Alternative resolution of individual labour disputes Abstract This thesis deals with alternative ways of solving individual labor disputes. The main reason for choosing this topic was the author's personal experience with alternative methods of dispute resolution in the field of labor conflicts and labor disputes, in particular with mediation, and also the author's opinion on non-fulfilment of the full potential of these methods in individual labor disputes. The work aims to provide a structured overview of the most commonly used alternative dispute resolution methods in the Czech Republic. At the same time, the author deals with hybrid methods that are rarely used in the czech dispute environment. For the sake of clarity, the author tried to maintain a similar structure in the individual chapters. The first two chapters focus on the definition of basic terms such as labor law dispute, ADR and their division and types. The next chapters already focus on the basic and hybrid ADR methods. Space is also devoted to both negotiation, its principles, phases and negotiation approaches, and other methods. The focus of the work lies in the fourth and fifth chapters focusing on mediation and arbitration. The author describes main conceptual features, principles and legislation including some problematic legal...

This article analyses efforts by the state of Oaxaca to mark its border from 1856 to 1912. State officials hoped to demarcate a permanent border along the frontier as a way to delineate a peaceful ending to on-going boundary disputes, some of which allegedly dated to pre-Columbian times. The activity of marking Oaxaca's boundary effectively represented a literal process of Mexican state formation. Oaxaca officials attempted to negotiate the state's jurisdictional limits in cooperation with other federations as well as with their own citizens as they located the parameters of the state and the limits of its authority during the era.

Includes bibliographical references / The absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.

A research report submitted to the Faculty of Commerce, Law and Management of the University of the Witwatersrand, in partial fulfillment of the requirements of the degree Master of Laws in Labour Law, 2018 / The right to strike is entrenched in the Constitutions of both South Africa (the Constitution of the Republic of South Africa 1996,) and Zimbabwe (The Constitution of the Republic of Zimbabwe Act 20 of 2013 as amended). There has been some significant labour law reforms in Southern Africa particularly in Zimbabwe where the right to strike was constitutionally provided for in 2013. Despite the entrenchment of the right to strike in the Constitutions of South Africa and Zimbabwe, there are limitations to this right to strike. It is submitted that workers have rights to strike within the limits of the law but the reality on the ground gives a different picture. While this thesis subscribes to the right of workers to strike, it also argues that the rights of other parties are as important as the rights of the striking workers. In South Africa there is an entrenched culture of violence within industrial action in this constitutional dispensation era.1 In Zimbabwe strike action is severely restricted through various mechanisms like the Public order and Security Act (POSA) 2007.2 An application letter must be sent to the police so that they can grant clearance for the strike. The only notable strikes that were allowed with minimal police intervention was the National Railways of Zimbabwe strike where workers had not been paid their salaries for 15 months3 and that of the Grain Marketing Board where workers had not been paid for more than 24 months.4 There are significant similarities and disparities on how the Labour Relations Act South Africa and the Labour Act Zimbabwe regulate strike actions. It is also apparent that there are inadequacies in the two Acts and that will require some legislative reforms to remedy incidents of unprotected or unlawful strike action. / XL2019

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Communal land disputes have troubled many communities in the world for a long time now (Barak, 2002; UN, 2013; Nolon, Sean, et al. 2013; Najar, I. M, 2014; Eck, K, 2014; Agegnehu, K.S. et al. 2021). In Liberia, these disputes have manifested in various forms including those that may be intra-communal, inter-communal, and those that may occur between a community and a foreign investor or company, or those that may occur between a community and a non-member.    Among the distinct land disputes mentioned supra, land disputes between the community and foreign investors, or in short, community-investors land disputes have received a lot of attention over the past decade. Numerous research and documentation regarding the cause of community-investor land disputes have been researched and documented in Liberia, while intra-communal land disputes have received little attention and it is less understood.   To understand the phenomena, the study used a combination of qualitative and quantitative data collection and analysis techniques. Semi-structured and structured questionnaires were developed for this study. The structured questionnaire was administered to household heads within the study community. While the semi-structured questionnaire was administered to local leaders, key staff of the Liberia Land Authority (LLA), and a member of the CSO working group (CSWG) on land rights reform in Liberia. The number of household heads to participating in the study was determined using Yamane’s sample size calculation formula, and the number of qualitative respondents will be selected using a purposive sample approach. Both methods are elaborated in the methodological section below.  This study aims to understand how intra-communal disputes and how could be mitigated in Liberia   Keywords: Intra-communal, land, disputes, mitigation / <p>This thesis have been approved and graded.</p>

published_or_final_version / Public Administration / Master / Master of Social Sciences

对于转型期中国的劳动争议，为何国家一边推动以法律规则为本位的劳动监管体系，另一边又不断恢复各种软化法律规则约束力的调解机制？为何从中央到地方再到各部门官僚都偏好于以调解的方式来处置劳动争议？而且，为什么90年代以来大规模的建章立制没有提升准司法的裁决率和司法的判决率，反而使得劳动争议的调解率长期居高不下？国家是如何维持强大的调解能力的？劳资双方又为何愿意接受国家的调解？最后，国家对调解的偏好又会对工人维权行动带来什么样的影响？对于上述问题，本文提出一种“司法化与“政治化并行的双向运动的解释框架。虽然转型期的中国国家在司法机构建设、法律制定、等方面显示出一定的“司法化特征，但是与此同时国家也不断将司法体系“政治化，不仅干预和限制司法权力的行使，也在实际执行过程中软化法律规则的约束力。这种双向运动既根源于革命根据地时期和计划经济时期的制度遗产，也因转型期威权政体内部利益分化而不断强化。这两者也给劳资双方塑造了特殊的政治机会结构，既默许资方规避司法诉讼来压制工人维权，也促使工人高度依赖于国家调解来获得有限的经济赔偿。结果，“调解优先成为劳动争议处置的支配性策略，调解机制逐渐替代了劳动监察、行政裁决和司法判决等直接诉诸国家强制性权力的处置方式。这也是长期以来中国劳动争议调解率居高不下的主要原因。这种双向运动分别在宏观层面和微观层面带来了不同的后果。在宏观层面，“调解优先的策略发挥了分化工人的功能，使得制度化维权渠道中的劳动争议日益个体化和原子化。在微观层面，工人们“准司法化的维权观与国家“去司法化的维稳观之间产生了激烈的张力，形成了“挤出效应，迫使越来越多的维权工人退出法庭并走向街头，采取直接的、对抗性的、激进的、乃至暴力化的抗争行动。 / An expansion of mediation in China’s labor disputes resolution has gathered significant momentum since the middle of the 2000s. This tendency stems from the state’s long-term dependency on politicized mediatory measure to contain labor’s disruptive impulses. And the fragmentation of interests inside the authoritarian regime further marginalizes laws and judicial institutions in resolving grievance. These two factors have together shaped a political opportunity structure as “mediate first for both the labor and capital, and consequently, given a great impetus to the Grand Mediation campaign. By mobilizing grass-roots and non-judicial mediatory agencies to proactively intervene in labor conflict, the Grand Mediation has reinforced the state’s capacity in managing contentious issues without resorting to either heavy handed repression or adversarial litigation. However, regarding the contradiction of the politicized mediation with workers’ judicialized preference, the state’s over-reliance on mediation may impel workers to alienate from institutionalized channel and subsequently deteriorates China’s industrial relation. It is further argued that the prevailing of Grand Mediation may trigger off disruptive and violent labor protests in the long run. All in all, the tendency of “mediate first reveals a dual trajectory as strong politicization and weak judicialization in contemporary China. / Detailed summary in vernacular field only. / 庄文嘉. / "2013年6月". / "2013 nian 6 yue". / Thesis (Ph.D.)--Chinese University of Hong Kong, 2013. / Includes bibliographical references (leaves 245-264). / Abstract in Chinese and English. / Zhuang Wenjia. / Chapter 第一章 --- 研究设计 --- p.1 / Chapter 1.1 --- 研究问题 --- p.1 / Chapter 1.2 --- 概念界定 --- p.2 / Chapter 1.3 --- 研究方法 --- p.4 / Chapter 1.4 --- 论文结构 --- p.7 / Chapter 第二章 --- 文献评述 --- p.12 / Chapter 2.1 --- 中国研究中有关劳资关系中国家角色的讨论 --- p.12 / Chapter 2.2 --- 中国研究中有关调解机制的讨论 --- p.18 / Chapter 2.3 --- 比较政治学中有关威权政治司法化的讨论 --- p.28 / Chapter 第三章 --- 制度遗产 --- p.38 / Chapter 3.1 --- 1912-1948年:“调而不停的工潮 --- p.39 / Chapter 3.2 --- 1949-1955年:理想国的改造 --- p.49 / Chapter 3.3 --- 1956-1985年:人民内部矛盾 --- p.56 / Chapter 3.4 --- 1986-1992年:先发制人 --- p.61 / Chapter 3.5 --- 1993-2007年:内忧外患 --- p.69 / Chapter 3.6 --- 2008-2012年:抗争与维稳 --- p.80 / Chapter 3.7 --- 小结 --- p.87 / Chapter 第四章 --- 地方利益结构 --- p.93 / Chapter 4.1 --- 保护地方投资环境和扩大财稅收益 --- p.95 / Chapter 4.2 --- 回应上级维稳压力 --- p.99 / Chapter 4.3 --- 克服行政资源不足和改善治理能力 --- p.103 / Chapter 4.4 --- 应付绩效考核和缓解工作压力 --- p.106 / Chapter 4.5 --- 走向“大调解 --- p.108 / Chapter 4.6 --- 小结 --- p.114 / Chapter 第五章 --- 法律(潜在)使用者的支持程度 --- p.117 / Chapter 5.1 --- 对调解者的强政治信任 --- p.119 / Chapter 5.2 --- 操作化 --- p.125 / Chapter 5.3 --- 经验发现 --- p.135 / Chapter 5.4 --- 小结 --- p.138 / Chapter 第六章 --- 调解何以优先 --- p.142 / Chapter 6.1 --- 不运用法律的法律运用 --- p.142 / Chapter 6.2 --- 操作化、数据与方法 --- p.146 / Chapter 6.3 --- 经验发现 --- p.153 / Chapter 6.4 --- 小结 --- p.161 / Chapter 第七章 --- “调解优先的宏观影响：分化效应和制度内抗争的个体化 --- p.164 / Chapter 7.1 --- 转型期中国的集体性劳动争议 --- p.167 / Chapter 7.2 --- 假设与操作化 --- p.172 / Chapter 7.3 --- 经验发现 --- p.182 / Chapter 7.4 --- 小结 --- p.186 / Chapter 第八章 --- “调解优先的微观影响:挤出效应和制度外抗争的暴力化 --- p.188 / Chapter 8.1 --- “准司法化的维权观和“去司法化的维稳观 --- p.189 / Chapter 8.2 --- 操作化与方法 --- p.196 / Chapter 8.3 --- 经验发现 --- p.201 / Chapter 8.4 --- 小结 --- p.210 / Chapter 第九章 --- 结论：调而不解的劳动争议 --- p.211 / Chapter 9.1 --- 研究发现 --- p.211 / Chapter 9.2 --- 研究贡献 --- p.219 / Chapter 9.3 --- 研究局限性与下一步研究计划 --- p.225 / Chapter 附录1 --- 2012年广州四区外来工抽样调查执行问卷 --- p.228 / Chapter 附录2 --- 2008年至2012年在广东省田野调查中的访谈目录 --- p.243 / 参考文献 --- p.245