The history or the human race is replete with accounts of conflicts that originated in disputes over the ownership of land. Some of these disputes have been between nations, some have been between political subdivisions within nations, and others have been between individual landowners. It is to the latter of these that this writing is directed. In some nations most of the land is owned by a few wealthy people, and it is rented to those in the lower economic group for an annual stipend in agricultural products, money, or some other form of compensation. America is a nation of home owners and landowners which makes the question of adequate property descriptions one of common interest. When the country was first settled this problem was not serious as there was more then enough land for everyone, but as the population density and land values increased, so did the number of disputes over property boundaries. These arguments result in expensive litigation, ill-feeling between neighbors, and, sometimes, murder. People derive a peculiar satisfaction and joy in knowing that "that certain parcel of land" is really their own, and they fight any encroachment, real or imaginary, with dogged determination. In most boundary disputes each person is convinced that he is right, and that the other fellow is the thief. The unfortunate part of it is that the dividing line ie so poorly described that a surveyor has a very difficult time in locating it. Sometimes the evidence is so meager that arbitration is the only alternative. Those intimately acquainted with existing conditions are fully aware of the inadequacies of boundary surveys. Even though land represents a very large percent of the national wealth, it is probably the poorest described and the least negotiable of all forms of wealth. The difficulties involved in the transfer of real estate are out of all proportion to the difficulties involved tn the transfer of other types of property. This situation can be, and should be, corrected. It seems that the logical and intelligent approach would be to determine first wherein the difficulties lie, and then take appropriate and adequate steps to eliminate them. This means, of course, that action will have to replace inertia in order to resolve a tremendous conglomeration of pyramided faults into an intelligible and logical form. / Master of Science

Complex bargaining between domestic and international actors has characterized world trade since the end of World War II. Moravcsik's commercial liberalism explains that trade policy stems from individuals within democracies, who indicate rational preferences to the government. In the structure of Putnam's two-level game, preferences are then aggregated by self-interested government officials who must reconcile constituency interests with pressures from foreign partners to form trade policy. Since 1995, the structure of world trade has been fundamentally redefined by the World Trade Organization (WTO). The Dispute Settlement Understanding has erected a supranational trade judiciary, effectively institutionalizing global increasingly free trade. The independent authority of the WTO has created a three-level strategic game between the domestic, international, and supranational political economic arenas. As illustrated in the softwood lumber dispute and the Boeing-Airbus dispute, the three-level game further empowers a powerful minority to capitalize on a collective action problem in world trade via dispute settlement. Olson's logic of collective action explains the ability of small self-interested coalitions to seek rent from the government, compromising the interests of the latent constituency majority. The result is a politicization of world trade that ultimately threatens the very underpinnings of the WTO itself.

Thesis (MBA)--Stellenbosch University, 2006. / ENGLISH ABSTRACT: In many countries in the world today, Labour Courts have developed as an integral part of the law system arising from the need to afford labour disputes specialised adjudication, independent from the ordinary civil courts. This study presents a comparison of the German Labour Court System and the British Employment Tribunal System, representing the Continental Law System and the Common Law System respectively. In comparing the German Labour Courts and the British Employment Tribunals, the study highlights the special qualities of labour law and why labour disputes are treated differently from other legal disputes. It demonstrates that both systems have attempted to achieve the handling of labour disputes in different ways and proceedings. Similarly, the study reveals that both systems have their pros, cons and limitations and that no system can guarantee an optimal way to achieve a "better" justice. Nonetheless, the study attempts to show that each system can learn from the other's strengths and weaknesses by being open and reasonable to criticism. Another important objective of this study is to determine whether Labour Courts and Employment Tribunals should be maintained as a separate part of the law system or whether to merge them into the ordinary civil courts as some critics feel that such courts and tribunals create added expenses to governments. Furthermore, the study explores other dispute resolution mechanisms that if encouraged, provide additional benefit to labour issues in teoday's complex business environment. As a whole, the study proves that the German Labour Courts and British Employment Tribunals are a quicker, cheaper and better way of achieving justice, preferable to the civil litigation system. It is therefore concluded that such courts and tribunals should be maintained because of their significant successes so far. Furthermore, it is suggested that labour dispute resolution can be further developed through the increased use of mechanisms such as conciliation, negotiation and mediation in the management of organizations today. / AFRIKAANSE OPSOMMING: In baie lande van die wereld vandag, het gespesialiseerde arbeids tribunale ontwikkel as 'n integrale deel van die regsisteem as gevolg van die behoefte om arbeidsdispute te onderwerp aan gespesialiseerde beregting, onafhanklik van gewone siviele howe. Hierdie studie behels 'n vergelyking van die Duitse Arbiedshofsisteem en die Britse "Employment Tribunal" sisteem, wat die kontinentale regsisteem en 'n gemeenregtelike regsisteem respektiewelik verteenwoordig. Deur die Duitse Arbeidshowe en die Britse "Employment Tribunals" te vergelyk, beklemtoon hierdie studie die spesiale eienskappe van arbeidsreg en waarom arbeidsdispute anders as andere regsdispute hanteer word. Dit demonstreer dat beide sisteme probeer het om die hantering van arbeidsdispute op verskillende maniere en deur middel van verskillende prosesse te bereik. Terselfdertyd, wys die studie dat beide sisteme hulle voordele, nadele en tekortkomings het, en dat nie een sisteem 'n optimale manier het om "beter" geregtigheid tussen werkgewer en werknemer te laat geskied nie. Nietemin, probeer die studie wys dat elke sisteem kan leer van die ander se sterktepunte en tekortkominge. 'n Verdere belangrike doel van hierdie studie is om te bepaal of die Duitse Arbeidshowe en Britse "Employment Tribunals" as aparte deel van die regsisteem behoort te voortbestaan, of hulle saamgesmelt moet word met die gewone siviele howe, want sekere kritici voel dat sulke howe en tribunale addisionele koste vir owerhede meebring. Verder ondersoek die studie ander dispuutoplossings meganismes, wat, indien dit bevorder sou word, dalk addisionele voordele in vandag se komplekse besigheidsomgewing kan meebring. In geheel toon hierdie studie dat die Duitse Arbeidshowe en Britse "Employment Tribunals" 'n vinniger, goedkoper en beter manier bied om geregtigheid te bereik en verkies word bo die siviele litigasie sisteem. Die gevolgtrekking is dat sulke howe en tribunale behou moet word as gevolg van hulle sukses tot dusver. Verder word dit voorgestel dat arbeidsgeskilbeslegting verder ontwikkel kan word deur groter gebruik te maak van meganismes soos konsiliase, onderhandeling en mediasie in organisasies.

1 Abstract This thesis aims to transparently elaborate the topic of damages in investment disputes. Chapter One is a brief introduction to the problem. It provides a short clarification of the concept and meaning of arbitration and its importance for the protection of investors; it also describes the principles of modern forms of investor protection. The end of the first Chapter includes a short introduction regarding the sources on damages in investment arbitration. Chapter Two deals with the issue of valuation. At the beginning the author approaches the issue in general, describing the basic terminology and definitions and providing the classification of the valuation methodology (Market-Based Approache, Income- Based Approach, Asset-Based Approach). This is followed by outlining the issues related to the term "market value", when the author focuses on the questions related to the calculation of fair market value, its use in practice, issues related to this use, etc. The next is the theme of damage arising from the breach of a contract and by describing the ways of valuation of the damage arising from the breach of a contract. The Chapter also includes the study regarding the issue of the determination of damages in the absence of the market, and analyses the issue of the moment as at which the valuation...

SUMMARY: MEDIATION OF COMMERCIAL DISPUTES - DOMESTIC AND INTERNATIONAL PERSPECTIVES Dr. Martin Svatoš This paper addresses the mediation and its use in the both domestic and international commercial disputes. The milieu that serves as a source of the problems to be resolved during mediation is a specific one. It demands quick, cost-effective and confidential resolution of complicated disputes involving several parties. In general, this cannot be granted by the traditional ways of dispute resolution - litigation and arbitration. Mediation is regarded as a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. On the other hand, there are several legal and legal-related issues that have to be discussed. And thus, the question that remains to be answered is: Is mediation really as effective as it is told? And in the case of a positive answer - why it is not the most commonly used dispute resolution procedure? The main goal of this thesis is to answer these queries. Its first part focuses on the issue of mediation in general. Quite surprisingly, there is no exact definition of mediation neither in the legal acts, nor in the opinion of the ADR experts. In contrast, plenty of definition can be found after short...

Academically, this study's significance is two-fold. First, by way of comparative study, it proves the applicability of the "Political Process Model" to an authoritarian polity, provided that adjustment is made on the basis of the parameters proposed by Cook (1996). That is to say, political opportunity is rare in a closed political system and only arises in a particular "proximate environment" or a certain specific period of time. It is non-structural. Therefore the opportunity can only be measured by its functionality, which includes the diminution of the possibility of suppression and the access to the polity. In respect of the latter, this study ushers in the new concept of "leverage" to explain how those groups far from the core of power used their numerical strength to successfully challenge the authoritarian colonial government. / Secondly, in the process of sorting out the historical context of the insurgency, it has become apparent to me that since the end of WWII, the colonial government had been actively intervened in the education arena in order to achieve its total domination. Towards that end, the colonial government had laid down political and economic regulations in accordance with its political agenda, established a highly comparable legal and administrative framework. Supported by empirical data, this study casts serious doubt on the validity the political setting of "small government, big family" promulgated by the popular theory of "Utilitarian Familism". It further provisionally confirms that the institutional complex structured by the state together with the ideology of "meritocracy" actively crafted by it ought to be one of the causes of political stability in Hong Kong. The same also provides a plausible explanation of the political apathy of local teachers. / The "Certificated Teachers' Pay Dispute in 1973" ("the Dispute") was, historically the first collective insurgency of indigenous teachers as well as the first industrial action taken by local civil servants. Teachers from publicly funded schools successfully claimed their economic demands from the then colonial administration. Prima facie the subject matter of this study seems to be concerned only with the economic interest of a certain group of people. However, an in-depth inquiry brings to the fore its underlying political theme, i.e. the redistribution of power. Herein I use the "Political Process Model" as the theoretical framework and the "struggling for power" as the conceptual tool to operate the empirical data. This study also verifies that the Dispute was the confluence of two major political processes, namely (1) an unprecedented political opportunity provided by changes in the political structure, and (2) the change of indigenous organizational strength. The notion of "collective grievances" cannot provide a convincing explanation of the issues aforesaid. / The Dispute was a landmark event in local trade union movement. An in-depth investigation can unearth its deep-rooted significance and thereby throw more useful light on local social change. In addition, this study exposes the excessive instrumentality of the local education institution which I think, all educators should critically examine and resist. (Abstract shortened by UMI.) / 余惠萍. / 論文(哲學博士)--香港中文大學, 2005. / 參考文獻(p. 285-297). / Adviser: Wing Kwong Tsang. / Source: Dissertation Abstracts International, Volume: 68-03, Section: A, page: 0948. / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. [Ann Arbor, MI] : ProQuest Information and Learning, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstracts in Chinese and English. / School code: 1307. / Lun wen (zhe xue bo shi)--Xianggang Zhong wen da xue, 2005. / Can kao wen xian (p. 285-297). / Yu Huiping.

Magister Legum - LLM / The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australia respectively. The paper also compares the solutions implemented by RSA and Australia with some internationally recognised solutions. Chapters two and three of the paper discuss the backgrounds and also analyse the solutions to ISDS that have been implemented by RSA and Australia respectively. Chapter four contains the main findings and arguments of the paper. It analyses the strengths and weaknesses of the ISDS solutions that have been implemented by RSA and Australia respectively. One of the main findings of the paper is that retaining the conventional ISDS regime is less beneficial to developing and least developed countries and more beneficial to developed countries, largely due to the differing levels of outward investments that are present in these categories of countries. The paper recommends, inter alia, that, unlike developed countries, developing countries and least-developed countries should abrogate the conventional ISDS regime and only retain it in particular circumstances as explained in chapter five. The paper recommends that ISDS should only be utilised where state-state arbitration would unnecessarily politicise an investment dispute. The paper also finds the use of domestic court as undesirable to investment disputes. The paper recommends mediation as a more balanced avenue for resolving investment disputes.

Internet has become the most efficient method in information dissemination, collaboration and interaction connecting diversity of people, places, ideas and cultures all around the world. With new communication and information technology, Internet has become a pragmatic way for NGOs to share their interests worldwide. Although NGOs have been utilizing the internet, the power of internet-activism is underestimated. Thus, this paper studies Internet-activism as the new method for NGOs to work in terms of territorial disputes. It specifically studies South Korea and Japan’s territorial disputes over Dokdo and Sea of Japan/East Sea that have been causing heated contention over a long time. It studies NGO’s different methods in raising awareness of this issue through a Korean cyber organization called VANK, Voluntary Agency Network of Korea. The purpose of this study is to prove that Internet-activism is an efficient and powerful method for NGOs.

Thesis (MBA)--Stellenbosch University, 2000. / Some digitised pages may appear cut off due to the condition of the original hard copy. / ENGLISH ABSTRACT: This assignment explores the issues surrounding conflict resolution in the South African Public Service and the expression of organised conflict with reference to the 1999 Public service wage dispute and strikes. The public service being part of the generic framework of the public sector is, in terms of employment, South Africa's single, largest employer. National Departments and Provinces reflect almost 70% of the Public Sector. Employment in the public sector used to be considered relatively stable and secure. Public sector employees were thus not seen as requiring protection from retrenchment. Employees had no bargaining rights and functioned outside the ambit of the Labour Relations Act (No 24 of 1956). In 1994, the Government of National Unity realized the importance of the South African public service, the major role it had to play in the reconciliation, reconstruction and development process in South Africa and thus the need for administrative transformation. The Public Service Labour Relations Act 1994 was replaced by the new Labour Relations Act (No 66 of 1995) in 1995. This Act now covers both the private and the public sector workers. The new legislation was an important step towards the creation of a machinery for collective bargaining. The Act made provision for the establishment of a Public Service Coordinating Bargaining Council and provided a model for collective bargaining, based on effective negotiating structures. According to the International Labour Organization, mediation and conciliation procedures are still the most frequent methods for settling economic disputes in the public service. In South Africa, the new Labour Relations Act introduced the Commission for Conciliation, Mediation and Arbitration. Since 1994, several problems have beset most public service workers because of the transformation process and workers started showing increasing interest in unionisation, mostly for the protection and the fulfillment of their needs. Wages were the single most important factor causing labour action and in 1999, a total of 3,1 million man-days were lost due to labour action. According to Ms Geraldine Fraser- Moleketi, minister of the Public Service and Administration, government and the unions should share the process to design a more suitable and manageable system of remuneration policy to prevent disputes such as the 1999 wage dispute in the future. The negotiations on the 1999 wage dispute took place over a record of 140 days. Public service unions rejected government's wage offers several times until the minister unilaterally implemented government's final offer of an average of 6,3% increase. This sent a tremor through the alliance and prompted joint action by Cosatu and Fedusa affiliated unions. Unions were caught completely unaware and dropped their demands from a 10% increase to 7,3%. Public servants took industrial action again, but the government still did not make a new offer. Minister Trevor Manuel warned that the government could not afford further increases. By September, union leaders still had faith that president Thabo Mbeki would indicate that talks would be resumed, but doors for future negotiations did not open. Ms Geraldine Fraser-Moleketi maintained that the government had gone out of its way to ensure a settlement. At the time of writing, the dispute is still continuing. Note: As most of the information regarding the Public Service Wage strike was obtained from the press, all articles referred to are included as an appendix. To facilitate the reference to these articles, a specific form of reference, namely 'PC n', was used in the relevant sections, the prefix 'PC' denoting that a press cutting has been referred to and the subscription 'n' denoting the relevant page number of the article contained in the appendix. The sources of the press cuttings (PC) are contained in the list of sources. / AFRIKAANSE OPSOMMING: Hierdie werkstuk ondersoek die aangeleenthede rondom konflik hantering in die Suid-Afrikaanse Staatsdiens en die uitdrukking van georganiseerde konflik met verwysing na die 1999 Staatsdiens Salaris Dispuut en Stakings. In terme van indiensneming is die staatsdiens in Suid-Afrika as deel van die publieke sektor die grootste enkel werkgewer. Nasionale Departemente en Provinsies reflekteer ongeveer 70% van die Publieke Sektor. Arbeid in die publieke sektor was voorheen redelik stabiel en verseker; dus was daar geen nut vir die beskerming van amptenare teen afdanking. Werkers het geen onderhandelingsregte gehad nie en het buite die raamwerk van die Arbeidswetgewing (No 24 of 1956) gefunksioneer. In 1994 het die nuwe regering van nasionale eenheid die belangrikheid van staatsamptenare en die rol wat hulle moet speel in die rekonstruksie en ontwikkelingsproses in Suid-Afrika besef en dus ook die behoefte vir transformering van die diens ingesien. Die Staatsdiens Arbeidswetgewing van 1994 is vervang deur die nuwe Arbeidswetgewing (No 66 van 1995) in 1995, wat beide staatsamptenare sowel as die privaatsektor insluit. Dit was ook 'n belangrike stap in die bevordering van kollektiewe bedinging. Die wet het voorsiening gemaak vir die vestiging van die Staatsdiens Koordinerings Bedingings Raad en 'n model vir kollektiewe bedinging, gebasseer op effektiewe onderhandelingsstrukture. Volgens die Internasionale Arbeidsorganisasie is mediasie en konsiliasie prosesse steeds die mees algemene metodes vir die hantering van ekonomiese dispute in die staatsdiens. In Suid-Afrika het die nuwe Arbeids Wetgewing voorsiening gemaak vir die instelling van die Kommissie vir Konsiliasie, Mediasie en Arbitrasie. Sedert 1994 het verskeie probleme vir staatsamptenare ontstaan as gevolg van die transformasie proses en amptenare het meer en meer belangstelling getoon in unie lidmaatskap om hulle belange te beskerm. Salarisse is dié belangrikste enkel faktor wat arbeidsonrus veroorsaak. In 1999 het daar 'n totaal van 3,1 miljoen werksdae verlore gegaan as gevolg van stakings. Die 1999 salaris dispuut en onderhandelings het oor 'n tydperk van 'n rekord getal, naamlik 140 dae, geduur. Unies wat staatsamptenare verteenwoordig het op verskeie geleenthede aanbiedinge van die regering van die hand gewys, totdat die minister 'n eenparige besluit geneem het om die finale aanbod van 6,3% salarisaanpassing in te stel. Dit het 'n skudding in die alliansies veroorsaak en het tot die gesamentlike aksie van Cosatu en Fedusa geaffillieerde unies gelei. Die unies is onkant betrap en het hul versoek van 'n 10% verhoging na 7,3% verminder. Staatsamptenare het weereens oorgegaan tot arbeidsaksie; terwyl die regering by hul finale aanbod gebly het. Minister Trevor Manuel het gewaarsku dat die regering nie meer kon bekostig nie. Teen September was vakbondleiers nog steeds hoopvol dat president Thabo Mbeki 'n aanduiding sou gee om met onderhandelings voort te gaan, maar die deure vir onderhandelings was gesluit. Minister Geraldine Fraser-Moleketi het volgehou dat die regering uit hul pad gegaan het om 'n ooreenkoms te bereik. Ten tye van skrywe was die geskil nog nie opgelos nie. Nota: As gevolg van die feit dat die meeste inligting aangaande die 1999 Staatsdiens Salaris Dispuut en Stakings uit die pers verkry is, word die artikels waarna verwys word, ingesluit as 'n bylae. Om die verwysing na hierdie artikels te vergemaklik, is 'n spesifieke formaat van verwysing gebruik, naamlik 'PC n'. In hierdie verwysing verwys die voorskrif 'PC' na 'n media artikel. Die letter 'n' verwys na die relevante bladsy nommer wat aan die artikel toegeken is. Die bronne van die persartikels verskyn in die bronnelys.

The Federal government's involvement in railroad labor disputes was one of the earliest examples of government intervention in the economy. Initially, when the economy was crippled by railroad strikes in the late nineteenth century, the government stepped in and crushed them with troops and injunctions. The Federal government's other approach was legislative, beginning with the passage of the Arbitration Act of 1888. As the first piece of Federal arbitration legislation, it had a significant impact on the development of subsequent labor legislation, such as the Railway Labor Act of 1926 and the National Labor Relations Act in 1935. Several methods are used to assess the impact and importance of the Arbitration Act. First, the political economy of the Arbitration Act is examined. Railroad owners opposed this legislation, fearing it would hinder their ability to hire, fire, and deal with striking workers. Organized labor favored arbitration, viewing such government intervention as providing a mandate that would compel, even force, employers to recognize unions. The ability of these constituent groups to influence their elected representatives is quantitatively tested using a simple model of legislative choice. The Arbitration Act was viewed as harmless, and even useless, by many Congressmen. Whether this legislation was effective is an important investigation. Two approaches are used to assess the impact of the legislation. The first uses a monthly index of railroad stocks to investigate how the expected future profitability of railroad firms was affected. The price of railroad stocks fell, which implies that the legislation was expected to reduce future profits. Investors felt that this legislation did not serve the best interests of railroad capital. The second approach examines how the passage of arbitration legislation affected strike frequency and duration. The analysis of the impact of the Arbitration Act confirms that the mere presence of arbitration procedures can lead to an increase in strike activity. Evidently, the relative costs of railroad strikes were lowered, thus increasing strike activity. The imposition of legislated bargaining procedures can produce unexpected results, as illustrated by the Arbitration Act's effect on railroad strikes.