This research examines environmental dispute resolution as applied to Superfund site cleanup and how the use of collaborative dispute resolution approaches, in particular Alternative Dispute Resolution and Community Involvement, are related to a community's socioeconomic and demographic profile. It examines the sociodemographic characteristics of residents living in census tracts containing Superfund sites in relation to the type of dispute resolution technique used. I hypothesize that collaborative dispute resolution techniques, as opposed to traditional settlement and/or litigation, are less likely to occur in Superfund communities with high poverty levels and high minority populations than in those with low poverty levels and low minority populations. Although minority and lower class communities are less likely to be placed on the National Priorities List (NPL), are slower to be cleaned up once on the NPL, and experience lower quality cleanups (O'Neil 2005; Sigman 2001; Omohundro 2004), the findings of this research indicate that the dispute resolution processes studied here do not contribute to such environmental clean up injustices. Minority status and poverty levels do not impact the likelihood that collaborative dispute resolution will be used in settling Superfund disputes. This analysis does show a significant correlation between education and the use of collaborative dispute resolution. Superfund communities in which residents have low educational attainment are less likely to use collaborative dispute resolution. Low educational levels may be the paramount disadvantage to overcome in the use and successful implementation of collaborative dispute resolution.

This thesis deals with out-of-court dispute resolution within international business transactions. Its goal is an analysis of those methods of dispute resolution that may be encountered both in practice and specialized literature and determination of their basic characteristics that allow comparison. The thesis is divided into six chapters. The first two chapters are of general nature and specify the content of the given topic. The third chapter establishes the framework of relevant law and the subsequent chapters are concerned with the online dispute resolution with the help of modern technology. The first chapter is composed of three parts. The first part defines the notions of out-of-court dispute resolution and alternative dispute resolution (ADR) and explains the relation between those two notions that are not considered synonymous. The second part describes the common features of the out-of-court dispute resolution methods. To the contrary, the third part points out the differences between them and groups the particular methods based on various criteria. The second chapter defines the international business transactions and focuses on international or foreign element and its determination. The third chapter provides an overview of the legal framework relevant to the topic. In its four parts...

The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis.

En el contexto de las disputas de construcción bajo la Cláusula 20° de los modelos contractuales FIDIC, este artículo analiza una situación muy particular de conflicto entre las funciones de un dispute board y las atribuciones de un árbitro de emergencia y sus implicancias en el contrato.

The case of Baby MB (An NHS Trust v MB (A child represented by the CAFCASS as Guardian ad Litem) [2006] EWHC 507 (Fam) [2006] 2FLR 319 reveals some of the difficulties faced by persons of faith when they are involved in legal proceedings in the English law courts. It raises the question of whether faith is relevant when decisions are taken in court, and if so how it is relevant. What high profile healthcare cases like this also illustrate is that there are legal cases that involve not just legal issues, but also ethical and faith issues. However, when these cases come to court they are framed as though they are primarily legal disputes that require a purely legal solution. While judges address the legal issues, they are reluctant to address the ethical and faith issues, and if they do address the ethical and faith issues, they address them in strictly legal terms. These difficulties are not restricted to one faith but encompass all faiths, and they are not restricted to litigants but also include representatives of Christian churches who make submissions to court. Although the difficulties are often revealed in healthcare cases they are not restricted to these cases but include other types of legal case and extend to employment tribunals. These cases raise important questions about how courts and tribunals deal with persons of faith, how we understand conflict and resolve disputes, the nature and aim of law, the relationship between law, ethics and religion, the role of judges, and how we perceive and deal procedurally with cases that involve issues of faith. This thesis will explore these issues, and discuss whether room can be made for faith in English Dispute Resolution proceedings, and if so, how this might be accomplished.

The proliferation of regional trading agreements around the world has changed the landscape of international trade law from a multi-polar system anchored in the nationstate to one where there are groups of closely-knit sovereign nations. They are usually drawn along geographical lines and are conducting trade with one another in a myriad of ways. This craze for trade deals is sure to give rise to disputes that are an inescapable outcome of the bilateral, regional and international agreements that contain the will of these nations to engage in greater co-operation with one another. As such, it has become necessary to design reliable dispute settlement mechanisms for the settlement of trade related disputes for the effective functioning of the trading agreements. Dispute settlement systems have progressed from being unsophisticated and diplomacy oriented as typified by that of the GATT to the highly legalized adjudication based mechanism that is the crowning glory of the WTO. This trend has been followed by other trading organizations that have modified their dispute settlement mechanisms to become more legalistic. CARICOM is a reborn regional trading bloc in the Caribbean and in lock step with the trend of other trading clubs has augmented its dispute settlement mechanism with a long awaited regional court and other non-binding alternative dispute resolution methods to avert legal clashes. This thesis examines the progress of the CARICOM dispute settlement mechanism from its originally diplomatic procedures to its enhanced legalistic system. A standing judicial institution in CARICOM is a coming of age for this region and its jurisprudence now referred to as CARICOM law. These significant legal advances raise many normative questions about the adequacy of the dispute settlement institutions and whether the rules and processes are clearly defined to enable nascent CARICOM law to be the primary tool by which there can be effective regulation of CARICOM integration. In order to answer these questions this thesis reviews the dispute settlement mechanisms of the WTO and the EU as the natural ‘parents’ of the CARICOM dispute settlement system.

This thesis explores the practice of family mediators when screening for domestic violence during mediation. Mediation Information and Assessment Meetings (MIAMs) and Joint Mediation Meetings (JMs) were recorded between April 2010 and January 2011, by four mediators who mediate for National Family Mediation (NFM) affiliated services in the South of England. These meetings were analysed from the mother’s perspective, using qualitative and quantitative analysis. The themes for analysis were taken from the Duluth Domestic Abuse Intervention Programme (DDAIP). It was found that mediators did initially screen for domestic violence during the MIAM, using the guidelines published by NFM; that screening was focused on the clients perception of the abuse and not the mediators interpretation of the abuse. The published expectation for screening to be ongoing throughout mediation was explored during the analysis of the joint meetings. There was evidence that abusive behaviours were alleged or inferred during those meetings and there was also evidence that the abusive behaviours and the emotions expressed by the mothers were managed by the mediators. There was no clear evidence that the mediators were proactively screening for domestic violence during the joint meetings save for reacting to and managing the impact and effect of the negative behaviours. This study concludes that mediators do not routinely screen for domestic violence during joint meetings, therefore guidance and training for ongoing screening during joint mediation meetings is needed. The current guidance and policy for screening needs to be reviewed.

No description available.

Le consentement dans l’arbitrage des litiges sportifs témoigne des mutations profondes que subissent les piliers du droit dans le domaine économique. L’unilatéralisme visible des puissances sportives supplante nettement le bilatéralisme où, en principe, la fusion paisible des volontés donne naissance aux conventions. Mus par la recherche de l’efficience, les pouvoirs privés sportifs s’emparent du consentement, le mettent résolument à leur service au point que leur arbitrage se rapproche plutôt du sens qu’y donnent les économistes. La convention issue de ce consentement rime plutôt avec les contrats économiques. L’automaticité des effets liés à ce consentement nie à l’arbitrage ainsi institué le minimum de légitimité dont il a besoin. Le juge du for en a enfin pris conscience et c’est heureux ! Mais c’est sur les arbitres du TAS que repose le plus grand travail nécessaire à sa légitimation. / Consent in the arbitration of sports’ litigation clearly highlights the important changes which in economic domain, that affect the pillars upon which regulations are laid. The unilateralism of sports authorities is noticeable as they breach the rule of bilateralism by which a peaceful merge of consent may likely lead to agreements. Private sports authorities fascinated by efficiency grasp and own consent as to serve their interest; therefore the arbitration process thoroughly diverted from its target likely slips onto economic ground. Agreement which is laid upon such consent rhymes with economic contracts. The certainty of the effects attached to such consent impairs the legitimacy of the arbitration process. The court judge has finally appreciated and approved that view and that is exciting. However, a thorough legitimation of the arbitration process is the TAS arbitrators’ responsibility.

Thesis (J.S.D.)--Stanford University, 1997. / Includes bibliographical references (leaves 101-105). Also available online.