During the late 19th Century there was considerable debate in the United States among members of the legal profession, the general public and even some scientists about the validity of using tree rings to determine tree age. In an earlier boundary dispute case in Maryland (1830) the Honorable Theodorick Bland rejected the use of tree rings to establish the date when a purported witness tree was marked with an identifying blaze. Bland did not believe that there was enough scientific evidence or legal precedent to support this idea. A review of the current scientific literature of the time, however, indicates that most scientists, especially in Europe, accepted that tree rings could be used to determine age. In the United States, however, this idea was debated, particularly in the late 19th Century, in both the popular press and scientific publications. The main argument of opponents such as A. L. Child was that the number of tree rings was often wildly in excess of the known age of the tree. These inconsistencies were likely because of the inexperience of the observer, mistaking earlywood and latewood for separate rings, and the presence of a small number of false rings, sometimes called secondary rings. The great ages reported for the giant sequoias may have also raised doubts among the public. Among scientists, however, the relationship between ring number and tree age and between ring width and climate became widely accepted. Several cases heard in both Federal and State Courts as well as Bernhard E. Fernow’s Age of Trees and Time of Blazing Determined by Annual Rings laid to rest any doubt of the relationship between tree rings and age in temperate forests, i.e. one ring equals one year’s growth, and showed that the date when a witness tree was blazed could be easily determined from a cross-section of the trunk.

Interstate arbitration is commonly viewed as an essentially judicial process, suitable for the resolution of legal questions but inappropriate to deal with “political” issues. This conception, however, arguably flies in the face of both the origins and historical function of interstate arbitration and the complex legal-political nature of most interstate disputes. This paper offers an alternative account of interstate arbitration, which views it as a sui generis hybrid mechanism that combines “legal” and “diplomatic” dimensions to effectively resolve all aspects of interstate disputes. The paper examines this proposed account by analyzing four complex interstate territorial disputes that were submitted to arbitration and assessing the extent to which these two dimensions were recognized and employed, and how this may have affected the resolution of the disputes. Based on this analysis, the paper offers a two-dimensional operative framework intended to guide states and arbitrators in the resolution of future complex interstate disputes.

Settlement of International Investment Disputes The purpose of my thesis is to introduce the basic types of settlement of international investment disputes while focusing especially on arbitration proceedings conducted by tribunals of the International Centre for Settlement of Investment Disputes, hereinafter referred to as ICSID. The main purpose of the thesis in this respect is to critically evaluate the situation that currently exists in international investment arbitration due to the absence of an appellate review mechanism in ICSID system and to suggest solutions to this problem. The evaluation includes both a description of current possibilities of review and a proposal of an appellate body along with alternatives thereto. The thesis is composed of three chapters. The first chapter is introductory and concerns the basic terminology of international investment law. It focuses on defining the terms investment and investor, i.e. terms that are essential for comprehension of the nature of international investment disputes. It defines the terms using mainly the ICSID case law. The second chapter deals with the individual methods of settlement of investment disputes. First it mentions diplomatic protection as a method used especially in past. It also mentions conciliation proceedings and describes the role...

This thesis considers the maritime boundary dispute between China and Japan in the East China Sea in an attempt to resolve the dilemma of continental shelf entitlement and delimitation. The dispute concerns how to delimit a maritime boundary where the parties rely on the different basis for continental shelf entitlement provided for in Article 76(1) of UNCLOS, namely natural prolongation and distance, and the area to be delimited is less than 400 nautical miles when measured from the coasts of both States. China asserts its entitlement based on natural prolongation to the outer edge of the continental margin, while Japan claims a 200 nautical mile distance continental shelf. Using the doctrinal approach, this thesis notes that delimitation must be carried out in accordance with entitlement and focuses on an analysis of the meaning of Article 76(1), enquiring into the role of natural prolongation in the establishment of the outer edge of the continental margin beyond 200 nautical miles. It re-assesses the ICJ's decision in the Libya/Malta case where it was held that unless the delimitation area is at least 400 nautical miles, natural prolongation is irrelevant. This thesis considers the status of natural prolongation under customary international law and UNCLOS, arguing that natural prolongation is a valid basis for continental shelf entitlement. In critiquing the Libya/Malta decision, this thesis argues that there is no 400 nautical mile rule in UNCLOS, that the determination of each State's entitlement must be conducted on an individual basis, the length of the delimitation area being immaterial. Arguing that the two criteria of natural prolongation and distance are equally valid, this thesis found that they could be applied simultaneously over the same area to determine the area of overlapping entitlements, which is then the area to be delimited. Other connected issues to this dispute including the role of the Diaoyu/Senkaku Island dispute and the duty of States in disputed maritime areas are also discussed in relation to the main delimitation question. On the basis of the analysis, two options for delimiting the East China Sea were considered: the three-stage methodology and an alternative involving the use of a median line to divide the area of overlapping entitlements. In both methods, the position taken was that natural prolongation and distance should be reflected as relevant circumstances. Thus, it was acknowledged that both methods could produce similar results. However, the second option was shown to be preferable as it is embodies the quality of objectivity compared with the threestage methodology where adjusting the line in the second stage to take account of relevant circumstances proved to be subjective and unpredictable.

Digitized by Kansas Correctional Industries

La médiation peut se définir comme l’action de celui qui est médiateur et qui s’interpose entre deux ou plusieurs personnes pour résoudre un conflit ou un différend. Dans le domaine de la santé et plus particulièrement dans la relation de soins, des conflits et des différends peuvent survenir. La santé touche en effet à l’état des personnes, à leur intimité, à leur intégrité et les relations qui en découlent avec les professionnels de santé sont nécessairement empreintes d’une certaine sensibilité. C’est pourquoi ce secteur est considéré comme pourvoyeur potentiel de tensions. Il est donc intéressant d’étudier la résolution des conflits ou différends inhérents à la relation de soins, par un mode singulier et alternatif de règlement des différends : la médiation. L’étude de la nature juridique de ce processus est indispensable pour le différencier des autres modes alternatifs et exposer clairement ses forces et ses faiblesses. Ceci permettra ensuite de lui appliquer un régime juridique adéquat. En raison des manquements actuels, particulièrement au regard de l’encadrement du statut de médiateur, le constat d’un inévitable remaniement du régime de la médiation devra être effectué. Celui-ci devra impérativement allier souplesse et encadrement du mécanisme dans le but d’une efficacité optimale. / Mediation may be defined as the action of the mediator who mediates between two or more persons to resolve a conflict or dispute. In the field of health, especially in caring relationships conflicts and disputes may happen actually. Health affects the state of being of the persons, their privacy, their integrity and so relationships which arise from this with health care providers are necessarily influenced with a certain sensitivity. That is why this area is regarded as a potentiel provider of stress. Therefore, it is of interest to study the mediation as an unique alternative to resolve a dispute. To focus on the legal nature of the mediation is essential to differentiate it from other alternatives and to assess strengths and weaknesses of such an approach. This will then allow to apply a suitable legal regime to mediation. Because of the current shortcomings, particularly with regard to the supervision of the mediator, the finding of an inevitable reshuffle mediation scheme should be made. This will necessarily combine flexibility and supervision for an optimal efficiency.

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This research project focuses on how three different levels of naval power influence the occurrence of militarized disputes over maritime claims. First, the systemic level of naval power investigates the role of the leviathan (the naval hegemon: the United States since World War II). As proponents of the hegemonic stability argue, the overwhelming naval power of the naval hegemon leads to stability in the sea by deterring the number of militarized disputes over maritime claims because more naval warships of the naval hegemon mean that more naval warships can operate in the sea to prevent maritime conflicts. However, when considering the vast area of the sea and the limited number of naval warships of the United States, it is impossible to deploy an equal number of naval warships to all maritime areas. As a rational actor, the naval hegemon should put more effort to more salient maritime claims. In other words, the naval hegemon should pay more attention to maritime claims which are highly related to its security/economic interests. Among several factors, this research found that when maritime claims are strategically important, which means maritime claims occur near international straits, and when maritime claimants are jointly democratic, the pacifying effect of the naval hegemon is increased. Second, at the regional level of naval power, which focuses on Asia, the Asian naval hegemon has played a similar role as the global naval hegemon has done to maintain the order and to deter militarization over the sea. However, the Asian naval hegemon has a different level of incentive to align with the global naval hegemon’s effort depending on the relationships with the global naval hegemon. The results show that when the Asian naval hegemon is allied with the global naval hegemon and when the Asian naval hegemon is a democracy, the Asian naval hegemon is more likely to cooperate with the global naval hegemon’s effort to maintain stability in the regional waters, which results in fewer militarized disputes over maritime claims in Asia. In addition, this study also found that when the Asian naval hegemon approaches naval power of the global naval hegemon in Asia, they are more likely to challenge the order and the rules formed by the global naval hegemon, which leads to more conflictual behaviors over Asian maritime claims. Lastly, at the dyadic level of naval power, this research focuses on how relative naval power between claimants affects foreign policy over maritime claims. When disputants over maritime claims have projectable naval power, they can conduct more active and aggressive foreign policy, which can lead to militarization over maritime claims. However, when claimants consider foreign policy over maritime claims, they should consider the strength of naval power relative to the opponent. Similar to the power (dis) parity argument, the results show that parity of relative naval power between claimants increases the occurrence of militarized disputes over maritime claims.

Thesis (MPA) --University of Limpopo, 2005 / Management of disciplinary measures is a delicate part of work programmes that needs dedicated employees to handle. The personnel should be provided with acts, rules and regulations, codes and work procedures to serve as guidelines during their execution of their duties. In this research work, the participating workers indicated some perceptions that could contribute towards poor service delivery, which include tribalism, ethnicity etc. The Department of Agriculture should eliminate these perceptions soon in order to achieve the set departmental goals. The personnel should be encouraged to undergo various trainings so that they can be mentally empowered. They should be exposed to libraries to get materials relevant to their work sphere. Monitoring should be regular to ensure perfection within an institution. Employees are of the opinion that training workshops are for specific group of workers and that they are treated inequitably by the institution. Their future efforts are then demoralized. Knowledge acquired from various literatures should be implemented practically. The management and supervisors can gain knowledge about the various disciplinary approaches such as supportive approach; disciplinary policy, which indicates the steps to be followed when applying the disciplinary measures; disciplinary system like the designing of a disciplinary action; and the techniques such as the analyzing of the written institutional records and statement of discipline related rules and procedures. All employees within an institution should take discipline as reformative. Supervisors should where possible react positively in order to bring balance between the workers and the employer. The treatment of employees should develop positive attitudes such as the desire to work with, and not against, their superiors. The data collected indicated that there are factors contributing towards fair or unfair management of disciplinary measures. Good factors should be encouraged and maintained whereas the negative ones should be addressed to avoid delay in service delivery.