This Dissertation is focused on issues concerning the position of an expert in international arbitration proceedings and in international investment disputes. Unlike proceedings conducted before general courts of law, arbitration proceedings have a number of advantages, and therefore they are used very often to resolve disputes in this area, and arbitration proceedings are used almost exclusively with regard to resolution of disputes relating to international investments. The aim of the Dissertation was an analysis of dispute resolution in arbitration proceedings from the expert's point of view and the expert's position in this procedure. It is without any doubt that experts can help arbitrators to reach a qualified resolution of disputes in a significant way. At first, the Dissertation deals with general and historical issues, such as comparison of methods of dispute solution where an international element appears, in both arbitration and judicial proceedings, and it lists the advantages of arbitration proceedings as well. After specification of the term "expert", the Dissertation provides a view into the expert's profession history in the territory of our country and into its legal regulation. With regard to our membership in the European Union it is, of course, necessary for the Dissertation to...

The theme of this thesis is the assessment of the prerequisites for the pluralism of law and non-state justice systems to improve the possibilities of solving disputes in society. The main research question is whether non-state justice systems fulfil a social role in providing justice. The thesis should offer a descriptive analysis of the concept of legal pluralism and methodological procedures for the inclusion of non-state justice systems in the state. The outcome of the work should be an overview of the possibilities of interaction between different legal systems, whether formal or customary, of the different ways of resolving disputes in this environment, and of the contribution of such proposals to the reform of the legal environment that count on the real situation in society. The thesis of procedural pluralism and participatory methods of solving disputes that have a user, a citizen in the center of these systems is offered as a starting point for new designs. The final part of the work will therefore explore current approaches to improving legal systems that aim to increase participation of user based on their needs, and will include some cases for comparing individual programs to improve legal systems.

The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...

Made available in DSpace on 2016-04-27T19:31:51Z (GMT). No. of bitstreams: 1 Salvador Tavares de Moura.pdf: 942500 bytes, checksum: 3362699397240f73a7bec3ad9ab95020 (MD5) Previous issue date: 2008-06-20 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This paper is proposed to discuss the relations of work and the living conditions of workers in the gold mining camps of Serra Pelada, in southeastern Pará, from the memory of the mining's workers. Thus, from the experiences, we can understand the workers in their relationship with the authorities and with the different workers. This reflection allows questioning the past and confronts the different memories of the mining's workers with each other, and with the authoritarian practices of the military regime in the administration of gold mining camps in the years 1980. In this process, the struggle for land indicates how the memory is an argument and builds the place in the formation of consciousness of the miners through the experience. This perspective indicates an intentional choice to deal directly with sectors that had few opportunities to exhibit their point of view. Thus, the role of narrators and the relationship between them and the researcher becomes the object of reflection, and the evidence shows the complexity of the place where the narratives are legitimate and earn meanings. The intention is the visibility to the struggle of the miners of Sierra Pelada from the plurality of memories, their living conditions and housing of today. The present, thus, turns into the right to the memory, the question of how public politics in relation to miners mix itself in the dispute by hegemony, muting projects and alternative possibilities of building other different histories of which were submitted. It discusses the construction of the images on the gold mining camps and the construction of the Carajás region from different perspectives and interests. Furthermore, a revision in the literature on the subject of gold mining camps in the region. Are addressed the questions about the construction of the work, realizing the formation of the gold mining camps as territory, experience shared by the various citizens involved. Serra Pelada emerges as place where disputes between miners, entrepreneurs, CVRD and military, were marked by tensions and struggles. The experience of the gold mining camps changed the miners, forging in the territory, the emergence and the formation of new social citizens / O presente trabalho propõe-se a discutir as relações de trabalho e as condições de vida dos trabalhadores do garimpo de Serra Pelada no sudeste do Pará a partir de diversas memórias, alimentada pela imprensa, pesquisadores e garimpeiros. Partindo das vivências dos trabalhadores, podemos compreender sua relação com o poder instituído e com os diferentes garimpeiros. Essa reflexão possibilita questionar o passado e confrontar as diferentes memórias dos garimpeiros entre si e com as práticas autoritárias do regime militar para a administração do garimpo no inicio da década de 1980. Nesse processo, a luta pela terra indica como a memória constitui-se em argumento e constrói o lugar na formação da consciência dos garimpeiros através da experiência. Essa perspectiva indica uma escolha intencional ao tratar diretamente com setores que tiveram poucas oportunidades para expor suas visões. Desta forma, o papel dos narradores e a relação estabelecida entre eles e o pesquisador passa a ser objeto de reflexão, e nos sugere indícios da complexidade do lugar onde as narrativas se legitimam e ganham significados. Busca-se dar visibilidade a luta dos garimpeiros de Serra Pelada a partir da pluralidade das memórias, de suas condições de vida e moradia atuais. O presente, assim, converte-se no direito a memória, ao questionar como as políticas públicas em relação ao garimpeiro se engendram na disputa por hegemonias, silenciando projetos alternativos e possibilidades de construção de outras historicidades distintas das quais foram submetidas. Discute-se a construção das imagens sobre o garimpo e a constituição da região do Carajás a partir de diferentes perspectivas e interesses. Propõe-se, ainda, uma revisão na bibliografia sobre a temática do garimpo e da região. São abordadas as questões da construção do trabalho, percebendo a formação do garimpo como território, experiência compartilhada pelos diversos sujeitos envolvidos. Serra Pelada surge como lugar onde se desenrolam as disputas entre garimpeiros, empresários, CVRD (Companhia Vale do Rio Doce) e militares, marcadas por tensões e lutas. A experiência do garimpo transformou o garimpeiro, forjando no território o surgimento e constituição desses novos sujeitos sociais

勞動訴訟制度，係指基於勞動關係之特殊性，鑒於勞動者與資方在地位上之懸殊，有必要在勞動法上給予特別保障，因此有便宜、迅速、妥適等特性之一套權利救濟程序。我國雖於勞資爭議處理法訂有勞工法庭之規定，但運作仍回歸民事訴訟法，特殊程序之規定仍付之闕如，以致各界迭有建立相關制度之呼籲。民事訴訟法雖自民國七十二年起，便成立「民事訴訟法研究修正委員會」，而展開漫長的修法工作，有關財產法訴訟現已暫告段落。但司法改革雖然歷經十年餘之討論，亦有專業法庭設置之共識，但現實上似乎僅形式上之法庭存在，配合運作之規範與邏輯仍依照民事訴訟法之規定，一直不願正視勞動案件在一般民事訴訟法運作下所產生之不妥與不適。 　　既便特別法院之建立在我國有相當的困難與挑戰，但是否連一套針對勞動案件及勞動法特殊性所設計之特別訴訟程序都不在討論之列？本文先從統計數字出發，看見司法統計上雖然案件並無特別顯眼，但行政上之統計卻是正好相反。反應的正是勞動者當發生有權利受侵害之情事，不欲透過法院尋求救濟之偏好。而此偏好之原因，應可歸責於我國透過訴訟途徑成本高昂、程序繁瑣、時間過長無法即時得到救濟。 　　再從國外之立法例觀察，德國不但專門針對勞動案件訂有特別訴訟規定，甚至有專責單位（特別法院）之設置；而日本近代司法改革，亦針對勞動案件，建立起結合裁定與調解之勞動審判制度。兩者之特色皆在於強調迅速、便宜，並且導入職業團體代表參審制度，不但調和利益與法律上之平衡，亦使得結果得以更為接近社會現實與需求。 　　本文針對以上之發現，挑選幾項較為重要之議題，說明現行制度上不妥之處，並強調建立特別訴訟程序為較妥適之方式，並應已刻不容緩。 / The Labor Jurisdiction means to base on the particularity of Employment, concerning the weakness of labor. It’s needed to correspond to the special needs of Labor Law. The distinguished characteristics of it are more cheap, simplicity of procedure, proper to reality of labor. Even the article 6 of The Settlement of Labor Disputes Law regulates that ‘For adjudicating rights disputes, the court shall set up a labor court when necessary.’ In Taiwan, the procedure is obeyed the rules of ‘Taiwan Code of Civil Procedure’. The related regulation is still lack. The public opinion is demand to construct the institution of special jurisdiction. As about twenty years gone by, The Judicial Yuan in Taiwan planed to reform the judiciary, and continually finished the revise of the law of civil proceeding, but the revised Taiwan Code of Civil Procedure still neglected the importance and particularity of The Labor Jurisdiction. By discussing the situation of labor dispute and the rights disputes settled in civil courthouse, it appears that whether we need the courthouse of labor (labor tribunal) or not, the special proceeding is eager to construct. After introducing the institution of Germany and Japan, we compared the difference between Taiwan, Germany and Japan. The Labor Court of Germany (Arbeitsgericht) is absolutely independent from civil courthouse. Special procedures meet the need of The Labor Jurisdiction mentioned above. In Japan, special courthouse is violating the Institution, and the proceeding is obeyed the civil procedure law, like Taiwan. But Japan recently constructed a special Labor Tribunal System, integrated the function of decision-making and mediation. The new approach was expected to solve the problems of civil procedure, such as copious and long-term procedures. The different models have its owned features and merits, which one is the point for Taiwan to imitate? This article selected a few issue to discuss, and contented that to construct the special labor proceeding is the optimum approach to out of the predicament.

Customary land ownership, recording and registration are complex issues in the Solomon Islands. At present, 87% of the land is held under customary laws. Almost all (some 99%) of the land held under customary law is not surveyed, recorded or registered to the tribes. Customary land disputes have been inhibiting rural development initiatives, which is partly responsible for the ill-being of the people. The Family Tree Approach (FTA) is a process being used within the To'abaita region of the Malaita Province to help address problems in the dilemmas of land ownership, land disputes, land recording, land registration and rural development in land held under customary laws in To’abaita. The FTA is a blend of indigenous epistemology, modern practices and Christian principles. Indigenously, the tribes identify with their land by tracing their origins through genealogies, historical narrations, tribal epics and chants, shrines and properties. Rev. Michael Maelia’u, a Church Minister and a former Parliamentarian, promotes the FTA. The FTA has four pillars (principles) – recognition, reconciliation, recording and registration – which are covered within five sequential phases. For instance, recognition is done in phase one of the process, enabling all members of a tribe to recognize each other. Reconciliation is part of the process, promoting forgiveness and acceptance of tribal members. Recording is an important pillar of the FTA, as its role is to produce documents that will be accepted by the law. Research results show that land registration is also a pillar of the FTA; once customary land is registered to the tribes, land disputes will be resolved, thereby enabling sustainable rural development that improves the people’s well-being. The FTA, however, is currently not formally recognized in the country. It has been used by 12 of approximately 20 tribes within the To'abaita region. Some of the To'abaita tribes have not adopted the FTA for various reasons. The FTA has enabled the disintegrated generations to recognize or identify with one another. It enables public recognition of existing tribes, tribal genealogies, tribal tales, tribal epics, the tribal iii shrines, and the tribal land. Reconciliation has been carried out at both intertribal and intra-tribal levels. The FTA enables identification of people who are residing on land and utilizing resources they do not have a right to. It makes people aware of their roots or the land of their origin, which would then lead to reduced land disputes that constrained development initiatives and the well-being of the people. The results, however, indicated that the FTA has problems either in the approach itself or in its management. It is incapable of achieving its objectives (reducing land disputes, enable rural development, enable tribal land registration, and resettling land that was wrongly acquired). People have split perception of the FTA and the legislation; this therefore reduces potential motivation that is needed to advance the approach. Results of the research also indicated that no proper and serious documentation has been done, despite knowing that it is one of the pillars. In To'abaita, gender and culture are contributing issues, which cause difficulties to the FTA. Also, the FTA lacked financial support. Those that have experience with the FTA believe that the FTA objectives need to be made known to promote motivation to the illiterate people of To'abaita. Adequate communication of issues to improve the FTA is essential. Forming a committee that oversees the design and management of the FTA is necessary for its improvement, and adequate financial support will bring the FTA forward. Chief empowerment by the legislation is essential to enable the FTA to achieve its objectives in the future.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.

<p>This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that&nbsp / relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually&nbsp / tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have&nbsp / opted to abduct their children. Some have opted to apply formally to relocate. Relocation disputes are widely regarded as one of the most controversial and difficult issues in&nbsp / family law internationally. These disputes usually arise pursuant to a relational breakdown, when the resident parent (usually the mother) seeks to relocate with the children&nbsp / either&nbsp / domestically or internationally. This causes a significant impact&nbsp / on contact arrangements with the other parent (usually the father). Depending on the country in which they find themselves and the laws applicable to relocation with the child, mothers are faced with the decision to remove the child either lawfully or wrongfully. International family law&nbsp / jurisprudence has been developed over time to assist with custody and relocation disputes. &lsquo / Much has been written on the Hague Convention &ndash / its flaws and its successes, its&nbsp / effectiveness and utilization. This thesis aims to look specifically at relocation disputes within the context of international parental child abduction / more specifically, it sets out to&nbsp / explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing&nbsp / argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People&rsquo / s confidence in the legal processes would be&nbsp / restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced.</p>

This thesis examines US protectionism in the 1980s from Canadian and American perspectives, and its role in Canada’s pursuit of the historic 1988 Canada-US Free Trade Agreement. It analyzes the perceived “threat” of protectionism and evaluates the agreement’s provisions against Canada’s goal of securing access to the US market. It contends that US protectionism was crucial in the Mulroney government’s decision to negotiate a bilateral agreement and was a contentious issue for the agreement’s critics. US sources, unexamined in existing historiography, confirm the increased threat of American protectionism, but emphasize a distinction between the threat and implementation of protectionist trade law. Although the agreement did not shield Canada from US trade remedies, Canada gained important presence in the trade dispute process. These conclusions are drawn from Canadian and American media and government documents, 1980s academic and think-tank commentary, legal documents, the memoirs and diaries of major players, and select archival sources.

Syftet med studien är att utifrån fem fäders berättelser undersöka effekten av rättstillämpning vid tvist om vårdnad, boende och umgänge. Genom detta har fäders situation utifrån rådande normers påverkan i socialtjänstens och rättsväsendets agerande synliggjorts. Vi kommer att följa fem fädernas berättelser om hur deras vårdnadstvist ser ut och hur de upplever bemötande, agerande och rättstillämpning från professionella aktörer. Enligt fäderna sker detta på ett icke tillfredsställande sätt då utredningarna ofta får dem att framstå som otillräckliga föräldrar och i vissa fall även farliga för sina barn. Studien är uppbyggd av semistrukturerade intervjuer med fäder vilka samtliga varit i tvist i tingsrätt och/eller hovrätt gällande barnets vårdnad, boende eller umgänge. Med innehållsanalys, socialkonstruktivism och en rättssociologisk ansats lyfts faktorer vilka kan påverka synen på rättstillämpning och rättssäkerhet utifrån bland annat normföreställningar. Dessa faktorer speglas ur fädernas berättelser. Studiens resultat visar att normföreställningar enligt informanterna kan påverka myndigheternas bemötande och bedömning. Studiens slutsats är att i det fall fädernas berättelser speglar verkligheten talar det för att det kan finnas brister i rättstillämpningen vid utredning och bedömning i fråga om vårdnad, boende och umgänge.