Legalisation and privatisation in global governance: the case of WTO dispute settlement

    DEFF Research Database (Denmark)

    Strange, Michael Stewart

    Global governance is in the literature understood in two inter-related ways: 1) as a series of institutions facilitating governance which exceeds the state; and, 2) as a societal contestation over what constitutes legitimate governance at the global level. As such, interest is in both the emergence......, first it is important to consider how governance at the global level is made possible – that is where the authority resides – in order to appreciate the way the logics of legalisation and privatisation shape this form of governance....

  7. 77 FR 63917 - WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting the Automobile and...

    Science.gov (United States)

    2012-10-17

    ... Applications for Electro-mechanical Product Imports and Exports Structure Fund Program; Anhui Province Opinions... Management of Outsourcing Services Common Services Platform Special Construction Fund; Taizhou Municipal... Province Electro-Mechanical Products Export Bases and Notice To Begin the Accreditation of the First Batch...

  8. 77 FR 49477 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Measures on Certain Hot...

    Science.gov (United States)

    2012-08-16

    ...-9483 to arrange for an alternative method of transmission. If (as explained below) the comment contains... Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission. To submit comments... may be viewed on the www.regulations.gov Web site. Bradford L. Ward, Assistant United States Trade...

  9. 77 FR 18296 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-03-27

    ... arrange for an alternative method of transmission. If (as explained below) the comment contains....regulations.gov , please contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of... . Comments open to public inspection may be viewed on the www.regulations.gov Web site. Bradford L. Ward...

  10. 77 FR 26600 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Measures on Certain Hot...

    Science.gov (United States)

    2012-05-04

    ...-9483 to arrange for an alternative method of transmission. If (as explained below) the comment contains... alternative method of transmission. To submit comments via www.regulations.gov , enter docket number USTR-2012... site. Bradford L. Ward, Acting Assistant United States Trade Representative for Monitoring and...

  11. 77 FR 33015 - WTO Dispute Settlement Proceeding Regarding India-Measures Concerning the Importation of Certain...

    Science.gov (United States)

    2012-06-04

    ... arrange for an alternative method of transmission. If (as explained below) the comment contains... an alternative method of transmission. To submit comments via www.regulations.gov , enter docket... may be viewed on the www.regulations.gov Web site. Bradford Ward, Assistant United States Trade...

  12. 77 FR 53959 - WTO Dispute Settlement Proceeding Regarding Argentina-Measures Affecting the Importation of Goods

    Science.gov (United States)

    2012-09-04

    ... method of transmission. If (as explained below) the comment contains confidential information, then the... Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission. To submit comments....regulations.gov . Bradford L. Ward, Assistant United States Trade Representative for Monitoring and...

  13. 75 FR 82130 - WTO Dispute Settlement Proceeding Regarding China-Subsidies on Wind Power Equipment

    Science.gov (United States)

    2010-12-29

    ... Proceeding Regarding China--Subsidies on Wind Power Equipment AGENCY: Office of the United States Trade... consultations regarding certain subsidies provided by the People's Republic of China (China) on wind power... Administration of Special Fund for Industrialization of Wind Power Equipment'' (``Wind Power Equipment Fund...

  14. 77 FR 23539 - WTO Dispute Settlement Proceeding Regarding European Communities and Certain Member States...

    Science.gov (United States)

    2012-04-19

    ... Rinconada, Toledo, Puerto de Santa Maria, and Puerto Real, Spain, and by the government of Andalusia and... docket and open to public inspection. Information or advice contained in a comment submitted, other than...-confidential summary will be placed in the docket and open to public inspection. Pursuant to section 127(e) of...

  15. 75 FR 27614 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Production and...

    Science.gov (United States)

    2010-05-17

    ... Production and Sale of Clove Cigarettes AGENCY: Office of the United States Trade Representative. ACTION... prohibits the production or sale in the United States of cigarettes containing certain additives, including... Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission. If (as explained...

  16. 75 FR 50033 - WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting the Production and...

    Science.gov (United States)

    2010-08-16

    ... Production and Sale of Clove Cigarettes AGENCY: Office of the United States Trade Representative. ACTION... alternative method of transmission. If (as explained below) the comment contains confidential information.... Section 907 bans sales of all flavored cigarettes, other than tobacco or menthol flavors, wherever they...

  17. WTO Dispute Settlement: Status of U.S. Compliance in Pending Cases

    Science.gov (United States)

    2010-01-29

    years unless authorities determine in a review “that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury...parties regarding the right of the United States to continue liquidating entries after the expiry of the RPT [reasonable period of time] on the basis

  18. 77 FR 61819 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing and Anti-Dumping...

    Science.gov (United States)

    2012-10-11

    ... Review (C-570-942), Certain Oil Country Tubular Goods (C-570-944), Prestressed Concrete Steel Wire Strand...); Utility Scale Wind Towers (C-570-982); Drawn Stainless Steel Sinks (C- 570-984); Coated Free Sheet Paper..., ] Administrative Review (A-570-941); Certain Oil Country Tubular Goods (A-570-943); Prestressed Concrete Steel Wire...

  19. 77 FR 73732 - WTO Dispute Settlement Proceeding Regarding United States ; Countervailing and Anti-Dumping...

    Science.gov (United States)

    2012-12-11

    ... Country Tubular Goods (C-570-944), Prestressed Concrete Steel Wire Strand (C-570-946); Certain Steel... Cells, Whether or Not Assembled Into Modules, (C-570-980); Utility Scale Wind Towers (C-570-982); Drawn... Country Tubular Goods (A-570-943); Prestressed Concrete Steel Wire Strand (A-570-945); Certain Steel...

  20. 77 FR 37730 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Duty Measures on Certain...

    Science.gov (United States)

    2012-06-22

    ... Graphics Using Sheet-Fed Presses (Investigation C-570- 959); Drill Pipe (Investigation C-570-966); Aluminum...-570-921); Circular Welded Austenitic Stainless Pressure Pipe (Investigation C- 570-931); Certain Circular Welded Carbon Quality Steel Line Pipe (Investigation C-570-936); Citric Acid and Certain Citrate...

  1. 77 FR 57181 - WTO Dispute Settlement Proceeding Regarding United States-Countervailing Duty Measures on Certain...

    Science.gov (United States)

    2012-09-17

    ... High- Quality Print Graphics Using Sheet-Fed Presses (Investigation C-570- 959); Drill Pipe... Thermal Paper (Investigation C-570-921); Circular Welded Austenitic Stainless Pressure Pipe (Investigation C-570-931); Certain Circular Welded Carbon Quality Steel Line Pipe (Investigation C-570-936); Citric...

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

    CERN Multimedia

    HR Department

    2016-01-01

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

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

    OpenAIRE

    Oana-Adriana IACOB⃰

    2016-01-01

    The United Nations Secretary- General is a symbol and an instrument of the peaceful settlement of international disputes, with a proven effectiveness in the prevention and resolution of conflicts, even in the most difficult political contexts. The configuration of this distinguished function is largely the result of a long evolutionary process which ultimately provided the occupants with a repertoire of practices that define a powerful and influential role in maintaining the international pea...

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

    Directory of Open Access Journals (Sweden)

    Oana-Adriana IACOB⃰

    2016-05-01

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

  5. 2016 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Lalande, Amanda

    2017-01-01

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

  6. 2015 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Lalande, Amanda

    2016-01-01

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

  7. 2014 Annual Report of Chapter VI of the Staff Rules and Regulations (Settlement of disputes and discipline) - HR Department

    CERN Document Server

    Barbin, Lucie; CERN. Geneva. HR Department

    2015-01-01

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

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

    Science.gov (United States)

    Hawkins, Benjamin; Holden, Chris

    2016-10-01

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

  9. On the (Non-)Effectiveness of the World Trade Organization Special and Differential Treatments in the Dispute Settlement Process

    DEFF Research Database (Denmark)

    Alavi, Amin

    2007-01-01

    Review of the WTO's Case law related to WTO's Special and Differential Treatments provisions and explaining what determines their success or failure.  ......Review of the WTO's Case law related to WTO's Special and Differential Treatments provisions and explaining what determines their success or failure.  ...

  10. Investor-State Dispute Settlement and the Future of the Precautionary Principle

    Directory of Open Access Journals (Sweden)

    Davies Haydn

    2016-12-01

    Full Text Available The proliferation of bilateral investment treaties and investment chapters in trade megatreaties and the associated increase in the preference of investors for investor-state dispute settlement has given rise to concerns that the regulatory sovereignty of both developed and developing states might be compromised. In response to these concerns many trade agreements (including the recently concluded Comprehensive Economic Trade Agreement between the European Union (EU and Canada have incorporated provisions designed to protect the regulatory sovereignty of nation states, especially in relation to labour standards, public health, phytosanitary and environmental protection. This paper examines the nature and scope of environmental protection measures in investment chapters and attempts to analyse the extent to which these measures will, in practice, prevent challenges by investors seeking to chill or prevent environmental regulations which might threaten their investments. The analysis concentrates particularly on measures based on the precautionary principle and uses the current EU restrictions on neonicotinoid pesticides as a case study. The paper concludes that the measures included in investment chapters designed to prevent such challenges by investors will not necessarily achieve the desired level of protection for environmental regulatory sovereignty.

  11. 75 FR 20670 - WTO Dispute Settlement Proceeding Regarding United States-Use of Zeroing in Anti-Dumping Measures...

    Science.gov (United States)

    2010-04-20

    ...-Dumping Measures Involving Products From Korea AGENCY: Office of the United States Trade Representative.... Department of Commerce (``Commerce'') of what Korea describes as ``the practice of `zeroing' negative dumping margins in calculating overall weighted average margins of dumping'' in the final and amended final...

  12. 77 FR 44706 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

    Science.gov (United States)

    2012-07-30

    ...-9483 to arrange for an alternative method of transmission. If (as explained below) the comment contains... Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of transmission. To submit comments... may be viewed on the www.regulations.gov Web site. Bradford L. Ward, Assistant United States Trade...

  13. 77 FR 20476 - WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare...

    Science.gov (United States)

    2012-04-04

    ..., fees and formalities, restrictions on the right to export such as prior export experience requirements... business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly...

  14. 75 FR 4607 - Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Rosters...

    Science.gov (United States)

    2010-01-28

    ... Party; and (4) comply with a code of conduct. To qualify for inclusion on the financial services roster... TRADE REPRESENTATIVE Free Trade Agreements; Invitation for Applications for Inclusion on Dispute... proceedings arising under that agreement: a general roster and rosters for disputes concerning financial...

  15. Does science speak clearly and fairly in trade and food safety disputes? The search for an optimal response of WTO adjudication to problematic international standard-making.

    Science.gov (United States)

    Ni, Kuei-Jung

    2013-01-01

    Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the status and effectiveness of the standards. WTO members are urged to follow international standards, even when not required to comply fully with them. Indeed, such standards have attained great influence in the trade system. Yet evidence shows that the credibility of the allegedly scientific approach of these international standard-setting institutions, especially the Codex Alimentarius Commission (Codex) governing food safety standards, has been eroded and diluted by industrial and political influences. Its decision-making is no longer based on consensus, but voting. The adoption of new safety limits for the veterinary drug ractopamine in 2012, by a very close vote, is simply another instance of the problematic operations of the Codex. These dynamics have led skeptics to question the legitimacy of the standard setting body and to propose solutions to rectify the situation. Prior WTO rulings have yet to pay attention to the defect in the decision-making processes of the Codex. Nevertheless, the recent Appellate Body decision on Hormones II is indicative of a deferential approach to national measures that are distinct from Codex formulas. The ruling also rejects the reliance on those experts who authored the Codex standards to assess new measures of the European Community. This approach provides an opportunity to contemplate what the proper relationship between the WTO and Codex ought to be. Through a critical review of WTO rulings and academic proposals, this article aims to analyze how the WTO ought to define such interactions and respond to the politicized standard-making process in an optimal manner. This article argues that building a more systematic approach and normative basis for WTO judicial review of standard-setting decisions and the selection of technical

  16. International water negotiations under asymmetry, lessons from the Rhine chlorides dispute settlement (1931-2004)

    NARCIS (Netherlands)

    Dieperink, C.

    2011-01-01

    Negotiations concerning the quality of international rivers are not easy, as incongruence in preferences between upstream and downstream countries generally exists. The Rhine Chlorides dispute is a clear example of this. The chloride issue has been on the international water agenda of the

  17. 77 FR 37948 - Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Lists for...

    Science.gov (United States)

    2012-06-25

    ... relevant language other than English, written and spoken. 7. Post-education employment history, including... experience in law, international trade, or the resolution of disputes arising under international trade... on the indicative roster an applicant must: (1) Have expertise or experience in law, international...

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

    Science.gov (United States)

    Bonneuil, Christophe; Levidow, Les

    2012-02-01

    The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the 'plant and animal health' category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant's regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel's findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel's SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC's regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of 'science-based trade discipline', while also constructing new scientific expertise for the main task--namely, challenging trade restrictions for being unduly cautious.

  19. Settlement

    Directory of Open Access Journals (Sweden)

    John Frow

    2011-04-01

    Full Text Available The paper explores the idea of settlement in each of its three major senses: as a place of human habitation; as a fixed and stable order of habitation; and as a political consensus reconciling fractious groups. Arguing that traditional accounts of settlement depend, with a kind of pastoral nostalgia, upon a view of abstraction and social complexity as in themselves  harmful, it follows through the implications of the concept for ways of dealing with the stranger, and it uses a drawing by the nineteenth-century indigenous Australian artist Tommy McRae, done about 1890 and entitled Corroboree, or William Buckley and dancers from the Wathaurong people, to propose a counterfactual model through which a settlement with the stranger might be imagined.

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

    DEFF Research Database (Denmark)

    Jemielniak, Joanna

    . The issue of adjudicatory independence and neutrality is discussed in the context of the involved industries and their interests as the non-party spiritus movens behind the WTO dispute settlement processes. Such related, procedural aspects as confidentiality/transparency of proceedings and the possibilities...... area are set against those of investment and commercial arbitration (as the institutions and rules designed for the latter are also being used for trade controversies, as in the Softwood Lumber LCIA arbitrations). Consequently, the problem of standards of adjudicatory independence is considered as one...

  1. Exploring risk judgments in a trade dispute using Bayesian networks.

    Science.gov (United States)

    Wintle, Bonnie C; Nicholson, Ann

    2014-06-01

    Bayesian networks (BNs) are graphical modeling tools that are generally recommended for exploring what-if scenarios, visualizing systems and problems, and for communication between stakeholders during decision making. In this article, we investigate their potential for exploring different perspectives in trade disputes. To do so, we draw on a specific case study that was arbitrated by the World Trade Organization (WTO): the Australia-New Zealand apples dispute. The dispute centered on disagreement about judgments contained within Australia's 2006 import risk analysis (IRA). We built a range of BNs of increasing complexity that modeled various approaches to undertaking IRAs, from the basic qualitative and semi-quantitative risk analyses routinely performed in government agencies, to the more complex quantitative simulation undertaken by Australia in the apples dispute. We found the BNs useful for exploring disagreements under uncertainty because they are probabilistic and transparently represent steps in the analysis. Different scenarios and evidence can easily be entered. Specifically, we explore the sensitivity of the risk output to different judgments (particularly volume of trade). Thus, we explore how BNs could usefully aid WTO dispute settlement. We conclude that BNs are preferable to basic qualitative and semi-quantitative risk analyses because they offer an accessible interface and are mathematically sound. However, most current BN modeling tools are limited compared with complex simulations, as was used in the 2006 apples IRA. Although complex simulations may be more accurate, they are a black box for stakeholders. BNs have the potential to be a transparent aid to complex decision making, but they are currently computationally limited. Recent technological software developments are promising. © 2014 Society for Risk Analysis.

  2. THE ADVANTAGES OF WTO COMMERCIAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Alina HAGIU

    2014-11-01

    Full Text Available The WTO was created in 1995 with the propose to encourage and regulate trade between its member states. The primary objective of the WTO was and still is to create economic growth and encourage free trade among nations. This aspect was disputed between specialists: some say that the WTO creates economic opportunities and that its positive impact extends beyond just economic benefits by creating an international framework of political stability, offering a solid foundation for promoting international peace by encouraging good political relations among member nations and providing a solid dispute resolution process, while others say it is disfavors lower class citizens, limiting their opportunities for social and economic mobility, is only widening the global income gap between the wealthy and poor: as the rich get richer, the poor get poorer and it favors prosperous countries and multinational corporations, while preventing smaller and poorer countries from having a fair shot of engaging in open market trades and exchanges. In this paper we will stop only to emphasize the advantages of the WTO commercial system, following that in a future work to approach also the disadvantages of this commercial system.

  3. Arbitration versus settlement

    NARCIS (Netherlands)

    Dari-Mattiacci, G.

    2007-01-01

    Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can commit to arbitration. If they choose to do so, future disputes are resolved before an arbiter. Otherwise, parties will choose between settlement and litigation after a dispute has arisen. We analyze variables

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

    Directory of Open Access Journals (Sweden)

    Tri Cahya Indra Permana

    2016-03-01

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

  5. Essentials of WTO law

    NARCIS (Netherlands)

    Prévost, Denise; Van den Bossche, Peter

    2016-01-01

    At a time when developments in WTO law have made this field increasingly complex, this concise and non-technical introduction provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO. Illustrative examples clarify important issues of the

  6. The New WTO Telecom Agreement: Opportunities and Challenges.

    Science.gov (United States)

    Sisson, Peter

    1997-01-01

    The telecommunication agreement reached by the World Trade Organization (WTO) in 1997 will accelerate the global trend toward increased market access, competition, and deregulation. Examines opportunities for marketing and operations, dispute resolution and enforcement, profitability, and the exclusion of Russia and China. Includes the WTO…

  7. Reflections on South Africa's continued absence from the WTO ...

    African Journals Online (AJOL)

    In particular, the role of public-private partnerships in these other countries in dealing with WTO disputes is examined. The measures implemented by the South African government thus far to promote cooperation between itself and the private sector are also considered. The paper further highlights the potential benefits that ...

  8. 從WTO生技產品案爭端解決小組報告看GMO國際貿易中國際貿易法與國際環境法之衝突與解決可能 Conflicts and Resolutions of International Trade Law and International Law of Environment in International Trade of GMOs: A Perspective of WTO Biotech Products Case

    Directory of Open Access Journals (Sweden)

    許耀明 Yao-Ming Hsu

    2007-06-01

    Full Text Available 本文從國際貿易法與國際環境法一般理論角度出發,討論WTO 法規範體系與其他多邊環境協定之貿易措施間可能之衝突,並分析WTO 貿易與環境委員會以及爭端解決機制對於前述衝突之防止與多邊主義協商方式之提倡。其次,針對前述解決方式之不足,本文從法律解釋與法規範衝突法則之角度,論述前述可能衝突之調和方式。最後,本文以新近WTO 生技產品案報告為例,討論WTO 爭端解決機制中適用其他國際法規範之可能性以為說明。 From general theories of international trade law and international law of environment, this article focuses on the possible conflicts between WTO legal systems and Multilateral Environmental Agreements. It illustrates the possible resolutions from the point of view of Committee on Trade and Environment (CTE in WTO and its Dispute Settlement Body (DSB, and their promotion of multilateralism. Besides, this article analyses the possible resolutions from the legal interpretation and the rules of Conflicts of Norms, too. At last, it indicates an example of these possible conflicts and resolutions, the recent WTO Biotech Products Case, to demonstrate the possibility for the DSB to refer to others international norms in concrete cases.

  9. WTO og skatteret

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2005-01-01

    Artiklen analyserer hvordan WTO-retten, særligt GATT-, GATS- og subsidieaftalen, kan påvirke indholdet af national skatteret. Udover en drøftelse af princippet om national behandling og mest begunstigelsesprincippet drøftes hvordan subsidieaftalen kan påvirke de nationale principper om global con...... contra territorial beskatning og reglerne om transfer pricing....

  10. Greenhouse Gases Emissions Reduction and WTO Trade Rules

    Directory of Open Access Journals (Sweden)

    Younghwan Kim

    2009-06-01

    Full Text Available Greenhouse gases (GHGs cannot be contained within nations' border and climate change is certainly a global issue that requires global actions. Therefore, when a country considers domestic measures to reduce GHGs emissions, their impacts beyond the nation's border should be examined carefully. Possible effects through international trade are particularly important in the globalized world with growing trade and expanding capital movements. After reviewing the current status of multilateral environment agreements (MEAs, how they are related to WTO trade rules, legal questions and dispute cases that are possibly related to GHGs emissions reductioGreenhouse gases (GHGs cannot be contained within nations' border and climate change is certainly a global issue that requires global actions. Therefore, when a country considers domestic measures to reduce GHGs emissions, their impacts beyond the nation's border should be examined carefully. Possible effects through international trade are particularly important in the globalized world with growing trade and expanding capital movements. After reviewing the current status of multilateral environment agreements (MEAs, how they are related to WTO trade rules, legal questions and dispute cases that are possibly related to GHGs emissions reduction, this paper examines recently proposed border GHGs adjustment measures and various WTO agreements as potential tools that are promising or not promising. This paper also suggests how to make WTO’s potential tools ready and how to build global consensus so that we can avoid unilateral trade measures for climate change. Finally, policy implications for Korea are discussed.

  11. Multilateralismo, democracia e política externa no Brasil: contenciosos das patentes e do algodão na Organização Mundial do Comércio (OMC Multilateralism, democracy and foreign policy in the Brazil: disputes of the patents and the cotton in the WTO

    Directory of Open Access Journals (Sweden)

    Marcelo Fernandes de Oliveira

    2007-06-01

    Full Text Available O objetivo deste artigo é verificar se o aperfeiçoamento das instituições democráticas brasileiras no tocante ao processo de formulação da política externa por meio da elaboração e da ampliação de canais institucionais que facilitem a interação entre policy-makers e atores das organizações da sociedade civil pode melhorar o atendimento das demandas dos grupos de interesse, bem como ampliar a qualidade técnica da diplomacia brasileira durante as negociações comerciais internacionais. Combinada a opção estratégica pelo multilateralismo, verificaremos ainda se esse aperfeiçoamento pode gerar maior credibilidade e legitimidade internacional para as ações do Brasil na OMC, inclusive possibilitando ao país moldar regimes internacionais de comércio favoráveis aos seus interesses nacionais. Buscarei demonstrar a viabilidade do argumento analisando os contenciosos das patentes farmacêuticas e da questão dos subsídios agrícolas, especificamente o caso do algodão contra os Estados Unidos na OMC.The objective of this article is to verify if the perfectioning of the brazilian democratic institutions in what refers to the foreign affairs making process through elaboration and ampliation of the institutional ways which can make easier the interaction between policy-makers and civil society organization’s actors, can better the answer to demand from the technical quality of the brazilian diplomacy during the international commercial negotiations. Agreed the selection strategic at multilateralism, we will also verify if this perfectioning can create bigger international credibility and eligibility to the Brazilian actions at WTC, inclusively making possible to the country to mold international commerce regimes which favors to its national interests. We will search demonstrate the viability of the argument, analising the patents pharmaceuticals disputes and the agricultural subsidies questions, in specific, the cotton dispute in

  12. Contenciosos brasileiros na Organização Mundial do Comércio (OMC: pauta comercial, política e instituições Brazil litigation in the WTO: trade mix, politics and institutions

    Directory of Open Access Journals (Sweden)

    Daniel Arbix

    2008-12-01

    Full Text Available O presente estudo busca analisar a formulação da política comercial brasileira, de relevância e complexidade crescentes, no caso das demandas brasileiras ao Órgão de Solução de Controvérsias (OSC da Organização Mundial do Comércio (OMC. Examina-se a centralização de tal política no Poder Executivo com foco em seus processos decisórios, a partir do contexto econômico e político pertinente para a seleção das demandas apresentadas a tal mecanismo de solução de controvérsias. Além de se perscrutar o funcionamento da Câmara de Comércio Exterior (Camex e sua interação com outros órgãos estatais, investiga-se a dinâmica da condução dos contenciosos e de suas repercussões na agenda comercial da OMC. Constata-se que, à margem do desenho institucional focalizado na Camex, a escolha das demandas responde à pauta comercial e ao impacto nas negociações internacionais do país, acompanhando a pauta de exportação e os principais parceiros comerciais do Brasil, no marco da Rodada Doha da OMC. Marcadas por constrangimentos internos e externos, portanto, as estratégias sobre litígios comerciais internacionais demandam transparência e cooperação aperfeiçoadas com o setor privado.This study seeks to analyze Brazil's foreign trade policy, which is of growing importance and complexity, in the particular case of litigation with the WTO's Dispute Settlement Body. Such policy centralization with the Executive Branch is examined with focus on the decision making processes, with grounds on the political and economical context relevant to the selection of disputes to be initiated with the mentioned dispute settlement mechanism. Brazilian Chamber of Foreign Commerce (Camex's operations are scrutinized, as well as its interactions with other state bodies, which is followed by an investigation of the dynamics of the disputes' conduction and their repercussion on the WTO's trade agenda. Perceived results are that, despite decisions

  13. SVHC in imported articles: REACH authorisation requirement justified under WTO rules.

    Science.gov (United States)

    Schenten, Julian; Führ, Martin

    2016-01-01

    The purpose of the REACH Regulation is to ensure a high level of protection of human health and the environment as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation. To this end, REACH introduces, among other instruments, the authorisation regime for substances of very high concern (SVHC) that are listed on Annex XIV of the regulation. After expiration of the transitional period for each Annex XIV-SVHC, articles, such as most products of daily use, produced in the European Economic Area (EEA) may not contain such substances unless an authorisation was granted for the specific use or this use falls within the scope of an exemption from the authorisation requirement. The authorisation scheme does, however, only apply to SVHC used in the EEA. As a consequence, REACH does not regulate SVHC entering the European market as part of imported articles which burden human health and the environment. Moreover, from an economic perspective, domestic articles are subject to stricter requirements than those which are produced abroad, putting actors from within the EEA at competitive disadvantage and thus impeding the intention of REACH to enhance competitiveness and innovation. One option to close this regulatory gap could be to extend the authorisation requirement to SVHC present in imported articles. A legal appraisal on behalf of the German Environment Agency (UBA) assesses whether such option would be in accordance with the specifications of WTO world trade law. It concludes that, measured by the standards of the WTO dispute settlement practice, such an extended authorisation scheme would neither violate the principles of national treatment and most-favoured nation treatment. Also, such regulation would not constitute an unnecessary obstacle to trade, since the extended authorisation requirement would pursue a legitimate objective covered by the regulatory autonomy of the EU and, furthermore, the regulation would

  14. Intragovernmental regulation and the public interest: air pollution control in the Tennessee Valley. [Settlement of 9-yr TVA/EPA dispute

    Energy Technology Data Exchange (ETDEWEB)

    Fitzgerald, M.R.; Rechichar, S.J.; Durant, R.F.; Thomas, L.W.

    1983-01-01

    This monograph presents the thoroughly researched and documented story of how the Environmental Protection Agency and the Tennessee Valley Authority finally settled their nine-year dispute over air pollution control in the Tennessee Valley. It is a penetrating study of what happens when government seeks to regulate itself, and the lessons drawn are relevant for all who are concerned about interest-group politics, intragovernmental regulation, and the public interest. In contrast to many who consider challenges to environmental regulation as obstructionist, these authors argue that such challenges can engender conflicts which confirm the essential vitality of the political process and ultimately serve the public interest. The purpose of the study is twofold: first, it describes what happened when the fledgling EPA tried to regulate its senior sister agency the TVA. Second, it assesses the efficacy and implications of intragovernmental regulation - especially insofar as this particular case teaches general lessons about citizen participation in the regulatory process and its effect upon the public interest.

  15. Canada's WTO Case Against U.S. Agricultural Support: A Brief Overview

    National Research Council Canada - National Science Library

    Schnepf, Randy

    2007-01-01

    ...) dispute settlement panel to consider two charges against U.S. farm programs -- first, that the United States has exceeded its annual commitment levels for total Aggregate Measurement of Support (AMS...

  16. The surprising effects of the most favored nation clausule (MFN in regards to foreign investment (a study of the jurisprudence of the International Center for Settlement of Investment Disputes –ICSID-

    Directory of Open Access Journals (Sweden)

    Viviana Herrera Ramírez

    2009-06-01

    Full Text Available Nowadays, the Most Favored Nation (MFN clause, which was incorporated almost automatically in Bilateral Investment Treaties (BIT during the decades of 1960 and 1970, reveals a surprising dynamic. By means of different awards of the International Center for Settlement of Investment Disputes (ICSID our article presents the “evolution” or change of conception that this clause has undergone. For this purpose it is necessary to analyze the clause mechanism, which a priori limited to importation of substantial provisions, seems to be implicitly authorized to insert procedural provisions too. The “new” feature of the MFN clause imposes a retrospective study of its principles, its wording and its aim. Such feature is not the consequence of modifications to the wording of the clause itself, but rather is the result of the assessments made by arbitrators, States and investors. That is why, the use of the MFN clause besides allowing a higher degree of liberalization in the investment sector, affects other structures of international law and highlights the role of States, investors and ICSID in the reinterpretation of MFN clause.

  17. Disputed Memory

    DEFF Research Database (Denmark)

    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...... 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....

  18. Game theory and environmental disputes

    Science.gov (United States)

    Lambert, Alan

    1983-09-01

    The courts have provided the traditional battleground for conflicts between environmental interest groups and those whose actions in some way have an adverse impact on the environment The judicial process is a time-consuming one in which all sides usually must concede to some points. Environmental disputes involve complex scientific issues which the court system is not set up to comprehend, so that the process gives the parties to a dispute the sense of having lost control of their own destinies. An increasing number of parties to environmental disputes are turning to negotiation, or mediation, as an alternative in which they can be active parties in the settlement-making process rather than the victims of a court-imposed solution When do the parties to a dispute choose a negotiated settlement over a court battle? To what extent does each party make the concessions necessary to reach an agreement? These questions can be answered by the game theory that provides a model for analyzing the negotiation process. This paper will apply game theory to two environmental conflict cases A series of questions pertinent to the analysis of all environmental disputes will be raised

  19. Saudi-Yemeni Territorial Sovereignty Disputes Over 'Asir, Jizan, Najran and the Rub' Al-Khali Desert Frontier : Legal Analysis of Some Aspects of Former Claims and the Final Settlement Under the 2000 Treaty of Jeddah

    OpenAIRE

    Al-Madani, Wael Mohammed Omar

    2005-01-01

    This thesis is concerned with the former disputes between Saudi Arabia and Yemen over title to the territories of' Asir, Jizan, Najran and the Rub' Al-Khali Desert frontier. Although the disputes were settled by the 2000 Treaty of Jeddah, it was possible right until the conclusion of that agreement that one of the disputing states could have submitted the disputes to arbitration, in which case the legal claims made by each state would have been highly significant. After examini...

  20. Put Rossii v WTO / Maksim Medvedkov

    Index Scriptorium Estoniae

    Medvedkov, Maksim

    2006-01-01

    Vene delegatsiooni juht Venemaa WTO-ga liitumise läbirääkimistel vastab küsimustele, mis puudutavad USA positsiooni neil läbirääkimistel, WTO-ga liitumise võimalikke tagajärgi Venemaale liitumise esimeses etapis, endiste NSVL-i vabariikide ja Venemaa vaheliste erimeelsuste võimalikku mõju Venemaa liitumisele WTO-ga

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

    Directory of Open Access Journals (Sweden)

    Robert G. Finbow

    2016-08-01

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

  2. 121 | Page WORLD TRADE ORGANISATION (WTO): TRADE ...

    African Journals Online (AJOL)

    Fr. Ikenga

    of the current rules of WTO that reinforce the disadvantages faced by developing economies. This essay deals with these unfair trade rules and disadvantages inherent in the World Trade Organization (WTO) system by .... also expand their exports given the comparative advantage they have in respect of those national ...

  3. 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 ...

  4. From the Green Room to the Court Room (And Back: Judicial Clarification of Ambiguity in WTO Law and the Effects on Subsequent Negotiations

    Directory of Open Access Journals (Sweden)

    James Flett

    2011-05-01

    Full Text Available The WTO provides an opportunity to observe the recent creation, development and operation of a "hard law" adjudicative legal system, with legal subjects of greatly varying degrees of power, embedded within an intensely political environment. Between these parallel political and legal communities there are numerous points of contact. At each point of contact one finds played out (or to be played out and resolved, re-iteratively, the basic drama between power-based and rules-based approaches to disputes. An examination of the Dispute Settlement Understanding and of subsequent developments - from the particular perspective of a participant within the WTO legal system - suggests that the rules-based approach was initiated in a somewhat low profile manner. Once the process had been quietly booted-up, ambiguity and discretion embedded in the rules has been systematically crystallizing, under the influence of lawyers and adjudicators acting both in and out of the court room, so as to substantially further develop and consolidate a more complete rules-based operating system. This is something to which the Members themselves do not appear to have objected. In the long term, the fundamental driving motor for this process, which ultimately outweighs all other considerations, is a necessity recognised by all participants and their constituents – that is, legal security and predictability for firms engaged in international trade. However, the legitimacy of particular outcomes will ultimately continue to rest upon the rationality, reasonableness and openness of adjudicators and their judgments. This repetitive process of shared experience and palliative outcome is progressively binding the political and legal communities together in a shared fate. The process is proving remarkably successful, and may both serve as a model for (and have spill-over effects in other areas of international law. Ultimately, the system's continued success depends upon jealously

  5. Ethiopia's WTO Accession and Financial Services Liberalization ...

    African Journals Online (AJOL)

    Ethiopia's WTO Accession and Financial Services Liberalization: Striking the Balance between Trade ... Mizan Law Review ... The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, ...

  6. A mudança de orientação da lógica de solução das controvérsias econômicas internacionais Solution logic orientation changes in international economical disputes

    Directory of Open Access Journals (Sweden)

    Marcelo Dias Varella

    2006-12-01

    Full Text Available O grau de juridicidade do direito internacional econômico tem crescido nos últimos anos, ocasionando alterações na lógica de solução das controvérsias econômicas internacionais. Este adensamento da juridicidade do sistema confere maior legitimidade e importância aos mecanismos de solução de controvérsias, em especial o presente na Organização Mundial do Comércio (OMC, principal instituição reguladora do comércio internacional. De acordo com a nova lógica, os países mais fortes economicamente passaram a aceitar perdas relativas a setores específicos, buscando ganhos com o estabelecimento do sistema como um todo. A nova sistemática guiada por normas pré-definidas e especificamente traçadas para a solução de conflitos internacionais (rule-oriented veio substituir a solução destes conflitos pelo uso da força, via sanções unilaterais ou pressões sobre setores sensíveis (power-oriented. Além disso, a análise desta mudança de orientação evidencia que a OMC e seu Órgão de Solução de Controvérsias vêm ganhando maior credibilidade e respeito por parte de seus usuários, visto que casos concretos envolvendo setores como o agrícola e países desenvolvidos e em desenvolvimento demonstram a real possibilidade de utilização de mecanismos de retaliação mesmo quando se trata de países mais fracos contra países muito mais fortes.International Economical Law's level of jurisdiction has increased in the last years. This increase changed the logic of international economical dispute settlement system. The jurisdiction increase also gave more legitimacy and importance to dispute settlement mechanisms, specially the mechanisms pointed out by the World Trade Organization (WTO which is the main international trade regulating institution. According to the new logic of dispute settlement countries considered economically strong began to accept losses related to specific sectors in order to win with the establishment of

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

    Directory of Open Access Journals (Sweden)

    Asri Salleh

    2007-12-01

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

  8. Ukraine in the WTO: Effects and Prospects

    Directory of Open Access Journals (Sweden)

    Elena Anatolyevna Bessonova

    2015-09-01

    Full Text Available Over 6 years have passed since Ukraine became a member of the WTO. The accession has had both positive and negative effects on the country’s economy. The process of accession took place in the absence of any definite economic development strategy. As a consequence, the national manufacturers were hurt in many respects. Ukraine acceded to the WTO on terms rather unfavourable for the country, with little to no regard for the opinions of experts and the business milieu. That resulted in losses for the most vulnerable sectors of Ukraine’s economy. Those are the industries which produce high value-added products, including machine building, consumer goods industry and food-processing. This goes to show that the country’s WTO membership was detrimental for the innovation-oriented industries involving high technologies. The branches of the real sector of the economy which produce low value-added products (such as agriculture, chemical industry, and metallurgy fared better. Despite the patterns of poor judgment shown, there are certain positive effects of Ukraine’s WTO membership. Among them one can mention the possibility to conduct equitable dialogue with the country’s foreign trade partners, enhancement of competitive advantages of the major producers in the real sector, provision of incentives to harnessing new technologies, improvement of production quality in order to enhance the competitiveness on the global market. Ukraine’s experience shows that it is obviously necessary for Russia to make efforts in order to ensure that Russia’s WTO membership would advantage the national economy and the real sector entities. Russia’s WTO membership can give a great impetus to the country development, but only if relevant domestic reforms will adapt Russian economic and legislative institutions to the conditions of the WTO multilateral trade agreements.

  9. Civil-Law Dispute in China

    Directory of Open Access Journals (Sweden)

    Julia A. Boltenkova-Liman

    2016-12-01

    Full Text Available In this article author studies issues of resolving civil disputes in the People's Republic of China. Author notes that earlier, if the dispute concerns individuals or legal entities, administrative powers or affected rights and legitimate interests, as a rule such disputes were not considered by arbitration courts. But now there is a tendency that if the dispute concerns the basic rights and obligations, then it can be divided into different parts and determine what can be resolved by arbitration. In conclusion, the author notes that at present there are several points of view regarding the resolution of civil disputes in arbitration. On the one hand, there is an opinion that arbitration (the arbitral tribunal is not in a position to strictly follow the legislation and, therefore, the interests of the parties may be threatened. On the other hand, it is considered that arbitration as an existing form of dispute settlement is initially nonclassical and when choosing this type there is no need for full compliance with legal procedures, therefore, the arbitrator can justify his decision based on his own experience, conscience and justice. Thus, the most effective and used mechanism for resolving civil disputes in China is arbitration.

  10. Crowdsourced online dispute resolution

    NARCIS (Netherlands)

    Dimov, D.V.

    2017-01-01

    Solving disputes often takes a considerable amount of time and money. That holds for everyone involved. A new type of dispute resolution called Crowdsourced Online Dispute Resolution (CODR) seems to have the potential to offer a cheap, fast, and democratic dispute resolution procedure. Since it is

  11. The Concordance of Multilingual Legal Texts at the WTO

    Science.gov (United States)

    Condon, Bradly J.

    2012-01-01

    Multilingualism is a sensitive and complex subject in a global organisation such as the World Trade Organization (WTO). In the WTO legal texts, there is a need for full concordance, not simply translation. This article begins with an overview of the issues raised by multilingual processes at the WTO in the negotiation, drafting, translation,…

  12. Will China's WTO Accession Worsen Rural Poverty?

    OpenAIRE

    Anderson, Kym; Huang, Jikun; Ianchovichina, Elena

    2004-01-01

    Many fear China’s accession to WTO will impoverish its farmers, via greater import competition in its agricultural markets. We explore that possibility bearing in mind that, even if producer prices of some (land-intensive) farm products fall, prices of other (labour-intensive) farm and non-farm products could rise. New estimates, from the global, economy-wide numerical simulation model known as GTAP, of the likely changes in agricultural and other product prices as a result of WTO accession a...

  13. Contesting Constitutionalism: Constitutional Discourse at the WTO

    NARCIS (Netherlands)

    Lawrence, J.C.

    2013-01-01

    Debates about ‘constitutionalism’ have become an important trend in WTO scholarship. Despite over two decades of interest, however, a coherent definition of the term and its content remain out of reach. This paper argues that ‘constitutionalism’ should be approached not as something that can be

  14. ethiopia's wto accession and financial services liberalization

    African Journals Online (AJOL)

    TilahunEK

    2002-02-21

    Feb 21, 2002 ... He would like to give his sincere gratitude to the editorial team at Mizan Law Review and the two anonymous ..... and laws of the acceding country are in compliance with the WTO Agreement. This stage is followed ...... XVI:2(a) and (c) by the Appellate Body in the US-Gambling case.130 The. Appellate Body ...

  15. WTO and Lifelong Education Strategies for Teachers

    Science.gov (United States)

    Wang, Zhi-guo; Zheng, Yu

    2006-01-01

    After China's entry into the World Trade Organization (WTO), teachers have been confronted with many opportunities and challenges. Lifelong education strategies are problems we should take into account carefully. This article expounds the objective demands, ideas, content, measures and functions of lifelong education.

  16. Reducing Tariffs According to WTO Accession Rules

    DEFF Research Database (Denmark)

    Fosse, Henrik Barslund; Raimondos-Møller, Pascalis

    2012-01-01

    When Vietnam joined the World Trade Organization (WTO) in 2007 it was granted an accession period up to 2014. During this period tariffs would have to fall according to the accession agreement. This paper evaluates this 2007–2014 trade liberalization by building an applied general equilibrium model...

  17. Ethiopia's WTO Accession and Financial Services Liberalization ...

    African Journals Online (AJOL)

    This article examines some of the main provisions of the General Agreement on Trade in Services (GATS) and the Annex on Financial Services to evaluate its impact on domestic financial regulation and macroeconomic policy. In particular, it analyzes whether Ethiopia can – upon accession and within the WTO's GATS ...

  18. 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.

  19. International Regulations Dealing with Alternative Dispute Resolution for International Commercial Disputes

    Directory of Open Access Journals (Sweden)

    Angelica Rosu

    2009-06-01

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

  20. Nothing Dramatic (... regarding administration of customs laws): A Comment on the WTO Appellate Body Report EC - Selected Customs Matters

    OpenAIRE

    HOEKMAN, BERNARD M.; Mavroidis, Petros C.

    2017-01-01

    This paper discusses the 2005 dispute between the European Community (EC) and the United States (US) regarding the customs classification of two specific products and the ambit of Art. X GATT (Publication and Administration of Trade Regulations). The Dispute Settlement Panel and the Appellate Body (AB) essentially upheld the position advocated by the EC, with one exception that is of no practical import, as the EC had already modified its regime. While the AB followed prior case law, it added...

  1. APEC's Contribution to WTO: Korea's Strategy

    Directory of Open Access Journals (Sweden)

    Wook Chae

    1998-06-01

    Full Text Available Differential measures towards countries out of the region can threaten the multilateral system and this could be an implicit factor in regionalism. But from the other prospect, economical cooperation among regions would increase the economic welfare and strengthen WTO free trade system. Open Regionalism impelled by WTO can be regarded as a typical example of this. By boosting the liberalization of regional trade investment, APEC promotes the unification of global economy also facilitate the establishment of international economical order. Meanwhile, APEC helps WTO, which aims at free and fair trade, quite a lot. At the same time, by balancing competition and corporation between regions, APEC also remedies several problems of multilateral system which are mainly problems with competition. Korea should be involved positively in implementing and improving the plans which are executed both individually or together in order to promote the in-discrimination in the early stage and extend the idea of open regionalism and win the trust of the foreign countries and improve the commercial environment.

  2. WTO Reform: Background, Conditions and Prospects

    Directory of Open Access Journals (Sweden)

    Tatyana M. Isachenko

    2016-01-01

    Full Text Available Maximizing the benefits of international division of labor and sharing the achievements of innovative development is possible only with the existence of a strict system of rules and regulations. Such system would enable fair regulation of international trade, ensure the transparency of market access and make it possible to challenge discriminatory measures, as well as to maintain certain measures to protect the interests of domestic producers. The creation of the multilateral trading system has started with the General Agreement on Tariffs and Trade (GATT and was subsequently developed in the documents and codes, the decisions of the negotiating rounds. Since 1995, a set of rules of the World Trade Organization (WTO became the basis of the multilateral trading system. All rules are worked out at the multilateral level. However, in recent years the negotiations within the WTO has slowed down, that affected the quality and speed of decision-making on key issues of global development. That provokes the discussion it on a certain crisis of the WTO as the main regulator of world trade, and therefore the need to provide both institutional and substantive reforms.

  3. Mediationo of Labour Disputes in Kazakhstan in Comparative Context

    Directory of Open Access Journals (Sweden)

    Guzal Galiakbarova

    2016-01-01

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

  4. 48 CFR 633.214-70 - Alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... this claim for ADR. In every dispute, the first step toward resolution shall be unassisted negotiations... presentations, settlement negotiations are conducted. The neutral advisor may assist the parties in negotiating... process in which a neutral and impartial third party assists the Government and the contractor in conflict...

  5. WTO uks läks Venemaa ees lukku

    Index Scriptorium Estoniae

    2008-01-01

    Pärast Gruusia konflikti USA kaubandusministri Carlos Gutierreze Venemaa WTO-sse astumise vastast avaldust ütles Venemaa lahti mitmest WTO-ga sõlmitud lepingust ning on juba varemgi loobunud läbirääkimiste käigus järeleandmiste tegemisest

  6. Trade and public health: the WTO, tobacco, alcohol, and diet

    National Research Council Canada - National Science Library

    McGrady, Benn

    2011-01-01

    .... This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves"--

  7. WTO Influence on EU Law: Too Close for Comfort?

    NARCIS (Netherlands)

    Kuijper, P.J.; Hoffmeister, F.; Wessel, R.A.; Blockmans, S.

    2013-01-01

    This contribution analyses the influence of WTO primary and secondary law on the primary and secondary law of the European Union. Moreover, the influence of WTO panel and Appellate Body reports on EU secondary law and administrative decisions is evaluated. As a principal example the article takes

  8. WTO — The knowledge deficit in trade negotiations | CRDI - Centre ...

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

    The ferocity of negotiations in the World Trade Organization (WTO) was on display again at the Fifth WTO Ministerial Conference, held in Cancún, Mexico from September 10 to 14. The intensity of the negotiations reflects more than a clash of opinions about free trade. It gives expression to a deep and dangerous power ...

  9. An expert system to manage dispute resolutions in construction projects in Egypt

    Directory of Open Access Journals (Sweden)

    A.A. Elziny

    2016-03-01

    Full Text Available This study attempts to shed a great deal of light on the problem of construction disputes in the Egyptian projects. This paper presents a comprehensive review of the available literature on analysis of disputes. The objective of this paper was to provide an expert system can evaluate the overall dispute settlement procedures at company’s projects. A questionnaire has been used to study dispute sources and resolution methods. Four case study applications have been provided to check the validity of the proposed system. Results confirmed that the most important source of disputes was contract management 74.04%, the second was contract documents 71.49%, the third was financial issues 67.80%, the fourth was project related issues 63.92%, and the lowest one was other sources (such as force majeure 61.58%. Finally, the expert program facilitates dispute resolution by using alternative dispute resolution methods instead of going direct to arbitration or litigation.

  10. abour Dispute Resolution System

    African Journals Online (AJOL)

    for Conciliation, Mediation and Arbitration (CCMA). Even though the Labour. Relations Act 66/95 (LRA) has brought statutory dispute resolution within reach of the ordinary worker, it might actually have compounded the problems relating to dispute resolution in the country. The high rate of individual unfair dismissal cases ...

  11. Vietnam’s Accession to the WTO

    DEFF Research Database (Denmark)

    Abbott, Philip; Bentzen, Jeanet; Tarp, Finn

    This paper examines Vietnam’s experience with bilateral trade agreements and compares subsequent outcomes with predictions from existing computable general equilibrium (CGE) models. Those model based assessments have greatly underestimated the impact of past agreements. Tariff reform...... is not the main factor driving economic adjustments, and market imperfections mean there is potential for greater output and trade expansion. The key questions to ask in future research are what critical new institutional reforms WTO accession will bring, and what incentives will be put in place to determine...

  12. 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.

  13. 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.

  14. Science in trade disputes related to potential risks: comparative case studies. IPTS technical report series EUR 21301 EN, European Commission Joint Research Centre / IPTS Institute for Prospective Technological Studies, Brussels/Luxembourg

    OpenAIRE

    Marris, Claire; Milstone, Erik; Torgersen, Helge; Levidow, Les; van Zwanenberg, Patrick

    2003-01-01

    The report presents the results of a study on the use of science in decision-making when facing uncertainty comparing three actual trade conflicts where the contrasting outcomes have been analysed: the WTO hormones-in-meat dispute, the genetically engineered recombinant Bovine Somatotropin (r-BST) dispute and the Austrian ban to Monsanto's GM maize expressing the Bt gene. The general conclusion, after interviewing major key players in the three cases, is that the differences in the judgements...

  15. The WTO as a Global Internet Governance Actor

    OpenAIRE

    Burri, Mira

    2013-01-01

    The presentation highlights the effects of WTO law on diverse elements of the Internet space and its governance. It also discusses some newer developments – triggered on the one hand by the slow adaptation of WTO law to the practical reality of digital trade and on the other hand, triggered by acts in the Internet Governance domain, with impact on the field of trade. In this analysis, the potential and the limits of the WTO as a global governance actor in general and a global Internet Gov...

  16. 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.

  17. Sound settlements

    DEFF Research Database (Denmark)

    Duelund Mortensen, Peder

    2013-01-01

    Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice......Præsentation af projektresultater fra Interreg forskningen Sound Settlements om udvikling af bæredygtighed i det almene boligbyggerier i København, Malmø, Helsingborg og Lund samt europæiske eksempler på best practice...

  18. 41 | Page SPECIAL AND DIFFERENTIAL TREATMENT IN THE WTO ...

    African Journals Online (AJOL)

    Fr. Ikenga

    , SDT. 1. Introduction. The World Trade Organization (WTO) is the only international organization dealing with the greatest economic challenges facing the world today.1 The aim of this organization is to create an international system that not ...

  19. Milline saab olema uuenenud WTO põllumajandusleping? / Ruve Schank

    Index Scriptorium Estoniae

    Šank, Ruve, 1954-

    2003-01-01

    Uuenenud WTO põllumajanduslepinguga hakkab riiklik toetus üha vähem olema seotud tootmisega, selle asemel toetatakse lihtsalt maal elamist ja seal töötamist põllumajandusega mitte otseselt seotud aladel

  20. The WTO Agenda and the Media Agenda

    DEFF Research Database (Denmark)

    Andersen, Rune Saugmann; Skjoldan, Lasse

    ’ (DDA) negotiations. While the DDA was set off in 2001 and was intended to be concluded by the end of 2004, the multilateral negotiations are in the end of 2007 still short of agreement. This thesis conceives of the media agenda as an important factor influencing trade policy formation and trade...... negotiation in the WTO. Combining elements from agenda-setting and institutional media theory, the study examines which issues and themes have been covered (priming) and from which angles these issue have been covered (framing). In particular, this thesis investigates the degree to which this priming...... and framing seems to be institutionalised across time (the four summits) and across space (the five countries). Using stable trends in coverage as indications of institutionalisation the thesis concludes that the press agendas are highly institutionalised across both time and space. This is so because: A...

  1. Hill Settlements

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

    of violence are considered as crime (for example, violence by the state), and not all types of .... the steep terrain, reaching these settlements was a challenging task, more so during the monsoons when the kutcha roads turned slippery. Their children were not able to attend ... education and healthcare. CONFLICTS DUE TO ...

  2. WTO Accession: Tough love or a heavy hand? | IDRC - International ...

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

    2011-01-31

    Jan 31, 2011 ... The end of the MFA was “a strong motivating factor” in the government's decision to seek WTO accession in 1994, says the US-educated Siphana. So too was Cambodia's desire to leave behind its legacy of civil war and economic isolation. “The issue was not whether we should enter [the WTO] or not — we ...

  3. PENGATURAN SUBSIDI PERIKANAN DALAM WTO DAN DAMPAKNYA BAGI INDONESIA

    Directory of Open Access Journals (Sweden)

    Hilton T. Putra

    2015-02-01

    Full Text Available Fisheries subsidies have been practiced by many states in the world. Such actions are considered as one of the causes of over-fishing. Its also endanger sustainable fisheries management. There is no specific regulation on fisheries subsidies in the WTO. To date, negotiation over fisheries subsidies came out with the draft and it would be attach as Annexes VIII of SCM Agreement. The draft of fisheries subsidies specifically regulates prohibited subsidies, general exception and special and different treatment. The impact of the WTO fisheries subsidies draft will be negative to the Indonesian fisheries market, fishery resources and employment.   Subsidi perikanan telah dipraktikkan oleh negara-negara di dunia. Tindakan tersebut dianggap sebagai salah satu penyebab terjadinya eksploitasi sumber daya perikanan sehingga membahayakan pengelolaan perikanan berkelanjutan. Terkait dengan perdagangan dan subsidi perikanan, belum ada regulasi khusus tentang subsidi perikanan di WTO. Negosiasi di WTO hingga saat ini baru pada rancangan yang akan menjadi lampiran VIII SCM Agreement. Rancangan subsidi perikanan di WTO mengatur secara khusus tentang subsidi perikanan yang dilarang dan pengecualian secara umum. Dampak dari rancangan subsidi perikanan WTO tersebut apabila berhasil disahkan akan memberikan dampak negatif kepada Indonesia terkait dengan pasar perikanan, sumber daya perikanan dan lapangan pekerjaan.

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

    Directory of Open Access Journals (Sweden)

    Natalia Rodríguez Uribe

    2011-01-01

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

  5. THE IMPLICATION OF SPECIAL PROVISIONS FOR DISPUTES OVER OWNERSHIP RIGHTS AND OTHER CIVIL DISPUTES TOWARDS RELIGIOUS COURT JURISDICTION

    Directory of Open Access Journals (Sweden)

    Mrs. Hartini

    2015-10-01

    Full Text Available This study analyzes the meaning and scope in terms of property rights disputes or other disputes on specialis rule of clause (2 Article 50 paragraph (2 of the Law on Religious Courts and its implications to the boundary of the absolute competence between religious court and district court. This research also viewed the practice of disputes settlements deal with the property rights or other disputes on Islamic economics cases. The study was conducted by analyzing the legal regulations and court rulings related to islamic economic cases lodged property rights disputes or other disputes. Research was equipped with primary data and analyzed qualitatively. Penelitian ini mengkaji dan menganalisis makna dan cakupan dalam istilah sengketa hak milik atau sengketa lain pada aturan spesialis, Pasal 50 ayat (2 UU Peradilan Agama beserta implikasinya terkait batas kewenangan absolut antara pengadilan agama dengan pengadilan negeri serta praktik penyelesaian sengketa hak milik atau sengketa lain yang selama ini diputus terkait perkara ekonomi syariah. Penelitian dilakukan dengan menganalisis peraturan hukum dan putusan pengadilan terkait perkara ekonomi syariah yang tersangkut sengketa hak milik atau sengketa lain. Penelitian dilengkapi dengan data primer yang selanjutnya dilakukan analisis secara deskriptif kualitatif.

  6. THE IMPLICATION OF SPECIAL PROVISIONS FOR DISPUTES OVER OWNERSHIP RIGHTS AND OTHER CIVIL DISPUTES TOWARDS RELIGIOUS COURT JURISDICTION

    Directory of Open Access Journals (Sweden)

    Mrs. Hartini

    2015-10-01

    Full Text Available This study analyzes the meaning and scope in terms of property rights disputes or other disputes on specialis rule of clause (2 Article 50 paragraph (2 of the Law on Religious Courts and its implications to the boundary of the absolute competence between religious court and district court. This research also viewed the practice of disputes settlements deal with the property rights or other disputes on Islamic economics cases. The study was conducted by analyzing the legal regulations and court rulings related to islamic economic cases lodged property rights disputes or other disputes. Research was equipped with primary data and analyzed qualitatively.   Penelitian ini mengkaji dan menganalisis makna dan cakupan dalam istilah sengketa hak milik atau sengketa lain pada aturan spesialis, Pasal 50 ayat (2 UU Peradilan Agama beserta implikasinya terkait batas kewenangan absolut antara pengadilan agama dengan pengadilan negeri serta praktik penyelesaian sengketa hak milik atau sengketa lain yang selama ini diputus terkait perkara ekonomi syariah. Penelitian dilakukan dengan menganalisis peraturan hukum dan putusan pengadilan terkait perkara ekonomi syariah yang tersangkut sengketa hak milik atau sengketa lain. Penelitian dilengkapi dengan data primer yang selanjutnya dilakukan analisis secara deskriptif kualitatif.

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

    Directory of Open Access Journals (Sweden)

    Muhammad Taufiq

    2016-01-01

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

  8. USA tõstis tõkkepuu Vene WTO-püüdlustelt / Krister Paris

    Index Scriptorium Estoniae

    Paris, Krister

    2006-01-01

    USA ja Venemaa leppisid põhimõtteliselt kokku tingimustes, mille täitmise korral saab Venemaa WTO-ga liituda. Liitumise peavad heaks kiitma kõik WTO liikmesmaad, raskeks võib osutuda heakskiidu saamine Gruusialt

  9. Analysis of Trade Before and After the WTO: A Case Study of South Asia

    OpenAIRE

    Rana Ejaz Ali Khan; Muhammad Ijaz Latif

    2009-01-01

    Trade stimulates economic growth as well as create employment. The basic principles (of the WTO) make the system economically more efficient and cut the production and marketing costs. It gives consumers more choice, and a broader range of qualities to choose from. These are the basic benefits of world trading given by the WTO (WTO 2003). A number of studies have explained implications of the WTO with reference to developed and developing countries. How much trade has been increased by nation...

  10. Labour Disputes of Gifted Employees

    Science.gov (United States)

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

    2013-01-01

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

  11. Ukraine’s Accession to the WTO: Strategy and Impediments

    Directory of Open Access Journals (Sweden)

    Serhiy Lakhno

    2005-03-01

    Full Text Available This paper focuses on issues surrounding Ukraine’s internal efforts for WTO accession given the importance of completing the negotiation process prior to the December 2005 Hong Kong Ministerial Conference. The paper is divided into two sets of issues: first, Ukraine’s prospects of acquiring WTO membership, including procedural questions, in the near future, and second, the substantive conditions for completing the accession process and the associated problems that require immediate attention. Among other matters, the paper describes the current procedure for WTO accession and proposes an optimum scenario for Ukraine’s membership, identifying the necessary measures, timeframes and risks that threaten the prescribed tasks. It also highlights major institutional problems that are hindering the harmonization of Ukrainian laws with GATT/WTO rules and offers a WTO-consistent legislative and regulatory action plan with specific proposals on amending relevant laws. The paper also illustrates the major problematic aspects of multilateralism that are impeding the completion of the negotiations. Furthermore, the author offers several proposals concerning approaches to and techniques for addressing these challenging issues.

  12. Is There a Case - Legally and Politically - for Direct Effect of WTO Obligations?

    National Research Council Canada - National Science Library

    Fabri, H. R

    2014-01-01

      WTO law does not require its direct effect in domestic legal orders. Whilst the stances taken in these are diverse, showing that direct effect is not denied on the whole to WTO law, all the major trading members of the WTO deny...

  13. Human settlements

    CSIR Research Space (South Africa)

    Van Niekerk, Cornelia W

    2017-09-01

    Full Text Available , 2014; Rajab, 2015). Table 10.1 shows the current estimated percentage of urban slum dwellers (UN-Habitat, 2013) in cities. The highest prevalence of urban slum dwellers (as a percentage of total urban dwellers) is found in Madagascar at 76%. Second... living in slumsMadagascar 76Malawi 69Angola 66Tanzania 64DRC 62Zambia 57Lesotho 54Namibia 34Zimbabwe 24South Africa 23 10.3. Potential climate risks and their consequences for settlementsThe future climate of southern Africa is generally expected...

  14. Indigenous dispute settlement systems for Africa's political and ...

    African Journals Online (AJOL)

    The growing social, economic and political debility of Africa as well as the challenging need for growth, development, peace and cohesion make regional cooperation and integration glaring necessities for African states. However, one of the ways without which it is difficult to realize this dream is addressing the continent's ...

  15. An Analysis of the Dispute Settlement Mechanism under the ...

    African Journals Online (AJOL)

    user

    The Act makes provision for eight fundamental rights, namely: the right to equality in the consumer market; the consumer's right to privacy; the consumer's right to choose; the right to disclosure and information; the right to fair and responsible marketing; the right to fair and honest dealing; the right to fair, just and reasonable.

  16. 61 Traditional Settlement of Dispute amongst Ikwerre Ethnic ...

    African Journals Online (AJOL)

    First Lady

    2013-01-28

    Jan 28, 2013 ... moves from one linguistic locality to another. Nevertheless, we are going to examine the practice as it is done by the Ikwerre ethnic nationality ..... display of wits and intelligence on the part of the legal officials. 9. Investigation and evaluation of matter: In order that justice and fair play may prevail, the chiefs, ...

  17. Civil Engineering Dispute Resolution

    CERN Document Server

    Osborne, J

    2001-01-01

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

  18. The New WTO Tuna Dolphin Decision: Reconciling Trade and Environment?

    OpenAIRE

    Jakir, Vanda

    2013-01-01

    The WTO is often criticised for consistently refusing to accept the environmental measures of its Members due to their adverse impacts on international trade. The aim of this paper is to examine the recent developments in WTO law considering this clash between liberal trade and environmental protection. The analysis is based on the most recent US – Tuna II (Mexico)1 case, the third in the Tuna Dolphin line of case law. The paper shows that the Appellate Body still greatly favours free trade o...

  19. The tale of a Trojan horse or the quest for market access? China and the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Sven Van Kerckhoven

    2014-01-01

    Full Text Available In 2001, China finally joined the WTO. The accession of China was looked forward to by many WTO members and China itself. However, observers had some fears that the Chinese accession would prove to be a Trojan horse, disrupting the working of the WTO. This paper looks into the Chinese accession and its involvement in the WTO Dispute Settlement and argues that these fears seem so far to be unfounded.

  20. 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

  1. 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.

  2. Latest News after the Creation of the WTO

    Directory of Open Access Journals (Sweden)

    Miquel Montañà i Mora

    1995-07-01

    Full Text Available The purpose of this paper is to examine whether the Agreement establishing the World Trade Organization (WTO has added any new elements to GATT’s institutional milieu. In the introduction, the paper highlights the fact that the man who first proposed the creation of the WTO during the Uruguay Round negotiations (former Italian Minister Renato Ruggiero was actually elected as the first Head of the Organization. It then analyses the objectives of WTO, its scope of application, its functions, the conditions for membership, its bodies, and the decision making procedure. The core conclusion of the article is that in spite of having been presented to the world as something new, the Agreement establishing the WTO does little more than turn GATT from a de facto international organization into a de iure organization. Apart from this development, the only changes worth mentioning are the abolishment of the grandfather clause and the protocol of provisional application. In addition, it is submitted that far from being an unexpected development, the creation of the WTOwas in fact one of the implicit objectives of the Uruguay Round, and a logical consequence of the process aimed at strengthening the multilateral trading system.

  3. Advancing LDCs Interests in the WTO: Strengthening Participation ...

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

    This project aims to advance LDC interests in the evolving multinational trading system and in view of the ongoing negotiations in the WTO. It will include: (i) rigorous evidence-based research on the trade interests of LDCs; (ii) identification of implications of the obligations undertaken by the LDCs; (iii) informed participation ...

  4. Economies in transition and the WTO process / David Roberts

    Index Scriptorium Estoniae

    Roberts, David

    2004-01-01

    Ilmunud ka: Vozdeistvije protsessa VTO na selskoje hozjaistvo v ekonomitsheskihh sistemahh perehoda : 26-29 julja 2003 goda, Tallinn, Estonija : materialõ konferentsii. - Tallinn, 2004, lk. 141-152. Üleminekuperioodiga maade probleemidest põllumajanduse arendamisel seotuna WTO protsessiga. Vt. samas riikide ülevaadet. Graafikud. Diagrammid

  5. The Bali Agreement: Implications for Development and the WTO

    Directory of Open Access Journals (Sweden)

    Christophe Bellmann

    2014-05-01

    Full Text Available At the most recent World Trade Organisation (WTO ministerial conference, in December 2013, in Bali, Indonesia, ministers from 160 countries concluded the first multilateral agreement ever negotiated under the auspices of the WTO. After five years of impasse in the moribund Doha Round of trade negotiations, the so-called “Bali package” was enthusiastically welcomed by the world’s governments and international press alike as a critical step towards restoring the credibility of the WTO as a negotiating forum. The centrepiece of the package is without doubt a new agreement on trade facilitation aimed at reducing red tape, and facilitating customs procedures in an effort to cut down the cost of doing business. Other — less far reaching — aspects of the deal focused on food security and a set of issues of particular interest to least developed countries including trade preferences or cotton subsidies. As the dust from the heated Bali negotiations settles, the main challenge for the WTO will now consist in building on this success to re-energise multilateral negotiations and ultimately close the Doha Round. In a world increasingly dominated by regional and bilateral free-trade agreements, members will have to confront the core issues that have divided them for nearly 15 years and find creative solutions to rehabilitate the WTO’s centrality in global trade governance.

  6. China’s Entrance to the WTO and Financial Reform

    Directory of Open Access Journals (Sweden)

    Ki-Soon Park

    2000-09-01

    Full Text Available The openness and liberalization of China’s financial market is expected to accelerate with her entrance to the WTO. China plans to carry out liberalization measures, including the expansion of the Renminbi business scope. Openness and liberalization will expedite the integration of internal and external sectors, thereby making the domestic financial market more vulnerable to environmental changes. Consequently, China should establish a strong financial system to efficiently cope with the contagion effects of an external financial crisis. However, China’s financial system is still very weak, mainly due to the enormous bad loans to SOEs (state-owned enterprises. Accordingly, the Chinese government should carry out financial reform measures such as strengthening the financial supervision system, dealing with bad bank loans and restructuring the financial institutions. On the whole, China’s entrance to the WTO is expected to have a positive influence on her financial sector by accelerating such reform policies as financial reform and SOE reform. Entrance to the WTO will make society recognize the necessity of reform and openness. The Chinese government can decide to push some difficult reform policies which would not have been considered without WTO entrance.

  7. WTO läbimurde ootel / Tõnis Arnover

    Index Scriptorium Estoniae

    Arnover, Tõnis, 1952-

    2006-01-01

    Maailma Kaubandusorganisatsioonis oodatakse Suure Leppe sündi, mis oleks kasulik ekspordist huvitatud avatud majandusega riikidele. Vt. samas: Tähtsamad huvigrupid WTO-s; Šveitsi valem kärbib kõrgeid tariife; Mauritius pelgab oma kaupade konkurentsivõime kahanemist; Eestit huvitavad tööstuskaupade eksportimise lisavõimalused; Mina sulle, sina mulle

  8. English for International Trade: China Enters the WTO.

    Science.gov (United States)

    Pang, Jixian; Zhou, Xing; Fu, Zheng

    2002-01-01

    Reports on a survey into the impact of China's entry into the World Trade Organization (WTO) on business professionals and college English instruction. Individuals in business and trading companies from the five cities in Ahejiang province were polled on issues related to the learning and teaching of English with reference to China's entry into…

  9. World Trade Organisation (WTO): Trade rules/agreements and ...

    African Journals Online (AJOL)

    The GATT (General Agreement on Trade and Tariffs) rules of 1947 were seen as prejudicial to the economic and development concerns of developing countries. With the coming into effect of World Trade Organization (WTO), it was expected that some of the concerns of the developing countries will be addressed.

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

    Science.gov (United States)

    Sander, Frank E. A.

    1984-01-01

    The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    T. Kehinde Adekunle

    2015-12-01

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

  13. Environmental implications of China's WTO accession

    Energy Technology Data Exchange (ETDEWEB)

    Vennemo, Haakon; Aunan, Kristin; He, Jianwu; Hu, Tao; Li, Shantong; Rypdal, Kristin

    2005-07-01

    China's accession to the WTO in 2001 completed the country's entry into the global economy. We investigate environmental implications of WTO-accession. There are several hypotheses in this area: The scale hypothesis says that production is scaled up and in turn, pollution increases. The composition hypothesis says that composition of industries changes and pollution reflects the new composition. The technique hypothesis says that production methods become cleaner and pollution decreases. We analyze the relative strength of the hypotheses by means of an environmental CGE-model, and in the case of air pollution find support for a composition effect in favor of clean industries. Thanks to the composition effect, emissions to air of greenhouse gases fall. Emissions of particles and SO2 also fall, but emissions of NOx and VOC rise. Since particle and SO2-emissions fall we estimate that public health improves (author)

  14. WTO kokkulepe viib piima hinna alla / Silja Lättemäe

    Index Scriptorium Estoniae

    Lättemäe, Silja, 1952-

    2005-01-01

    18. detsembril 2005. a. Hongkongis toimunud Maailma Kaubandusorganisatsiooni (WTO) tippkohtumisel saavutatud põllumajanduse-alaseid kokkuleppeid kommenteerib põllumajandusministeeriumi asekantsler Andres Oopkaup

  15. Invoking the Security Exceptions under GATT: Are Economic Sanctions Eroding the Foundation of the WTO?

    OpenAIRE

    Mustonen, Marika

    2016-01-01

    The national security exception under Article XXI of GATT is a major exception to Members’ obligations under the WTO. However, it has been claimed to be a loophole to the WTO system, and it goes beyond the principles of general international law on lawful suspension of treaty obligations. Throughout the GATT 1947 and WTO practice, from early cases to the case US – Helms-Burton regarding the U.S. embargo against Cuba, it has not yet been resolved whether Article XXI could be subject to the WTO...

  16. MECHANISMS OF DOMESTIC FOOD SUPPORT IN THE WTO

    Directory of Open Access Journals (Sweden)

    Марина Львовна Яшина

    2014-05-01

    Full Text Available After Russia has become a member of WTO it influenced on the position of native producers and requires some supporting action from the government.The purpose of this research is to offer opportunities to support the producers and agroprocessors on the terms of WTO.The scientific importance of this research consists in proving that Russian agriculture needs government support based on the nature of market economics and theUSexample as the world’s largest agricultural producer. Practical importance consists in exploring and improving specific events that are held inUlyanovskregion on the terms of WTO’s regulations.Problems of food security are considered from the position of the unity of theory and practice based on macroeconomic and microeconomic approaches. General scientific methods of cognition and traditional methods of economic analysis are used in the article.General results of the research: opportunities to support AIC on the terms of WTO are designated; particular qualities of government support for agro producers in the USA are analyzed; types and forms of supporting native producers and agroprocessors in Ulyanovsk region are considered. Conclusion of the need of improving support of AIC in the way as native food assistance is made.DOI: http://dx.doi.org/10.12731/2218-7405-2013-9-100

  17. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    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...... 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...... studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies....

  18. Deliberative Engagement within the World Trade Organization: A Functional Substitute for Authoritative Interpretations

    DEFF Research Database (Denmark)

    Creamer, Cosette; Godzimirska, Zuzanna

    2016-01-01

    The transition from the General Agreement on Tariffs and Trade (GATT) dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) represented a notable instance of judicialization within international economic governance. Since it began ruling...... on trade conflicts in 1995, the DSM has enjoyed significantly greater independence from direct government control than its GATT predecessors. It has also exercised a greater degree of interpretive autonomy than initially intended by WTO member governments (Members). This development largely stems from...

  19. El acceso a la justicia a partir del mecanismo de solucion de controversias previsto en el TLC COL-USA / Access to justice in the Resolution of Disputes mechanism esablished in the Col-USA Free Trade Agreement

    National Research Council Canada - National Science Library

    Silvana Insignares Cera

    2015-01-01

      This paper is the result of an investigation whose main objective was to analyze the access to justice in the dispute settlement mechanism provided for in the Colombia- United States- Free Trade Agreement ( TLC COL-USA...

  20. 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.

  1. Heterogeneous trade agreements, WTO membership and international trade : an analysis using matching econometrics

    NARCIS (Netherlands)

    Kohl, Tristan; Trojanowska, Sofia

    2015-01-01

    This article explores the heterogeneous effects of trade agreements (TAs) and World Trade Organization (WTO) membership on the volume of international trade. We extend Baier and Bergstrand’s (2009a) application of matching econometrics by distinguishing between different types of TAs and WTO

  2. Analysis of Trade Before and After the WTO: A Case Study of South Asia

    Directory of Open Access Journals (Sweden)

    Rana Ejaz Ali Khan

    2009-01-01

    Full Text Available Trade stimulates economic growth as well as create employment. The basic principles (of the WTO make the system economically more efficient and cut the production and marketing costs. It gives consumers more choice, and a broader range of qualities to choose from. These are the basic benefits of world trading given by the WTO (WTO 2003. A number of studies have explained implications of the WTO with reference to developed and developing countries. How much trade has been increased by nations after the implementation of the WTO remained an ambiguous estimation. The increase in trade can result into benefits of the WTO. Generally, it is taken that developing economies have taken lesser tranche of the global trading. By applying the before-after approach we have tried to estimate that how much trade is increased in South Asian counties. How much the agriculture and industrial sectors were contributing in boosting the trade of the nations before the WTO and how it is doing after the WTO. It concluded that trade of the South Asian nations has not been increased up to the expectations that results in to low gaining of benefits from world trade.

  3. Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy

    NARCIS (Netherlands)

    Marhold, Anna

    2017-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  4. Subsidy regulation in WTO Law : Some implications for fossil fuels and renewable energy

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  5. Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy

    NARCIS (Netherlands)

    Marhold, Anna

    2018-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  6. Protection of Non-Trade Values in WTO Appellate Body Jurisprudence

    DEFF Research Database (Denmark)

    Andersen, Henrik

    2015-01-01

    The article suggests that the constitutional scope of the WTO leaves a wide space for the Appellate Body to protect non-trade values. That has, to some extent, materialized in Appellate Body practice; human health and environment are attaining general protection across the WTO treaties...

  7. The WTO ministerial conference in Seattle - results and future prospects for environmental protection; Die WTO-Ministerkonferenz in Seattle - Ergebnisse und Perspektiven fuer den Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Fuchs, P.; Pfahl, S.; Reichert, T. [AG Handel des Forums und Entwicklung im Deutschen Naturschutzring (DNR), Bonn (Germany)

    2000-10-01

    The third Ministerial Conference of the World Trade Organisation (WTO) took place in Seattle (USA) from November 30{sup th} to December 3{sup rd} 1999. WTO members failed to agree on an agenda for a new round of trade-negotiation that should also include environmental and sustainability aspects. The Seattle Ministerial Conference provoked massive protests from non-governmental organisations (NGO) dealing with environment and development issues. They see the GATT/WTO regime - and globalisation in general - as a threat to their concerns. Against this background, the study analyses possibilities for the integration of environmental and sustainability aspects into upcoming WTO-negotiations. The focus is on views and proposals from international NGOs and critical scientists. First, the study deals with current and potential future areas of conflicts between environmental and trade policies. Furthermore, the environmental aspects of trade liberalisation in specific sectors and regulatory fields are discussed, which are currently negotiated in the WTO (agriculture, services) or which should be included in further negotiations (forest products, investment, etc.). The study moves on to an account of the WTO-Conference in Seattle from an environmental perspective and demonstrate a multitude of factors contributed to the failure of the conference. (orig.) [German] Vom 30.11. bis 03.12.1999 tagte in Seattle (USA) die 3. Ministerkonferenz der Welthandelsorganisation (WTO). Sie scheiterte bei dem Versuch, eine Einigung ueber die Agenda fuer eine neue WTO-Verhandlungsrunde herbeizufuehren, die auch Umwelt- und Nachhaltigkeitsaspekte einschliessen sollte. Die Konferenz stand unter dem starken Eindruck massiver Proteste von zahlreichen Umwelt- und Entwicklungsorganisationen, die im GATT/WTO-Regime - sowie grundsaetzlich in der Globalisierung - eine Bedrohung fuer Umwelt- und Nachhaltigkeitsanliegen sehen. Vor diesem Hintergrund untersucht die Studie die Moeglichkeiten einer

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

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2017-01-01

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

  9. A trade balance

    DEFF Research Database (Denmark)

    Daugbjerg, Carsten; Kay, Adrian

    2014-01-01

    The establishment of the World Trade Organization (WTO) has been widely accepted as representing the legalisation of world trading rules. However, it is important to reflect on the limits of this legalisation thesis in terms of the interface between international and domestic policy processes....... By locating trading disputes in a political analysis of policy implementation, it is argued that it is difficult to establish conceptually how the WTO dispute settlement system could have authority separate from and above the conventional international politics of trade policy relations. Instead, the article...... argues that case outcomes should be expected to be largely the product of domestic political institutions and policy processes, and how these intersect with developments in the WTO dispute settlement system. Brief studies of the Australian government's dispute settlement strategy and two high-profile WTO...

  10. WTO ACCESSION OF BRICS COUNTRIES: THE CHINESE EXPERIENCE

    Directory of Open Access Journals (Sweden)

    I. Mikheeva

    2017-01-01

    Full Text Available The stages of reforms under the influence of requirements of the World Trade Organization are considered on the basis of an analysis of Chinese legislation. Four stages of preparation by the People’s Republic of China for accession to the WTO within which there was a transformation of the legal system of China from 1982 to 2001 are described. The sources of Chinese lawmaking are presented and systematized as the basis of the economic legislation of the PRC at the stage of preparation for inclusion of China in the WTO. Attention is drawn to the particularities of the power organization of the Chinese state, in which there is no separation of powers into three branches: legislative, executive and judicial. This, in turn, allows to mark the feature in the economic sphere of legal regulation in China connected with the existence of the rules established by the Supreme National Court as a source of law. To represent the dynamics of normativelegal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction and techniques (analysis and synthesis; as well as a special method – formally-legal. The identified course and direction of changes in legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia in the international trading community.The authors propose that the entry of China into the WTO is of interest to the BRICS countries as long as China achieves optimal utilization of the WTO’s external economic opportunities. In addition, China has established a legally solid basis for the development of market relations in the state.

  11. Multilateral environmental agreements and the WTO: Platform for mutual support

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-02-08

    The purpose of this report is to identify elements of conflict in the relation between the Multilateral Environmental Agreements (MEAs) and the World Trade Organisation (WTO). Potential modifications of the trade framework are discussed together with some indicative solutions. The trade framework should be adapted to allow more extensive and effective use of MEAs. This may be accomplished through an agreed interpretation of the exception clauses contained in Art. XX of the General Agreement on Tariffs and Trade (GATT). An interpretive agreement should include specific criteria concerning the conditions under which derogations from the main principles of GATT may apply

  12. 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.

  13. Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

    Directory of Open Access Journals (Sweden)

    Jung Woo Kwon

    2017-07-01

    Full Text Available Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

  14. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    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...

  15. 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.

  16. Learning in the WTO/DDA Negotiations?: An Experimental Study

    Directory of Open Access Journals (Sweden)

    Hankyoung Sung

    2015-09-01

    Full Text Available The purpose of this paper is to identify learning in games in experimental economic settings, and apply their results to real multilateral trade negotiations, such as the Doha Development Agenda (DDA in the World Trade Organizations (WTO. This paper argues that the structure of games including a veto player (Veto games is similar to the WTO/DDA negotiations in that the players do not possess identical power. This paper's main contribution to the literature involves showing that learning about power is dominant over learning from simple repetition in Veto games. Additionally, this paper shows that players are concerned about how much they have gained in previous games in Veto games, although their memories generally do not last beyond the next game, and thus they tend to be selfish as they have less shares. Based on these results, there is a possibility to be more generous in the distribution of benefits by allowing players without veto power to retain special rights so that they would not be totally powerless. It also shows the necessity of having "respite" in the process of negotiations and policy options for choosing partners for winning coalitions.

  17. Effects of WTO on the Textile Industry on Developing Countries

    Directory of Open Access Journals (Sweden)

    Syed Abdul Sattar Shah

    2013-07-01

    Full Text Available The current investigates the Effects of WTO on the Textile Industry on Developing Countries. Data were collected from various secondary sources and data is analyzed by using SPSS-20 version statistical software. It was revealed that WTO more industrialized countries consented to export fewer textiles while less industrialized countries enjoyed increased quotas for exporting their textiles. Bangladesh was expected to suffer the most from the ending of the MFA because it was expected to face more competition, particularly from China, it has tried to maintain its competitiveness in the post-quota era. It was further revealed that It has also been examined that all over the world textile industries are facing high inflation which is the hottest issue due to which the cost of doing business is going higher and higher day by day. The Chinese, Indian, Sri Lankan and Bangladeshi textile manufacturers are also out of those affected ones whose major issues are associated with increased cost of production. China’s dominance of the global garments trade has also been affected due to the rise in the costs of material, labour, energy, environmental protection and high interest rate. Furthermore, the environmental standard is also a barrier to many Chinese enterprises; even most of the Chinese enterprises have inputted environmental Standard.

  18. BRICS STATES IN THE GLOBAL ECONOMIC GOVERNANCE: THE WTO CASE

    Directory of Open Access Journals (Sweden)

    Aleksandra G. Koval

    2017-06-01

    Full Text Available The rise of emerging powers in the world economy has a significant impact on the transformation of global economic governance. The countries with emerging economies seek to enhance their role in international economic organizations and decision-making at the global level. The main players here are the BRICS countries. The contradictions between these countries and Western states represent a modern challenge to the functioning of the global governance. This is clearly demonstrated by the failure of the international trade negotiations under the WTO, which leads to the shift of member states’ priorities towards megaregional trade agreements and indicates the need for changes in the organization. The WTO cannot be seen today as a “rich men’s club” since emerging powers are eager to actively participate in trade negotiations, while recognizing the established rules and regulations. Despite the attempts of certain cooperation in their policies, BRICS countries differ in their trade interests. These states not only play different roles at the world markets of goods and services, but also apply various tariff and non-tariff measures. Moreover, a significant number of protectionist measures affects intra-BRICS trade. These differences complicate the cooperation of emerging powers in the international trading system and entangle the process of transformation of global economic governance.

  19. The place of the International Centre for the Settlement of Investment ...

    African Journals Online (AJOL)

    The additional facility was made available to the world in 1978 by the International Centre for the Settlement of Investment Disputes (ICSID)1. It is a detailed and extensive body of rules fashioned or tailored for proceedings that are not otherwise under the jurisdiction of ICSID. Traditionally, ICSID is “a forum for investor-state ...

  20. The Risdon Settlement.

    Science.gov (United States)

    Tasmanian Education Dept., Hobart (Australia).

    One of the key episodes in the history of the region of Australia called Tasmania is an incident known as the Risdon Massacre. In 1804 near the Risdon Settlement, a large number of aborigines were killed by settlement officials. This document invites students to investigate what really happened on the day of the Risdon massacre and in so doing,…

  1. South African family relocation disputes

    African Journals Online (AJOL)

    Wits-Admin

    . DISPUTES. W Domingo. Humpty dumpty sat on the wall, Humpty. Dumpty had a great fall all the kings horses and all the kings men couldn't put Humpty. Dumpty together again!**. 1. Introduction. "Like Humpty Dumpty a family once broken by ...

  2. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    Orning, Hans Jacob

    practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute...

  3. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    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...

  4. Disputing strategies in medieval Scandinavia

    DEFF Research Database (Denmark)

    , 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...

  5. 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 ...

  6. 29 CFR 1202.3 - Representation disputes.

    Science.gov (United States)

    2010-07-01

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

  7. NAAG Tobacco Settlement Payments

    Data.gov (United States)

    U.S. Department of Health & Human Services — 1999-2017. National Association of Attorneys General (NAAG). Policy—Tobacco Settlement Payments. The National Association of Attorneys General (NAAG) provides...

  8. Minnesota Power Settlement

    Science.gov (United States)

    EPA and DOJ announced a Clean Air Act settlement with Minnesota Power, an ALLETE company based in Duluth, that will cover its three coal-fired power plants and one biomass-and-coal-fired steam and electricity cogeneration plan

  9. NAAG Tobacco Settlement Payments

    Data.gov (United States)

    U.S. Department of Health & Human Services — 1999-2016. National Association of Attorneys General (NAAG). Policy—Tobacco Settlement Payments. The National Association of Attorneys General (NAAG) provides...

  10. PARTICULAR ASPECTS OF THE WTO MECHANISMS APPLICATION TO PROTECT THE NATIONAL ECONOMIC INTERESTS OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Ivan Us

    2016-11-01

    Full Text Available The purpose of the paper is to analyze the issue of applying by Ukraine of mechanisms developed in the legal framework by the World Trade Organization to protect the internal market in order to prepare appropriate recommendations to state power authorities empowered to carry out trade policy. Methodology. The study is based on studying the experience of Ukraine to revise its commitments on tariff lines for the first three-year period after the accession to the WTO, as well as on the analysis of the most resonant steps to protect the internal market taken by Ukraine and the consequences of these steps. Result. The issue of applying by Ukraine of tools developed by the World Trade Organization to protect the interests of national producers has been described in this article. The situation of the use by Ukraine of a right to review the conditions of membership in the WTO has been reviewed step by step starting from the studying of this issue within the country and to the statements by the Government not to use this feature. All the stages of the process of using the possibility to revise the conditions of membership in the WTO have been analyzed as well as the mistakes that led to the absence of the desired result in the end. Also, the basic tools of protection of the domestic market in the WTO system, such as anti-dumping investigation and the investigation concerning the subsidized imports has been considered The dynamics of the use of such investigations by all WTO member countries since the establishment of the WTO, with particular emphasis on the period of the financial and economic crisis of 2008-2010 has been reviewed. The number of successful investigations led to the application of certain protective measures also has been determined. The risks that arise in the absence of the Government of Ukraine steps to improve the efficiency of representation of interests in the WTO have been analyzed. Recommendations improving the use of WTO

  11. Crouching Tiger, Hidden Dragon; What Are the Consequences of China’s WTO Entry for India’s Trade?

    OpenAIRE

    International Monetary Fund

    2005-01-01

    One of the most significant recent developments in world trade has been the entry of China into the World Trade Organization (WTO). This paper examines the implications of China's WTO accession for India's trade, using both econometrics and computable general equilibrium (CGE) models. The paper analyzes how India stands to lose or gain from China's WTO entry in terms of both the direct and competitive channels.

  12. Crouching Tiger, Hidden Dragon: What Are the Consequences of China’s WTO Entry for India’s Trade?

    OpenAIRE

    Valerie Cerra; Sandra A. Rivera; Sweta C. Saxena

    2005-01-01

    One of the most significant recent developments in world trade has been the entry of China into the World Trade Organization (WTO). This paper examines the implications of China’s WTO accession for India’s trade, using both econometrics and computable general equilibrium (CGE) models. The paper analyzes how India stands to lose or gain from China’s WTO entry in terms of both the direct and competitive channels.

  13. Construction dispute research conceptualisation, avoidance and resolution

    CERN Document Server

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Sandra Fabijaniæ GAGRO

    2013-11-01

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

  15. O Uso da Mediação Administrativa na Solução de Conflitos pela Agência Nacional de Energia Elétrica / The use of administrative mediation in the settlement of disputes by the National Electric Energy Agency

    Directory of Open Access Journals (Sweden)

    Rodrigo Bandeira Silva Chaves

    2016-05-01

    Full Text Available Purpose – To present the complexity of factors that permeate the institutionalization of administrative mediation in the course of the National Electric Energy Agency - ANEEL. Methodology/approach/design – Expository and comparative approach was used, based on the analysis of the organizational structure and ANEEL regulations relating to its activity of administrative mediation, as well as other theoretical concepts and data that underlie this activity, besides the theory of regulation Responsive. Findings – The results confirmed the convenience of institutionalized administrative mediation in the ANEEL, as a way to prevent judicial conflicts among the many regulated entities, as well as providing tools for practice that favors the use of Responsive regulation by the Agency to give priority to dialogue in resolving disputes, before application of the regulatory penalties. Practical implications – Noteworthy are the benefits of administrative mediation at expanding the dialogue between the regulator and the regulated entities, the gradation of punitive regulatory process and the pacification of conflicts. Originality/value – This article is inserted in specific niche regulatory, administrative mediation conducted by ANEEL, knowledge rarely explored by other research, a fact that contributes to the legal discussion of this issue.

  16. Sustainable development and trade liberalisation: the opportunities and threat roused by the WTO

    Directory of Open Access Journals (Sweden)

    Voituriez Tancrede

    2005-03-01

    Full Text Available The entanglement of trade and sustainable development agenda raises two different and obvious concerns we would like to dwell upon. The first one basically deals with the definition of sustainable development and the fear that the concept might become looser and looser the more it pervades trade and corporate arenas. The second concern pertains to the compatibility of internationdal trade laws embodied within the WTO, with international environment and labour agreements hosted by the UN. This paper provides some argument to the debate by focusing on the implications, on these two areas of concerns, of sustainable development pervading the WTO. Our two main arguments are as follows. Firstly, the social component of sustainable development is today the poor relation of sustainable development’s inscription among the WTO objectives. Secondly, effective restrictions on trade for either health or natural resource preservation are extremely rare. Article XX of the Gatt, allowing for such a restriction (“exception” is the appropriate word, cannot be referred to as long as WTO members omit to abide to non-discriminatory principles in their trade policies. Whatever the reasons one country requests to escape WTO rules, it has to do so while treating its trading partners on the same foot. These two results may reassure those developing countries that fear a “new” or “green” protectionism (which seems more fantasized than real in so far from rich countries. Does it all suggest that WTO principle-compatible trade and sustainable trade is the same animal? The case law would rather suggest that WTO and its sustainable development objective seems more an organisation aimed at preventing countries from using sustainable development as a fallacious argument for trade restriction than an organisation dedicated to promoting sustainable trade per se.

  17. 46 CFR 205.5 - Contracts containing disputes article.

    Science.gov (United States)

    2010-10-01

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

  18. 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.

  19. THE POLEMIC OF GIVING DIRECT EFFECT OF WTO LAW AND DSB DECISION TO DOMESTIC LAW FOR INDIVIDUAL’S JUDICIAL PROTECTION

    National Research Council Canada - National Science Library

    Soeparna, Intan

    2016-01-01

    .... Nevertheless, this doctrine is intractable to imply. This article discuss the polemic of giving direct effect of WTO Law and DSB Decision to domestic law to provide judicial protection for individual who becomes victim of WTO violation conducted...

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

    Science.gov (United States)

    Caliskan, Nihat

    2009-01-01

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

  1. Judicial privilgies of Saxons in mixed disputes in Medieval Serbia

    Directory of Open Access Journals (Sweden)

    Katančević Andreja

    2015-01-01

    Full Text Available Based on the contemporary testimonies, wealth of the Serbian medieval kings was significantly increased by exploitation of number of precious metal mines that existed in their realm. Beginnings of the mine exploitation in medieval Serbia are related to the settlements of Saxon miners. Saxons were mining experts in medieval Europe who worked in distant mines far away from their homeland Saxony. They worked in this profitable mining business not only in Serbia, but also in Bohemia, Hungary (Transylvania and modern Slovakia and Bosnia. The settlement of Saxons in Serbia occurred in time of the reign of King Stefan Uros I (1234-1276. Although without preserved sources which could directly support this thesis, Serbian historiography advocates that certain privileges were granted to the Roman Catholic Saxons at the time of their migration in orthodox Serbia. It appears that these privileges included self-government, freedom of religion, and mining concessions. Also judicial privileges are often mentioned in historiography especially the right of Saxons to one half of the members of their ethnicity in judicial collegium and jury in the case of a dispute with member of another ethic group. This paper attempts to test the thesis related to composition of mixed courts and juries by applying historical method, and linguistic, systemic and historical interpretation of the sources such as King's Charters issued to Dubrovnik, Dusan's Code and Despot Stefan's Mining Code.

  2. Collapse settlement in compacted soils

    CSIR Research Space (South Africa)

    Booth, AR

    1977-01-01

    Full Text Available Research into collapse settlement in compacted soils is described, with special reference to recent cases in Southern Africa where collapse settlement occurred in road embankments following wetting of the soil. The laboratory work described...

  3. Law [Review of: World trade report 2011: the WTO and preferential trade agreements: from co-existence to coherence

    NARCIS (Netherlands)

    Mathis, J.H.

    2012-01-01

    The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential

  4. NARSINGHEN PG 97-110

    African Journals Online (AJOL)

    cistvr

    Research Journal - Volume 2 - 1999 University of Mauritius, Réduit, Mauritius. DISPUTE SETTLEMENT ... This paper probes the mechanisms of the dispute resolution process under the World Trade Organisation. (WTO) and the General ... (Hallstrom, 1994 : 15). The International Trade Organisation (ITO) proposed by the.

  5. The Settlement Utopia

    DEFF Research Database (Denmark)

    Villadsen, Kaspar

    2016-01-01

    The Settlement movement, which originated in late nineteenth-century England, was a pioneer in bettering the conditions of the working poor. It pursued the utopian project of locating ‘settlements’ within poverty-ridden neighbourhoods where respectable students should meet slum dwellers on equal...

  6. An empirical study on the effect of WTO membership on Iranian Handicraft industry: A case study of Persian carpet

    Directory of Open Access Journals (Sweden)

    Zahra Shirzour Aliabadi

    2013-05-01

    Full Text Available The world Trade Organization (WTO is one of the few organizations, which could significantly influence on foreign trade and consequently on the economic structure of the countries. There are literally different people in Iran who either encourage or discourage WTO membership. Therefore, it is important to analyze Iran’s WTO membership to empower Iranian handmade carpet in international trades and to help improvement in quality of production. The purpose of this research is to study the effects of Iran’s membership in WTO to empower this industry by performing an empirical survey among 100 experts in this industry. Findings demonstrate that access to WTO plays an important role on increasing production of handmade carpet and developing this industry. In addition, the industry needs to incorporate the recent advances on technology to ensure cost efficient production materials. The industry also needs more creative and innovative ideas due to an increase competition in handmade carpet producers from other countries.

  7. The Challenge of the GATS for Transition Economies Seeking to Join the WTO

    Directory of Open Access Journals (Sweden)

    J. Anthony VanDuzer

    2004-02-01

    Full Text Available Transition economies seeking to join the World Trade Organization (WTO face a variety of distinctive challenges relating to their prospective obligations under the General Agreement on Trade in Services (GATS. Transition economies are characterized by changing market and industry structures on the one hand, and ongoing reforms to their regulatory structures on the other. Both make it extremely difficult for transition economies to develop a position on what WTO services commitments they should undertake in their national schedules of specific commitments. Accession negotiations are further complicated by the evolving nature of GATS rules themselves and the tough negotiating stance taken by existing Members. Based on evidence from recent accessions, the effective minimum requirements relating to services for transition economies seeking to join the WTO are increasing

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

    Science.gov (United States)

    Sbarra, David A.; Emery, Robert E.

    2010-01-01

    Divorce is an inherently interpersonal experience, yet too often adults’ reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution. PMID:18266541

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

    Science.gov (United States)

    Sbarra, David A; Emery, Robert E

    2008-02-01

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

  10. Institutional Coherence between WTO and IMF: From the Perspective of the Trade Institution

    OpenAIRE

    Dukgeun Ahn

    2000-01-01

    The intertwined relationship between international financial institutions such as the IMF or the World Bank and international trade institutions such as the GATT and the WTO has become by far closer and more complex than ever. In particular, when the roles of the IMF and the World Bank have increased as a result of the recent financial and exchange crisis that swept over the substantial part of the world economy, the new Bretton Woods regime within which it now embraces the WTO has raised a s...

  11. TARGET 2 and Settlement Finality

    Directory of Open Access Journals (Sweden)

    Ivan MANGATCHEV

    2011-03-01

    Full Text Available This article examines how TARGET 2 as system implements the idea of settlement finality regulated by Directive 98/26 EC of the European parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (Settlement Finality Directive and Directive 2009/44/EC of the European parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (Directive 2009/44/EC. As the title of the arti and finality of the settlement in this system.

  12. International trade disputes in modern regulatory paradigm

    Directory of Open Access Journals (Sweden)

    Tamara Gordeeva

    2013-09-01

    Full Text Available This article studies the latest trends observed in the area of contradictory relations between countries with regard to international trade, which cause changes in the paradigm of international trade disputes. It has been found out that any state of inconsistent relations between the countries is recently characterized as a «trade war». It has been analyzed the notions of «dispute», «conflict», «war» according to international regulatory documents and determined the applicability of these terms depending on a number of criteria. It has been studied the evolution of the objects of international trade disputes since the time of ancient Greece until today, and new trends based on this have been revealed with regard to use of trade policy instruments that cause disputes between countries. Several specific examples of international trade disputes and causes of their occurrence have been considered. A quantitative analysis of international trade disputes in general and in relations between the leading countries in terms of a number of the trade disputes in which they were involved has been performed.

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

    Science.gov (United States)

    Force, Melissa K.

    2013-09-01

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

  14. Advocating of parties in administrative disputes

    Directory of Open Access Journals (Sweden)

    Lončar Zoran J.

    2015-01-01

    Full Text Available The introduction in administrative dispute a new rule, that the court in this type of legal dispute, decides on the basis of the facts established on oral and public hearing, in significant degree extent the topical issue of representation in the administrative dispute. During the first few years in work of new established Administrative Court in Republic of Serbia, jurisprudence was completely corresponded to all legal rules in advocating of the parties in this type of dispute. However, with the gradualy increasing number of oral hearings, which are still, unfortunately, exception rather than rule, we notice the existence of a certain deviation from the legal rules, which is reflected in giving opportunities Attorney's Office to represent the defendant authority as a party to the hearing, although when the subject of dispute is not violation of any property rights of the state, autonomous province or local self-government, which is primary competence of Attorney's Office. The main problem in this occurrence is that the point of representation of organs, as decision making authorities, by Attorney's Office, is in a greater protection of property interests of territorial communities, but on this way, it is only creating additional costs of an administrative dispute, which in the case of loss of the dispute, falling on the burden of the citizens as a prosecutor, and go directly to the budget of the relevant territorial community. Therefore, in order to create legal certainty and the protection of citizens property interests, it is necessary to discontinue with this practice and representation of the parties in this type of disputes start to exercise according to legal rules, which for the competent Attorney's Office provide opportunity to participate in any administrative dispute when it considers that some administrative act violated property rights and interests of some of territorial communities.

  15. Settlement patterns and sustainability

    DEFF Research Database (Denmark)

    Hendriksen, Kåre

    This paper discusses settlement patterns and sustainability. Generally urbanization is recognised as an inevitable development driven by job opportunities, better service supply, education, and health services, and it is argued that this is the main driver for centralisation. Research based...... of utilization of local resources and trade opportunities. Furthermore the growing towns are struggling with an un-sustainable economic situation manly based on public financed jobs or welfare payments and with limited export oriented value creation....

  16. The constitution of a new global regime: Higher education in the GATS/WTO framework

    NARCIS (Netherlands)

    Verger, A.; Epstein, D.; Boden, R.; Deem, R.; Rizvi, F.; Wright, S.

    2007-01-01

    The General Agreement on Trade in Services (GATS), negotiated within the World Trade Organization (WTO), has become the main instrument for the transnationalisation of higher education. It promotes trade liberalisation in services and, thereby, the consumption of distance courses and degrees in

  17. WTO oversight over bilateral agreements: from a notification to an examination process?

    DEFF Research Database (Denmark)

    Mortensen, Jens Ladefoged

    2014-01-01

    The TTIP will – like other free trade agreements (FTAs) – violate one of the cornerstones of the WTO, i.e. the Most-Favoured-Nation (MFN) principle. However, the multilateral trading system has since 1947 permitted the formation of trading blocks and preferential bilateral trading partnerships...... investigate the economic effects of the notified FTAs....

  18. FOREIGN INVESTMENTS INTO SVERDLOVSK AREA IN THE CONTEXT OF RUSSIAN CONNECTION TO WTO

    Directory of Open Access Journals (Sweden)

    L.M. Kapustina

    2005-09-01

    Full Text Available Dynamics and structure of the foreign investments involved in economy of Sverdlovsk area are analyzed in the article. Consequences of Russian connection to WTO from the view point of foreign investments volumes change are considered. Directions of multilateral regulation of investment measures on the basis of the international arrangements are certain.

  19. Viimase hetke kokkulepe päästis WTO tippkohtumise / Heiki Suurkask

    Index Scriptorium Estoniae

    Suurkask, Heiki, 1972-

    2005-01-01

    Kuigi EL-i eelarvekõnelustel Brüsselis jäeti ühine põllumajanduspoliitika puutumata, sunnib WTO tippkohtumisel Hongkongis saavutatud lepe 2013. aastast alates EL-i põllumajanduse toetamist revideerima. Lisa: Politsei vahistas 900 meeleavaldajat

  20. WTO law and economics and restrictive practices in energy trade : The case of the OPEC cartel

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on

  1. “Trade Liberalization with Chinese Characteristics”: Few Notes on PRC’s WTO Membership

    Directory of Open Access Journals (Sweden)

    Alexandru Butiseacă

    2014-06-01

    Full Text Available There is a significant amount of published empirical studies that describe the relation of the People’s Republic of China with the World Trade Organization as the vehicle through which this country has reached the goal of opening further its domestic economy by freeing its foreign trade. If those ruling the Chinese people’s destiny saw in the WTO accession, along with the acceptance of its basic rules, a path that will lead them to the benefits and opportunities offered by some sectors’ liberalization, this judgment raises several concerns. An obvious one could be: Why not doing this unilaterally? Benefits might have been consistent. Not only that this would have been much easier, if the will of the Party, but the effects of opening market to other nations, within or outside the WTO, could have spurred earlier and stronger. Noteworthy is that many much economically freer countries are not yet members of the WTO. Then, if it is considered that the accession to this organization, by the values, rules and principles that it promotes, will allow any domestic economy to thrive, why do we assist to China’s failure in fulfilling all the WTO membership criteria and in complying with all the rules? In our opinion, Chinese authorities tried to accommodate pragmatically some liberalization to inspire trustworthiness for FDI with a boost for national companies still benefiting from public support and newly opened markets, thus seeking not pure freedom, but wise access to the workings of managed world trade.

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

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2012-01-01

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

  3. Application of Environmental Conflict Resolution to Public Interest Issues in Water Disputes

    Directory of Open Access Journals (Sweden)

    Michael Jeffrey QC

    2011-10-01

    Full Text Available This article examines the role of environmental conflict resolution (ECR in the public interest issues of water disputes. The article endeavours to  illustrate the strengths and weaknesses of a range of alternative dispute resolution (ADR and negotiation approaches in the context of decision-making. Although many embrace ECR as the cheaper and more effective alternative to more formalistic and entrenched judicial processes before courts of law and quasi-judicial tribunals, the authors argue that there is an urgent need for a more critical, contextual and issue-oriented approach. In particular, the article highlights the significant difficulties associated with representing the full range of stakeholders who should be involved in an ADR process, and the lack of transparency and procedural safeguards associated with ADR in complex public interest disputes. The strength of ADR in smaller project-specific disputes involving a very limited number of stakeholders is well understood. The authors argue that ADR may have a significant role in scoping the issues and associated research as well as facilitating agreement on procedural aspects of large, complex public interest water disputes. However, ADR has severe limitations as a decision-making process. For example, water conflicts necessarily involve the concept of sustainability that in turn touches on a complex maze of social, political, economic and ecological values. The probability of reaching a mediated settlement in such a context is severely curtailed. A preferable approach may be one that is entirely transparent, capable of being both monitored and enforced, and is binding on all stakeholders whether or not they are parties to the mediation.

  4. Housing / Human Settlements Atlas series: continued support towards more sustainable human settlements

    CSIR Research Space (South Africa)

    Goss, H

    2010-09-01

    Full Text Available of current policy as it relates to the establishment of sustainable human settlements and specifically settlement locality. The objective of the Housing / Human Settlements Atlas series is to guide housing / settlement investment decisions by various...

  5. The uses of alternative dispute resolution to resolve genetic disputes. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Stein, Robert E.

    2003-01-01

    The report sets out lessons learned while carrying out the study. It concludes that genetic disputes will increase in number and that ADR processes including mediation, arbitration, the use of independent experts and court-appointed masters can be helpful in resolving them. It suggests additional effort on bioremediation, and workplace disputes and training for ADR neutrals.

  6. Ukraina on nõus WTO nimel ekspordimakse vähendama / Signe Ratso ; interv. Sirje Rank

    Index Scriptorium Estoniae

    Ratso, Signe, 1960-

    2008-01-01

    Euroopa Komisjoni kaubanduse peadirektoraadi direktor Signe Ratso vastab küsimustele Ukraina liitumise kohta WTO-ga ning Ukraina ja EL-i vabakaubanduslepingu sõlmimise kohta. Lisa: Euroopa Liit ja Ukraina

  7. Peran World Trade Organization (WTO) Dalam Penyelesaian Sengketa Perdagangan Terhadap Ekspor Apel Selandia Baru-Australia Tahun 2007

    OpenAIRE

    Rahatesa, Queenta; Pahlawan, Indra

    2017-01-01

    World Trade Organization (WTO) is an International organization that specializes in trade between countries. In 2007, the Australian government had stopped importing New Zealand apples because they had some harmful bacteria there upon New Zealand reported it to the WTO organization.The method used in this research is qualitative research. The data obtained comes from books, journals, theses, documents, articles, internet sites and other sources related to this research. The research accentuat...

  8. How could China's competition policy impact negotiations on an international framework for competition rules in the WTO?

    OpenAIRE

    Petit, Marine

    2017-01-01

    The different elements of the question are first analyzed individually. The role and the functioning of the WTO are explored in the first part. The importance of the organization in our globalized economy is highlighted, but also the crisis it is undergoing. The second part focuses on competition policies. It appears to be an important element to address in the WTO given its link with international trade. However, not much is done currently to address competition issues at international scale...

  9. 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.

  10. Integrating the European Securities Settlement

    Science.gov (United States)

    Schaper, Torsten

    The cross-border securities settlement in Europe is still said to be highly inefficient. One main reason can be seen in technical barriers between the different domestic settlement systems. Beside efforts to implement industry-specific communication standards an integration of the different settlement systems is necessary. The CSD-link model, the hub and spokes model, and the European CSD model aim to integrate European securities settlement. They have in common that they address the problem of interlinkage of national Central Securities Depositories and differ essentially in the way of achieving integration. These models are evaluated from a macro-economic perspective considering transaction costs, risks, and the integration of the cross-border securities settlement process.

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

    Directory of Open Access Journals (Sweden)

    Olga A. Abakumova

    2015-12-01

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

  12. Theoretical basis of crisis-proof management in industrial enterprises under WTO conditions

    Directory of Open Access Journals (Sweden)

    Kondrateva K.V.

    2014-09-01

    Full Text Available Economic science has not yet developed a common understanding of the essence of crisis management in the economic environment. Some authors emphasize on reducing the negative consequences of the crisis. Others urge to reflect on early diagnostics. Russia's accession to the WTO (World Trade Organization requires a new approach to the definition of crisis-proof management. Strategic nature of remedies, strengthening the company's position and competitive advantages may be the keys to success. The article examines topical approaches to crisis-proof management, discloses the problems of crisis-proof management development at industrial enterprises, and presents the author's understanding of the crisis-proof management essence and its interpretation in the new economic conditions determined by WTO rules.

  13. WTO's Most-Favored Nation (MFN Principle and North-South Trade

    Directory of Open Access Journals (Sweden)

    Hyungdo Ahn

    1998-03-01

    Full Text Available According to the Most Favored Nation Treatment of WTO, each contracting party should equally treat all the commodity and service of other parties during the international trade which means that discrimination between parties should be forbidden. On the basis of the treaty established in December 1991 between North & South Korea named, trade between North & South Korea is regarded as internal trade and is duty free. But this treaty was settled without the global agreement so other trade partners raised objection about this. This paper mainly focuses on establishing free trade agreement between North & South Korea, so that flexible project can be made for WTO rules and trade in North & South Korea to be more harmonious.

  14. Effect of NAFTA, EUMFTA and China addition to WTO on the cucumber world market

    Directory of Open Access Journals (Sweden)

    Ramon Guajardo-Quiroga

    2010-07-01

    Full Text Available This study empirically analyzed the potential effects of the complete operation of North American Free Trade Agreement (NAFTA, European Union and Mexico Free Trade Agreement (EUMFTA, and the integration of China to the World Trade Organization (WTO, on the cucumber world market. Special emphasis on the impact on Mexico was presented, from a worldwide perspective. A spatial equilibrium model with endogenous prices was constructed for this purpose. Among the findings are: (1 Mexican producers benefited from the complete implementation of NAFTA and EUMFTA. (2 The incorporation of China as a member of the WTO showed a negligible effect on the commercial flows and prices in the cucumber world market. (3 Mexican cucumber production is highly competitive, in the world market, because it has the lowest supply costs.

  15. The EU as an actor at the WTO: its strengths and weaknesses throughout history

    Directory of Open Access Journals (Sweden)

    Rosana GARCIANDÍA GARMENDIA

    2012-06-01

    Full Text Available During the last decade, many reforms took place in the European Union legal and policy framework. Some of those reforms were motivated by the participation of the European Union and its member States in the World Trade Organization. This paper aims to analyze the role of the European Union as an actor in that organization, paying special attention to its mixed legal nature – EU and Member States. With that purpose, the evolution of the relationship between the EU member States and the EU itself as simultaneous actors at the WTO is studied. The division of competences is also reviewed. Finally, the analysis of the EU position in different negotiation rounds (Uruguay, Doha for the agricultural sector is reviewed as an example of the evolution in the protection of European interests. The paper shows that some changes in the Treaty of Lisbon have strengthened the legal framework for the EU to be heard with a unique voice in the WTO

  16. Book review: Unholy trinity: The IMF, World Bank and WTO Richard Peet

    Directory of Open Access Journals (Sweden)

    M Breitenbach

    2014-05-01

    Full Text Available In this timely book Richard Peet and his team lay the foundation with an excellent analysis of the process of globalisation and the resultant emergence of the global economy. The authors are especially critical of the increasing influence of institutions like the International Monetary Fund (IMF, World Bank and World Trade Organisation (WTO on the economy and the consequences experienced by peoples, cultures and the environment. The single ideology of neo-liberalism is blamed for the undesirable outcomes. This book considers concepts of power, political interest, hegemony, discourse, responsibility and the power of practicality, in critically examining the IMF, World Bank and WTO. The conclusion is reached that “all three institutions play roles greatly different from those originally agreed to under the charters that set them up”.

  17. THE POLEMIC OF GIVING DIRECT EFFECT OF WTO LAW AND DSB DECISION TO DOMESTIC LAW FOR INDIVIDUAL’S JUDICIAL PROTECTION

    Directory of Open Access Journals (Sweden)

    Intan Soeparna

    2016-02-01

    Full Text Available The main objective of WTO Law is to accommodate individual’s right in order to obtain better benefit of international trade. However, when a government violates WTO Law, it is therefore causing deprivation of individual right itself. Direct effect seems to be a feasible doctrine to provide a judicial protection for individual, in order to rebalance the right that is violated. Nevertheless, this doctrine is intractable to imply. This article discuss the polemic of giving direct effect of WTO Law and DSB Decision to domestic law to provide judicial protection for individual who becomes victim of WTO violation conducted by government Tujuan aturan WTO adalah mengakomodasi hak individu untuk memperoleh keuntungan dalam perdagangan internasional, akan tetapi ketika pemerintahnya melanggar aturan WTO, maka akan menyebabkan pelanggaran hak. Oleh karena itu, doktrin direct effect aturan WTO dapat menjadi doktrin yang memberikan perlindungan hukum, dalam rangka menyeimbangkan hak yang dilanggar. Namun, doktrin ini sangat sulit diterapkan, oleh karena itu, artikel ini mendiskusikan polemik dalam menerapkan doktrin direct effect. Aturan WTO dan keputusan DSB agar pemerintah dapat memberikan perlindungan hukum pada individu yang menjadi korban pelanggaran aturan WTO.

  18. Stuart London's standard of living: re-examining the Settlement of Tithes of 1638 for rents, income, and poverty.

    Science.gov (United States)

    Baer, William C

    2010-01-01

    The Settlement of Tithes of 1638 can be tested for biases in its London rents. Even so, it proves to be a relatively good source for seventeenth-century London, and for calculating associated median and mean rents, as well as a Gini coefficient of inequality for the distribution of resources. Through other evidence in the Settlement, rent/income ratios for London can be approximated, and from them estimates made of London's median income. Median rents and income also allow estimates of the percentage of Londoners in poverty. Though the last is inevitably disputable, the estimate holds up well to testing by other evidence.

  19. The WTO's telecommunications commitments and the credibility of telecommunications regulatory reforms in small island developing states

    OpenAIRE

    'Ofa, Siope Vakataki

    2009-01-01

    Telecommunications regulatory reform is a recent phenomenon in small island developing states, including in five Pacific island states in the past five years. Opportunities for regulatory capture exist when independent regulators are vulnerable to political pressure. There is therefore a case for external multilateral policy restraint to deter policymakers from reneging on policies. This study estimates the impact of the telecommunications commitments of the WTO on a panel data set of 160 ...

  20. Non-State Global Standard Setting and the WTO: Legitimacy and the Need for Regulatory Space

    OpenAIRE

    Steven Bernstein; Erin Hannah

    2008-01-01

    The proliferation of transnational social and environmental standards developed by non-state governance systems potentially poses a challenge to international trade law and the legitimacy of the World Trade Organization (WTO). These systems in areas including forestry, apparel, tourism, labour practices, agriculture, fisheries, and food operate largely independently of states as well as of traditional standard setting bodies such as the International Organization for Standardization. In lieu ...

  1. Noncompliance, renegotiation, and justice in international adjudication: A WTO-EU perspective

    OpenAIRE

    Shlomo-Agon, Sivan

    2015-01-01

    Focusing on the expanding realm of international adjudication, this paper approaches justice from the domain of the empirical and shows -through a careful, interview-based case-study analysis in the WTO-EU context- that justice in the transnational context is not only a contested concept, but also a multi-faceted one, deeply embedded in notions such as the rule of law, fairness, equality, transformation, and cooperation. Whereas in the past, the primary, if not the sole role of international ...

  2. THE IMPACT OF CHINA´S ACCESSION TO WTO ON THE EXPORTS OF DEVELOPING COUNTRIES

    OpenAIRE

    S.M. SHAFAEDDIN

    2002-01-01

    Using the "revealed competitive advantage indices" for exports and imports, the paper is devoted to the analyses of the vulnerability of selected developing countries if China´s competitive position is improved due to its entry to WTO. In contrast to the existing literature which concentrates on labour-intensive products as a group, this paper considers products at a disaggregate level since products in the same group are not often homogeneous. In labour-intensive manufactured goods, China co...

  3. Retlig beskyttelse mod salmonella i et EU- og WTO-retligt perspektiv

    DEFF Research Database (Denmark)

    2011-01-01

    This article addresses the legal approach to the risk of salmonella infections on the complex interaction between EU Law and international law. It is examined how the latitude of individual states to adopt national food safety measures is restricted by both EU Law and WTO Law. The specific issue...... of protection against salmonella also serves as illustration of the difficult balancing of the interests of high level of food safety and the free movement of goods....

  4. Supply chains, mega-regionals and multilateralism : a road map for the WTO

    OpenAIRE

    HOEKMAN, Bernard M.

    2014-01-01

    With the WTO trade talks deadlocked since 2008, the US and EU are turning towards preferential trade agreements. But these leave out the planet’s more dynamic traders – including large emerging economies such as China, India and Brazil – so such agreements can only have a relatively small positive impact. From a world welfare perspective, deals to further integrate markets need to be multilateral. The challenge is how to get there. This study considers alternative ways forward and proposes sp...

  5. Fortified settlement Veletin

    Directory of Open Access Journals (Sweden)

    Jovanović Vojislav S.

    2003-01-01

    Full Text Available Remnants of the fortified settlement Veletin are located on a hill of the same name (map marking 969 near the small town Janjevo, in the vicinity of the Monastery Gračanica in Kosovo, in a region rich in metal ore (pic. 1-3. Veletin is mentioned for the first time as a landmark in King Milutin’s charter for the Monastery Gračanica issued in 1321. Namely, the boundary of villages donated to the monastery ran "from Oštri vrh on Veletjen between Sušica and between Gušterica". Villages of Sušica and Gušterica still exist under the same names. The mentioned Veletin refers to the hill with a fortified settlement or fortress at the top. In the past the hill and the fortress were for a long time a characteristic part of the historical landscape. Thanks to its favourable geostrategic position, vicinity of important roads and above all to the nearness of rich silver mines, the hill of Veletin was settled and fortified in pre-historic time, then in antiquity and in the middle ages. It is supposed that the Roman town Ulpiana (Justiniana Secunda, near the Monastery Gračanica, developed because of the vicinity of silver mines and that as a municipium became a center of administration of Janjevo - Novo Brdo metals in the II c. Mining reached its peak in this area only in the first half of the XV c., during the reign of Serbian despots. When this part of Serbia fell under Turkish rule in 1455, mining began to decline. In 1488, during the reign of Sultan Bajazet II, special regulations were made for the organization of work in Janjevo silver mines, which testify about their importance. It is hard to form an opinion about the appearance of Veletin at the time the Gračanica Charter was issued. Mining was growing at that time and it is possible that there was a fortress with a small crew to protect Janjevo and other nearby mining settlements. Veletin is explicitly mentioned as a fortress only in three cartographic sources of a later date. The first was

  6. General Principles of the WTO and European Community Laws in Building International Competition Norms

    Directory of Open Access Journals (Sweden)

    Chan Mo Chung

    2002-12-01

    Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

  7. The utility of the rescission clause in the settlement of disputes arising from international trade contracts

    National Research Council Canada - National Science Library

    Oana Barbulescu

    2015-01-01

    ... to punishing in the most effective way the failure of the obligation by the borrower reveals the necessity to introduce the rescission clause in international commercial contracts governed by a foreign law...

  8. Legal Statement on Investment Protection and Investor-State Dispute Settlement Mechanisms in TTIP and CETA

    DEFF Research Database (Denmark)

    Savin, Andrej; Trzaskowski, Jan

    2016-01-01

    the fundamental legal issues within these mechanisms and explains how they pose grave threats to public interest, democratic principles and state budgets. Authors: Prof. Anneli Albi, University of Kent Prof. Diamond Ashiagbor, University of London Prof. Dr. Antoine Bailleux, Université Saint-Louis – Bruxelles Dr...

  9. [How dentists experience legal disputes with their patients - a qualitative approach].

    Science.gov (United States)

    Reiß, W; Dick, M; Walther, W; Brauer, H U

    2013-05-01

    A well-established doctor-patient relationship is essential for dental care. Once ­there is a legal dispute between the dentist and the patient this doctor-patient relationship has failed. Here we show for the first time how dentists experience these lawsuits. We characterise the dentist's perspectives and investigate their influence on the doctor-patient relationship. The experience of dentists who were involved in a legal dispute due to a failed dental treatment is pictured in a pilot study on the basis of narrative and problem-oriented interviews. The narrative part of the interview was analysed with the technique of narration analysis. The problem-oriented part of the interview was evaluated content-analytically. From these data a model describing the failure of a doctor-patient relationship was developed. Communicated burdens and stress were: expenditure of time, duration of the proceedings, financial burdens, limited support and the feeling of being treated unfairly. Consequences taken from the legal dispute were a more detailed documentation and an improvement in patient information. The conflict in the doctor-patient relationship is transformed to a different platform when the legal profession is involved. This contradictory constellation leads to a break in the doctor-patient relationship. Advice for other affected colleagues is: remain calm, aim at an out of court settlement, seek advice from other colleagues and request legal advice, be proactive, avoid court litigation and in the end draw conclusions from the dispute. There is a need for a higher quality of legal dental experts. A contact platform provided by the dental profession is required for interactive collegial communication. Lawsuits in cases of a conflict between the doctor and the patient are very stressful and need an active coping management but also are a chance for the development of the individual dentist and the profession. © Georg Thieme Verlag KG Stuttgart · New York.

  10. adjudication and arbitrability of government construction disputes

    African Journals Online (AJOL)

    eliasn

    Ethiopia and the role that an adjudicator and the civil engineer play in resolv- ing construction disputes. .... administrative contract is to be determined in light of the criteria set under. Art.3132 of the Civil Code. ..... the pre-arbitral decision-making process whose non-acceptance by the parties will lead to the initiation of ...

  11. 12 CFR 334.43 - Direct disputes.

    Science.gov (United States)

    2010-01-01

    ... furnisher, such as direct disputes relating to the type of account, principal balance, scheduled payment..., as provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security... submitted on a form supplied to the consumer by, a credit repair organization, as defined in 15 U.S.C. 1679a...

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

    African Journals Online (AJOL)

    properly organised. The customary dispute resolution mechanisms are run by elders; involve reconciliation of the conflicting parties and their respective families using different customary rituals where ...... rooted in and remains relevant due to 'the participation and consensus of the community'. Similarly, the customary ...

  13. Briefing : the Eritrean-Ethiopian border dispute

    NARCIS (Netherlands)

    Abbink, G.J.

    1998-01-01

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

  14. Commission on Traditional Leadership: Disputes and Claims

    African Journals Online (AJOL)

    This article examines the practices of the Commission on Traditional Leadership: Disputes and Claims, set up under the Framework Act of 2003 to 'cleanse' the institution of traditional leadership by ridding it of the illegitimate traditional leaders installed during the colonial and homeland eras. Close analysis of the ...

  15. Intra-governmental disputes in South

    African Journals Online (AJOL)

    sanctimonious about this lacuna in the law.2. In the absence of PC 5 41(2) legislation ..... that they exist, that there is a lacuna in the law and that a couple of constructive ways of mediating those disputes exist. 66 ... The language of PC 5 125 leads, almost inexorably, to the conclusion that the Premier — along with members ...

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

    African Journals Online (AJOL)

    Popular dispute resolution mechanisms in Ethiopia: Trends, opportunities, challenges and prospects. ... Log in or Register to get access to full text downloads. ... To this effect, they have sponsored national and regional forums, conferences and workshops; established research institutions and centres as well as sponsored ...

  17. Dispute Resolution and Electoral Justice in Africa

    African Journals Online (AJOL)

    chifaou.amzat

    2017-05-19

    May 19, 2017 ... serious business when they couched the provisions in Article 49 (3) and Sec- tion 36 (2) of C.I. 75 in those mandatory terms; the duty must be obeyed to .... adjudication process should be more than a formality (Abuya n.d.). An audit of electoral disputes which included petitions on presidential elections ...

  18. 29 CFR 1440.1 - Arbitration of pesticide data disputes.

    Science.gov (United States)

    2010-07-01

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

  19. 29 CFR 5.11 - Disputes concerning payment of wages.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Ekpotuatin Charles Ariye

    2017-09-01

    Full Text Available This study focuses on the subject of the application of alternative means as a complement to the judicial, adjudication and arbitration options in the resolution of disputes/conflicts. The Nigeria-Cameroon conflict over Bakassi is used as a case in point. By blending the theoretical perspectives on the diplomacy/negotiation approach with the reality of this case it argues that the application of alternative dispute resolution mechanism, in this instance, facilitated a long lasting and negotiated settlement, which led to amicable and final resolution. With the understanding that dispute/conflict resolution seeks to find solutions acceptable to both parties to achieve peaceful coexistence, the question arises as to whether the ICJ’s ruling in itself was able to amicably resolve the dispute? What we find is that the Ruling of 2002 did not in itself lead to instant settlement, rather it drew negative responses from Nigeria, so that it took the intervention of stakeholders in the international system, especially the Western countries, and particularly the UN and its then Secretary-General, Kofi Annan, to activate the UN machinery to put in place direct bilateral talks between Nigeria and Cameroon to iron out their differences. The emergent Mixed Commission and the Greentree Agreement of 2006 ensured the achievement of reconciliation, lasting peace and final resolution along the lines of the ICJ’s Judgment of 2002.

  1. WTO Compatibility and Rules of Origin – Assessing Bilateral Trade Agreements between Latin America and East Asia WTO-Kompatibilität und Ursprungsregeln – Eine Bewertung bilateraler Freihandelsabkommen zwischen Lateinamerika und Ostasien

    Directory of Open Access Journals (Sweden)

    Howard Loewen

    2009-04-01

    Full Text Available Some theorists and practitioners argue that the stability of the global trade system is endangered by trade distorting effects of regional Free Trade Agreements. Does this also hold true for interregional FTAs? Based on criteria, such as scope, rules of origin and WTO notification, it is argued here that interregional FTAs between East Asia and Latin America do not fully confirm the distortion thesis, as the positive effects of WTO-plus elements in the examined FTAs and their positive notification record to the WTO signify. Yet, overlaps between different rules of origin may lessen the multilateral effectiveness of interregional FTAs. Einige Stimmen aus der Wissenschaft und aus der Praxis verweisen auf die Gefährdungen, die von regionalen Freihandelsabkommen auf die Stabilität des Welthandelssystems ausgehen. Lässt sich diese Einschätzung auch auf interregionale Freihandelsabkommen übertragen? In dieser Fokusanalyse wird argumentiert, dass interregionale Handelsabkommen zwischen Ostasien und Lateinamerika diese These nicht zur Gänze stützen. Während einerseits WTO-plus-Elemente in den regionalen FTAs sowie deren gute Notifikationsbilanz bei der WTO das Handelssystem zu stärken scheinen, so schwächen andererseits unterschiedliche Anwendungen von Ursprungsregelungen die multilaterale Effektivität der interregionalen Freihandelsabkommen.

  2. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    Directory of Open Access Journals (Sweden)

    Lavinia ONICA CHIPEA

    2014-03-01

    Full Text Available The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the legislative gap created by repealing Art. 76 of Law no. 168/1999 on the settlement of labor disputes, which was actually the only norm of labor law which expressly and directly referred to the amicable settlement procedure of individual labor conflicts. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, the process of specialization of labor jurisdiction in the Romanian legal system.

  3. Economic Effects of Russia’s Trade Liberalization: Russia’s WTO Accession and FTAs with EU and Korea

    Directory of Open Access Journals (Sweden)

    Chang-Soo Lee

    2008-06-01

    Full Text Available This paper estimates the economic impacts of the various liberalization scenarios of Russia (accession to the WTO, Russia-EU FTA, and Korea-Russia FTA using GTAP recursive dynamic and capital accumulation models. To compare liberalization gains from goods liberalization with those from goods-and-services liberalization, the original GTAP database is adjusted by inputting Australian sectoral indices as barriers in the service trade. The major findings and implications of this paper are as follows. First, without simultaneous improvement of market institutions, Russia's liberalization gains from its accession to the WTO are not so great. Second, the inclusion of the services sector in addition to the goods sector in the WTO liberalization scenarios does not greatly expand Russia's economic benefits from trade. This is quite different from the case of China's accession to the WTO. Third, Russia's liberalization gains from the Russia-EU FTA are not so great, either. This result is in contrast to that of CEEC's accession to the EU, where the CEEC enjoys large gaThis paper estimates the economic impacts of the various liberalization scenarios of Russia (accession to the WTO, Russia-EU FTA, and Korea-Russia FTA using GTAP recursive dynamic and capital accumulation models. To compare liberalization gains from goods liberalization with those from goods-and-services liberalization, the original GTAP database is adjusted by inputting Australian sectoral indices as barriers in the service trade. The major findings and implications of this paper are as follows. First, without simultaneous improvement of market institutions, Russia's liberalization gains from its accession to the WTO are not so great. Second, the inclusion of the services sector in addition to the goods sector in the WTO liberalization scenarios does not greatly expand Russia's economic benefits from trade. This is quite different from the case of China's accession to the WTO. Third, Russia

  4. 41 CFR 102-118.315 - What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?

    Science.gov (United States)

    2010-07-01

    ... if the TSP disputes the findings and my agency cannot resolve the dispute? 102-118.315 Section 102... agency do if the TSP disputes the findings and my agency cannot resolve the dispute? (a) If your agency is unable to resolve the disputed amount with the TSP, your agency should forward all relevant...

  5. Russia's accession to the WTO as an important factor of the country's integration into the world economy

    Directory of Open Access Journals (Sweden)

    Linetsky Alexander

    2011-12-01

    Full Text Available Russia's accession to the WTO is an efficient instrument of the country's integration into the globalized world economy. However, it can adversely affect a number of enterprises and industries within the national economy. Thus, there is a need to develop a methodology for the assessment of the preparedness for operating under WTO membership conditions, which can be practically applied in the development of measures aimed at increasing the competitiveness of economic entities. This determines the objective of the research. This article offers the author's assessment of the reasonability of Russia's accession to the WTO and suggests methodological approaches to the assessment of preparedness of the constituent entities of the Russian Federation for functioning in the new economic conditions based on the algorithm of choosing a system of indicators, as well as the organisation of enterprise monitoring according to this system, which makes it possible to formulate rational administrative decisions in order to minimise the adverse effects of Russia's accession to the WTO. The major result of the research is the conclusion that, although the objective of identifying the start position of the constituent entities before the accession to the WTO and its possible implications is quite difficult to attain, it is both theoretically and practically feasible.

  6. 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.

  7. 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.

  8. Settlement has many faces: physicians, attorneys and medical malpractice.

    Science.gov (United States)

    Peeples, R; Harris, C T; Metzloff, T B

    2000-09-01

    We conduct an analysis of the jurisdictional dispute over the management of medical malpractice lawsuits, focusing on the process through which liability is defined. We utilize a North Carolina sample of physicians who have been sued, their defense counsel, and counsel for the plaintiff in the case. A comparison of the perspectives of these three parties reveals that over half of the physicians who settle perceive themselves as not liable. Defense counsel are more adept at predicting both negotiated resolutions and whether or not money will be paid than either plaintiffs' counsel or physicians. Almost two-thirds of physicians who thought they were not liable expressed a desire for vindication. Almost half the time when the physicians denied liability money was nonetheless paid to resolve the claim. Physician responses to the outcome of their cases focus on the need for reform, especially in terms of a call for peer or expert review. We identify and discuss culture conflict between law and medicine. For lawyers "settlement" is not a negative thing, but for physicians it implies fault. We challenge existing literature which analyzes the settlement of medical malpractice claims solely in terms of rational economic models, and we argue that social psychological variables are equally important.

  9. SUSTAINABLE DEVELOPMENT OF HUMAN SETTLEMENTS

    Directory of Open Access Journals (Sweden)

    VĂDUVA MARIA

    2015-08-01

    Full Text Available The phrase "human settlements system" is a concern for researchers in various fields as geography, economics, regional planning and for those responsible for formulating and implementing spatial development policies. The research covers various aspects of human settlements and is a meeting place of many disciplines and humanities. It is natural, as human settlements, either as isolated or in territorial systems they belong, are where manifests are transformed and develop human communities and societies as a whole. Problems national system of settlements in Romania are varied and complex. The evolution and consolidation of a stable and balanced is a continuous and dynamic process that goes through a series of steps, some characterized by profound transformations that can be called critical. One such step is the present one, where the influence of the changes in the economy and social and political life, the very development of settlements, be they urban or rural, knows a turning point, a certain vulnerability when the progressive or regressive of evolution is may change at any time. Industry restructuring on the one hand and reîmproprietărirea owners, are factors that can create shock effects unchecked urban and rural areas. On the other hand the development of trade, multiplying special services, urban (banks, insurers, etc. and can foster diversity of choices population compared to a net urban areas where living conditions and financial incentives for farmers are still far to be attractive

  10. Governance, conflict and dispute resolution : introduction

    OpenAIRE

    Hout, Wil; Goulart, Pedro; Kifordu, Henry

    2011-01-01

    textabstractGovernance, Conflict and Dispute Resolution: Introduction. The last decade has been, for scholars and policy makers working on development, a decade of governance. The institutionalist wave that swept across the social sciences, as well as the attention in policy circles for the institutional determinants of growth and development, has produced a focus on governance, defined as ‘the formation and stewardship of the formal and informal rules that regulate the public realm, the aren...

  11. Alternative Dispute Resolution Series: Case Study 7

    Science.gov (United States)

    1992-01-01

    Construction, Inc. Alternative Dispute Resolution Series Case Study #7 Lawrence E. Susskind Principal Investigator Eileen Babbitt I... l For and ; - hI...and Colonel Jack LeCuyer, Sacramento District Engineer, and Leonard Brutoco, president of Brutoco, served as the chief decision- makers for the...Dennis, Chief of Construction, Operations Branch negotiated with Salata and Leonard Brutoco up until three days prior to the mediation. While the cost

  12. Assessment of the vaccine industry in Iran in context of accession to WTO: a survey study.

    Science.gov (United States)

    Hashemi Meshkini, Amir; Kebriaeezadeh, Abbas; Dinarvand, Rasoul; Nikfar, Shekoufeh; Habibzadeh, Mohammadgafar; Vazirian, Iman

    2012-08-30

    The vaccine industry is one of the most important health-related industries. It can be affected by accession to the World Trade Organization (WTO) because of probable dramatic changes in the business environment. Iran has already initiated accession negotiations. In this paper, we investigate the position of, challenges to, and opportunities for vaccine manufacturing in Iran with regard to accession to the WTO. This is a qualitative and cross sectional study. To collect information, we designed a questionnaire and interviewed some of the vaccine industry's key opinion leaders in Iran. Before the interviews were conducted, the questionnaires were sent to these individuals by email. According to the interviewees, the country's main challenges with regard to accession to the WTO are the lack of firm internal intellectual property (IP) rules, not being recognized as pre-qualified by the World Health Organization (WHO), the use of old equipment, and a lack of cooperation with global vaccine companies. Iran's local vaccine industry, with a long history and international reputation that could be used as an advantage, is faced with several challenges, such as problems with keeping up with Current Good Manufacturing Practice (cGMP), a lack of adequate and meaningful investment in research and development (R&D), and limitations on private sector participation in the production of vaccines.Gradual privatization of the industry, improved international relations, utilization of the R&D power of small hi-tech companies, consistent education of human resources, and modernization of infrastructures and equipment are among the suggested solutions.

  13. Assessment of the Vaccine Industry in Iran in Context of Accession to WTO: a Survey Study

    Directory of Open Access Journals (Sweden)

    Amir Hashemi Meshkini

    2012-08-01

    Full Text Available Background :The vaccine industry is one of the most important health-related industries. It can be affected by accession to the World Trade Organization (WTO because of probable dramatic changes in the business environment. Iran has already initiated accession negotiations. Purpose of the study In this paper, we investigate the position of, challenges to, and opportunities for vaccine manufacturing in Iran with regard to accession to the WTO. Methods:This is a qualitative and cross sectional study. To collect information, we designed a questionnaire and interviewed some of the vaccine industry's key opinion leaders in Iran. Before the interviews were conducted, the questionnaires were sent to these individuals by email. Results:According to the interviewees, the country's main challenges with regard to accession to the WTO are the lack of firm internal intellectual property (IP rules, not being recognized as pre-qualified by the World Health Organization (WHO, the use of old equipment, and a lack of cooperation with global vaccine companies. Major conclusions Iran's local vaccine industry, with a long history and international reputation that could be used as an advantage, is faced with several challenges, such as problems with keeping up with Current Good Manufacturing Practice (cGMP, a lack of adequate and meaningful investment in research and development (R&D, and limitations on private sector participation in the production of vaccines. Gradual privatization of the industry, improved international relations, utilization of the R&D power of small hi-tech companies, consistent education of human resources, and modernization of infrastructures and equipment are among the suggested solutions.

  14. Assessment of the vaccine industry in Iran in context of accession to WTO: a survey study

    Directory of Open Access Journals (Sweden)

    Hashemi Meshkini Amir

    2012-08-01

    Full Text Available Abstract Background The vaccine industry is one of the most important health-related industries. It can be affected by accession to the World Trade Organization (WTO because of probable dramatic changes in the business environment. Iran has already initiated accession negotiations. Purpose of the study In this paper, we investigate the position of, challenges to, and opportunities for vaccine manufacturing in Iran with regard to accession to the WTO. Methods This is a qualitative and cross sectional study. To collect information, we designed a questionnaire and interviewed some of the vaccine industry’s key opinion leaders in Iran. Before the interviews were conducted, the questionnaires were sent to these individuals by email. Results According to the interviewees, the country’s main challenges with regard to accession to the WTO are the lack of firm internal intellectual property (IP rules, not being recognized as pre-qualified by the World Health Organization (WHO, the use of old equipment, and a lack of cooperation with global vaccine companies. Major conclusions Iran’s local vaccine industry, with a long history and international reputation that could be used as an advantage, is faced with several challenges, such as problems with keeping up with Current Good Manufacturing Practice (cGMP, a lack of adequate and meaningful investment in research and development (R&D, and limitations on private sector participation in the production of vaccines. Gradual privatization of the industry, improved international relations, utilization of the R&D power of small hi-tech companies, consistent education of human resources, and modernization of infrastructures and equipment are among the suggested solutions.

  15. The settlement of Somali nomads.

    Science.gov (United States)

    Tsui, A O; Ragsdale, T A; Shirwa, A I

    1991-01-01

    During the April 1973-June 1975 drought in Somalia, the government settled 100,000 nomads over 5 years in 3 agricultural (Dujuma, Sablaale, and Kurtunwary) and 3 fishing settlements (Brava, Adale, and Eil). They had earlier sought relief from the drought at some 20 relief camps. In 1982, the Ministry of National Planning and the Settlement Development Agency conducted a household survey in 4 of the 6 settlements (2059 households). Considerable problems occurred during the survey thus the data must be interpreted with caution. Nevertheless this survey provided 1 of the few sources on nomadic settlement conditions. 47.5% of the population in the settlement areas were children 15 years old. Fewer middle aged men than women lived in the settlement areas (9% vs. 22%). Males tended to be more literate and/or in school than females (74% vs. 50% and 64% vs. 43% respectively). Despite the disparity, the researchers found these proportions considerable and encouraging. Women headed many households (47.25%), especially in Adale (61%). Presumedly many of the husbands returned to their pastoral ways. Other adult relatives and older children often lived in women headed households and provided support for farming, fishing, and other economic activities. Most respondents were satisfied with settled life and felt it would be permanent. Further 70-90% of respondents wanted their sons and daughters to be civil servants while 0-8% wanted them to be herders. 78-87% of respondents lost all livestock during the drought while only 2-10% acquired livestock after the drought. Since livestock provided considerable wealth in relation to incomes from agriculture and fishing and since nomads tended to be inexperienced in these new occupants, they underwent an extreme adjustment to settled life. In conclusion, the resettlement program had mixed successes.

  16. Algerian Economy and Multilateral Trading System: Why Is It So Hard to Join the WTO

    Directory of Open Access Journals (Sweden)

    Khayreddine Belaaze

    2014-08-01

    Full Text Available The main purpose of this paper is to provide a overview on different stages of the negotiations with World Trade Organization, since 1987 date of submission the application for accession, Algeria still trying to snatch accession card with minimum cost, where it tries to provide small guarantees, but some WTO members raises reservations over some issues like aspects related to investment, for example: the Rule of 49/51, and domestic component, prevention of exporting, besides the agricultural issue which takes advantage of domestic subsidies and exporting subsides, also services industry knows low degree of openness, especially In some sensitive areas such as financial services, telecommunications.

  17. TÜRKİYE’DE TOPLU İŞ UYUŞMAZLIKLARININ ÇÖZÜMÜNDE ARABULUCULUK VE UZLAŞTIRMA SİSTEMİNİN EVRİMİ VE SİSTEMİN ETKİNLİĞİNİ ARTTIRICI ÖNERİLER (EVALUTION OF MEDIATION AND CONCILIATION SYSTEM IN COLLECTIVE LABOUR DISPUTES ON TURKEY AND SOME RECOMMENDATIONS FOR ENCHANCE OF MEDIATION SETTLEMENTS

    Directory of Open Access Journals (Sweden)

    İlknur KILKIŞ

    2014-01-01

    Full Text Available ÖZ: Taraflar açısından kararların bağlayıcılığının olmadığı arabuluculuk mekanizması, toplu iş uyuşmazlıklarındaki barışçı yollardan biridir. Tarihsel süreç içinde Türkiye’de, uzlaştırma mekanizmasına yer verilmiş olsa da, genel eğilimin arabuluculuktan yana olduğu görülmektedir. Nitekim, 6356 sayılı Kanun’da da tercih arabuluculuktan yana devam etmiş, uyuşmazlığın tespiti ve arabulucu seçimi geçmişe göre sadeleştirilmiştir. Yeni kanundaki en önemli değişiklik ise, grev kararının alınmış olduğu uyuşmazlıklarda da arabuluculuk mekanizmasının kullanılabilecek olmasıdır. Tarafların arabuluculuk mekanizmasına olan “taraflar arasındaki mücadelede grev öncesi, aşılması gereken bir aşama” yönündeki algısını değiştirmek için sistemin işlevselliğinin attırılması önemli ve gereklidir. Bu çalışmada, arabuluculuk sisteminin oluşumu ile arabulucuların nitelikleri, izleyeceği stratejiler, tarafların davranışsal tepkileri ve arabuluculuk teşkilatı ile ilgili önerilerde bulunulmuştur. Önerilerin hareket noktasını, Çalışma ve Sosyal Güvenlik Bakanlığı’nda 2000–2010 yılları arasında incelenen 4 işkolundaki, 697 adet arabulucu raporları oluşturmuştur. Anahtar Kelimeler: Arabulucu, Uzlaştırma, Toplu İş Uyuşmazlığı, Barışçı Çözüm Yolları, Toplu Pazarlık. ABSTRACT: Mediation is one of the main non-binding alternative resolution methods in industrial collective disputes. Alternative dispute resolution has long-run tradition in Turkish industrial relations; otherwise mediation has been more frequently used. For instance in new regulations for collective bargaining in article of 6356 still mediation process has given priority over the other alternative methods and provides simplification process for mediation application. Also some of regulations in article of 6356 given small – scale and non-significant amendment into

  18. Prediction of embankment settlement over soft soils.

    Science.gov (United States)

    2009-06-01

    The objective of this project was to review and verify the current design procedures used by TxDOT : to estimate the total and rate of consolidation settlement in embankments constructed on soft soils. Methods : to improve the settlement predictions ...

  19. Improving settlement type classification of aerial images

    CSIR Research Space (South Africa)

    Mdakane, L

    2014-10-01

    Full Text Available (multitemporal imagery) tend to exhibit pronounced viewing- and illumination geometry effects, which result in a poor generalization performance in settlement type classification tasks. The study investigated the influence of contrast in settlement type...

  20. The Best of Both Worlds? Free Trade in Services and EU Law on Privacy and Data Protection

    NARCIS (Netherlands)

    Yakovleva, S.; Irion, K.

    2016-01-01

    The article focuses on the interplay between European Union (EU) law on privacy and data protection and international trade law, in particular the General Agreement on Trade in Services (GATS) and the WTO dispute settlement system. The argument distinguishes between the effects of international

  1. Clearing and settlement in a legal perspective

    OpenAIRE

    Andersen, Niels C.

    2004-01-01

    This paper describes how the two most important clearing and settlement systems in Denmark, VP and the Sumclearing, work in practice. Further it analyses, how the legal framework in the Securities Trading Act, STA, based on directive 98/26/EC on settlement finality in payment and securities settlement systems works in relation to the functionality of VP and the Sumclearing. The functionality for both systems encompasses net settlement (multilateral netting). The description of the two systems...

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

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2017-03-01

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

  3. Dispute Resolution and Technology: Revisiting the Justification of Conflict Management

    OpenAIRE

    Koulu, Riikka

    2016-01-01

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

  4. Prehistoric settlements in the Caribbean

    Directory of Open Access Journals (Sweden)

    Peter L. Drewett

    1997-11-01

    Full Text Available Mesoamerican archaeology has focused mainly on the ancient civilizations of the mainland, but knowledge of early settlement, society and economy in the Caribbean islands is essential for our understanding of the prehistory of the region as a whole. Institute staff and students are currently working in three islands: Puerto Rico, Tortola and Barbados.

  5. women living in informal settlements

    African Journals Online (AJOL)

    David Ofori-Adjei

    infant and child mortality having outpaced gains in rural areas over the past decades.4 At the same time, urban inequalities have increased, with large populations living in newly formed informal settlements characterized by limited access to water and sanitation infrastructure, and generally referred to as “slums”. According ...

  6. The Density of Sustainable Settlements

    DEFF Research Database (Denmark)

    Lauring, Michael; Silva, Victor; Jensen, Ole B.

    2010-01-01

    This paper is the initial result of a cross-disciplinary attempt to encircle an answer to the question of optimal densities of sustainable settlements. Urban density is an important component in the framework of sustainable development and influences not only the character and design of cities...

  7. Computer Programs for Settlement Analysis.

    Science.gov (United States)

    1980-10-01

    SETTLEMENT METHOD INDICATOR * - NO SAND LAYERS I - REVERHOFF’S METHOD I - D’APPOLOIA’S METHOD 3 - ALL THREE METHODS IOPT(7) - VERTICAL STRAIN INFLUENCE FUNCION ...NO SAND LAYERS I - CURVE 0 1 - CURVE F 3 - VERTICAL STRAIN INFLUENCE FUNCION WILL BE INPUT ROPT(S) - DATUM CONVERSION OPTION (Continued) 28 Table

  8. Monitoring informal settlements using SAR polarimetry

    CSIR Research Space (South Africa)

    Kleynhans, W

    2012-10-01

    Full Text Available The most pervasive form of land-cover change in South Africa is human settlement expansion. In many cases, new human settlements and settlement expansion are informal and occur in areas that were previously covered by natural vegetation. The spatial...

  9. Experiences of learners from informal settlements

    African Journals Online (AJOL)

    Erna Kinsey

    The purpose of this article is to describe the experiences of learners from informal settlements at predominantly Indian secondary schools in Lenasia, as well as their experiences at the informal settlements themselves. Grade 8 learners from the Thembelihle and Hospital Hill informal settlements in Lenasia, Gauteng ...

  10. WTO Agreement on Agriculture and its Implication on Rural Development Policies in Russia

    Directory of Open Access Journals (Sweden)

    Erokhin Vasily

    2014-07-01

    Full Text Available The paper aims at overview of the history and major contents of the Agreement on Agriculture of the World Trade Organization. Special attention is paid to implications of the Agreement for agricultural and trade policies in developing countries, including Russia, recently accessed the WTO. The differential treatment that developing countries receive under the agreement is investigated. The paper includes an overview of the recently adopted State Program of the Russian Federation for Development of Agriculture and Regulation of Agricultural Commodities Markets in 2013-2020. The research considers four applications of the given State Program: compliance with WTO requirements, state support of agriculture, provision of food security, and ensurance of sustainable rural development. The paper results in the conclusion that state policies in the sphere of rural development have to evolve beyond the traditional, sector-based model, with its almost exclusive focus on agriculture. Contemporary set of tools to ensure sustainable rural development should be based on the multi-sectoral strategies and programs that identify and better exploit the development potential of rural area through a variety of factors: national food security, agricultural production, liberalization of trade and foreign economic activities, support of local producers and rural households, rural infrastructure, environmental and recreational potential.

  11. Addressing Parenting Disputes Between Estranged Parents Through Community Mediation

    National Research Council Canada - National Science Library

    Palihapitiya, Madhawa; Eisenkraft, Kaila Obstfeld

    2014-01-01

    .... The present study addressed the question whether parents engaged in parenting disputes generated by divorce or separation received the promised benefits of mediation when services were delivered...

  12. Long-run impacts of China's WTO accession on farm-nonfarm income inequality and rural poverty

    OpenAIRE

    Anderson, Kym; Huang, Jikun; Ianchovichina, Elena

    2003-01-01

    Many fear China's accession to the World Trade Organization (WTO) will impoverish its rural people by way of greater import competition in its agricultural markets. Anderson, Huang, and Ianchovichina explore that possibility bearing in mind that, even if producer prices of some (land-intensive) farm products fall, prices of other (labor-intensive) farm products could rise. Also, the remova...

  13. 78 FR 49789 - Request for Comments and Notice of Public Hearing Concerning Russia's Implementation of Its WTO...

    Science.gov (United States)

    2013-08-15

    ... Russia, the United States and Russia both filed letters with the WTO withdrawing their notices of non... hearing will continue on the next business day. Persons wishing to testify at the hearing must provide... submitted electronically containing business confidential information, the file name of the business...

  14. Book Review - V Pogoretskyy, Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law (Cambridge University Press, 2017)

    NARCIS (Netherlands)

    Marhold, Anna

    2017-01-01

    In Freedom of Transit and Access to Pipeline Networks under WTO Law, the author appropriately introduces the topic by stating that energy is featuring increasingly prominently as a topic in international trade law. Indeed, while being a dormant issue in the World Trade Organization (“WTO” forum for

  15. New members of the WTO : their commitments in agriculture and provisions proposed in the Doha negotiations / Lars Brink

    Index Scriptorium Estoniae

    Brink, Lars

    2004-01-01

    Ilmunud ka: Vozdeistvije protsessa VTO na selskoje hozjaistvo v ekonomitsheskihh sistemahh perehoda : 26-29 julja 2003 goda, Tallinn, Estonija : materialõ konferentsii. - Tallinn, 2004, lk. 12-39. WTO uute liikmesriikide ees seisvatest ülesannetest ja kohustustest lähtuvalt Doha arenguvooru raamleppest. Tabelid

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

    Science.gov (United States)

    Shih, Mi

    2010-01-01

    The forceful pursuit of inner-city renewal in Shanghai since the early 1990s has to a great extent achieved spatial modernization, but at the same time it has given rise to increasing conflicts over residential relocation. Using law as a prism through which to examine the dialectic relationship between renewal practices and disputed relocation, this article argues that the series of unprecedented enactments in law that have taken place during this period have both paved the way for real estate market expansion and been a significant source of relocation disputes in Shanghai. Rather than viewing law as simply given and determinate, the article traces the regulatory regime's codification of property practices as a means of actively responding to the requirements of the real estate market. Under large-scale renewal practices, residents' legal rights of "return settlement" (huiban) in inner-city areas were largely denied in the early 1990s, before being effectively abolished by the adoption of monetary compensation for displacement in the 2000s. The evolving law on property practices has greatly shaped the process of disputed relocation while simultaneously posing a potential challenge to China's use of law for market-oriented development.

  17. The problems of defending the interests of juveniles in legal cases of domestic disputes during the divorce

    Directory of Open Access Journals (Sweden)

    Terekhina S.A.

    2016-03-01

    Full Text Available In our article we analyze the problems connected to the judicial scenario of settling domestic disputes over children during the divorce and located at the interfaces between law and psychology. We examine the issues of defending rights and interests of juveniles during civil proceedings in the context of regulations of National strategy of actions in the interests of children 2012-2017. We indicate modern civil legal procedure's main peculiarities which prevent the principle of prioritizing maintenance of "the best interests of a child" from practical realization during settlements of domestic disputes. We cover the issues connected to different forms of using special knowledge in psychology during civil legal procedure in settling domestic disputes. We list difficulties which arise during practical realization of children's rights to participate in the process of making decisions which affect their interests during the divorce. We outlined steps to improve the organization of civil proceedings in the direction of creating justice which would be friendly towards children.

  18. 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

  19. Resolution of territorial disputes in international law

    Directory of Open Access Journals (Sweden)

    Tubić Bojan N.

    2015-01-01

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

  20. Alternative Dispute Resolution in Ethiopia - A Legal Framework

    African Journals Online (AJOL)

    Nekky Umera

    Abstract. Ethiopia has for centuries been using traditional methods of dispute resolution. The institutions of Gadaa among the Oromo, the. Shimagelle by the Amhara, and the other ethnic groups were used. But. Alternative Dispute Resolution has not attained any significant position of usage and acceptance in its modern ...

  1. 76 FR 2035 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-01-12

    ... International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO... also add a voluntary dispute avoidance and early resolution process. This action is necessary to ensure... intended effect of this action is to streamline and further improve the protest and dispute process. DATES...

  2. Dispute Resolution: A Review of Systems in Selected States.

    Science.gov (United States)

    Markowitz, Joy; Ahearn, Eileen; Schrag, Judy

    This report discusses findings of a study that investigated the resolution of disputes in the field of special education. Information was collected from ten states (Alabama, California, Illinois, Iowa, Maine, Massachusetts, Minnesota, Virginia, Washington, and Wyoming) on their current dispute resolution systems and from two additional states…

  3. The South China Sea Dispute : Perspective of International Law

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

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

  4. 13 CFR 130.630 - Dispute resolution procedures.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    2011-04-25

    ... of the Secretary 32 CFR Part 83 RIN 0790-AI63 Alternative Dispute Resolution (ADR) and Conflict... policy and assigns responsibilities. It establishes a framework for encouraging the expanded use of alternative means of dispute resolution and conflict management practices as an integral part of normal...

  6. China's WTO commitments in agriculture and impacts of potential OECD agricultural trade liberalizations

    DEFF Research Database (Denmark)

    Yu, Wusheng; Frandsen, Søren E.

    2005-01-01

    results depend critically on correctly representing the more complex policy measures, such as the tariff rate quotas. The negative output effects on Chinese agriculture can be alleviated/reversed if the rich OECD countries commit to reform their agriculture policies. The present paper concludes that trade...... general equilibrium simulation results show that China’s WTO commitments will lead to increased agricultural imports and slightly declined outputs in China. The resulting efficiency gains will be negated by terms-of-trade losses, leading to quantitatively small welfare impacts. Furthermore, sectoral...... liberalization should be carried out in both developing and developed countries. Reforming the latter will be particularly helpful in easing the problems facing those developing countries that are carrying out ambitious trade reforms....

  7. Environmental risk, precaution, and scientific rationality in the context of WTO/NAFTA trade rules.

    Science.gov (United States)

    Crawford-Brown, Douglas; Pauwelyn, Joost; Smith, Kelly

    2004-04-01

    This article considers the role of scientific rationality in understanding statements of risk produced by a scientific community. An argument is advanced that, while scientific rationality does impose constraints on valid scientific justifications for restrictions on products and practices, it also provides flexibility in the judgments needed to both develop and apply characterizations of risk. The implications of this flexibility for the understanding of risk estimates in WTO and NAFTA deliberations are explored, with the goal of finding an intermediate ground between the view that science unambiguously justifies or rejects a policy, and the view that science is yet another cultural tool that can be manipulated in support of any decision. The result is a proposal for a dialogical view of scientific rationality in which risk estimates are depicted as confidence distributions that follow from a structured dialogue of scientific panels focused on judgments of evidence, evidential reasoning, and epistemic analysis.

  8. WTO Accession, Foreign Bank Entry, and the Productivity of Chinese Manufacturing Firms

    DEFF Research Database (Denmark)

    Lai, Tat-kei; Qian, Zhenjie; Wang, Luhang

    2016-01-01

    with sales over 5 million RMB, we examine the relationship between foreign bank entry and the industry-level productivity growth of China’s manufacturing sector. Our empirical results suggest that (a) on average, opening up a region for foreign bank entry has no impact on aggregate productivity growth, (b......) however, industries more dependent on external finance grow faster after a region is opened up for foreign bank entry, and (c) these results are due to changes in technical efficiency rather than reallocation. Overall, this paper provides new evidence on the relationship between banking market structure......After China’s accession to the World Trade Organization (WTO) in December 2001, foreign banks are allowed to enter the Chinese banking market in phases. Using firm-level data from the National Bureau of Statistics of China which cover all state-owned and non state-owned manufacturing firms...

  9. Lessons learned from Ontario wind energy disputes

    Science.gov (United States)

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

    2016-02-01

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

  10. WTO judicial Politics and EU Trade Policy: Business Associations as Vessels of Special Interest?

    NARCIS (Netherlands)

    Poletti, A.; De Bièvre, D.; Hanegraaff, M.

    2016-01-01

    This article focuses on the effects of the WTO’s quasi-judicial system of dispute resolution on the politics of trade policy making in the European Union (EU). We argue that this institutional innovation had a systematic transformative effect on EU trade politics, creating pressures for

  11. Sustainability by means of processes in the world trade law. Environmental testing and sustainability impact testing; Nachhaltigkeit durch Verfahren im Welthandelsrecht. Umwelt- und Nachhaltigkeitspruefungen und die WTO

    Energy Technology Data Exchange (ETDEWEB)

    Gehring, M.

    2007-07-01

    The author of the contribution under consideration analyzes the correlation between commercial law and sustainable development. The author arranges the new instrument of environmental testing and sustainability impact testing of trade regulations into legal aspects and analyzes the compatibility with legal principles of the World Trade Organization (WTO) as well as their transferability on the WTO. Especially, the environmental protection and sustainability are described as elements of the precautionary principle in the world trade. The process component of the precautionary principle in the WTO law is to the fore. Furthermore, other principles are discussed such as the transparency principle and the differentiated and favoured treatment of developing countries in the WTO law. As an example, the Canadian Environmental Assessment of Trade Negotiations, the Environmental Review of Trade Agreement in the United States of America, the Environmental Assessment in the North American Free Trade Area (NAFTA) as well as the Sustainability Impact Assessment of the European Union are explained and evaluated legally. Furthermore, the author discusses the opportunities and the boundaries of the negotiability of the environmental testing and sustainability impact testing to the WTO. The author suggests a coordination mechanism at the WTO for national environmental and sustainability impact testing.

  12. Opportunities and Threats of Ukrainian Membership in WTO for Engineering under Conditions of Co-operation with EU Countries and Customs Union of Belarus, Kazakhstan and Russia

    Directory of Open Access Journals (Sweden)

    Kyzym Mykola O.

    2014-02-01

    Full Text Available The article considers consequences of the membership of Ukraine in the World Trade Organisation (WTO for the engineering industry when co-operating with the EU and CU (Customs Union of Belarus, Kazakhstan and Russia countries. It shows that, after Ukraine joined WTO, tariff rates for Ukrainian products reduced in general and liberalisation of access to the world market took place. Along with it, the internal market of Ukraine became more open for imported products. The article analyses the structure of export from Ukraine after joining WTO in the context of individual types of products. The article identifies changes that took place in the market of engineering products after Ukraine joined WTO. The article shows that by main indicators of economic security the engineering industry of Ukraine cannot be considered as stable and also that, after joining WTO, main indicators of economic security of the engineering industry of Ukraine have not improved. It analyses the structure of export and import of Ukrainian engineering products to EU, CU and other countries. It proves that the most topical for the Ukrainian engineering industry is the issue of realisation of the import-replacement potential and increase of competitiveness of domestic products. It considers the state and changes, which took place after Ukraine joined WTO, in car building. It identifies main problems of domestic car building. It analyses measures of the state programme of Ukraine on economic development.

  13. Settlement characteristics of major infrastructures in Shanghai

    Directory of Open Access Journals (Sweden)

    X. Jiao

    2015-11-01

    Full Text Available Critical infrastructures in Shanghai have undergone uneven settlement since their operation, which plays an important role in affecting the security of Shanghai. This paper, taking rail transportation as example, investigates settlement characteristics and influencing factors of this linear engineering, based on long-term settlement monitoring data. Results show that rail settlement is related to geological conditions, regional ground subsidence, surrounding construction activities and structural differences in the rail systems. In order to effectively decrease the impact of regional ground subsidence, a monitoring and early-warning mechanism for critical infrastructure is established by the administrative department and engineering operators, including monitoring network construction, settlement monitoring, information sharing, settlement warning, and so on.

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

    Science.gov (United States)

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

    2009-12-15

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

  15. Unification of roles of the World Trade Organization (WTO and International Financial Institutions (IFIs in Education: The maintenance of global neoliberal hegemony?

    Directory of Open Access Journals (Sweden)

    Anita Trisnawati Abbott

    2009-03-01

    Full Text Available Education is viewed as an instrument for development. Therein lies the importance of education for social change. It is education that makes people aware of the situation around them. Yet, in a different way, education is also an instrument to maintain hegemony. At the international level, the institutions of the World Trade Organization (WTO and the International Financial Institutions (IFIs, such as the World Bank (WB, and International Monetary Fund (IMF are crucial to the determination of the real meaning of education; whether or not education is an instrument for development for maintaining hegemony. The WTO system is arguably more than simply an international institution, but rather it is a center of hegemonic power. The emergence of neoliberalism has been accompanied by the coercion of hegemonic power that results in deleterious effects on human life. In the education sector, through the provision of the WTO General Agreement of Trade and Services (GATS, trade barriers in education are eliminated. Not only education is becoming globalized but also increasingly becoming a competitive commodity. Thus, the commodification of education means that education serves those who can afford to pay. The controversies surrounding the role of the WTO in the trade of education are significant to the debates about Neoliberal ideology and the problems of governance in the realm of globalization. These debates arise not only because of the actions of the WTO, which is deeply informed by Neoliberal ideology, but also because of the diverse beliefs about world economic governance. Not only the WTO, but also the roles of International Financial Institutions in global education revealed controversies. State intervention, for instance is minimized. Government spending in the education sector is reduced. Privatization and commercialization are encouraged. Social injustice seems to be the source of the presupposition of these controversies. This research

  16. NATURE-RURAL SETTLEMENT INTERACTIONS

    Directory of Open Access Journals (Sweden)

    Zehra Eminağaoğlu

    2006-04-01

    Full Text Available Conservation and management of natural environments are generally brought up upon adverse developments against nature in the humannature interactions. Although individual actions are often considered to be more immediate innatıre-related issuesi ecologic problems tend to spread in time and lead to reginol or even global problems. For this reason, it stands imperative that economic, ecologic and aesthetic values of the environment we live in be protected and used sustainably. Being the scene of nature and the environment landscape signifies the whole with living and nonliving entities where we live in. Dameged and destroyed landscape scenes particularly in urban areas necessitaites the reconsideration of human-nature relations and nature-frendly life style. This study investigates the rural settlements that show harmony with nature and reflects qualities of natural environments on the dwellings. Particularly, with the examples of drawing and pictures it examines the associatiation of rural settlements with nature as well as the use of the green as an occasional or spacial element.

  17. Contentious Issues Arising from Payments made in Full and Final Settlement

    Directory of Open Access Journals (Sweden)

    R Ismail

    2008-12-01

    Full Text Available Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion: Be Bop A Lula Manufacturing & Printing v Kingtex Marketing 2008 3 SA 327 (SCA. The Supreme Court of Appeal reversed the judgments of the trial court and the appeal court (full bench of the Cape Provincial Division which were in favour of the creditor. In such cases, the essential enquiry is whether an agreement of compromise exists. A transactio or compromise (in the form of a legal agreement exists where the relevant parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance. The first material enquiry in this case wherein the debtor delivered the cheque payment to the creditor (in full and final settlement of the account, is whether 1 an intended offer of compromise exists; or 2 did the debtor merely intend to make payment towards an admitted liability. The court in the Be Bop (SCA case came to the correct finding that an offer of compromise existed. Whilst the judgment is brief, the finding itself gives practical recognition to the principle that admission of liability for a specific amount, accompanied by payment (in full and final settlement, may still be accompanied by an intended offer of compromise, instead of merely making payment towards an admission of liability.

  18. How Could Prison Products Come into the International Market? Analysis of the Consistency between WTO and ILO Rules

    Directory of Open Access Journals (Sweden)

    Xixue Shang

    2017-03-01

    Full Text Available Nowadays, in many countries, a increasing number of private companies resort to prison labor. In fact, inmates work more and more for private undertakings both inside and outside prison. In consideration of private companies generally engaged in international trade, prison labor thus participate in global supply chains. Then under such circumstances, there is a developing trend that prison economy is being marketed internationally. Nevertheless, there are some institutional barriers in international trade policies, such as WTO rules, which in principle prohibit prison labor product coming into international market. This research aims to discuss the possibility of exports of prison products in international trade market within WTO/GATT framework. In terms of prisoners’ labor rights protection, by exploring the consistency of WTO rule with ILO standard, the research intends to find the possibility of prison labor product being accepted by the international market. Feasibility analysis is developed in the research to propose constructive suggestion for an open question in the international law.

  19. EU sales ban on new cosmetics tested on animals: impact on alternative methods, WTO implications and animal welfare aspects.

    Science.gov (United States)

    Ruhdel, Irmela W

    2004-06-01

    In 1993, the European Union (EU) adopted Directive 93/35/EEC, calling for a sales ban on new cosmetic products containing ingredients tested on animals after 1 January, 1998, provided that alternative methods had been developed by then. In May 2000, for the second time, the European Commission postponed that ban. The Commission justified the repeated postponement of the sales ban by saying that no animal-free methods were available, although three in vitro methods were scientifically approved in 1997. With three years delay, these methods have been published and therefore "made available" in the EU. OECD acceptance is still awaited. Another reason for the postponement was the fear of possible World Trade Organisation (WTO) conflicts. However, according to WTO rules, the protection of public morality or animal health could justify a restriction of the free trade principle. From the animal welfare point of view, an unqualified EU sales ban, combined with an animal testing ban, would provide the incentive to further promote the development and acceptance of alternative methods and to prove that ethical standards are legitimate concerns under WTO rules.

  20. 48 CFR 249.110 - Settlement negotiation memorandum.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Settlement negotiation... Settlement negotiation memorandum. Follow the procedures at PGI 249.110 for preparation of a settlement negotiation memorandum. ...

  1. Mediation as a method of solving legal disputes

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2004-01-01

    Full Text Available Disputes in the sphere of law are solved by applying diverse court and non-court methods and techniques. Apart from traditional methods of solving disputes by sentencing, many national legal systems have also developed different alternative mechanisms for the peaceful dispute resolution (so called ADR techniques - Alternative Dispute Resolution, among which the process of mediation has a special significance. The application of mediation exists in Serbian law as well, but this method is not being used regularly. The most important reason for this is that we still haven’t obtained all the necessary organizational, functional and other conditions that would enable a practical verification of mediation’s advantages and potentials. It is not easy to predict the pace and intensity of the future work on the enhancement and affirmation of mediation in Serbian society. However, it is evident that the time of mediation is inevitably coming.

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

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

    21 avr. 2016 ... Youth violence and the shift of land disputes from rural communities into the slums of cities are the key drivers of violence and criminality in Côte d'Ivoire, according to new research.

  3. 78 FR 11109 - International Settlements Policy Reform

    Science.gov (United States)

    2013-02-15

    ... on all U.S.-international routes giving U.S. consumers competitive pricing when they make... COMMISSION 47 CFR Parts 0, 1, 43, 63 and 64 International Settlements Policy Reform AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Commission eliminates the International Settlements...

  4. Internalization, Clearing and Settlement, and Liquidity

    NARCIS (Netherlands)

    Degryse, H.A.; van Achter, M.; Wuyts, G.

    2012-01-01

    Abstract: We study the relation between liquidity in financial markets and post-trading fees (i.e. clearing and settlement fees). The clearing and settlement agent (CSD) faces different marginal costs for different types of transactions. Costs are lower for an internalized transaction, i.e. when

  5. Breaking down barriers to electronic claims settlement.

    Science.gov (United States)

    Carroll, Lynn

    2007-03-01

    Past attempts to transition payer and provider environments to electronic claims settlements have faced several obstacles. However, technological advances, the development of more secure databases, bank-independent approaches to electronic funds transfer and electronic remittance advice, and the availability of secure archives are now making electronic settlement increasingly practical, cost-effective, and attainable.

  6. Justice dispensation through the alternative dispute resolution system in India

    OpenAIRE

    Krishna Agrawal

    2014-01-01

    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 middl...

  7. Settlement-Compatible Lunar Transporation

    Science.gov (United States)

    Morgenthaler, G.

    Over the past few years we have published papers in this forum identifying, characterizing and advocating settlement-compatible transportation architectures for Mars. In the present paper, we do the same for the Moon and show evolutionary potentials for growth of lunar architectures into Mars architectures of the types discussed in our previous papers. The essence of a settlement-compatible architecture is that it yields a low recurring transportation cost and that the elements of the architecture are enduring, i.e., fully reusable with lifetimes on the order of Earth-based capital investments. Our previous papers have shown that extension of human habitation to other bodies in our Solar System is probably unaffordable with any other approach. The design of a settlement-compatible architecture begins with Earth launch. In our prior papers, we simply identified the Earth launch option as a fully reusable system with roughly Shuttle (or Atlas 5 or Delta 4 or Sea Launch or Ariane 5) capability, i.e. about 20 metric t. to low Earth orbit and a payload bay of dimensions about 5 m diameter x 15 to 20 m length. This is what the commercial market needs; this is where the traffic demand is; this is approximately the design point for a next-generation (after Shuttle) reusable launch vehicle. We continue in that vein for the present paper. Human mission advocates may argue it isn't big enough; that they need 80 metric t. payload to orbit. We answer that to achieve our cost criteria, there isn't much of a choice, and that the savings in launch cost will far outweigh the added expense for on-orbit assembly. Lunar transportation is considerably less demanding than Mars transportation. The main difference is in trip time. Because lunar trips are short, the crew habitat can be small, a la the Apollo Command Module, and the propulsion system to move it is also small by comparison. We analyze and depict a lunar transportation system based on crew elements adapted from the

  8. Commuting in the settlement system of Serbia

    Directory of Open Access Journals (Sweden)

    Lukić Vesna

    2011-01-01

    Full Text Available Territorial organization of settlement system is the framework for internal migration flows. The purpose of this paper is to consider the relation between commuting and the settlement structure. Commuting patterns and characteristics of commuters in Serbia are relatively unknown and insufficiently researched, and as such, can not be adequately used in creation of development strategies and public policies which would include commuters' issues. It has been emphasized the importance of research of commuting ties between different settlements and also pointed out in which way commuting flows could be researched and analyzed by using existing sources, due to better understanding of connections between migrations and settlements. Commuting patterns of workers in Serbia and interrelations between the scope and the structure of commuting flows, as well as the type and population size of settlements in Serbia have been examined. Apart from territorial dimension of commuting phenomenon, socio-economic component of commuting population has also been considered. The use of costumised tabulations from 2002 Census have enabled us to examine all types of commuting and emphasise dominant directions of commuting flows of economically active population according to gender, level of education and sector of economic activity, within the settlement hierarchy. Workers have been classified into seven groups according to place of residence and place of work. The findings reveal there is a clear connection between the hierarchy structure and commuting patterns in Serbia. Further, we find some evidence that only 9,5% of workers - commuters have been working in the settlement of the same population size and type such as their residing settlement. Commuting flows within Serbia’s settlement system point out to certain variations when looking at individual categories of population, but it can be concluded that there is general trend of commuting "upwards" within the

  9. Settlement-Size Scaling among Prehistoric Hunter-Gatherer Settlement Systems in the New World.

    Directory of Open Access Journals (Sweden)

    W Randall Haas

    Full Text Available Settlement size predicts extreme variation in the rates and magnitudes of many social and ecological processes in human societies. Yet, the factors that drive human settlement-size variation remain poorly understood. Size variation among economically integrated settlements tends to be heavy tailed such that the smallest settlements are extremely common and the largest settlements extremely large and rare. The upper tail of this size distribution is often formalized mathematically as a power-law function. Explanations for this scaling structure in human settlement systems tend to emphasize complex socioeconomic processes including agriculture, manufacturing, and warfare-behaviors that tend to differentially nucleate and disperse populations hierarchically among settlements. But, the degree to which heavy-tailed settlement-size variation requires such complex behaviors remains unclear. By examining the settlement patterns of eight prehistoric New World hunter-gatherer settlement systems spanning three distinct environmental contexts, this analysis explores the degree to which heavy-tailed settlement-size scaling depends on the aforementioned socioeconomic complexities. Surprisingly, the analysis finds that power-law models offer plausible and parsimonious statistical descriptions of prehistoric hunter-gatherer settlement-size variation. This finding reveals that incipient forms of hierarchical settlement structure may have preceded socioeconomic complexity in human societies and points to a need for additional research to explicate how mobile foragers came to exhibit settlement patterns that are more commonly associated with hierarchical organization. We propose that hunter-gatherer mobility with preferential attachment to previously occupied locations may account for the observed structure in site-size variation.

  10. Using of Protectionism Policy Tools in the context of WTO from the Perspective of Dependency Theory

    Directory of Open Access Journals (Sweden)

    Göksel KARAŞ

    2017-12-01

    Full Text Available Since the 1980s, when neoliberal policies have been intensively implemented, the distribution of income between developed and less developed countries in the world has begun to increase inequality. There are discourses that the neoliberal view suggests that today's wealthy countries are successful with free market economics, so that all countries in the world must move to a free market economy system and that neoliberal policies are the only way for development. According to the neoliberal policy which advocates the state neutrality in the economy, the role of the state in the economy should be reduced. As a result, weakening the effectiveness of government policy-setting and implementation in the economy is intended. Thus, developed countries direct the underdeveloped or developing countries in the direction of their own interests. The result of these discourses, the theory of dependence which states that there is a relationship between developed and underdeveloped countries based on power and control, that underdevelopment of underdeveloped countries should be sought in the development process of developed countries has come out. The aim of the study is to assess the results of the use of defense measures in the trade policy implemented under the World Trade Organization (WTO, based on the assumptions of the dependency theory. When the use of defense instruments in trade policy is examined, it appears that these instruments have been effectively used by developed countries that advocate and enforce the free market economy in the world.

  11. Trade rules and exchange rate misalignments: in search for a WTO solution

    Directory of Open Access Journals (Sweden)

    Vera Thorstensen

    2014-09-01

    Full Text Available The debate on the link between trade rules and rules on exchange rates is raising the attention of experts on international trade law and economics. The main purpose of this paper is to analyze the impacts of exchange rate misalignments on tariffs as applied by the WTO - World Trade Organization. It is divided into five sections: the first one explains the methodology used to determine exchange rate misalignments and also presents its results for Brazil, U.S. and China; the second summarizes the methodology applied to calculate the impacts of exchange rate misalignments on the level of tariff protection through an exercise of "misalignment tariffication"; the third examines the effects of exchange rate variations on tariffs and their consequences for the multilateral trading system; the fourth one creates a methodology to estimate exchange rates against a currency of the World and a proposal to deal with persistent and significant misalignments related to trade rules. The conclusions are present in the last section.

  12. An adaptive paradigm for human space settlement

    Science.gov (United States)

    Smith, Cameron M.

    2016-02-01

    Because permanent space settlement will be multigenerational it will have to be viable on ecological timescales so far unfamiliar to those planning space exploration. Long-term viability will require evolutionary and adaptive planning. Adaptations in the natural world provide many lessons for such planning, but implementing these lessons will require a new, evolutionary paradigm for envisioning and carrying out Earth-independent space settlement. I describe some of these adaptive lessons and propose some cognitive shifts required to implement them in a genuinely evolutionary approach to human space settlement.

  13. The compatibility of a 'Local Content' regulation in the Renewable Energy Law with the WTO Agreement; Die Vereinbarkeit einer 'Local Content'-Regelung im EEG mit dem WTO-Recht

    Energy Technology Data Exchange (ETDEWEB)

    Buchmueller, Christian [Kanzlei Schnutenhaus und Kollegen, Berlin (Germany)

    2012-06-15

    Based on the promotion of power generation from renewable energy sources, the German Renewable Energy Law has contributed significantly to the establishment of a German solar industry. Due to the increasing international competition and the repeated lowering of tariff rates for electricity from photovoltaic systems, the German solar industry increasingly is becoming less competitive. Against this background, the uptake of a so-called local content regulation is required in the Renewable Energy Law. The contribution under consideration reports on the WTO-legal admissibility of such a regulation.

  14. Spontaneously abandoned settlements in Serbia: Part 2

    Directory of Open Access Journals (Sweden)

    Milošević Marko V.

    2011-01-01

    Full Text Available This is the second part of the article “Spontaneously abandoned settlements in Serbia”, the first part of which was published in No. 60-2 of this Journal. Geomorphological indicators pointing at unsustainability of the studied settlements are singled out. The indicators are classified as morphometric (quantitative and morphologic (qualitative. Geomorphometry has been used for determination of quantitative indicators. The coefficient of settlement isolation (Ki is defined, which is a product of road coefficient (Kr and real relative height (RRH. Morphological indicators refer to the position of a settlement on a certain geomorphological unit (ridge, valley, valley side, as well as to the geomorphological homogeneity of space, determined by geomorphological mapping. The defined indicators of unsustainability are presented in detail as a case study of the abandoned village Smilov Laz, in the municipality of Novi Pazar.

  15. Dispersed and decentralised settlement system

    Directory of Open Access Journals (Sweden)

    Andrej Černe

    2004-01-01

    Full Text Available In the process of reintegration of the urban system new settlements are emerging on theurban rim, transitional zones are reurbanised, derelict areas within the cities are being developedand degraded urban areas of derelict industrial complexes are being renaturalised. Inthe periphery combined research and production parks are being set up, in the open landscapeintegrated business, trade and recreational centres are springing up. Decentralisationand recentralisation of focal points of development accompany the contemporary processesof reurbanisation and suburbanisation – they are simultaneous and move in two-direction i.e. to and from the city. We understand them as manifestation of a dynamic balance amongcontradiction existing between the centre and the rim. Deindustrialisation and relocation ofproduction and distribution from the centres of gravity to the periphery generate extensivedegraded urban areas within cities and between the city and suburbs. The periphery is beingurbanised with the creation of new, dispersed and nonhierachical poles of development, andthe city and inner city is undergoing reurbanization. The general environmental conditionsin the city and in the countryside are being equalised, the potentials of development arebeing sought in the comparative advantages of local conditions: be it attractive urban districts,be it suburban entities or countryside areas.

  16. The Power of Law or the Law of Power? A Critique of the Liberal Approach to the Dispute Settlement Understanding

    Directory of Open Access Journals (Sweden)

    Igor Abdalla Medina de Souza

    2015-10-01

    Este artigo prove crítica da abordagem liberal em Relações Internacionais e Direito Internacional para o Entendimento para Solução de Controvérsias da Organização Mundial do Comércio. Os teóricos liberais erroneamente sustentam que a maior legalização do DSU, quando comparado ao GATT 1947, reduzirá a tendência de beneficiar países poderosos.

  17. Impact of ChinaÂ’s WTO Accession on Farm-Nonfarm Income Inequality and Rural Poverty

    OpenAIRE

    Kym Anderson; Jikun Huang; Elena Ianchovichina

    2002-01-01

    Many fear ChinaÂ’s accession to WTO will impoverish its rural people, via greater import competition in its agricultural markets. We explore that possibility bearing in mind that, even if producer prices of some (land-intensive) farm products fall, prices of other (labour-intensive) farm products could rise. Also, the removal of restrictions on exports of textiles and clothing could boost town and village enterprises, so demand for unskilled labour for non-farm work in rural areas may grow ev...

  18. China's proposing behavior in Global Governance: the cases of the WTO Doha Round negotiation and G-20 process

    Directory of Open Access Journals (Sweden)

    Hongsong Liu

    2014-01-01

    Full Text Available This article examines China's proposals on the reform of global governance, and discusses the main features of China's proposing behavior in the cases of the WTO Doha Round negotiation and G-20 Process. The main findings are: (1 in the critical junctures of global governance reform, China engaged the reform of the global governance institutions proactively, and put forward a series of reform proposals; (2 in proposing behavior, China argued the global governance institutions should be properly adjusted without intention to change the basic principles, refrained from playing a leadership role while proposing jointly with other countries, and upheld the principled idea of pro-development.

  19. THE EFFECTS OF THE WTO AND THE TTIP AGREEMENT ON THE CROATIAN ECONOMY

    Directory of Open Access Journals (Sweden)

    Ana Vizjak

    2015-12-01

    Full Text Available Immediately after becoming independent on 15 January 1991, the Republic of Croatia became a member of the IMF. Although, as a successor of the former Yugoslavia, it had full GATT membership, and thus membership in the WTO, the Croatian government did not know how to exercise its rights and therefore had to go through the entire procedure in order to access the organisation in 2000. Presently, Croatia is the 28th Member State of the EU and has scarce information about the TTIP, the effects of which will directly affect Croatia as well as all Member States. The purpose of this paper is to realistically analyse the possible effects on our economy in relation to this globally important agreement. The TTIP is a trade agreement between the EU and the USA which has an important economic and geo-strategic interest, since its role is connecting two powerful economies and their common position on the global market as well as long-term pacesetting in relation to other regions in the world, which refers to the standard and the way of doing business. Therefore, we can conclude that the long-term strategic goal is market integration and establishment of grid plans which, once established, will not be able to undergo significant changes. The aim of this paper is to examine the default hypothesis and thus establish facts in relation to trends in international trade and its adaptation to globalization and economic changes in the world as well as its impact on Croatia. The scientific methods used in this paper are methods of systematic analysis, the dialectical and logical method, mostly in the inductive-deductive combination, and vice versa. The scientific contribution is reflected in the development of scientific thought about the importance of the effects of globalization on trade and the economy in general in the world and in Croatia.

  20. 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.

  1. People's Daily and the reality of South China Sea territorial disputes

    OpenAIRE

    Kivimaki, Timo

    2015-01-01

    The article analyses the representations of the South China Sea territorial disputes in the main Chinese newspapers and analyses the rhetorical strategies used in the promotion of the Chinese official interpretation of these disputes.

  2. Seascape attributes, at different spatial scales, determine settlement and post-settlement of juvenile fish

    Science.gov (United States)

    Cuadros, Amalia; Moranta, Joan; Cardona, Luis; Thiriet, Pierre; Pastor, Jérémy; Arroyo, Nina Larissa; Cheminée, Adrien

    2017-02-01

    Concern has increased in recent decades regarding processes influencing fish juvenile density distributions; indeed, juveniles determine the replenishment of populations and their habitats are often found in shallow coastal areas, where human impacts are concentrated. We aimed to measure the relative importance of seascape attributes at various spatial scales (from seascape to microhabitat) in fish settlement and post-settlement processes. Along the coast of Minorca Island (NW Mediterranean), Diplodus sargus settlement variability was higher among the southern coast compared to the variability in the northern one. Independently of coast location, sheltered nurseries presented lower settlement intensity and recruitment levels compared to exposed ones. Such patterns suggested differential larval supply according to exposure level. Furthermore, subsequent density-dependent post-settlement mortality reduced the cove-specific variability of initial settlement. In addition, inside each cove, juveniles displayed ontogenetic changes of microhabitat use: smaller juveniles were more abundant in the most heterogeneous microhabitat. Consequently, juvenile density distributions responded to seascape attributes at different spatial scales; this suggests that both lager scale attributes and microhabitat influence both settlement and post-settlement processes, and may be limiting for recruitment. Our study demonstrated the importance of a diversified seascape to promote fish population replenishment.

  3. Transport corridors and settlements in a region. Linking settlements to public transport

    Directory of Open Access Journals (Sweden)

    Mojca Šašek Divjak

    2004-01-01

    Full Text Available The focus of the article is conditioning settlement to public transport on the regional and urban level. Similar to occurrences in Western Europe even in Slovenia strong settlement pressures and issues tied to development of suburbanisation are emerging in wider hinterlands of larger cities. In regional centres, where strong transport flows with frequent congestion happen, public transport should be the backbone of the transport system. It is important for consolidation of larger gravitation areas, especially conurbations. We can nevertheless establish that parallel to increasing use of private cars, the use of public transport is decreasing. Thus the present condition demands improvements of transport systems and suitable settlement density in conjunction with development of public transport. This can be achieved only by synergetic linking of public transport development and physical planning in a sustainable settlement system. In the Ljubljana functional region we specifically dealt with links between settlement and the regional public transport system, above all the proposed regional light-railway and tram system in the strict urban area. The decentralised denser settlement model is presented. Based on the study concerning settlement development in the railway corridors we proposed potential possibilities for denser settlement in the immediate areas of suburban railway stations in the northern part of the region, from Črnuče to Kamnik.

  4. Introduction: Current Socio-Legal Perspectives on Dispute Resolution

    Directory of Open Access Journals (Sweden)

    Luigi Cominelli

    2011-10-01

    Full Text Available In recent years, there were increasing interests in quantitative survey research on experiences of legal problems and access to justice in an unprecedented number of countries. Such survey research was initially conducted in the U.K. and the U.S. and later in Canada, New Zealand and Australia, countries with the Anglo-American legal tradition. However, a similar survey was recently carried out in the Netherlands, Japan and Hong Kong, countries of the Civil Law tradition, some of them with Asian social background. Now we have fantastic opportunities for comparative studies of civil disputes and dispute handling behavior among countries with different socio-legal backgrounds. Drawing upon these survey data, we discussed on how experiences of legal problems and occurrences of disputes differ among countries, how legal machineries are used or not used to resolve disputes, how levels of satisfaction with outcomes differ, and research designs and quantitative analytical methods for future surveys.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1941689

  5. 34 CFR 303.524 - Resolution of disputes.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Resolution of disputes. 303.524 Section 303.524 Education Regulations of the Offices of the Department of Education (Continued) OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION EARLY INTERVENTION PROGRAM FOR INFANTS AND...

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

    Science.gov (United States)

    Birnbaum, Rachel; Saini, Michael

    2012-01-01

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

  7. 45 CFR 74.91 - Alternative dispute resolution.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Alternative dispute resolution. 74.91 Section 74.91 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS...

  8. 45 CFR 74.90 - Final decisions in disputes.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Final decisions in disputes. 74.90 Section 74.90 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS...

  9. International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

    NARCIS (Netherlands)

    H. van Lith (Hélène)

    2009-01-01

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

  10. Chieftaincy Succession Dispute in N anun, N orthem Ghana ...

    African Journals Online (AJOL)

    by observing court proceedings in the Northern Regional House of Chiefs where the dispute is currently .... station, a district court, a hospital, a training college, a bank, several junior and senior high schools as well as four ... administrators, teachers, bankers and local government officials. In terms of its social structure, the ...

  11. 76 FR 64124 - Implementation of the Alternative Dispute Resolution Program

    Science.gov (United States)

    2011-10-17

    ... allegation of discrimination through mediation rather than to fully litigate the discrimination allegation or have the NRC initiate an investigation into the allegation of discrimination. Mediation is an informal... trained mediator works with the parties to help them settle their dispute. Early resolution of...

  12. 77 FR 38888 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2012-06-29

    ... Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act AGENCY: Bureau of the Public Debt... December 31, 2012, the prompt payment interest rate is 1\\3/4\\ per centum per annum. ADDRESSES: Comments or... Act, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate established...

  13. 75 FR 37881 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2010-06-30

    ... Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act AGENCY: Bureau of the Public Debt... December 31, 2010, the prompt payment interest rate is 3\\1/8\\ per centum per annum. ADDRESSES: Comments or... Act of 1982, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate...

  14. 78 FR 39063 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2013-06-28

    ... Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act AGENCY: Bureau of the Fiscal Service..., the prompt payment interest rate is 1\\3/4\\ per centum per annum. ADDRESSES: Comments or inquiries may... Act, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate established...

  15. 76 FR 38742 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2011-07-01

    ... Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act AGENCY: Bureau of the Public Debt... December 31, 2011, the prompt payment interest rate is 2\\1/2\\ per centum per annum. DATES: Effective July 1... has the authority to specify the rate by which the interest shall be computed for interest payments...

  16. 76 FR 82350 - Prompt Payment Interest Rate; Contract Disputes Act

    Science.gov (United States)

    2011-12-30

    ... Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act AGENCY: Bureau of the Public Debt... on June 30, 2012, the prompt payment interest rate is 2 per centum per annum. ADDRESSES: Comments or... Act of 1982, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate...

  17. Disputes over land and water rights in gold mining

    NARCIS (Netherlands)

    Stoltenborg, Didi; Boelens, Rutgerd

    2016-01-01

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

  18. Chieftaincy succession disputes and the challenge to traditional ...

    African Journals Online (AJOL)

    This paper examines the impact of chieftaincy succession disputes on the power and authority of traditional rulers among the Mamprusi of Northern Ghana. Using mainly participant observation, unstructured interviews and focus-group discussions, the author collected data from individuals, households and groups in ...

  19. 31 CFR 203.13 - Appeal and dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Appeal and dispute resolution. 203.13 Section 203.13 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL... Fiscal agent identified in the procedural instructions, no later than 90 calendar days after the date the...

  20. An analysis of the problems of the Labour Dispute Resolution ...

    African Journals Online (AJOL)

    An analysis of the problems of the Labour Dispute Resolution System in South Africa. H Bendeman. Abstract. No Abstract. African Journal on Conflict Resolution Vol. 6 (1) 2006: pp. 81-112. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT.

  1. Optional IDEA Alternative Dispute Resolution. inForum

    Science.gov (United States)

    Henderson, Kelly

    2008-01-01

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

  2. Variables Inducing Trade Union Disputes in Nigerian Universities ...

    African Journals Online (AJOL)

    One research question was posited from which four null hypotheses were formulated and tested. ... revealed the plausible variables inducing trade union disputes in Nigerian universities as under funding of universities, poor conditions of service of university staff and the leadership styles of some university administrators.

  3. Application of the Minitrial in Department of Defense Contract Disputes

    Science.gov (United States)

    1993-06-01

    Washington DC: George Washington University, 1986. 9. Cruikshank, Jeffrey, Susskind , Lawrence. Breaking the Impasse. New York: Rasics Books, 1987. 10. Edward...30. Riskin, Leonard L., Westbrook, James E. Dispute Resolution and Lawyers. St. Paul: West Publishing Company, 1987. 31. Sander, Frank E., Alternative

  4. 75 FR 57233 - 340B Drug Pricing Program Administrative Dispute Resolution Process

    Science.gov (United States)

    2010-09-20

    ... HUMAN SERVICES 42 CFR Chapter I 340B Drug Pricing Program Administrative Dispute Resolution Process... regulations to establish and implement an administrative dispute resolution process for the 340B Drug Pricing... should be marked ``Comments on Administrative Dispute Resolution Process'' and sent to Ms. Dorcas Ann...

  5. 41 CFR 102-118.480 - How does my agency settle disputes with a TSP?

    Science.gov (United States)

    2010-07-01

    ... settle disputes with a TSP? 102-118.480 Section 102-118.480 Public Contracts and Property Management... Claims § 102-118.480 How does my agency settle disputes with a TSP? As a part of the prepayment audit program, your agency must have a plan to resolve disputes with a TSP. This program must allow a TSP to...

  6. Settlement Prediction of Footings Using VS

    Directory of Open Access Journals (Sweden)

    Hyung Ik CHO

    2017-10-01

    Full Text Available The shear wave velocity (VS is a key parameter for estimating the deformation characteristics of soil. In order to predict the settlement of shallow footings in granular soil, the VS and the concept of Schmertmann’s framework were adopted. The VS was utilized to represent soil stiffness instead of cone tip resistance (qc because the VS can be directly related to the small-strain shear modulus. By combining the VS measured in the field and the modulus reduction curve measured in the laboratory, the deformation characteristics of soil can be reliably estimated. Vertical stress increments were determined using two different profiles of the strain influence factor (Iz proposed in Schmertmann’s method and that calculated from the theory of elasticity. The corresponding modulus variation was determined by considering the stress level and strain at each depth. This state-dependent stress-strain relationship was utilized to calculate the settlement of footings based on the theory of elasticity. To verify the developed method, geotechnical centrifuge tests were carried out. The VS profiles were measured before each loading test, and the load-settlement curves were obtained during the tests. Comparisons between the measured and estimated load-settlement curves showed that the developed method adequately predicts the settlement of footings, especially for over-consolidated ground conditions.

  7. WTO Appellate Body, Peru – Additional Duty on Imports of Certain Agriculture Products, WT/DS457/AB/R, 20 July 2015

    NARCIS (Netherlands)

    Mathis, J.

    2016-01-01

    The Peru – Agriculture Products case presents an issue of first impression for the relationship between Regional Trade Agreements (RTAs) and the World Trade Organization (WTO) and its substantive rules. While the provisions of the covered agreements cited by the complainant, Guatemala, were not

  8. Building a Political Settlement: The International Approach to Kenya’s 2008 Post-Election Crisis

    Directory of Open Access Journals (Sweden)

    Karuti Kanyinga

    2013-07-01

    Full Text Available This paper presents findings from an empirical study of the 2008 Kenyan crisis, aimed at exploring the role and effectiveness of the international development and diplomatic communities’ response. This response involved working to ameliorate the fragile political environment that followed the disputed 2007 elections. Thus, this case study was selected as an archetype to demonstrate how international actors can work cooperatively on political settlements. The key objective of this research is to analyse and share lessons about how those international actors present in Kenya engaged with the evolving political settlement to address the conflict. This study draws upon evolving political economy and political settlement debates in its analysis and uses the Organisation for Economic Co-operation and Development’s (OECD Fragile States Principles as a framework. Adopting such an analytical lens encourages examination of the multiple, context-specific underlying dynamics that influenced the role of international actors during this period of political transition. It also enables a study of the operational factors facing external actors when they attempt to work more politically, and recognition of how carefully these actors need to use the limited role they have in shaping the internal institutional arrangements and dynamics of the countries within which they work. The study’s main findings indicate that in the 2008 post-election period the international development and diplomatic communities collectively commanded substantive influence over the nature and trajectory of Kenya’s evolving political settlement. It argues that these actors enhanced their influence over many important political issues principally as a result of applying good practice in fragile situations: understanding the context, adopting a unified and legitimate stance, coordinating and collaborating closely and acting fast to prevent conflict. They also laid the foundations for

  9. Planning urban settlements for quality of life

    DEFF Research Database (Denmark)

    Boje Groth, N.; Hansen, K.E.; Björnberg, U.

    Notatet er et indlæg på den Europæiske Økonomiske Kommissions (ECE) konference om by- og regionforskning, tema II: "Research on the Quality of Life in Urban Settlements, Warszawa, maj 1976. I notatet opstilles en begrebsramme for livskvalitetsbegrebet, og man diskuterer hvorledes livskvalitetsana......Notatet er et indlæg på den Europæiske Økonomiske Kommissions (ECE) konference om by- og regionforskning, tema II: "Research on the Quality of Life in Urban Settlements, Warszawa, maj 1976. I notatet opstilles en begrebsramme for livskvalitetsbegrebet, og man diskuterer hvorledes...

  10. Some Thoughts on the Axiology and Constitutionalization of the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Bartosz Ziemblicki

    2011-06-01

    Full Text Available The rationale for the existence of the WTO is the assumption that international trade is beneficial to all parties. The theoretical justification for this assumption is the theory of comparative advantage. The WTO may also be credited with a contribution to peacekeeping and has strong doctrinal and philosophical foundations. The WTO is often accused of a bias towards exporters and failure to provide appropriate protection to other market participants. Other conflicting powers within the Organization are the supporters of free trade and fair trades. The third doctrinal tension is between the legislative and judicial powers. The Ministerial Conferences are ever more unable to make decisions and reform the WTO. At the same time a very effective dispute settlement mechanism is beginning to fill the gaps in legal texts. The WTO is often presented as an example of the ongoing process of constitutionalization of international law. The concept is difficult to define and each scholar distinguishes different characteristics. It is arguable whether the WTO is undergoing the process of constitutionalization and also whether it can be perceived as a self-contained régime. The contribution of the WTO to global governance in comparison to that of the GATT is another issue under discussion.

  11. Roma settlements as a specific part of settlement system in Slovenia

    Directory of Open Access Journals (Sweden)

    Jernej Zupančič

    2007-12-01

    Full Text Available The paper analyse the Roma-settlements as a specific phenomenon of slovene settlement system. Roma people changed their way of life from nomadism to stabile settlement very late (in aftewar period and remain some specifics in living-standard and have poor opportunities for social integration. That s why they have a lot of social problems, as well as confrontations and conflicts with local neighbours. But the situation is not perspectiveless: helped by local and national factors, some of Roma people are able to advance their standard of living, what makes, by the same time, the relations with other local population better.

  12. Dar es Salaam Land Use and Informal Settlement Data Set

    Data.gov (United States)

    National Aeronautics and Space Administration — The Dar es Salaam Land Use and Informal Settlement Data Set represents urban land use and consolidation of informal settlements for the years 1982, 1992, 1998, and...

  13. The urban features of informal settlements in Jakarta, Indonesia

    Directory of Open Access Journals (Sweden)

    Waleed Alzamil

    2017-12-01

    Full Text Available This data article contains the urban features of three informal settlements in Jakarta: A. Kampung Bandan; B. Kampung Luar Batang; And C. Kampung Muara Baru. The data describes the urban features of physical structures, infrastructures, and public services. These data include maps showing locations of these settlements, photography of urban status, and examples of urban fabric. The data are obtained from the statistical records and field surveys of three settlements cases. Keywords: Informal settlements, Physical, Features, Urban, Kampung, Jakarta, Indonesia

  14. Kenya's Experience Towards Sustainable Human Settlements ...

    African Journals Online (AJOL)

    Allthese have acted in concert to manifest dynamism in the human settlement development. ... impérieux que des actions bien articulées et proactivesen matière de planification soient officiellement décrétées pour faciliter leur validité postérieure et leur harmonieenvironnementale au sein des agglomérations humaines.

  15. Avoiding Conflict Relapse Through Inclusive Political Settlements ...

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

    States that have successfully exited violence and embarked on a process of development have often started with strong political settlements, or elite pacts. These sometimes take the form of peace agreements, or electoral coalitions. Other times, they are simply informal understandings between elites about political rules ...

  16. Directional layouts in central lowland Maya settlement

    DEFF Research Database (Denmark)

    Bevan, Andrew; Jobbová, Eva; Helmke, Christophe

    2013-01-01

    based on nearest neighbour bearings and successive grid offsets e in order to explore possible rectilinear organisation in settlement layouts despite the presence of uneven and irregular patterns of archaeological dating and recovery. The results suggest a grid-like distribution of houseplots and...

  17. Finnish wolves avoid roads and settlements

    National Research Council Canada - National Science Library

    Salla Kaartinen; Ilpo Kojola; Alfred Colpaert

    2005-01-01

    The avoidance of roads and human settlements by wolves (Canis lupus) in a harvested population was studied in boreal woodland landscapes in east-central Finland with a low density of humans (2 km-2) and roads (0.4 km/km-2...

  18. Stabilization, Extraversion and Political Settlements in Somalia

    DEFF Research Database (Denmark)

    Hagmann, Tobias

    . Rather than assuming that foreign actors are outside the local and national political settlements, such actors should rather be seen as an integral part of these processes. Consequently, the power and interests of both Somali and international actors must be taken into consideration in order...

  19. Modelling of settlement induced building damage

    NARCIS (Netherlands)

    Giardina, G.

    2013-01-01

    This thesis focuses on the modelling of settlement induced damage to masonry buildings. In densely populated areas, the need for new space is nowadays producing a rapid increment of underground excavations. Due to the construction of new metro lines, tunnelling activity in urban areas is growing.

  20. 76 FR 78977 - Real Estate Settlement Procedures Act (Regulation X)

    Science.gov (United States)

    2011-12-20

    ... December 20, 2011 Part II Bureau of Consumer Financial Protection 12 CFR Part 1024 Real Estate Settlement... RIN 3170-AA06 Real Estate Settlement Procedures Act (Regulation X) AGENCY: Bureau of Consumer... Department of Housing and Urban Development's (HUD's) rulemaking authority for the Real Estate Settlement...

  1. 7 CFR 1940.406 - Real estate settlement procedures.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 13 2010-01-01 2009-01-01 true Real estate settlement procedures. 1940.406 Section... AGRICULTURE (CONTINUED) PROGRAM REGULATIONS (CONTINUED) GENERAL Truth in Lending-Real Estate Settlement Procedures § 1940.406 Real estate settlement procedures. (a) General. This section provides the instructions...

  2. 48 CFR 49.110 - Settlement negotiation memorandum.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Settlement negotiation... CONTRACT MANAGEMENT TERMINATION OF CONTRACTS General Principles 49.110 Settlement negotiation memorandum. (a) The TCO shall, at the conclusion of negotiations, prepare a settlement negotiation memorandum...

  3. Infrastructure Provision and Classification of Rural Settlements in ...

    African Journals Online (AJOL)

    This study classifies the selected rural settlements on the basis of available infrastructure .To achieve this aim, 22 rural settlements were randomly selected. The cluster analysis was applied on the data in order to group the rural settlements on the basis of their infrastructure profiles. Thus the hierarchical method of cluster ...

  4. 47 CFR 3.11 - Location of settlement operation.

    Science.gov (United States)

    2010-10-01

    ... of settlement operation. (a) Within the United States. A certified accounting authority maintaining all settlement operations, as well as associated documentation, within the United States will be... 47 Telecommunication 1 2010-10-01 2010-10-01 false Location of settlement operation. 3.11 Section...

  5. 47 CFR 3.50 - Retention of settlement records.

    Science.gov (United States)

    2010-10-01

    ... ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Settlement Operations § 3.50 Retention of settlement records. Accounting authorities must maintain, for the purpose of compliance with... 47 Telecommunication 1 2010-10-01 2010-10-01 false Retention of settlement records. 3.50 Section 3...

  6. 24 CFR 3500.9 - Reproduction of settlement statements.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Reproduction of settlement... HOUSING AND URBAN DEVELOPMENT REAL ESTATE SETTLEMENT PROCEDURES ACT § 3500.9 Reproduction of settlement... in sections F and H, respectively. (3) Reproduction of the HUD-1 must conform to the terminology...

  7. A COMPARATIVE ANALYSIS OF DISPUTE RESOLUTION DYNAMICS IN ASIA

    Directory of Open Access Journals (Sweden)

    Pawel Voronin

    2014-01-01

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

  8. Toxic disputes and the rise of environmental justice in Australia.

    Science.gov (United States)

    Lloyd-Smith, Mariann E; Bell, Lee

    2003-01-01

    The paper examines the rise of environmental justice issues in Australia, evident in two toxic disputes; the first, in a Perth outer suburb in Western Australia where residents faced both a hazardous waste dump and the nation's biggest chemical fire; and the second, in the Sydney suburb of Botany where residents were confronted with the destruction of what is thought to be, the world's largest stockpile of hazardous hexachlorobenzene (HCB) waste. The paper reviews the range of factors that impacted the local communities' fight for environmental justice. It explores the limitations of risk assessment and risk-based policies, as well as the problematic role of the expert and the communication of risk. The informational inequity and resource disparities so evident in toxic disputes are highlighted. The case studies confirmed the inequitable distribution of chemical risk as a failure to secure environmental justice for all Australians.

  9. Book Review: Dispute Resolution and e-Discovery

    Directory of Open Access Journals (Sweden)

    Milton Luoma

    2012-09-01

    Full Text Available Garrie, D.B., & Griver, Y.M., Eds. (2012. Dispute Resolution and e-Discovery. Thomson Reuters Westlaw, 570 pages, ISBN-13: 9780314604484, US$149.00.Reviewed by Milton Luoma, JD, (Milt.Luoma@metrostate.eduAs is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.(see PDF for full review

  10. THE CULTURE OF SETTLEMENT AREAS IN SLOVENIA

    Directory of Open Access Journals (Sweden)

    Urša Suhadolnik Vovko

    2013-01-01

    Full Text Available To study and grasp the contemporary rural areas in Slovenia, the students of the Faculty of Architecture carried out a public opinion survey on the subject of the culture of settlement areas, with a particular reference to the visual image of the experiential space of the settlements. Today, human needs and living values are an integral part of all documents, as they represent the starting-point of designing new concepts of living. Personal quality of living is explained by Mandič [1999] through the use of Allard's classification of human needs; however, Mercer's Quality of Living ranking is often used to measure the quality of the living environmentThe paper represents the results of the study, which included two target groups: The experts in spatial management and planning employed at municipal administrative offices; and the senior years’ students at the Faculty of Architecture of the University of Ljubljana. The study represented here addressed the values of the living environment. The study was triggered by the 'colourfulness' that knows no limits in Slovenia. Putting the everyday indignation over the variety of all possible shades aside, it has become evident that the tiny elements that are also destroying the image of our settlements are all too often neglected: billboards, log cabins complementing garages and decorative elements, stalls during celebrations and fairs, fountains, monuments, mix of exotic plants, the Snow White and the Seven Dwarfs etc. The study included a survey to obtain a more objective approach to the studying of the quality from the viewpoints of the changing living culture and the use of communal external space in Slovenian settlements. The key question that resonated in most of other questions was: What would improve the quality of life in the settlement?

  11. Beaches of the Future: Analyzing Territorial Disputes in South America

    Science.gov (United States)

    2016-09-01

    politica /gobierno/mora-peru-tenercapacidad-disuasiva-afrontar-fallo-haya- noticia-944331. 288 “Bachelet: Maritime dispute must not affect Peru...Agenda of the 13 Points of Chile and Bolivia Look to Regain?),” La Tercera Política (blog), January 29, 2015, http://www.latercera.com/noticia/ politica ...2016. http://elcomercio.pe/ politica /gobierno/mora-peru-tenercapacidad-disuasiva- afrontar-fallo-haya-noticia-944331. El Día. “Bolivia y Chile

  12. 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.

  13. Territorial Disputes in Spratly: An Assessment of the Philippine Initiatives

    Science.gov (United States)

    2013-03-01

    claim over the KIG was first made in 1956 by Tomas Cloma who called the islands “Freedomland”. The sovereignty of the Philippines over KIG rests...2011. Another Hamilton cutter is expected to be turned over to the Philippines by the U.S. government in 2013.39 President Aquino , in his 2012 state...to internationalize” the dispute was openly refuted by President Aquino .53 The failure of the regional bloc to make a common stand on the South

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

    Directory of Open Access Journals (Sweden)

    Gemma Smyth

    2009-02-01

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

  15. Reforming the Multilateral Decision-making Mechanism of the WTO: What is the Role of Emerging Economies?

    Directory of Open Access Journals (Sweden)

    Amos Saurombe

    2013-12-01

    Full Text Available The paper focuses on the future of global economic governance in the light of the current state of multilateral trade negotiations. The aim is to analyse identified key historical issues at the heart of the decision-making system of the World Trade Organization (WTO. The current and ongoing Doha Round of trade negotiations and the multilateral system reflect inequalities that still prevail in the global trade architecture. Is there a need for a paradigm shift? The paper will provide recommendations on how reform of the multilateral decision-making structures should focus on promoting the interests of developing countries that have historically been marginalised. Developing countries, like those making up BRICS, stand ready to contribute to the construction of a new international architecture, to bring the voices of the south together on global issues and to deepen their ties in various areas.

  16. Improvement of state regulation of the agrarian sector of the sub-arctic and arctic areas under the WTO membership

    Directory of Open Access Journals (Sweden)

    Valentin Aleksandrovich Ivanov

    2015-01-01

    Full Text Available The article substantiates the necessity to change the role of the state in technological and socio-economic development of the agricultural sector. The author considers the forms and methods of state regulation and analyses the current budget support provided to agriculture; he highlights its drawbacks with regard to sub-arctic and arctic territories of the Republic of Komi. The article shows the influence of state support on the farmers’ level of income and identifies modernization risks and threats under Russia’s WTO membership. The author proposes measures to improve state support of the agrarian sector and change the adverse conditions of its functioning. He substantiates the approach that helps improve the state regulation of the agrarian sector in the framework of regional and municipal programs for rural development

  17. 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.

  18. Addressing Parenting Disputes Between Estranged Parents Through Community Mediation

    Directory of Open Access Journals (Sweden)

    Madhawa Palihapitiya

    2014-07-01

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

  19. Page PROBLEMS OF LITIGATION IN SETTLEMENT OF MARITIME

    African Journals Online (AJOL)

    Fr. Ikenga

    2013-08-01

    Aug 1, 2013 ... activities within the sector including that relating to incoming and outgoing cargo, maritime disputes are bound to arise. Therefore, maritime transactions and consequently maritime disputes are an ever present feature of the Nigerian commercial landscape'.4 The Dollar investments in free trade zones are ...

  20. METHODOLOGY RELATED TO ESTIMATION OF INVESTMENT APPEAL OF RURAL SETTLEMENTS

    Directory of Open Access Journals (Sweden)

    A. S. Voshev

    2010-03-01

    Full Text Available Conditions for production activity vary considerably from region to region, from area to area, from settlement to settlement. In this connection, investors are challenged to choose an optimum site for a new enterprise. To make the decision, investors follow such references as: investment potential and risk level; their interrelation determines investment appeal of a country, region, area, city or rural settlement. At present Russia faces a problem of «black boxes» represented by a lot of rural settlements. No effective and suitable techniques of quantitative estimation of investment potential, rural settlement risks and systems to make the given information accessible for potential investors exist until now.

  1. EMBL pay settlement will cost millions

    CERN Multimedia

    Abott, A

    1999-01-01

    A labour dispute at EMBL, Heidelberg, was settled last week at a cost of at least DM4 million for the organisation's 16 member states. The lab has asked for clarification on whether the ruling from the IL0 refers simply to a salary adjustment from 1995 or also to a backdated implementation of higher salary scales. This second option would cost considerably more - 8 percent of the budget in back pay and DM3.5 million per annum (1/2 page).

  2. Modern Settlements in Special Needs Education

    DEFF Research Database (Denmark)

    Ratner, Helene

    2016-01-01

    . Settlements of this controversy govern whether the pupil or the educational institution becomes the main point of intervention. In Denmark, the particularities of settlements can be identified by juxtaposing the introduction of intelligence testing in the 1930s with the contemporary policy agenda of inclusion....... With intelligence testing, special needs education was to service children whose needs were seen as part of their human nature. Inclusion, in turn, assumes special needs to be stigmatizing cultural labels that need to be abandoned by changing school cultures. Drawing on actor-network theory we can approach......In the history of special needs education, the distinction between human nature and its social environment has been a controversial matter. The controversy regards whether special needs are primarily caused by the child's psycho-medical body or by cultural concepts of normality and deviance...

  3. Madrid principles of Nagorno-Karabakh settlement

    Directory of Open Access Journals (Sweden)

    K K Babayan

    2014-12-01

    Full Text Available As part of this work presents the analysis of the basic document and the legal framework of the peace settlement of the Nagorno-Karabakh conflict on the modern stage - «Madrid or Basic principles», presented to the sides of the negotiations at the OSCE ministerial conference in the Spanish capital Madrid in November 2007. The both side’s statements, international mediators and institutes form a legal background of the vector and the framework of the negotiation process. There are the fundamental differences and contradictions in the approaches of the sides of the negotiations to the «Basic principles» of the settlement in this article. The work contains a comparison of the various items and elements of the Madrid document both in relation to each other, and to the principles of international law.

  4. Research on the Starokuybyshevskoye Fortified Settlement

    Directory of Open Access Journals (Sweden)

    Gubaydullin Ayrat M.

    2012-06-01

    Full Text Available The Starokuybyshevskoye (Old-Kuybyshev fortified settlement is situated on the bank of the Bezdna river, 200 m to the northeast of Bolgar city. The site is being considerably eroded by the waters of the river and the Kuibyshev water reservoir. Currently it is situated on an island, under threat of complete destruction. In this regard, in 1946, 1987 and 1996, conservation and rescue excavations were conducted on the site. The detailed results of the 1996 studies are offered in the article. The ruins of an above-ground dwelling with an oven and three household pits were excavated. The ceramic assemblage of these structures has obvious features of the pre-Mongol Bulgar culture. In general, the findings make it possible to conclude that the settlement had existed only in the 11th through to the 13th century and that its collapse was associated with the Mongol invasion.

  5. Indonesian immigrant settlements in peninsular Malaysia.

    Science.gov (United States)

    Azizah Kassim

    2000-04-01

    For over 2 decades, until the economic crisis in mid-1997, Malaysia's rapid economic growth attracted an influx of foreign labor, mostly from Indonesia, Bangladesh, and the Philippines. In 1997 the number of registered workers was estimated at 1.2 million and undocumented ones at approximately 800,000. The influx created various problems, of which housing is one of the most serious, especially in the Kelang Valley. This paper examines the ways and means by which Indonesian workers, the largest group among foreigners, overcame their accommodation problem. Two types of settlements are identified, that is, illegal ones in the squatter areas and legal ones, which are largely in Malay Reservation Areas. The settlements, which signify Indonesians' success in finding a foothold in Malaysia, today have become a base for more in-migration.

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

    Directory of Open Access Journals (Sweden)

    Qin Chen

    2015-01-01

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

  7. Enabling Persistent Peace After Negotiated Settlements

    Science.gov (United States)

    2016-12-01

    ENABLING PERSISTENT PEACE AFTER NEGOTIATED SETTLEMENTS Evert Andres Mejia Lieutenant Colonel, Colombian Marines B.S., Escuela Naval de Cadetes, 2004...simply as “La Violencia .” On April 9, 1948, in the midst of the struggle between the main Colombian liberal and conservative political parties, the...traditional order.”157 “La Violencia ” period between 1948 and 1958 was one of the bloodiest periods in Colombian history,158 characterized by assassinations

  8. Groundwater Quality and the Settlements Condition in

    Directory of Open Access Journals (Sweden)

    Munawar Cholil

    2004-01-01

    Full Text Available To comprehend the factors which influence on the juvenile water, it needs paying attention to the rocks permeability, the thickness of the aeration zone, the type of the material composition and the depth of the ground water. The grade of the ground water quality, both ground water in general and juvenile water in the urban, is dependent upon the natural physical, man made physical, and the condition of the local inhabitant besides the another factors. The influence grade of the factors are undersirable yet because among of them there are cross-linkages. The linkage of the ground water quality condition, besides another factor, inconfirmed by the inhabitant and the settelement. The aspect of the man made physical, both sanitation condition and the population density with their activity effect i.e. sewage by product, should fully determine the ground water quality. There is a closed connection between the juvenile water quality and the settlement condition, mainly, in the case is the domestic sewage disposal. It is estimated that the unit of settlement associates with the grade of the juvenile water quality. Some of the variabilities which are desirable to sustain the settlement condition and constitutes the influence variability i.e. the density of the population and buildings, and the condition of the drainage system for sewage.

  9. Cretan Hydronyms Derived from Settlement Names

    Directory of Open Access Journals (Sweden)

    Elwira Kaczyńska

    2017-03-01

    Full Text Available The paper discusses 284 Cretan river names, presumably derived from settlement names. This group of hydronyms represents 6.1% among all the modern hydronyms of the island (4 666 names collected by the author from written sources and, at a lesser degree, during fieldwork, its biggest part being attested only from the 20th century. The names studied in this paper were formed either by metonymic transfer of settlement names to bodies of water (134 units or by morphological derivation (suffixation and, in some cases, regressive derivation (150 units. To establish the direction of derivation, the author analyses the semantic features of the names and the chronology of their attestation in written sources. As to the morphological structure of the analyzed river names, the author distinguishes 85 simple names (29.9%, 128 compound names (45.1% and 71 elliptical ones (25%. This enables a structural analysis of the differentiating elements in the compound names and in the elliptical names formed by omitting a hydrograhical term. The morphological structure of some hydronyms allows to retrieve valuable information on lost or decayed settlements of Crete. The author also shows that some items demonstrate the onomastic contuinity in the island from antiquity to the present day.

  10. Gender, refugee status and permanent settlement.

    Science.gov (United States)

    Boyd, M

    1999-01-01

    The size of the world's refugee population has grown considerably during the past 25 years due to social, economic, and political instabilities associated with factors such as the formation of new nation-states after the end of colonial rule, the end of the Cold War, and the legacies of earlier military action and foreign policies of industrial countries. In many cases, women outnumber men in these forcibly displaced populations. Yet, the over-representation of women in refugee flows reverses to under-representation in claims and/or settlement in the world's industrial countries. Women are also under-represented as asylum claimants. This paper examines how gender is implicated in the stages of defining a refugee, the refugee determination process, and the act of final settlement. After a general overview of the situation, specific relevant details are presented for Canada. Canada admits refugees for permanent settlement, and has been the first country to develop gender-sensitive guidelines and to participate in the resettlement of women at risk of harm. However, the available data indicate that women are under-represented in humanitarian-based flows to Canada. When they enter Canada, they are more likely than men to be married and to enter as spouses rather than as principal applicants.

  11. Historical topography of the Tsarev settlement site

    Directory of Open Access Journals (Sweden)

    Glukhov Aleksandr A.

    2014-06-01

    Full Text Available The topography of the Tsarev settlement site, one of major Golden Horde monuments in the Lower Volga region, is analyzed. The first descriptions of the settlement refer to the second half of the 18th century, while the initial large-scale excavations on the monument were conducted in the mid-19th century. By that time, the scientific community had adhered to the opinion that the ruins of Sarai (the city mainly associated with the Tsarev settlement site would stretch to a great distance from the Akhtuba river-head to Kolobovka village. The results of archaeological research of the 20th – early 21st century make it possible to challenge this view. To date, it is an established fact that the size of the actual urban area had constituted 5 x 2.2–2.3 km. The southern part of the city was occupied by the estates of the nobility, the central and northern parts were represented by trade and artisan quarters. Around the city, there were suburban cemeteries, including brick mausoleums (the ruins of which could be mistaken for the remains of dwellings in the 19th century, as well as the areas of irrigated agriculture.

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

    DEFF Research Database (Denmark)

    O'Shea, Paul

    2016-01-01

    Over the past 20 years the East China Sea territorial and maritime dispute has become a key flashpoint in East Asia. Although the dispute has caused diplomatic and economic damage, its existence suits the key actors involved, thus reducing the incentive for resolution. The dispute undergirds...... 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...

  13. 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.

  14. The International Court of Justice and third-party interrention in maritime disputes: An assessment to the decision on Costa Rica’s and Honduras requests for permission to intervene in the Territorial and Maritime Dispute (Nicaragua v. Colombia

    Directory of Open Access Journals (Sweden)

    Andrés Sarmiento Lamus

    2012-12-01

    Full Text Available Article 62 of the Statute of the International Court of Justice establishes that, should a State consider that it has an interest of legal nature which may be affected by the decision in the case, it may be permitted to intervene, being for the Court to decide upon the request. The Court’s latest decisions regarding third-party intervention indicated that the arisen discussions, in the jurisprudence and doctrine, concerning the construction and application of this topic seemed to have disappeared. Nonetheless, the Court’s recent decisions on Costa Rica’s and Honduras’ requests for permission to intervene in the Territorial and Maritime Dispute between Nicaragua and Colombia seems to have revive said discussions. This article presents a general introduction to intervention, explaining the application the Court has given to it, as well as analyzes each of the requirements a State must met in cases brought before the Court for its settlement. As a conclusion, a commentary and analysis to the Court’s most recent decisions on requests for permission to intervene is presented.

  15. Coral settlement on a highly disturbed equatorial reef system.

    Directory of Open Access Journals (Sweden)

    Andrew G Bauman

    Full Text Available Processes occurring early in the life stages of corals can greatly influence the demography of coral populations, and successful settlement of coral larvae that leads to recruitment is a critical life history stage for coral reef ecosystems. Although corals in Singapore persist in one the world's most anthropogenically impacted reef systems, our understanding of the role of coral settlement in the persistence of coral communities in Singapore remains limited. Spatial and temporal patterns of coral settlement were examined at 7 sites in the southern islands of Singapore, using settlement tiles deployed and collected every 3 months from 2011 to 2013. Settlement occurred year round, but varied significantly across time and space. Annual coral settlement was low (~54.72 spat m(-2 yr(-1 relative to other equatorial regions, but there was evidence of temporal variation in settlement rates. Peak settlement occurred between March-May and September-November, coinciding with annual coral spawning periods (March-April and October, while the lowest settlement occurred from December-February during the northeast monsoon. A period of high settlement was also observed between June and August in the first year (2011/12, possibly due to some species spawning outside predicted spawning periods, larvae settling from other locations or extended larval settlement competency periods. Settlement rates varied significantly among sites, but spatial variation was relatively consistent between years, suggesting the strong effects of local coral assemblages or environmental conditions. Pocilloporidae were the most abundant coral spat (83.6%, while Poritidae comprised only 6% of the spat, and Acroporidae <1%. Other, unidentifiable families represented 10% of the coral spat. These results indicate that current settlement patterns are reinforcing the local adult assemblage structure ('others'; i.e. sediment-tolerant coral taxa in Singapore, but that the replenishment capacity

  16. 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...... whalers and their families nevertheless improvise and mould their interests around the legal frameworks in everyday interpretations of national and municipal quota allocations. The article argues that, in the process of receiving and interpreting annual quota allocations, hunters and their families draw...

  17. The fluoridation war: a scientific dispute or a religious argument?

    Science.gov (United States)

    Newbrun, E

    1996-01-01

    Communal water fluoridation is not considered controversial by the vast majority of the scientific community; however, politically it has persisted as an issue that many legislators and community leaders have avoided because of an aura of dispute, it has been a battleground for vigorous opposition by a very small but outspoken minority who have fought it with the dedication of religious zealots. This paper reviews the nature of the opposition, who they are, the broad thrust of their arguments, some of the specific issues they have raised, and their techniques.

  18. Socio spatial adaptation as a resilience form of native unplanned settlement in confrontation with new planned settlement development pressure (case study: enclave native settlement in Serpong, Tangerang)

    Science.gov (United States)

    Ischak, Mohammad; Setioko, Bambang; Nurgandarum, Dedes

    2017-12-01

    Urban growth refers to expansion of a metropolitan into sub urban areas as the surrounding environment, with no exception of Jakarta city due to limited availability and high price of land within the city. The city of Jakarta, as a metropolitan, carries of expansion in its surrounding environment including Tangerang. Privat developers may an important role in this urban growth through their large scale of new settlement development project. The formation of establishment of enclave native unplanned sub urban settlement scattered within planned new settlement in Tangerang is to be an consequence of Jakarta urban growth. This fenomena could be comprehended as a form of resilience native settlement in confrontation with the new planned settlement pressure. The aim of this research, presented in this paper is to understand the socio-spatial concept of those enclave native settlement as an adaptation form to the new planned settlement pressure. Through descriptive qualitative research method, with indepth interview as a main research instrument, this research could depict or uncover the facts that there are various form of socio-spatial adaptation as the main theme of resilience native suburban settlement formation.

  19. The politics behind the implementation of the WTO Paragraph 6 Decision in Canada to increase global drug access

    Directory of Open Access Journals (Sweden)

    Esmail Laura C

    2012-04-01

    Full Text Available Abstract Background The reform of pharmaceutical policy can often involve trade-offs between competing social and commercial goals. Canada's Access to Medicines Regime (CAMR, a legislative amendment that permits compulsory licensing for the production and export of medicines to developing countries, aimed to reconcile these goals. Since it was passed in 2004, only two orders of antiretroviral drugs, enough for 21,000 HIV/AIDS patients in Rwanda have been exported. Future use of the regime appears unlikely. This research aimed to examine the politics of CAMR. Methods Parliamentary Committee hearing transcripts from CAMR's legislative development (2004 and legislative review (2007 were analysed using a content analysis technique to identify how stakeholders who participated in the debates framed the issues. These findings were subsequently analysed using a framework of framing, institutions and interests to determine how these three dimensions shaped CAMR. Results In 2004, policy debates in Canada were dominated by two themes: intellectual property rights and the TRIPS Agreement. The right to medicines as a basic human right and CAMR's potential impact on innovation were hardly discussed. With the Departments of Industry Canada and International Trade as the lead institutions, the goals of protecting intellectual property and ensuring good trade relations with the United States appear to have taken priority over encouraging generic competition to achieve drug affordability. The result was a more limited interpretation of patent flexibilities under the WTO Paragraph 6 Decision. The most striking finding is the minimal discussion over the potential barriers developing country beneficiaries might face when attempting to use compulsory licensing, including their reluctance to use TRIPS flexibilities, their desire to pursue technological development and the constraints inherent in the WTO Paragraph 6 Decision. Instead, these issues were raised in 2007

  20. The politics behind the implementation of the WTO Paragraph 6 Decision in Canada to increase global drug access

    Science.gov (United States)

    2012-01-01

    Background The reform of pharmaceutical policy can often involve trade-offs between competing social and commercial goals. Canada's Access to Medicines Regime (CAMR), a legislative amendment that permits compulsory licensing for the production and export of medicines to developing countries, aimed to reconcile these goals. Since it was passed in 2004, only two orders of antiretroviral drugs, enough for 21,000 HIV/AIDS patients in Rwanda have been exported. Future use of the regime appears unlikely. This research aimed to examine the politics of CAMR. Methods Parliamentary Committee hearing transcripts from CAMR's legislative development (2004) and legislative review (2007) were analysed using a content analysis technique to identify how stakeholders who participated in the debates framed the issues. These findings were subsequently analysed using a framework of framing, institutions and interests to determine how these three dimensions shaped CAMR. Results In 2004, policy debates in Canada were dominated by two themes: intellectual property rights and the TRIPS Agreement. The right to medicines as a basic human right and CAMR's potential impact on innovation were hardly discussed. With the Departments of Industry Canada and International Trade as the lead institutions, the goals of protecting intellectual property and ensuring good trade relations with the United States appear to have taken priority over encouraging generic competition to achieve drug affordability. The result was a more limited interpretation of patent flexibilities under the WTO Paragraph 6 Decision. The most striking finding is the minimal discussion over the potential barriers developing country beneficiaries might face when attempting to use compulsory licensing, including their reluctance to use TRIPS flexibilities, their desire to pursue technological development and the constraints inherent in the WTO Paragraph 6 Decision. Instead, these issues were raised in 2007, which can be partly

  1. The politics behind the implementation of the WTO Paragraph 6 Decision in Canada to increase global drug access.

    Science.gov (United States)

    Esmail, Laura C; Kohler, Jillian Clare

    2012-04-03

    The reform of pharmaceutical policy can often involve trade-offs between competing social and commercial goals. Canada's Access to Medicines Regime (CAMR), a legislative amendment that permits compulsory licensing for the production and export of medicines to developing countries, aimed to reconcile these goals. Since it was passed in 2004, only two orders of antiretroviral drugs, enough for 21,000 HIV/AIDS patients in Rwanda have been exported. Future use of the regime appears unlikely. This research aimed to examine the politics of CAMR. Parliamentary Committee hearing transcripts from CAMR's legislative development (2004) and legislative review (2007) were analysed using a content analysis technique to identify how stakeholders who participated in the debates framed the issues. These findings were subsequently analysed using a framework of framing, institutions and interests to determine how these three dimensions shaped CAMR. In 2004, policy debates in Canada were dominated by two themes: intellectual property rights and the TRIPS Agreement. The right to medicines as a basic human right and CAMR's potential impact on innovation were hardly discussed. With the Departments of Industry Canada and International Trade as the lead institutions, the goals of protecting intellectual property and ensuring good trade relations with the United States appear to have taken priority over encouraging generic competition to achieve drug affordability. The result was a more limited interpretation of patent flexibilities under the WTO Paragraph 6 Decision. The most striking finding is the minimal discussion over the potential barriers developing country beneficiaries might face when attempting to use compulsory licensing, including their reluctance to use TRIPS flexibilities, their desire to pursue technological development and the constraints inherent in the WTO Paragraph 6 Decision. Instead, these issues were raised in 2007, which can be partly accounted for by experience in

  2. Postponement of execution of the administrative act in administrative dispute

    Directory of Open Access Journals (Sweden)

    Lončar Zoran

    2012-01-01

    Full Text Available The newly established legal regime postponement of execution administrative acts in an administrative dispute, contains a number of elements that significantly contribute to raising quality of the legal position of parties in administrative matters. One of the most important innovation is the establishment of an administrative court jurisdiction to decide on the request of the Prosecutor for a stay of execution of an administrative act challenged in administrative proceedings, particularly against administrative acts which appealed the appellate administrative body that has no suspensive effect. Regardless of some defects that can be seen in the legal regime of postponement of the execution of administrative decisions in administrative proceedings, which are related mainly to the lack of a legal remedy against a court decision on the request for stay of execution of administrative acts and the inability to use temporary measures in the administrative proceedings, with a lot of basis, however, it could be concluded that the new Law on Administrative Disputes created more than a solid legal basis for further promotion of legal security of the parties in administrative matters.

  3. Judging Fairness in Class Action Settlements

    Directory of Open Access Journals (Sweden)

    Catherine Piché

    2010-02-01

    Full Text Available In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify re-evaluating the role of the judge responsible for reviewing class action settlements, in light of modern judicial culture. I also critically evaluate the existing procedures applicable to the fairness review as well as the judicial role described in the caselaw and doctrine, before suggesting a revised, three-parted role for the reviewing judge in the class action settlement context. Ultimately, I suggest that to reach fairness of process and outcome in class action settlements, judges should remain active and creative in their inquisitorial assessment of proposed class action settlements. They should also remain conciliatory, participating in the search for solutions regarding the proposed settlement, always seeking to find the truth (and what is “just” about the proposed settlement, in the utmost respect for the rights of absent class members, the respect of their interests, and the additional consideration of the interests of the defendants and of the public. Dans cet article, je présente l’état de la face de la justice civile moderne et je discute quatre paradoxes qui justifient une réévaluation du rôle du juge responsable de la révision et de l’approbation d’un règlement de recours collectif, à la lumière de la culture juridique moderne. Je propose aussi une évaluation critique des procédures en place s’appliquant à l’évaluation du caracters équitable de la transaction, de même que le rôle du juge décrit dans la jurisprudence et la doctrine, avant de suggérer un rôle révisé. Ce rôle modifié se décline en trois parties. Finalement, je suggère que pour atteindre l’équité de procédure et de résultat dans le cas de règlements en recours collectif, les juges devraient demeurer actifs et créatifs en enquêtant pour évaluer des règlements proposés dans les cas de recours collectifs. Ils et elles

  4. Deterring Spoilers: Peace Enforcement Operations and Political Settlements to Conflict

    National Research Council Canada - National Science Library

    Manseau, Nicole C

    2008-01-01

    .... In Somalia, Operation Restore Hope provided a strong peace enforcement operation, but ultimately failed to deter spoilers to United Nations negotiations for a political settlement to the conflict...

  5. Public Service Provision in Clientelistic Political Settlements

    DEFF Research Database (Denmark)

    Whitfield, Lindsay; Hirvi, Marja

    2015-01-01

    The politics of public-service delivery continues to be neglected under the supposedly more context-sensitive post-Washington Consensus. Using interviews and documentary evidence from Ghana, this article provides an account of the networks of political interference and informal practices in Ghana......-specific political settlement in which public-service provision operates.......'s public water utility. It argues that, in order to understand why private-sector participation succeeds or fails and why similar arrangements have different outcomes across developing countries, we need to examine the effects of the informal institutional context, particularly the country...

  6. Researching Entrepreneurship in Low-income Settlements

    DEFF Research Database (Denmark)

    Gough, Katherine V.; Langevang, Thilde; Namatovu, Rebecca

    2014-01-01

    Despite an increased focus on entrepreneurship as a means of promoting development, there has been limited discussion of the conceptual and methodological issues related to researching entrepreneurship in low-income countries. Drawing on experiences from Uganda, this paper presents a study...... of entrepreneurship conducted in a low-income settlement, which combined participatory quantitative and qualitative approaches, highlighting the strengths and challenges of using participatory methods. The paper demonstrates how drawing on a range of participatory methods can contribute to creating more engaging...... research relationships and generate....

  7. Guidelines and criteria for planning Slovenian settlements

    Directory of Open Access Journals (Sweden)

    Andrej Pogačnik

    2001-01-01

    Full Text Available The article deals with proposals for directing settlement development and management in Slovenia on the national level. They should be integrated in the spatial order, a part of the national spatial plan. First a short chronology of research with similar topics and simultaneous critical analysis is presented. The methodology and possible models for structuring directives is elaborated. Based on recent research by domestic authors, European guidelines and own ideas, a manual was devised, dividing guidelines hierarchically between the national, regional and local level. The second part or rather different type of text attached to the manual is a glossary. It also includes an index for further research of various sources.

  8. 29 CFR 18.9 - Consent order or settlement; settlement judge procedure.

    Science.gov (United States)

    2010-07-01

    ... render a formal judgment or decision in the case; his or her role is solely to facilitate fair and...) Such appointment is inconsistent with a statute, executive order, or regulation; (iii) The proceeding... treated by the presiding judge as would be any other settlement agreement. (12) Non-reviewable decisions...

  9. 19 CFR 133.44 - Decision of disputed claim of infringement.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Decision of disputed claim of infringement. 133.44...; DEPARTMENT OF THE TREASURY TRADEMARKS, TRADE NAMES, AND COPYRIGHTS Importations Violating Copyright Laws § 133.44 Decision of disputed claim of infringement. (a) Claim of infringement sustained. Upon...

  10. 75 FR 7469 - Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date...

    Science.gov (United States)

    2010-02-19

    ... Energy Regulatory Commission Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date for Applications for Panel Member List for Hydropower Licensing Study Dispute...) requested applications to be included on a list of resource experts willing to serve as a third panel member...

  11. 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...

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

    NARCIS (Netherlands)

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

    1995-01-01

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

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

    Science.gov (United States)

    2011-06-01

    viewtopic.php?t=712&sid=6ff7f94b3f06010d9542913ba89b2ac2 (January 13, 2011). 116 Levina Kato, “Lake Nyasa Dispute Resolvable,” From the Parliament...University Press, 2008. Kato, Levina . “Lake Nyasa Dispute Resolvable.” From the Parliament. Daily News Tanzania (February 4, 2010). http

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

    Science.gov (United States)

    Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Chiehfeng Chen

    2017-08-01

    Conclusion: 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.

  16. 7 CFR 735.9 - Dispute resolution and arbitration of private parties.

    Science.gov (United States)

    2010-01-01

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

  17. Occupational Disputes in Mechanical and Organic Social Systems: An Empirical Study of Elementary and Secondary Schools.

    Science.gov (United States)

    Corwin, Ronald G.; Herriott, Robert E.

    1988-01-01

    Using Durkheim's distinction between mechanical and organic social systems, examines the antecedents of conflict in 111 public schools. Division of labor is indirectly but ultimately related to disputes through direct correlations with goal disagreement and enhanced control. Disputes increase when rules dominate the control structure. (Author/BJV)

  18. 76 FR 71008 - Yuba County Water Agency; Notice of Dispute Resolution Process Schedule; Panel Meeting, and...

    Science.gov (United States)

    2011-11-16

    ... Energy Regulatory Commission Yuba County Water Agency; Notice of Dispute Resolution Process Schedule... resolution process, pursuant to 18 CFR 5.14, in the relicensing proceeding for the Yuba County Water Agency's (YCWA) Yuba River Hydroelectric Project No. 2246. NMFS disputes the treatment of several of its study...

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

    NARCIS (Netherlands)

    Moreyra, A.

    2009-01-01

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

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

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

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

  1. 75 FR 21503 - Transferring Certain Enforcement Hotline Matters to the Dispute Resolution Service

    Science.gov (United States)

    2010-04-26

    ... of regulated markets.\\1\\ By transferring the responsibility of dispute-related calls pertaining to... conflict resolution, and allowing the Office of Enforcement to focus on its priorities, the Commission will... regulated markets. By transferring the responsibility of dispute-related calls pertaining to the...

  2. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-05-29

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

  3. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-04-26

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

  4. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

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

  5. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-10-28

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

  6. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

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

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

    Directory of Open Access Journals (Sweden)

    Mohd Suhaimi Mohd Danuri

    2012-06-01

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

  8. Settlement for Peru women's rights case.

    Science.gov (United States)

    2000-05-01

    On March 6, 2000, the Peruvian government accepted international responsibility for the rape of a poor indigenous woman by a doctor in the country's public health care system. This rare concession--and the settlement--represent a striking victory for the victim and for abused and oppressed women in Latin America who rarely receive acknowledgement of their rights. The Center for Reproductive Law and Policy (CRLP), along with the Latin America and Caribbean Committee for the Defense of Women's Rights and the Center for Justice and International Law, reached a settlement after bringing this first-of-its-kind women's human rights case before the Inter-American Commission on Human Rights. The government agreed to provide the victim, Marina Machaca, with psychological care for as long as she needs, as well as land and materials to build a house and property in a public marketplace to sell her wares. In addition, the doctor who raped her was dismissed. Peruvian officials also agree to study the creation of centers for sexual abuse victims, and to review and implement proposals to revamp the health service and judiciary systems in regard to women throughout their country. Luisa Cabal is the CRLP staff attorney who represented Machaca in this international arena. full text

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

    Directory of Open Access Journals (Sweden)

    Latif Tas

    2013-12-01

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

  10. 78 FR 24227 - Notice of Proposed Information Collection; Comment Request: Real Estate Settlement Procedures Act...

    Science.gov (United States)

    2013-04-24

    ... URBAN DEVELOPMENT Notice of Proposed Information Collection; Comment Request: Real Estate Settlement... information: Title of Proposal: Real Estate Settlement Procedures Act (RESPA) Disclosures. OMB Control Number... 24 CFR part 3500, require real estate settlement service providers to give homebuyers certain...

  11. 29 CFR 101.31 - Initiation of proceedings to hear and determine jurisdictional disputes under section 10(k).

    Science.gov (United States)

    2010-07-01

    ... jurisdictional disputes under section 10(k). 101.31 Section 101.31 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD STATEMENTS OF PROCEDURES Jurisdictional Dispute Cases Under Section 10(k) of the...(k). The investigation of a jurisdictional dispute under section 10(k) is initiated by the filing of...

  12. 41 CFR 102-118.465 - Must my agency pay interest on a disputed amount claimed by a TSP?

    Science.gov (United States)

    2010-07-01

    ... interest on a disputed amount claimed by a TSP? 102-118.465 Section 102-118.465 Public Contracts and... Information for All Claims § 102-118.465 Must my agency pay interest on a disputed amount claimed by a TSP? No... is delayed because of a dispute between an agency and a TSP. ...

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

    Directory of Open Access Journals (Sweden)

    Marília Martins Bandeira

    2014-03-01

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

  14. Disputes And The Territory. The Case Of Deseado Massif

    Directory of Open Access Journals (Sweden)

    Silvia Valiente

    2017-07-01

    Full Text Available This article examines some of the problems presented in the area of the Deseado Massif, in the north-centre of the province of Santa Cruz, Argentina's southern Patagonia, a space in which the metalliferous mega-mining develops, almost exclusively, as the only possible activity. In this context, we will analyze the disputes that untie "in and for" the territory due to this activity, in a context where the multiplicity of people involved in this space make the conflicts more complex. In this scenario, the concept of territory proposed by Bernardo Mançano Fernándes, supported by a critical perspective, allows us to disrupt the plot of the conflict, under a qualitative methodology based on secondary sources. Regarding the results, this article describes the operation of the rentier mentality, the violence and the trap of abundance in regions with extractive vocation.

  15. Mediation as a method of parent intervention in children's disputes.

    Science.gov (United States)

    Siddiqui, Afshan; Ross, Hildy

    2004-03-01

    This study examined the feasibility and short-term effects of mothers' use of mediation to help children (5 to 8 years) resolve disputes. Families in which mothers were trained to use mediation were compared with control families on intervention strategies at home and discussion of a recurring conflict in the laboratory. With training, mothers could use mediation strategies, and these strategies were favored by both mothers and children. Children responded appropriately to mediation (reasoning, discussing emotions, and understanding motivations more often than in control families). Mediation empowered children, particularly younger siblings, to solve conflict issues. Although questions of the long-term implications of mediation remain, this study suggests that mediation may be a powerful parenting tool, promoting social understanding and productive conflict resolution.

  16. The Study on Law Disputes in Construction Project Contract Relationship

    Science.gov (United States)

    Yang, Zhang

    Because the disputes and case facts of construction project contracts are intricate, there are many new conditions and problems involved in application of law, it's very difficult to dispose in the judicial practice with the difference in judicial theories and understanding spirit of the laws, and the juridical criterions of judgment are not unified in the courts of various regions. As judicial organs, people's courts should keep pace with the times, take precautions, and do well investigations and researches on such application of law in such cases in order to give full play to the judicial function, to safeguard the lawful rights and interests of disadvantaged groups and to promote the sustained, rapid and sound development of real estate market.

  17. The relationship between settlement type and undercount in the ...

    African Journals Online (AJOL)

    In South. Africa, some of the settlement types categorised as 'hard-to-count' include homeless people, people living in high-walled areas (gated communities and residential complexes), informal settlements, remote rural communities and commercial farms (Stats SA,. 2009: 30). South Africa, and Stats SA in particular,.

  18. Building resilient human settlements in a climate of change

    CSIR Research Space (South Africa)

    Van Wyk, Llewellyn V

    2012-02-01

    Full Text Available The main purpose of this chapter is to 1) note the impacts of climate change on human settlements and vice versa, and 2) propose design and institutional strategies to improve the resilience of human settlements to withstand these impacts...

  19. Working with Newcomers: A Guide for Immigration and Settlement Workers.

    Science.gov (United States)

    Employment and Immigration Canada, Ottawa (Ontario).

    This guide is a national reference document that gives immigration and settlement workers access to concepts and printed materials than can help them do their jobs. Its purpose is to help immigration and settlement workers respond appropriately to newcomers' problems and questions as they concern Canada's customs, institutions and public behavior.…

  20. Land Tenure Security in Informal Settlements of Kigali City. Case ...

    African Journals Online (AJOL)

    exclusion (Durand-Lasserve, 2006). Likewise, land tenure in informal settlements is informally held and does not provide enough security for its residents. Since these settlements are not part of the formal land management system, there is a lack of reliable information necessary for planning as well as for the formulation of ...

  1. 26 CFR 301.6224(c)-3 - Consistent settlements.

    Science.gov (United States)

    2010-04-01

    ... settlement rights because it is required to be given without volitional agreement of the Secretary. Therefore... administrative adjustment is mailed to the tax matters partner; or (ii) The 60th day after the day on which the settlement agreement was entered into. (d) Examples. The following examples illustrate the principles of this...

  2. Automatic settlement analysis of single-layer armour layers

    NARCIS (Netherlands)

    Hofland, B.; van gent, Marcel

    2016-01-01

    A method to quantify, analyse, and present the settlement of single-layer concrete armour layers of coastal structures is presented. The use of the image processing technique for settlement analysis is discussed based on various modelling
    studies performed over the years. The accuracy of the

  3. Sustainable and equitable sanitation in informal settlements of Cape ...

    African Journals Online (AJOL)

    There is, however, a gap between policy and implementation, and part of the problem lies in the challenge of reconciling the pressure to deliver .... Qualitative. *In South Africa, informal settlement users typically do not pay for water and sanitation services although backyard dwellers in formal settlements may do so.

  4. Managing urbanising rural settlements in Botswana: A case study of ...

    African Journals Online (AJOL)

    Urbanising rural settlements form a significant proportion of urban settlements in Botswana. About 59 ... challenges that range from problematic alignment of the plans, inadequate definition of responsibilities over plan implementation and management and absence of budget commitment for most of the planning documents.

  5. Analysis of spatial pattern of settlements in the federal capital ...

    African Journals Online (AJOL)

    Human settlements are important, seemingly static but dynamic, features of the cultural landscape that have attracted several studies due to the important role they play in human life. This paper examined the spatial distribution of settlements in the Federal Capital Territory (FCT) of Nigeria. The analysis uses vector based ...

  6. Value chain dynamics, settlement trajectories and regional development

    DEFF Research Database (Denmark)

    Fold, Niels

    2014-01-01

    that GVC analysis needs to be combined with the examination of livelihoods at settlement level. Livelihood diversification – or lack thereof – indicates particular settlement trajectories that constitute regional development pathways. It is also suggested that the understanding of how regions are shaped...

  7. 38 CFR 8.19 - Beneficiary and optional settlement changes.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Beneficiary and optional settlement changes. 8.19 Section 8.19 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS NATIONAL SERVICE LIFE INSURANCE Beneficiaries § 8.19 Beneficiary and optional settlement changes. The insured shall have the right at any...

  8. The Impact of the Master Settlement Agreement on Cigarette Consumption

    Science.gov (United States)

    Sloan, Frank A.; Trogdon, Justin G.

    2004-01-01

    In 1998, 46 states and the four major tobacco companies signed the Master Settlement Agreement (MSA), which stipulated that the tobacco companies pay states $206 billion over 25 years and take steps to reduce youth smoking. The remaining states settled separately. We sought to determine the effect of the settlements on demand for cigarettes. Using…

  9. 47 CFR 64.1002 - International settlements policy.

    Science.gov (United States)

    2010-10-01

    ... (CONTINUED) MISCELLANEOUS RULES RELATING TO COMMON CARRIERS International Settlements Policy and Modification... accounting rate modification, filed pursuant to § 64.1001, that includes a settlement rate that is at or... behavior that is harmful to U.S. customers. Carriers and other parties filing complaints must support their...

  10. 47 CFR 3.44 - Time to achieve settlements.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Time to achieve settlements. 3.44 Section 3.44 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Settlement Operations § 3.44 Time to...

  11. Land Tenure Security in Informal Settlements of Kigali City. Case ...

    African Journals Online (AJOL)

    Abstract. Rapid urbanization of Kigali City is a direct consequence of increasing development of informal settlements in the city. This research sought to identify challenges related to land tenure systems in informal settlements, analyze problems related to lack of land ownership, assess existing planning policies, and.

  12. Resilience and social costs: centralised towns vs. distributed settlements?

    DEFF Research Database (Denmark)

    Hendriksen, Kåre

    In government reports and political debates in Greenland it is often stated, that the divided settlement in general and especially the settlements are too costly, and that the outlying districts in general do not contribute sufficiently to the national economy. This presumption is used as an argu...

  13. Coastal environments around Thule settlements in Northeast Greenland

    DEFF Research Database (Denmark)

    Kroon, Aart; Jakobsen, Bjarne Holm; Pedersen, Jørn Bjarke Torp

    2010-01-01

    . The Thule culture abandoned Northeast Greenland about 1850 AD, and apart from settlements on basalt capes, most of the winter settlement sites in pocket beach areas have been affected by erosion of local character and in some cases also affected by increasing wave erosion during recent periods of less ice...

  14. Settlement Studies and Associated Problems in West Africa ...

    African Journals Online (AJOL)

    The paper examines settlement studies in the West African sub-tropics. It discusses the various traditions of settlement studies in West Africa with particular reference to Nigeria .The traditions are: socio-cultural and ecological traditions. The position of the paper is that though these traditions have been introduced and used ...

  15. 29 CFR 1614.603 - Voluntary settlement attempts.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Voluntary settlement attempts. 1614.603 Section 1614.603 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY Matters of General Applicability § 1614.603 Voluntary settlement attempts...

  16. Quick Settlement Analysis of Cohesive Alluvial Deposits using New ...

    African Journals Online (AJOL)

    A simple approach is evolved for quick analysis and assessment of sensitivity of structure at a site for settlement of alluvial deposits. The derived parameters and approach is quick and economical. Empirical model is prepared to predict the settlement of shallow foundations incorporating soil index and plasticity ...

  17. Settlement pattern and survival of a shell-infesting sabellid ...

    African Journals Online (AJOL)

    This study tested whether abalone diet influences larval settlement success of the shell-dwelling sabellid polychaete Terebrasabella heterouncinata and their survival over the first 96h after settlement on host abalone. Shell area preferences of the sabellid were also investigated. Abalone diet (fresh kelp, Ecklonia maxima or ...

  18. Identification of Ethnic Settlement Regions: Amish-Mennonites in Ohio.

    Science.gov (United States)

    Kent, Robert B.; Neugebauer, Randall J.

    1990-01-01

    Examines four methods of identifying Amish-Mennonite settlement: local population data on religious affiliation; location of Amish church districts and Mennonite churches; topographic maps; and surnames and cadastral maps. Topographic maps proved unsuitable. Other methods produced reasonable approximations of Amish and Mennonite settlement. (TES)

  19. Determinants of states' allocations of the master settlement agreement payments.

    Science.gov (United States)

    Sloan, Frank A; Carlisle, Emily Streyer; Rattliff, John R; Trogdon, Justin

    2005-08-01

    To determine which factors influence states' allocation decisions for the tobacco Master Settlement Agreement and the four individual settlements' annual payments, including the decision to securitize, we analyzed the effects of voter characteristics, political parties, interest groups, prior spending on public tobacco control programs, and state fiscal health on per capita settlement funds allocated to tobacco-control, health, and other programs. Tobacco-producing states and those with high proportions of conservative Democrats or elderly, black, Hispanic, or wealthy people tended to spend less on tobacco control. Education and medical lobbies had strong positive influences on per capita allocations for tobacco-control and health-related programs. State fiscal crises affected amounts spent by states from settlement funds as well as the probability of securitizing future cash flows from the settlements.

  20. Deforestation and Carbon Stock Loss in Brazil's Amazonian Settlements.

    Science.gov (United States)

    Yanai, Aurora Miho; Nogueira, Euler Melo; de Alencastro Graça, Paulo Maurício Lima; Fearnside, Philip Martin

    2017-03-01

    We estimate deforestation and the carbon stock in 2740 (82 %) of the 3325 settlements in Brazil's Legal Amazonia region. Estimates are made both using available satellite data and a carbon map for the "pre-modern" period (prior to 1970). We used data from Brazil's Project for Monitoring Deforestation in Amazonia updated through 2013 and from the Brazilian Biomes Deforestation Monitoring Project (PMDBBS) updated through 2010. To obtain the pre-modern and recent carbon stocks we performed an intersection between a carbon map and a map derived from settlement boundaries and deforestation data. Although the settlements analyzed occupied only 8 % of Legal Amazonia, our results indicate that these settlements contributed 17 % (160,410 km 2 ) of total clearing (forest + non-forest) in Legal Amazonia (967,003 km 2 ). This represents a clear-cutting of 41 % of the original vegetation in the settlements. Out of this total, 72 % (115,634 km 2 ) was in the "Federal Settlement Project" (PA) category. Deforestation in settlements represents 20 % (2.6 Pg C) of the total carbon loss in Legal Amazonia (13.1 Pg C). The carbon stock in remaining vegetation represents 3.8 Pg C, or 6 % of the total remaining carbon stock in Legal Amazonia (58.6 Pg C) in the periods analyzed. The carbon reductions in settlements are caused both by the settlers and by external actors. Our findings suggest that agrarian reform policies contributed directly to carbon loss. Thus, the implementation of new settlements should consider potential carbon stock losses, especially if settlements are created in areas with high carbon stocks.