The WTO Dispute Settlement System (DSS) has been the object of many studies in politics, law, and economics focusing on institutional design problems. This paper contributes to such studies by accounting for the argumentative nature and sophisticated features of the DSS through a philosophical analysis of the procedures through which it is articulated. Jürgen Habermas's discourse theory is used as a hermeneutic device to disentangle the types of ‘orientations’ (compromise, consensus, and mutual understanding) pertaining to DSS procedures. We (...) show that these latter are oriented primarily to put the parties in a position to reach mutual understanding. Such an orientation is no mere idiosyncrasy of the DSS but is the only one consistently conducive to the WTO's general aims, in response to the various types of disputes that may arise between its Members. Before closing, we bring our procedural considerations to bear on the reform proposals of the DSS. (shrink)

World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with (...) WTO rules, even if the DSB had previously declared the EU legislation to be incompatible with those rules. The position of the ECJ is based on the WTO dispute settlement system specifics—the importance of the negotiation between the parties, even after the DSB decision-making and lack of reciprocity, which means that major commercial partners of the EU does not recognize the direct effect of DSB decisions. (shrink)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, is determined by (...) the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

International law scholars and lawyers can rely on The Global Community Yearbook to better understand the wealth of case law now emanating from international courts and tribunals. Two new volumes each year include in-depth articles addressing topics of jurisprudence, while shorter notes explore current legal issues and provide context for the year's cases, which comprise the majority of the set. The editor, Giuliana Ziccardi Capaldo, has assembled a comprehensive look at the present and future development of the international legal order. (...) Each major international court or tribunal has its own section, which includes an introductory article on the activity of that organization over the course of the year. The activities of the court and tribunals are presented in the form of "legal maxims," that distil the most important elements of the legal decisions of the past year and that provide researchers with quick access to the relevant point of law in each case. The cases themselves are indexed within each court's section, and then again in a general index for the entire set. Contributed to by leading legal experts, The Global Community Yearbook addresses the major developments in the courts and tribunals, providing a valuable resource for anyone wishing to better understand the functions, decisions and structure of the international legal courts. International Courts and Tribunals covered include: International Court of Justice International Tribunal for the Law of the Sea WTO Dispute Settlement System International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Court of First Instance and Court of Justice of the European Communities European Court of Human Rights Inter-American Court of Human Rights Iran-U.S. Claims Tribunal International Centre for Settlement of Investment Disputes. (shrink)

The perspective of online dispute resolution is to develop an online electronic system aimed at solving out-of-court disputes. Among ODR schemes, eMediation is becoming an important tool for encouraging the positive settlement of an agreement among litigants. The main motivation underlying the adoption of eMediation is the time/cost reduction for the resolution of disputes compared to the ordinary justice system. In the context of eMediation, a fundamental requirement that an ODR system should meet relates to both litigants and (...) mediators, i.e. to enable an informed negotiation by informing the parties about the rights and duties related to the case. In order to match this requirement, we propose an information retrieval system able to retrieve relevant court decisions with respect to the disputant case description. The proposed system combines machine learning and natural language processing techniques to better match disputant case descriptions with court decisions. Experimental results confirm the ability of the proposed solution to empower court decision retrieval, enabling therefore a well-informed eMediation process. (shrink)

Using food regime analysis, this paper critically analyzes how corporate actors amass, secure and apply power in the global agrifood system through International Investment Agreements (IIAs). IIAs are a key enabler of increasing corporate power in the agrifood system. We focus on three sets of investment provisions in IIAs: (a) the stringent enforceability mechanism of the investor-state dispute settlement (ISDS) system, (b) the expansion of the concept of expropriation, and (c) limitations or prohibitions on host countries to impose (...) performance requirements on foreign investors. We argue that these provisions compromise fairness in the international economic system. Attracted by promises of technology transfer, economic growth and employment, host states often prioritize policies that favor foreign investors even if such policies compromise domestic policy space. We provide analysis and examples of escalating corporate power at different stages of the industrial and transgenic model of agriculture. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that (...) the investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

International law scholars and lawyers can rely on The Global Community Yearbook to better understand the wealth of case law now emanating from international courts and tribunals. Two new volumes each year include in-depth articles addressing topics of jurisprudence, while shorter notes explore current legal issues and provide context for the year's cases, which comprise the majority of the set. The editor, Giuliana Ziccardi Capaldo, has assembled a comprehensive look at the present and future development of the international legal order. (...) Each major international court or tribunal has its own section, which includes an introductory article on the activity of that organization over the course of the year. The activities of the court and tribunals are presented in the form of "legal maxims," that distil the most important elements of the legal decisions of the past year and that provide researchers with quick access to the relevant point of law in each case. The cases themselves are indexed within each court's section, and then again in a general index for the entire set. Contributed to by leading legal experts, The Global Community Yearbook addresses the major developments in the courts and tribunals, providing a valuable resource for anyone wishing to better understand the functions, decisions and structure of the international legal courts. International Courts and Tribunals covered include: International Court of Justice International Tribunal for the Law of the Sea WTO Dispute Settlement System International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Court of First Instance and Court of Justice of the European Communities European Court of Human Rights Inter-American Court of Human Rights Iran-U.S. Claims Tribunal International Centre for Settlement of Investment Disputes. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

How can dispute records shed light on the study of dispute settlement processes and their social and political underpinnings? This volume addresses this question by investigating the interplay between record-making, disputing process, and the social and political contexts of conflicts. The authors make use of exceptionally rich charter materials from the Iberian Peninsula, Italy, and Scandinavia, including different types of texts directly and indirectly related to conflicts, in order to contribute to a comparative survey of early medieval (...) dispute records and to a better understanding of the interplay between judicial and other less formal modes of conflict resolution. Contributors are Isabel Alfonso, José M. Andrade, François Bougard, Warren C. Brown, Wendy Davies, Julio Escalona, Kim Esmark, Adam J. Kosto, Juan José Larrea, André Evangelista Marques, Josep M. Salrach, Igor Santos Salazar, and Francesca Tinti. (shrink)

Argument is a critical component in policy deliberations. In this study, negotiation is viewed as a type of policy deliberation, one characterized by attack and defense of proposals, interdependence between disputants, and mixed motives of cooperation and competition. Argument in negotiation, then, functions as a reason-giving activity to enact policy. Employing a category system based on rhetorical stasis, the researchers examine whether bargainers specialize in their use of argument types and whether this specialization remains consistent throughout a teacher-school board negotiation (...) and whether it differs for the type of settlement of agenda items. Results of the study suggest that bargainers specialize in argument types at different times during the bargaining. In the early stages of negotiation, teachers center on harm and workability arguments to prepare their case and justify the merits of their proposals, but in the latter phases of bargaining they switch to arguments on implementation to reaffirm their demands and to prioritize issues. Board members, in the early stages, rely on disadvantage, workability, and implementation arguments to establish resistance points and to refute appeals for change, but in the latter stages of negotiation they employ harm-inherency and disadvantage arguments to weigh the costs of concessions and to rationalize the settlement. This study, then, supports the existence of phase variation in bargaining and argues for a developmental approach in deciphering how negotiators who hold antithetical positions reach mutually satisfactory settlements. (shrink)

Constitutions serve (at least) two central functions. One is to settle certain controversies by offering a definitive solution, such as adoption of a presidential or parliamentary system, a one-house or two-house legislature, or guaranteeing a certain term of years to judicial appointees. Not surprisingly, there is rarely litigation about such solutions, even if one finds them troublesome; instead, one can suggest amending the constitution or even replacing it. A second function is precisely to engender litigation by addressing certain issues—very often (...) involving rights—that don't lend themselves to the kinds of definitive textual solutions similar to those involving structural features of a polity. If the first constitution can be described as a “constitution of settlement,” this second constitution is a “constitution of legal conversation” inasmuch as lawyers constantly dispute the meanings to be assigned such terms as “equal protection,” “human dignity,” and the like. But how does this apply to the preambles commonly, though not always, found in constitutions? Preambles often claim to evoke what binds together the society for whom the constitution is being drafted—religion, ethnicity, histories, languages, or commitments to norms, including universalistic ones. But to what extent are such claims of unity attempts by political elites to marginalize sectors of the society that do not in fact share the attributes in question? In any event, there is nothing “innocent” about constitutional preambles, and they are well worth taking seriously whether or not they are useful to lawyers engaged in litigation. (shrink)

This paper examines the neo-colonial project of Narendra Modi implemented in Kashmir after the revocation of special status on August 5, 2019. The neo-colonial infrastructure supported by the threads of re-classification of legal residents and land designations intends to significantly transform the demography of Muslim majority Kashmir into a Muslim minority, consequently destroying the Muslim identity of the state. The abrogation of Article 370 and enactment of new domicile law has extended the legal and administrative control of New Delhi, making (...) Kashmir indistinguishable from the Indian legal system and leaving no room for the local legislative assembly to make laws beneficial for the state residents. The paper asks how India is implementing the neo-colonial settler agenda in Kashmir. How and to what extent legal and military instruments are employed to disempower Kashmiris from territorial and cultural identity? The paper argues that Prime Minister Narendra Modi is pursuing a neo-colonial settler agenda in Kashmir through ‘destroy and replace,’ which is supported by the neo-liberal agenda, including; new land management policy, new domicile law, spatial planning and development, new settlements of Hindus, authoritative central control, and massive militarization to carry out gross human rights abuses and repression. (shrink)

Collective labour disputes are inevitably related to the institutes of a dispute, since the employees and employers often fail to reach a consensus on a particular issue. Moreover, the employers do not always follow the agreed terms and conditions of the collective agreement. In order to disclose the problems of the settlement of collective labour disputes in Lithuania, it is necessary to analyse the conception and classification of the institutes of dispute, distinguishing the conception of collective labour (...) disputes, the procedure of settlement of such disputes, and possible methods of settlement with the emphasis on the institutes of a strike. This article also seeks to reveal the peculiarities of the cases that settle individual labour disputes, the subject of which at least partially includes the provisions of the collective agreement, and collective labour disputes regarding the legality of strike. (shrink)

Se realizó una intervención comunitaria en el asentamiento rural "El León" de Camagüey basada en los resultados de un estudio anterior. Su objetivo fue implementar un sistema de acciones socio-sanitarias colectadas en un manual que organizó contenidos de antropología socio cultural, psicología y sociología de la salud, fue conducida por profesionales de enfermería cuyo encargo social les asigna una mayor permanencia e intercambio con los pobladores. Se potenció el trabajo comunitario a partir de febrero de 2010. La investigación constituyó un (...) diseño mixto, con un estudio cuasi experimental sin grupo control combinado con métodos cualitativos. La evaluación final efectuada en el periodo 2013-2015 exhibió modificaciones positivas en indicadores del Análisis de la Situación de Salud y el entorno comunitario. Se demostró la importancia de la aplicación de las acciones comunitarias por el personal de enfermería como agente de cambio de desarrollo local y protagonista de sostenibilidad. A community intervention was carried out at the rural settlement "El León". Its objective was to implement a system of actions led by nursing professionals whose social role assigns them longer permanence and interchange with the inhabitants of the community. Community work was fostered from February 2010 with social and sanitary actions based on socio-cultural anthropology, psychology and health sociology knowledge. The investigation had a mixed design, being a quasi-experimental study without control group combined with qualitative methods. The final evaluation, which took place from 2013-2015, showed positive modifications in Health Analysis indicators and community environment. The importance of the application of community actions by nursing personnel as agents of change for local development and sustainability leaders was demonstrated. (shrink)

Resumen: El artículo busca una comprensión de los trabajos académicos acerca de filosofía de la historia desarrollados por Hegel y Friedrich Schlegel a partir del análisis de lo que considera una disputa constante entre idealismo y romanticismo, en la que se encuentran involucradas tanto la idea de una exposición sistemática inherente a la filosofía en tanto ciencia, como así también el recurso retórico a la ironía y el enfrentamiento confesional de los cristianismos posteriores a la Reforma y su concepto de (...) historia universal.: The article aims to reach an understanding of the scholarly work developed by Hegel and Friedrich Schlegel concerning the Philosophy of History, from the analysis of what is considered as a constant dispute between idealism and romanticism, in which the ideas of a systematic exposition, inherent to philosophy as science, as well as the rhetorical resort to irony and the confessional confrontation of Christianities following the Reformation and its universal history. (shrink)

The normative figure in Western feminism remains the liberal autonomous individual of modernity. ‹Other’ women are those who have their freedom to choose restricted. Typically, ‹other’ women are those burdened by culture and hindered by their communities from entering modernity. If we remain in the terrain of thinking about women as vulnerable or imperilled, and some women as particularly imperilled, as we generally do of Muslim women, we remain squarely within the framework of patriarchy understood as abstracted from all other (...) systems. A modernity/premodernity distinction will continue to invade any projects intending to help Muslim women. This paper shows the persistence of the modernity/premodernity distinction in contemporary debates around applying Sharia law to the settlement of family law disputes under the Arbitration Act in Ontario, Canada. I argue below that in their concern to curtail conservative and patriarchal forces within the Muslim community, Canadian feminists (both Muslim and Non-Muslim) utilized frameworks that installed a secular/religious divide that functions as a colour line, marking the difference between the modern, enlightened West, and tribal, religious Muslims. I suggest that feminist responses might have helped to sustain a new form of governmentality, one in which the productive power of the imperilled Muslim woman functions to keep in line Muslim communities at the same time that it defuses more radical feminist and anti-racist critique of conservative religious forces. I end by exploring how this effect could have been restricted. (shrink)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance (...) of power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

“Any bad settlement,” the wise patent litigator Elmer S. Albritton once observed, “is better than a good lawsuit.” Given the notorious strain of court proceedings and the recognition that settlement does not always prove attainable, a popular movement has recently arisen in favor of “alternative dispute resolution” . Indeed it has seemed to many who have participated as committee members, witnesses, or respondents in scientific misconduct cases that there ought to be some method of resolving such matters (...) that is less vexing than traditional adjudication. (shrink)

Under the WTO’s dispute settlement procedures, a party that has been injured by a scofflaw state’s failure to comply with its trade obligations may retaliate against the scofflaw state by withdrawing equivalent trade concessions. Legal and economic commentators generally view retaliation as an economically perverse strategy for enforcing freetrade norms. This Article explores an alternative explanation, arguing that retaliation may provide the optimal enforcement mechanism for trade liberalization given the prevalence of low compliance incentives and high enforcement costs (...) in international cooperation agreements. The Article argues that retaliation is superior to other remedial options because it enables an injured state to inflict maximum political costs on the scofflaw state by mobilizing powerful export groups in the scofflaw state against protectionist policies. Furthermore, this Article shows how the presence of significant protectionist groups in the injured state, which stand to benefit from retaliatory measures, also improves the injured state’s ability to commit to retaliation. Even if states have asymmetric preferences about protectionist policies, retaliation threats can still be credible since there is uncertainty about each state’s retaliation costs. Finally, the Article concludes that contrary to the conventional wisdom, the substantial role of uncertainty in this model indicates that specific performance, and not compensation, ought to be the goal of the WTO’s enforcement mechanism. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in (...) the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between (...) economic actors could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

Disputes and conflicts affect interpersonal relationships. The key factors in resolution are what attitudes people take and what kinds of reconciliation people choose. The paper examines the language of judges from the perspective of Systemic Functional Linguistics, specifically Appraisal System. It presents a case study that is a civil one brought to court in Tahe County in China. The case concerns the conflict and dispute between a chicken raiser and his neighbor. The judge resolved the conflicts and disputes, and (...) the two parties were reconciled. The appraisal analysis of the language used by the two parties explains how conflicts and disputes occurred. The appraisal analysis of the judge's language explains how the mediation succeeded in reconciling the conflicts and disputes. (shrink)

Deformation of ground during tunnelling projects is one of the complex issues that is required to be monitored carefully to avoid the unexpected damages and human losses. Accurate prediction of ground settlement is a crucial concern for tunnelling problems, and the adequate predictive model can be a vital tool for tunnel designers to simulate the ground settlement accurately. This study proposes relatively new hybrid artificial intelligence models to predict the ground settlement of earth pressure balance shield tunnelling (...) in the Bangkok MRTA project. The predictive models were various nature-inspired frameworks, such as differential evolution, particle swarm optimization, genetic algorithm, and ant colony optimizer to tune the adaptive neuro-fuzzy inference system. To obtain the accurate and reliable results, the modeling procedure is established based on four different dataset scenarios including preprocessed and normalized, preprocessed and nonnormalized, non-preprocessed and normalized, and non-preprocessed and nonnormalized datasets. Results indicated that PPN dataset scenario significantly affected the prediction models in terms of their perdition accuracy. Among all the developed hybrid models, ANOFS-PSO model achieved the best predictability performance. In quantitative terms, PPN-ANFIS-PSO model attained the least root mean square error value of 7.98 and a correlation coefficient value of 0.83. Overall, the attained results confirmed the superiority of the explored hybrid AI models as robust predictive model for ground settlement of earth pressure balance shield tunnelling. (shrink)

BackgroundMedical disputes, medical disturbances, verbal and physical violence against physicians, and burnout have reached epidemic levels. They may negatively impact both physicians and the healthcare system. The experience of medical disputes, medical disturbances, verbal, and physical violence, and burnout and the correlates in physicians working in public hospitals in China needed to be investigated.MethodsA nationwide cross-sectional survey study was conducted between 18 and 31 March 2019. An anonymous online questionnaire was administered. The questionnaire included the 22-item Maslach Burnout Inventory-Human Services (...) Survey. We also collected data on demographic and job-related factors, as well as physicians’ experiences of medical disputes, medical disturbances, verbal and physical violence from patients and the patients’ family members.FindingsIn total, 22,213 physicians from 144 tertiary public hospitals in all of China’s 31 provinces completed the survey. The overall burnout rate among the surveyed physicians was 31.28%. Moreover, 33.48% of physicians experienced disputes, 20.86% experienced disturbances, 48.52% experienced verbal violence, and 5.84% experienced physical violence in the past 12 months. Factors found to be significantly associated with burnout included younger age, being divorced or widowed, having a lower educational background, working in internal medicine departments, longer working hours per day, working in general hospitals, being in East China, as well as having experienced disputes, disturbances, and physical and verbal violence.InterpretationClose to a third of the Chinese doctors working in the tertiary hospitals reportedly experienced burnout, and the problem is related to the unsafe working environment caused by the worsening doctor-patient relationship. (shrink)

The Yalta and Potsdam conferences of 1945, which laid the foundations of the modern world order, are considered the highest diplomatic achievements of World War II. At these conferences, all issues relating to the new world order were resolved by the will of the Allies, united in the anti- Hitler coalition. During the final stage of the war, the existing plans for the complete destruction of the Third Reich were coordinated, and the foundation for a new world order after the (...) war was established. The main topics of discussion at the conferences included achieving the complete defeat of Nazi Germany, determining the future of Germany, ensuring the payment of reparations for war damages, establishing a common political line concerning the European states liberated from occupation, and creating an international organization for security and cooperation, with the goal of making it a decisive factor in ensuring the stability of the newly emerging system of international relations. However, after the defeat of the common enemy, the existing disagreements between the Allies- who had united in the anti-Hitler coalition to fight against fascism and militarism- intensified and soon led to a split into two large blocs. The newly formed Yalta-Potsdam system developed under the conditions of a bipolar system of international relations. (shrink)

In his canonical articles Against Settlement and The Forms of Justice, Owen Fiss argues that the erosion of civil litigation harms the deliberative process and the elucidation of public values in society. By revealing the hidden public dimension underlying not only public law litigation, but also the adjudication of private law disputes, Fiss’s argument can be conceptualized as posing a challenge to the public/ private distinction. At the same time, Fiss’s critique reinforces the public/private divide by placing settlement (...) and civil litigation on either side of the borderline. In this Article, we set out to dispel the prevalent depiction of settlement as inherently private, and to challenge the binary logic of the private/public distinction as it is understood to apply to settlement. We show how settlements have the capacity to fulfill each and every one of the public functions attributed to the civil trial, including the elaboration of norms, the discovery of facts, the facilitation of democratic participation, and the creation of public narratives. The functional, process-oriented approach we offer depicts settlement as a device that does not stand in opposition to the promotion of rule of law values - but rather as an institution that enhances the articulation of public norms. Our discussion progresses against the background of three settlement arenas: settlement in the classic civil suit context, structural reform suits, and transnational Holocaust litigation. (shrink)

The controversy of neuroanatomy on the principal structure of the nervous systems, which took place at the end of the nineteenth century, is described. Two groups of scientists are identified: one that favoured the idea of a discrete cellular organization of the nervous tissue, and one that favoured a syncytial organization. These two interpretations arose from different histological techniques that produced conflicting pictures of the organization of the nervous tissue. In an experimental reexamination of the techniques used at the end (...) of the nineteenth century, the present study concerns the impact of these different histological procedures on the controversy about the principle nature of the nervous tissue. This controversy could not be resolved by neuroanatomy itself until the 1950s when electron microscopy was introduced into neurobiology. Thus, in a critical period of the conceptual development of neurosciences, neuroanatomy failed to establish a proper base for an interpretation of the functional morphology of nervous tissues. (shrink)

The article examines entire dispute courses in family interaction with regard to argumentation. The approach is an interdisciplinary one integrating both linguistic conversation analysis and empirical psychology, and leads to a typology of dispute courses. Research is guided by the presupposition that the presentation of an argument depends on two systems, a cognitive one and a motivational one, and that both systems are reflected in the realization of the interaction.Six types of dispute courses were detected and grouped (...) in the dichotomy of more constructive and more destructive courses where the latter were divided again into courses disturbed in topical progress or disturbed in interpersonal relationships. The types were evaluated through quantitative methods referring to an exhausting coding of the utterances in the material used. Quantitative evaluations yield a synopsis of the different dispute courses concerning the kind of mutual interaction control, the argumentation itself, and the argumentation levels of the participants. (shrink)

A general meta-logical theory is developed by considering ontological disputes in the systems of metaphysics. The usefulness of this general meta-logical theory is demonstrated by considering the case of the ontological dispute between the metaphysical systems of Lewis’ Modal Realism and Terence Parsons’ Meinongianism. Using Quine’s criterion of ontological commitments and his views on ontological disagreement, three principles of metalogic is formulated. Based on the three principles of metalogic, the notions of independent variable and dependent variable are introduced. Then, (...) the ontological dispute between Lewis’ Modal Realism and Terence Parsons’ Meinongianism are restated in the light of the principles of metalogic. After the restatement, Independent variable and dependent variables are fixed in both Lewis’ Modal Realism and Terence Parsons’ Meinongianism to resolve the dispute. Subsequently, a new variety of quantifiers are introduced which is known as functionally isomorphic quantifiers to provide a formal representation of the resolution of the dispute. The specific functionally isomorphic quantifier which is developed in this work is known as st-quantifier. It is indicated that how st-quantifier which is one of the functionally isomorphic quantifiers can function like existential quantifier. It is also shown that there is some kind of inconsistency which is unavoidable in stating the ontological disagreement and therefore, paraconsistent logic is a requirement in stating the ontological disputes. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

This article is concerned with how the idea of anachronism can interfere with our thinking about social justice, peace, and human liberation. In the case of Israel/Palestine the idea of anachronism is deployed among liberals, progressives and radical theorists, and activists seeking peace and social justice who express animosity toward religiously motivated settlers and their settlement project. One of the ways in which they differentiate themselves from these settlers is by suggesting that settler actions belong to the past. They (...) also pity Palestinians conceived of as stuck in an oppressive system of settler colonialism that also belongs to the past, preventing them from moving forward. Both perceptions of anachronism limit the ways we can think about human liberation and peace. This article sheds light on a conundrum about who or what belongs to the past, and how thinking in such terms can contribute to the production of a particular moral collective and to the production of enmity. Both perceptions of anachronism frame history as a kind of progress in which peoples or groups might be ranked according to their levels of civilizational attainment, an idea we abandoned long ago as an analytical tool, but seem to have retained as a matter of practical political sympathy and judgment. This temporal conditioning can interfere with the thinking of even some of the most progressive social theorists, and mimics a colonial impulse. (shrink)

La dispute LIV acheve l'ensemble monumental des Disputes metaphysiques de Suarez publiees en 1597. L'etudes des etres de raison (intentions logiques, relations logiques) constitue l'aboutissement de la division ontologique effectuee entre l'etant fini et l'etant infini a la dispute XXVIII. Alors que la metaphysique est identifiee a une science de l'etant comme etant reel, comment rendre compte de l'etude des etres de raison, de leur etantite et de leur fonction dans le systeme du savoir, sans remettre en question (...) la legitimite de ce dernier? (shrink)

This essay presents the analysis of conflict history over freshwater in several drainage basins across the planet. As will be demonstrated in this essay, unilateral water policies have proved to reduce the role and prospect of water treaties and international water sharing regimes, and led to political tensions and conflicts. Using the case studies of conflict history in the Aral Sea Basin, the Jordan River Basin, the Ganges-Brahmaputra River system and the Tigris-Euphrates River Basin, the author assesses a conflict potential (...) and underscores that the necessity for sustained basin wide water treaties will increase along with the growing demand for freshwater. The central argument of the essay is that unilateral diversions of water flows will instigate wars between riparian states because of the rising demand for freshwater in the future. (shrink)

The bitter, public contest for priority over the discovery of the virus that causes AIDS was officially closed in 1987 with equal credit being awarded to two parties from opposite sides of the Atlantic. One was led by Robert C. Gallo of the Laboratory of Tumor Cell Biology at the National Cancer Institute in the United States and the other was led by Luc Montagnier of the viral-oncology unit at the Pasteur Institute in France. Using citation counts from articles published (...) by the scientific community, a process of alloca tion of credit is examined and compared with this official settlement. A novel pattern emerges. It is found that the scientific community began to redistribute priority when the dispute became highly publicized and took little notice of the official settlement. This, along with the fact that Gallo has now officially been charged with misconduct by an investigative committee, may mean that Montagnier's team may eventually receive sole creditfor the discovery of the AIDS virus. The importance of examining priority disputes from many different angles and the potential for citation analysis in such cases are highlighted. (shrink)

In this paper we show how dialogue-based theories of argumentation can contribute to the construction of effective systems of dispute resolution. Specifically we consider the role of persuasion in online dispute resolution by showing how persuasion dialogues can be functionally embedded in negotiation dialogues, and how negotiation dialogues can shift to persuasion dialogues. We conclude with some remarks on how persuasion dialogues might be modelled is such a way as to allow them to be implemented in a mechanical (...) or computerized system of dialogue or dialogue management. (shrink)

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators have observed (...) that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)

Smith moved from Kirkcaldy to Edinburgh late in 1778, after his appointment as a Commissioner for managing His Majesty's Customs in Scotland. We may think it a paradox that this prominent advocate of free trade should end up enforcing the mercantile system, but there was a family tradition of Customs service, and while WN does attack restraints on some branches of trade and encouragement for others, especially in the form of monopolies, Smith was not an across the board economic libertarian. (...) He urged that there were reasons of state, as well as economic considerations, for implementing an efficient collection of moderate duties on imports and exports. In Edinburgh, Smith regularly entertained the intelligentsia and their visitors at a Friday Club and Sunday suppers. (shrink)

As integrators of talents, Catholic family business leaders are strategically positioned to leverage the unique differences of their workforce. Business literature currently emphasizes participatory leadership as best practice. Participatory leadership is insufficient, however, because increasing the number of voices in the decision-making process may lead to higher levels of conflict or disengagement if the voices are disregarded. This paper proposes that the Catholic Social Teaching concepts of subsidiarity and solidarity provide the guiding principles to integrate participation because together they can (...) account for all stakeholders while advancing business goals. To operationalize these principles, this paper suggests that the dispute resolution field has developed analytical frameworks to assess and reimagine current policies, procedures, and culture for dispute resolution and shared decision making. Ultimately, businesses are the training ground to prepare citizens to participate in the public square and contribute to the common good. (shrink)

Various debates in bioethics have been focused on whether non-persons, such as marginal humans or non-human animals, deserve respectful treatment. It has been argued that, where we cannot agree on whether these individuals have moral status, we might agree that they have symbolic value and ascribe to them moral value in virtue of their symbolic significance. In the paper I resist the suggestion that symbolic value is relevant to ethical disputes in which the respect for individuals with no intrinsic moral (...) value is in conflict with the interests of individuals with intrinsic moral value. I then turn to moral status and discuss the suitability of personhood as a criterion. There some desiderata for a criterion for moral status: it should be applicable on the basis of our current scientific knowledge; it should have a solid ethical justification; and it should be in line with some of our moral intuitions and social practices. Although it highlights an important connection between the possession of some psychological properties and eligibility for moral status, the criterion of personhood does not meet the desiderata above. I suggest that all intentional systems should be credited with moral status in virtue of having preferences and interests that are relevant to their well-being. (shrink)

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators have observed (...) that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)