Global ETD Search

551	Bloggers and Their Impact on Contemporary Social Movements: A Phenomenological Examination of the Role of Blogs and Their Creators in the LGBT Social Movements in Modern United States Huen, Bobby K. 01 January 2015 (has links) The Internet is a ubiquitous feature in everyday life, but its application to social movements has yet to be completely understood. This phenomenological study examines the lived experiences of bloggers who focused on the gay, lesbian, bisexual, and transgender (LGBT) movement in the United States to understand the impact bloggers and their work as online activists have on existing LGBT social movement organization and operation. Data collection is gathered from semi-structured and open-ended interviews with four social movement bloggers using web-conference software over the course of three months. The results of this study indicated that internet has empowered individual activists, allowing them to gather a following and share their views to a large audience over the web, independent from existing social movement organizations. Consequently, bloggers and online activists maintain a relationship with existing social movement structure that is both collaborative and antagonistic. The results of this study contribute to the current understanding of social movement organizations as well as the impact of technological innovations on social movement advocacy. Bloggers and Blogs Conflict Resolution Internet LGBT Social Minority Groups Social Movements LGBTQ studies Political science Alternative dispute resolution American Politics Communication Technology and New Media Critical and Cultural Studies Feminist, Gender, and Sexuality Studies Peace and Conflict Studies Policy Design, Analysis, and Evaluation Political Science Social and Behavioral Sciences Social Media Social Policy Speech and Rhetorical Studies
552	我國團體協約法中誠信協商義務之探討—兼論美國法之規範 / The duty to bargain in good faith in Taiwan：with a discussion on The U.S.A. 謝佳珣 Unknown Date (has links) 為落實勞工團結權、團體協商權及爭議權，我國於2007年起陸續修正《工會法》、《團體協約法》及《勞資爭議處理法》，於2010年5月1日起施行，且參考美國與日本之立法，建立不當勞動行為裁決機制，以保障勞工權利不受侵害。勞動三法修正對於集體勞資關係帶來重大影響，其中一項即為誠信協商制度之導入。根據修正後《團體協約法》第6條第1項之規範：「勞資雙方應本誠實信用原則，進行團體協約之協商；對於他方所提團體協約之協商，無正當理由者，不得拒絕。」規定今後勞資任一方若向他方請求協商時，他方不僅有回應的義務，且須以誠實信用原則為之。由於此制度我國尚處於起步之階段，許多問題須進一步檢討釐清。因此，本文首先說明目前《團體協約法》所規範之團體協商制度，再從裁決委員會之裁決決定書當中，整理及分析我國實務上拒絕誠信協商之態樣。另外，再輔以說明美國法上誠信協商義務以及協商事項之重要類型、提供協商中必要資料義務之範圍，作為對我國誠信協商制度之啟示。 / To implement the right of employees to organize, bargain collectively, and strike, the government has revised “Labor Union Act”, “Collective Agreement Act” and “Act for Settlement of Labor-Management Disputes” since 2007, and finally has been in place since May 2011. In addition, the Labor Dispute Resolution Scheme for unfair labor practices also be structured by reference to the legislation of United States and Japan, to protect people from unfair labor practices. One of the biggest influences in the collective labor-management relations after the Legal amendments is to establish the principle of bargaining in good faith. According to Section 1 of Article 6 of the newly amended Collective Agreements Act, both the labor and the management shall proceed in good faith when bargaining for a collective agreement; any party without justifiable reasons cannot reject the collective bargaining proposed by the other party. Because it’s the first time to implement the institution in Taiwan, there are many questions in need of clarification. Therefore, this Article intends to introduce the collective bargaining scheme under the current Collective Agreements Act, and also sort out the decision of the Labor Dispute Resolution Scheme for unfair labor practices, attempt to analysize of the aspect of refusing to bargain in good faith in the practice. Moreover, the article is supplemented by the obligations and the important types of bargaining in good faith, the obligation of providing information necessary for the bargaining in the process in Unites States labour law, expected to have implications in Taiwan. 不當勞動行為不當勞動行為裁決機制裁決制度團體協約法團體協商誠信協商誠實信用原則必要資料義務 Unfair Labor Practices Collective Agreements Act Settlement of Labor Disputes Act Labor Dispute Resolution Collective Bargaining Bargaining in Good Faith
553	Teoria dos jogos e relações internacionais: estratégias da governança mercantil global. Uma análise da convenção das Nações Unidas para os contratos de compra e venda internacional de mercadorias à luz de sua vinculação ao Brasil / Game theory and International Relations: Strategies in Global Trade Governance. An analysis of the United Nations Convention on Contracts for the International Sale of Goods in light of its ratification by Brazil Damiani, Gerson Denis Silvestre Duarte 08 August 2014 (has links) A presente tese evidencia o estado da arte da Teoria Jogos nas Relações Internacionais, e analisa estratégias de negociação decorrentes de processos decisórios no âmbito comercial. Ao delimitar - em tempo e espaço - a trajetória da Governança Mercantil Global, confere-se posição de destaque à Convenção de Viena de 1980 (CISG), regime dotado de ampla legitimidade, concebido sob a égide das Nações Unidas e recém ratificado pelo Brasil. A análise do referido processo de vinculação dá-se a partir de instrumentos metodológicos conferidos pela Teoria dos Jogos, culminado com a apresentação dos limites do modelo e de alternativas viáveis para seu desenvolvimento. / The present thesis sheds light on contemporary game theoretical approaches in International Relations, in particular as they pertain to the role of strategy setting in cross-border trade. The study of Global Trade Governance leads to questions of regime legitimacy, culminating with the adoption of the 1980 United Nations Vienna Convention on Contracts for the International Sale of Goods (CISG), recently ratified by Brazil. The analysis of the aforementioned ratification process validates the threshold of game theory as its stands today, and proposes, on the other hand, viable alternatives for the development of the model. CISG CISG Comércio exterior Conflict resolution Convenção de Viena Decision making Direito do Comércio Internacional Direito Internacional Privado Direito Mercantil Internacional Dispute resolution Equilíbrio Nash Estratégias Game Theory Global governance Governança global International Private Law International Relations International trade International Trade Law Nações Unidas Nash Equilibrium Processo decisório Ratificação Ratification Regime Internacional Relações Internacionais Resolução de conflitos Resolução de controvérsias Stategies Teoria dos Jogos UNCITRAL UNCITRAL United Nations Vienna Convention
554	Tsenguluso ya mbambedzo ya thandululo ya thaidzo dza mafhungo a ṱhalano khoroni dza musanda na khothe dza muvhuso tshiṱirikini tsha vhembe, vunḓuni ḽa Limpopo Ntshauba, Siwethu Thomas 12 1900 (has links) In Venda with English abstract / Hei thyisisi i vhambedza thandululo ya thaidzo dza mafhungo a ṱhalano khoroni dza musanda na khothe dza muvhuso. Saizwi Ndayotewa ya Riphabuḽiki ya Afrika Tshipembe, mulayo 108 wa 1996, i tshi ṋea muṅwe na muṅwe pfanelo dza u shumisa luambo lune a lu takalela, nyambo dzoṱhe dza tshiofisi dzi tea u shumiswa u lingana kha thandululo ya thaidzo dza ṱhalano khoroni na khothe. Hei thyisisi i sumbedza nyambo dza English na Afrikaans dzi dzone dzi re na mutsindo musi hu tshi itwa thandulululo ya thaidzo dza ṱhalano ngeno luambo lwa Tshivenḓa na lwa vhaholefhali vha u pfa lu sa pfali. Nga nnḓa ha u ḓiphina nga mbofholowo ya u shumisa Tshivenḓa sa luambo lwa tshiofisi kha u amba, lu shumiswa zwenezwo fhedzi huna muṱalutshedzi wa khothe. Ngauralo, hei thyisisi i khou ita khuwelelo ya uri tshifhinga tsho swika tsha uri muvhuso u ṋee luambo lwa Tshivenḓa vhuiimo vhu eḓanaho na nyambo dza English na Afrikaans na uri ulu luambo lu shumiswevho kha thandululo ya thaidzo dza mafhungo a ṱhalano khothe dza muvhuso. / This thesis compares the conflict resolution in divorce discourse between traditional and government courts. It argues that since the Constitution of the Republic of South Africa Act no 108 of 1996 has given everyone the right to use the language of his or her choice, all official languages must be used equitably in conflict resolutions in divorce discourse in both traditional and government courts. Most of the Vhavenḓa, especially the elderly, cannot speak more than one official language and this is relevant in conflict resolution. This thesis contends that conflict resolution in divorce discourse is mainly dominated by English and Afrikaans while Tshivenḓa as well as sign language is not used. Instead of enjoying the freedom of utilizing Tshivenḓa as a spoken official language as used by the court interpreter. Therefore, this thesis argues that time has come that government courts accord equal status to all official languages and that Tshivenḓa language should be utilized as English and Afrikaans in conflict resolution in divorce discourse. / African languages / D. Litt. et Phil. (African Languages) Khoro ya musanda Vhamusanda Mukoma Gota Musanda Khothe dza muvhuso Thalano Muhaṱuli Ramilayo Madzhisiṱaraṱa Mutshutshisi Munna Musadzi Musalauno Mvelele Maitele Khotsimuhulu Khotsimunene Makhadzi Ndaṱiso U ṱalela Vhaambi Vha luambo Vhukoni ha u amba Nyambedzano na mbudzisavhathu 496.39768033461660269 Venda language -- Translating
555	Dealing with cross-cultural conflict in a multicultural organisation: an education management perspective Doerr, Joan C. 30 November 2004 (has links) This study investigated the effect of cross-cultural differences on conflict episodes in a multicultural organisation in South Africa. The sample consisted of seven people, who represented six cultures. The phenomenological method of inquiry was used. Following the data collection process, the researcher identified the sources of conflict, then determined the qualities of leadership which aid in minimizing conflict. The five conflict management strategies were discussed, with further exploration into the use of confrontation and mediation. The researcher believes that the framework for describing conflict management strategies may need to be expanded as cross-cultural interaction is better understood. Finally, the study explored the positive and negative outcomes of conflict. Although many conflicts are costly to an organisation, some conflicts may assist people in cross-cultural understanding. Because diversity is becoming a more pressing issue in the 21st century, most people and organisations are facing the need to effectively communicate cross-culturally. The researcher recommends a three stage diversity training programme, which begins with new employees, then includes all employees and, finally, becomes an ongoing learning process in the organisation. / Education management / M.Ed.(Management) Culture cross-cultural conflict and multicultural organisation South Africa phenomenological approach 305.800968 Group problem solving -- South Africa Dispute resolution (Law) -- South Africa Intergroup relations -- South Africa Organizational behavior -- South Africa Conflict (Psychology)
556	The SADC tribunal and the judicial settlement of international disputes Zenda, Free 09 1900 (has links) The Southern African Development Community (SADC) is a regional economic community established by Treaty in 1992 and comprising fifteen southern African countries. The Tribunal, SADC’s judicial organ, is situated in Windhoek, Namibia and became operational in 2005. The Tribunal enjoys a wide mandate to hear and determine disputes between states, states and SADC, and between natural and legal persons and states or SADC. It is mandated to develop its own jurisprudence having regard to applicable treaties, general rules and principles of public international law, and principles and rules of law of member states. Being new in the field, the Tribunal has not as yet developed a significant jurisprudence although it has delivered a number of judgments some of which are referred to in the study. The Tribunal is expected to develop its own jurisprudence having regard to the jurisprudence developed by other international courts involved in the judicial settlement of disputes. The study offers a comparative review and analysis of the jurisprudence of two selected courts: the International Court of Justice (ICJ) and the Court of Justice of the European Union (ECJ). The focus is on four selected areas considered crucial to the functioning of the Tribunal and the selected courts. The study discusses the parties with access to the Tribunal and compares this with access to the ICJ and ECJ. The jurisdiction of the Tribunal is contrasted with that of the two selected courts. The sources of law available to the Tribunal are discussed and contrasted to those of the two courts. Lastly, the enforcement of law in SADC is contrasted to what applies in relation to the selected courts. In each selected area, similarities and differences between the Tribunal and the two courts are noted and critically evaluated. Further, rules and principles developed by the two selected courts are explored in depth with a view to identifying those which could be of use to the Tribunal. Recommendations are made on rules and principles which could be of use to the Tribunal and on possible improvements to the SADC treaty regime. / Constitutional, International and Indigenous Law / LL.D. Settlement of disputes by judicial means Access to the SADC Tribunal Jurisdiction of the Tribunal Sources of law for Tribunal Enforcement of judgments of Tribunal Jurisdiction of the ICJ Sources of law for the ICJ Enforcement of ICJ judgments Jurisdiction of the ECJ Sources of law for the ECJ Enforcement of EU law 341.522 Southern African Development Community Dispute resolution (Law) Arbitration (International law) International courts International Court of Justice
557	Teoria dos jogos e relações internacionais: estratégias da governança mercantil global. Uma análise da convenção das Nações Unidas para os contratos de compra e venda internacional de mercadorias à luz de sua vinculação ao Brasil / Game theory and International Relations: Strategies in Global Trade Governance. An analysis of the United Nations Convention on Contracts for the International Sale of Goods in light of its ratification by Brazil Gerson Denis Silvestre Duarte Damiani 08 August 2014 (has links) A presente tese evidencia o estado da arte da Teoria Jogos nas Relações Internacionais, e analisa estratégias de negociação decorrentes de processos decisórios no âmbito comercial. Ao delimitar - em tempo e espaço - a trajetória da Governança Mercantil Global, confere-se posição de destaque à Convenção de Viena de 1980 (CISG), regime dotado de ampla legitimidade, concebido sob a égide das Nações Unidas e recém ratificado pelo Brasil. A análise do referido processo de vinculação dá-se a partir de instrumentos metodológicos conferidos pela Teoria dos Jogos, culminado com a apresentação dos limites do modelo e de alternativas viáveis para seu desenvolvimento. / The present thesis sheds light on contemporary game theoretical approaches in International Relations, in particular as they pertain to the role of strategy setting in cross-border trade. The study of Global Trade Governance leads to questions of regime legitimacy, culminating with the adoption of the 1980 United Nations Vienna Convention on Contracts for the International Sale of Goods (CISG), recently ratified by Brazil. The analysis of the aforementioned ratification process validates the threshold of game theory as its stands today, and proposes, on the other hand, viable alternatives for the development of the model. CISG Comércio exterior Convenção de Viena Direito do Comércio Internacional Direito Internacional Privado Direito Mercantil Internacional Equilíbrio Nash Estratégias Governança global Nações Unidas Processo decisório Ratificação Regime Internacional Relações Internacionais Resolução de conflitos Resolução de controvérsias Teoria dos Jogos UNCITRAL CISG Conflict resolution Decision making Dispute resolution Game Theory Global governance International Private Law International Relations International trade International Trade Law Nash Equilibrium Ratification Stategies UNCITRAL United Nations Vienna Convention
558	Child care and contact evaluations : psychologists' contributions to the problem-determined divorce process in South Africa Themistocleous, Nicola 06 1900 (has links) Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated. / Psychology / Ph. D. (Psychology) Best interests of the child Care and contact (custody) disputes Children’s Act (Act 38 of 2005) Clinical psychologists Family dispute resolution Forensic psychology Intersubjectivity Problem-determined system 306.890968 South Africa -- Children's Act, 2005
559	Mindful Movement as a Cure for Colonialism Ganoe, Kristy L. 07 May 2013 (has links) No description available. Aesthetics Alternative Dispute Resolution American History American Studies Art Criticism Art Education Art History Asian American Studies Communication Comparative Cultural Anthropology Dance Education Education Philosophy Ethics Ethnic Studies Fine Arts Folklore Gender Studies Kinesiology Modern History Multicultural Education Peace Studies Pedagogy Performing Arts Philosophy Physical Education Rhetoric Sociolinguistics Sports Management Sustainability Womens Studies World History Aikido Cultural Studies Womens and Gender Studies Decolonial Theory Peace Studies Mindful Movement Martial Arts Transformative Praxis Performance Studies Decolonial Feminist Cultural Studies Consciousness Studies
560	Social structures of contracts - a case study of the Vietnamese market Nguyen, Quan Hien Unknown Date (has links) (PDF) What makes real life contractual arrangements? How does the law influence real life contractual arrangements? These are everyday questions for businesspeople and commercial lawyers. The traditional ‘imperative’ view of law assumes that business people contract ‘in the shadow of the law’ and contractual arrangements conform to what the law says. But empirical studies on contract practice suggest that contract law may, in fact, play a very insignificant role in real life contractual arrangements. This thesis provides a sociological view of the role of contract law in real life contractual arrangements in the context of the Vietnamese market. Specifically, this thesis applies an institutional law & economics approach to investigate how social structures of the market influence contractual arrangements to marginalize contract law in the Vietnamese market. Drawing on two surveys of contract behaviour in the Vietnamese market, this thesis finds that real life contractual arrangements respond to the institutional structure of the market as a whole, rather than only ‘the shadow of the law’. Institutional changes in the Vietnamese market suggest that there exists a merchant law system, constituted of traditional moral norms and social structures in the market. This merchant law system continues to order contractual arrangements in the market, despite the introduction of a transplanted contract law system. Disagreeing with the imperative approach, this thesis claims that contract law reform should conform to the institutional structure of the market to reduce transaction costs of contracting and to provide an effective framework for real life contractual arrangements.

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