Resume This thesis aims to evaluate the WTO dispute settlement system that deals with disputes arising between WTO members. It focuses on the final stage of this process, i.e. the compliance process and the judgement enforcement process. The main objective is to answer the question whether the methods of judgement enforcement are effective and successful and assess any shortcomings and offer possible solutions to overcome these shortcomings. The thesis is divided into seven chapters. In the opening passage the role of World Trade Organization is introduced as well as the need for a dispute resolution system and the main principles governing the system. Various WTO bodies involved in the decision-making process are also described in detail. The following three chapters deal with the dispute resolution process and procedure rules provided under the Dispute Settlement Understanding (DSU). The thesis explores all of the procedural stages of the dispute settlement and also all relevant procedural steps undertaken by the participants. These are not limited to the complainant and to the respondent but also encompass third parties and WTO bodies. The fourth and the fifth chapter of this thesis are dedicated to the compliance process and the judgement enforcement process either by means of compensation or suspension...

The object of this work is first to describe evolution of the World Trade Organisation dispute settlement system, which originates from the dispute settlement system under the international agreement GATT 47. Originally it was the diplomatic system without explicit legal regulation, which changed into developed system based on legal regulation of the World Trade Organisation. Next part of this work consists of the analyse of current system regulated by the Dispute Settlement Understanding. The obligatory consultations remain a part of this system. If the agreement is not reached during the consultations, the two-stage proceeding by the panel of experts and by the Appellate Body takes part. The final part of the proceeding is implementation of the decision. Currently the review of the system is in process and many discussions on this issue takes place under WTO, so far with no conclusion. The last part of this work focuses on Banana case III.

Empreendimentos de construção apresentam potencial expressivo para o surgimento de conflitos, os quais, quando se tornam disputas, podem representar o comprometimento de prazos e resultados. O aumento da ocorrência mundial de desentendimentos em contratos de construção tem estimulado a criação de métodos de prevenção e de solução de disputas alternativos aos processos judiciais. Nesse contexto, destacam-se os Dispute Boards, que consistem em conselhos formados por profissionais experientes que acompanham a execução das obras, com a função de prevenir e solucionar conflitos por meio de recomendações e decisões ao longo da realização dos empreendimentos. Este trabalho tem como objetivo apresentar a dinâmica dos Dispute Boards e identificar as perspectivas de utilização do mecanismo na realidade brasileira. Por meio de uma revisão da literatura, são expostos conceitos, características, vantagens e o panorama internacional de implantação dos Dispute Boards em contratos de construção. No que diz respeito ao contexto nacional, o trabalho levanta as principais iniciativas de incentivo aos Dispute Boards no país e, a partir do estudo de caso da primeira adoção do método no Brasil, evidencia experiências e lições aprendidas. Com base em questionários aplicados a profissionais envolvidos com disputas no setor da construção, também são discutidos desafios, oportunidades e expectativas de crescimento dos Dispute Boards no curto, médio e longo prazo em contratos de construção no Brasil. / Construction projects have significant potential for the emergence of conflicts, which may become disputes and represent the commitment of deadlines and results. The increase of disagreements at construction projects worldwide has stimulated the creation of methods of prevention and solution of disputes, alternatively to standard legal proceedings. In this context, Dispute Boards stand out because they consist of councils formed by experienced professionals who monitor the execution of the works, by preventing and solving conflicts through recommendations and decisions during the construction phase. This work aims to present the dynamics of Dispute Boards and identify the perspectives of its use in the Brazilian outlook. Based on a literature review, concepts, characteristics, advantages and the international panorama of implementation of Dispute Boards in construction contracts are exposed. Regarding the national context, this research highlights the main initiatives to encourage Dispute Boards in the country and, by means of the case study of the first adoption of the method in Brazil, shows experiences and lessons learned. Through surveys applied to professionals involved with disputes in the construction industry, this work also discusses challenges, opportunities and growth expectations for Dispute Boards in the short, medium and long terms in Brazilian construction contracts.

Le présent travail s’intéresse à dix pièces écrites et jouées entre 1580 et 1625. Le corpus retenu inclut des pièces rédigées par Robert Daborne, Thomas Dekker, Thomas Heywood, Christopher Marlowe, Philip Massinger, Thomas Middleton, Samuel Rowley et William Shakespeare et Nathaniel Woodes. Cette étude tâche principalement de révéler en quoi les dramaturges de la Renaissance se sont appropriés et ont transformé des codes appartenant à la tradition de la disputatio médiévale afin de mettre en scène les dissensions religieuses de leur époque. Nous avons pris en compte deux acceptions du terme « dispute ». Il peut en effet être défini comme un débat formel et dialectique et comme la manifestation d’un désaccord violent entre deux personnes ou plus.La première partie étudie les éléments conflictuels que l’on trouve dans les scènes de dispute, observant comment les dramaturges mettent en scène les différents aspects du conflit théologique et se sont emparés de l’idée d’hybridité religieuse qui caractérise la période. Cette partie s’interroge sur la mesure dans laquelle la scène de dispute reflète mais aussi nourrit le conflit religieux. Toutefois, une seconde partie analyse ces dialogues et rencontres conflictuelles, souvent violents, comme une manière paradoxale de négocier une certaine forme de coexistence et de décréter une trêve. Une troisième partie se concentre enfin sur les procédés dramatiques mis en œuvre par les auteurs pour proposer une résolution du conflit et atteindre un compromis littéraire entre une forme artistique élitiste et populaire. Ce travail souligne également le lien entre une célébration de l’art du théâtre comme un art fondamentalement hybride et la représentation du conflit religieux à travers les scènes de dispute. / This study focuses on ten plays written and performed between 1580 and 1625. The corpus includes plays by Robert Daborne, Thomas Dekker, Thomas Heywood, Christopher Marlowe, Philip Massinger, Thomas Middleton, Samuel Rowley, William Shakespeare and Nathaniel Woodes. The primary aim of this work is to determine the extent to which Renaissance dramatists appropriated and transformed the old tradition of the medieval disputatio in order to stage the religious dissensions of their time. Two definitions of the word ‘dispute’ were considered. Indeed, it can be defined both as a formal dialectical debate and as a violent disagreement between two or more people.The first part explores the conflictual elements to be found in a scene of dispute, looking at how the playwrights staged the different aspects of the conflict and dealt with the idea of religious hybridity which characterises the period. This part questions the extent to which the scene of dispute reflects but also fuels the religious feuds. Nevertheless, the second part analyses these conflictual, and sometimes violent, encounters and dialogues as a paradoxical way to negotiate a certain form of coexistence and to call a truce. Finally, a third part focuses on the way the playwrights used drama to suggest a solution to the conflict and to reach a compromise between an elitist and a popular form of art. This study also explores the link between the vindication of the art of theatre as something fundamentally hybrid and the representation of the religious conflict through scenes of dispute.

Made available in DSpace on 2016-04-26T20:22:26Z (GMT). No. of bitstreams: 1 Kelli Priscila Angelini Neves.pdf: 14151401 bytes, checksum: 58cb3f9d0ea8aef19caf74e21ba14073 (MD5) Previous issue date: 2013-08-22 / The objective of this research, after addressing the history of the Internet and its success, was analyze the Domain Names within the requirements of civil law, their technical structure, concepts, legal nature and its environment as a legal business. Given the characterization and definition dfDomain Names, in special its distinctive legal nature, analyze the types of disputes involving Domain N ames registration and alternative means for resolving these conflicts. Since the study focused especially on registered domain names within the .br, the emergence and experience of the UDRP - Uniform Dispute Resolution Policy are analyzed in comparison to the SACI - Administrative System for Dispute Resolution of .br Internet Domain Names - (Sistema Administrativo de Conflitos de Internet para nomes de domíno no .br - In the original in Portuguese), examining not only the system rules, but also the procedures already judged until the date of completion of this work and measures that might be adopted in the post-SACI / O objetivo desta pesquisa, após abordar o histórico da lnternet e a sua consagração, foi analisar, dentro da exigência do Direito Civil, os nomes de domínios, sua estrutura técnica, conceito, natureza jurídica e seu, enquadramento como negócio jurídico. Diante da caracterização e definição dos nomes de domínios, em especial de sua natureza jurídica de signo distintivo, analisam-se também os tipos de conflitos envolvendo os nomes de domínios registrados e os meios alternativos para solução desses conflitos. Tendo o estudo focado especialmente nos nomes de domínios registrados no ".br", aborda-se, ao analisar os meios alternativos para solução de conflitos para nomes de domínios existentes, o surgimento e a experiência da UDRP ­ Uniform Dispute Resolution Policy (Política Uniforme para Resolução de Disputas), para o fim de analisar a implementação do SACI - Sistema Administrativo de Conflitos de Internet para nomes de domínios no ".br", examinando não só as regras instituídas para esse Sistema, mas também os procedimentos já julgados até a data da conclusão deste trabalho e eventuais medidas que possam ser adotadas na fase pós-SACI

The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.

Direito processual civil, Mediação e conciliação, Reforma judiciária / The proliferation of individual claims repeating factual and/or legal matters have inspired procedural reforms aimed at the standardization of judgments, the consolidation of precedents and the collectivization of individual claims and searching for effectiveness and legal certainty. Another important response to this repeated litigation is the promotion of consensual dispute resolution, especially conciliation and mediation in the courts. This research investigates how consensual mechanisms are used by courts to deal with repeated litigation and which are the practices and techniques specifically aimed at repeated disputes. The characteristic elements of these repeated disputes are the similarity of the factual and/or legal arguments, the representativeness of the volume of claims and the fact that one of the parties litigates in similar disputes more often, while the other in involved in such type of cases only occasionally. These repeat players are known as the great litigants of the Judiciary, and enjoy certain advantages in terms of bargaining power, resources and information in view of their size and the frequency with which they are involved with similar cases. An empirical research was carried out court programs in Brazil and the United States to study the perceptions of the actors involved in the design and operation these programas on the issues raised. It was found that repeated litigation is a crucial part of court conciliation and mediation programs, influencing the role of the main stakeholders (parties, lawyers and conciliators/mediators), screening and case management practices, access conditions, specific techniques and the role played the Judiciary, who shall also act as manager, designer and institutional mediator. It is concluded that the structure of these programs and the role of those involved can be key factors for an adequate treatment of repeated disputes in the judicial context.

Environmental sociology and the sociology of scientific knowledge provide a strong theoretical foundation for investigating the role of science in environmental disputes. The field of environmental dispute resolution has built a body of literature, outlining the techniques and practices that underpin the successful resolution of disputes, over controversial environmental issues. However, the literature on dispute resolution has generally neglected the role of science in environmental disputes. This thesis develops a theoretical framework based on concepts from environmental sociology and the sociology of scientific knowledge in order to critically examine the role of science in environmental disputes. In particular, this thesis combines the theory on claims-making from environmental sociology with actor-network theory and the theory on boundary-work from the sociology of scientific knowledge, to analyse the way in which science was involved in the dispute over phasing out extractive dredging from the Brisbane River. Data were collected from qualitative in-depth interviews with key players in the Brisbane River dredging dispute and combined with analysis of relevant documents and newspaper articles. Each of the components of the theoretical framework developed in this thesis contributes to an in-depth analysis of the way in which science was involved in the dredging dispute. The environmental claims-making analysis examines the way in which the claim that extractive dredging was an environmental problem for the Brisbane River was constructed and contested. The actor-network analysis compares the two competing actor-networks that were developed by one of the major concrete companies and by the anti-dredging campaigners. The boundary-work analysis examines the social construction of the science / politics border as an important site of boundary-work, before exploring other related forms of boundary-work within the case study. When combined, these theories highlight the social and political processes that underpin the inherent difficulties associated with applying science to effective environmental dispute resolution. The theoretical framework developed in this thesis highlights the way in which an analysis of environmental claims-making, actor-networks and boundary-work, extends the literature on environmental dispute resolution. This thesis therefore makes a significant contribution to the field of environmental dispute resolution, by illustrating the advantages of drawing on theoretical perspectives from environmental sociology and the sociology of scientific knowledge.

<p>The master thesis provides a comprehensive and comparative analysis of the scope of most-favoured-nation clauses, focusing on the application of such clauses to dispute resolution mechanisms in bilateral investment treaty’s (BIT).</p><p>The ICSID decision in Maffezini was the first in a series to extend the scope of an MFN clause to dispute resolution in such context. Traditionally, such a clause had been relied on regarding substantive rights. The debate evoked by this and subsequent decisions of arbitral tribunals, which often conflict with each other in their outcome and in their analytic methodology, illustrates the controversy of this issue.</p>

The master thesis provides a comprehensive and comparative analysis of the scope of most-favoured-nation clauses, focusing on the application of such clauses to dispute resolution mechanisms in bilateral investment treaty’s (BIT). The ICSID decision in Maffezini was the first in a series to extend the scope of an MFN clause to dispute resolution in such context. Traditionally, such a clause had been relied on regarding substantive rights. The debate evoked by this and subsequent decisions of arbitral tribunals, which often conflict with each other in their outcome and in their analytic methodology, illustrates the controversy of this issue.