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WTO dispute settlement: challenges faced by developing countries in the implementation and enforcement of the Dispute Settlement Body (DSB) recommendations and rulings.Pfumorodze, Jimcall. January 2007 (has links)
<p>Aims of the research paper is to examine the legal framework  / of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant  /   / is a developing country.</p>
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Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade.Kirunda, Solomon Wilson. January 2005 (has links)
<p>The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.</p>
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Alternative dispute resolution in local government planning in NSW: understanding the gap between rhetoric and practiceRollinson, David Hugh, Built Environment, Faculty of Built Environment, UNSW January 2008 (has links)
This thesis examines the use of alternative dispute resolution (ADR) for local government planning and development disputes in New South Wales. Set within broader theoretical concerns around key concepts, this research comprehensively documents, for the first time, how the ADR process of mediation was introduced to NSW councils and then used by their staff and independent ADR practitioners for disputes over development applications and the formation of local planning policies. The thesis also provides a systematic overview of the use of mediation and conciliation for development appeals brought before the Land and Environment Court of NSW (LEC). In the 1980s there was considerable interest in ADR in Australia. Mediation was in use for community, family and business disputes and by the early 1990s was being suggested for environmental, planning and development matters. Its use was encouraged by government agencies keen to see a reduction in the costs of often delayed council decisions on development applications. There was also a desire by councils to find a way to reduce the community disharmony that often occurred over large or contentious applications, or when changes to planning policies were proposed. Mediation held great promise in these early years but as this research shows, its take-up has been modest and its use variable. A detailed analysis of the encouragement to use ADR for planning and development disputes before councils and the LEC, together with an examination of policy and survey evidence, uncovers a significant gap between the promotional rhetoric and actual practice. From extensive in-depth interviews with council staff and ADR practitioners and through personal knowledge, it can be seen that the initial enthusiasm for ADR has not continued, with council staff now more commonly seeking to directly negotiate solutions to development disputes. The thesis concludes by considering the likely future for ADR in local government planning and development disputes.
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Dispute Resolution for Customary Lands in FijiFonmanu, Mz. Keresi Unknown Date (has links)
ivThe rapid increase of land development, the increase in population and theexploitation of natural resources have caused great concern to mostgovernments in the world today. Land and land tenure systems are the keyelements and the key forces which shape the society. However, theconstraints of the land tenure system and the effects of rapid economicdevelopment are visible throughout the world today, especially in lessdeveloped countries. Therefore land problems often break out as disputes. Inthis context, this thesis concentrates on customary land tenure and thecustomary land problems in Fiji.The main purpose of this thesis is to propose an alternative centre for theadministration and management of customary disputes, which will utiliseland information and geographical information to its maximum capabilities.It is anticipated that this model would assist customary landowners, landadministrators and land managers to resolve customary land disputes. TheFiji customary land tenure system is examined, in particular, landownership,land boundaries and land administration. These three topics are discussedindividually and then discussed as a basis of land disputes. It is in these threeareas that a procedure is developed into a system that may help in customaryland dispute resolution.This thesis aims to assist all other countries with customary land tenureproblems, especially those countries of the South Pacific that share the sameprinciples and the same flexibility.
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The Role of International Courts and Tribunals in International Environmental LawStephens, Tim January 2005 (has links)
International environmental law is one of the most dynamic fields of public international law, and has rapidly acquired great breadth and sophistication. Yet the rate of global environmental decline has also increased and is accelerating. Halting and reversing this process is a challenge of effective governance, requiring institutions that can ensure that the now impressive body of environmental norms is faithfully implemented. This thesis explores whether and to what extent international courts and tribunals can play a useful role in international environmental regimes. Consideration is given to the threefold function of adjudication in resolving environmental disputes, in promoting compliance with environmental standards, and in developing environmental rules. The thesis is divided into three Parts. The first Part examines the spectrum of adjudicative bodies that have been involved in the resolution of environmental disputes, situates these within the evolution of institutions for compliance control, and offers a reassessment of their relevance in contemporary environmental governance. The second Part critically assesses the contribution that arbitral awards and judicial decisions have made to the development of norms and principles of environmental law, examining case law relating to transboundary pollution, shared freshwater resources and marine environmental protection. In the third Part of the thesis consideration is given to three looming challenges for international environmental litigation: accommodating greater levels of public participation in adjudicative processes, resolving practical problems stemming from the interaction among multiple jurisdictions, and ensuring that specialised courts and tribunals do not apply environmental norms in a parochial manner that privileges the policy objectives of issue-specific regimes.
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The logic of decisions in militarized disputes the effect of regime, power, arms contorol [sic], and airpower on decision-making in militarized disputes /Kim, Kwang-Jin, January 2007 (has links)
Thesis (Ph. D.)--University of Missouri-Columbia, 2007. / The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on February 14, 2008) Vita. Includes bibliographical references.
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Alternative dispute resolution in Hong Kong Government civil engineering works contractsChan, Yuen Wah. January 2007 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2007. / "Master of Arts in arbitration and dispute resolution, LW 6409A dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Dispute resolution for intellectual property disputes on designing and issuing collectiblesFung, Wing Sze. January 2007 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2007. / "Master of Arts in arbitration and dispute resolution, LW6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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"Due process" in the Archdiocese of Saint Paul and Minneapolis a historical and analytic study /Wajda, Joseph Louis. January 1994 (has links)
Thesis (J.C.L.)--Catholic University of America, 1994. / Includes bibliographical references (leaves 84-86).
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Toward a pluralistic approach to mediation practice in a legalistic, problem-soving culture /Spence, Gregory S. January 1900 (has links)
Thesis (M.A.) - Carleton University, 2002. / Includes bibliographical references (p. 121-128). Also available in electronic format on the Internet.
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