A presente Tese de Doutorado tem como objetivo analisar os mecanismos de implementação das decisões do Sistema de Solução de Controvérsias da OMC, consideradas como decisões adjudicatórias internacionais, na busca pelo incremento de efetividade desse sistema, e com a finalidade de proposição de um modelo para tal implementação no sistema jurídico brasileiro. O estudo adota uma abordagem dialética entre a dimensão teórica e a dimensão empírica de seu objeto, na investigação acerca das condições nas quais o Sistema de Solução de Controvérsias gera seus efeitos nos membros da OMC, bem como dos sujeitos e processos envolvidos nessa dinâmica transnormativa. A partir da análise empírica dos casos nos quais o Brasil atuou como demandante, demandado e terceira parte no Sistema de Solução de Controvérsias da OMC, e do exame da implementação por parte de seus principais usuários, a pesquisa desenvolve constatações sobre a diversidade dos mecanismos de implementação e dos efeitos jurídicos das decisões desse sistema de resolução de litígios nos diferentes ordenamentos. O trabalho procura enfrentar as complexidades de seu objeto no contexto normativo-institucional brasileiro, avaliando o tratamento casuístico, difuso e informal conferido à temática da implementação das decisões do Sistema de Solução de Controvérsias da OMC no Brasil, e confirmando a hipótese da necessidade e conveniência do estabelecimento de um marco normativo geral que institucionalize e legitime a escolha relacionada ao meio de implementação dessa decisão. / This Thesis aims to analyze the mechanisms for implementing the decisions of WTOs Dispute Settlement System, considered as international adjudicatory decisions, in the search for increasing effectiveness of this system, and in order to propose a model for implementation in the Brazilian legal system. The study adopts a dialectical approach between the theoretical dimension and the empirical dimension of its object, in the investigation of the conditions in which the Dispute Settlement System generates its effects on members of the WTO, as well as the subjects and processes involved in this transnormative dynamic. From the empirical analysis of cases in which Brazil served as plaintiff, defendant and third party in the WTOs Dispute Settlement System, and the review of the implementation by their main users, this research reveals findings about the diversity of implementation mechanisms and of legal effects of the decisions of this dispute resolution system in various jurisdictions. The thesis seeks to address the complexities of its object in the brazilian legal-institutional context, evaluating the casuistic, diffuse and informal treatment given to the implementation of the decisions of the WTOs Dispute Settlement System decisions, and confirming the hypothesis of necessity and advisability of establishing a general normative framework that institutionalizes and legitimizes the choices related to the measures for implementing these decisions.

Like many countries around the world, the United Arab Emirates (UAE) encounters severe congestion in its court system. In a system with three tiers of trial, a lawsuit might stay in the court for years before reaching final judgment. As a result, the legislature in the UAE barred the parties from filing any civil lawsuit in the court before having it reviewed by one of the newly established Conciliation and Settlement Committees. The committee, which is composed of a judge and two laypersons, attempts to resolve the dispute in an amicable way through applying nonbinding conciliation. Because of the insignificant amount of studies about the committees, many unforeseen issues and troubles have emerged. Many lawyers were also skeptical about the committees' role and contribution to resolve the delays in the court system. This distrust was due to their belief that these committees are nothing but another hurdle in the trial procedure. Thus, an extensive study is needed to address these issues. This study is the first in the UAE to address the committees' role and it aims to correct any misconceptions related to the role of the committees by evaluating their role and demonstrating their effect in reducing the number of lawsuits in courts. It utilizes the well-known American jurisprudence in the ADR field in order to explain and predict flaws that might exist in the system. The study shows that utilizing nonbinding ADR is not new to the UAE judicial system and that the legislature approach has proven to be effective in reducing judicial congestion. This study will pioneer the ADR library in the UAE and contribute, generally, to the advancement of the judicial system in the UAE, specifically, to the Conciliation and Settlement Committees / acase@tulane.edu

This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, specialist report writers and judges) in two cities to obtain their views on the family members� perspectives. Sociocultural and ecological theories, the sociology of childhood and the UNCRC provided the conceptual basis for the research. Historical developments in child custody and divorce laws, which provided the impetus for the establishment of Family Courts internationally, have also been reviewed. Each parent was legally represented, with 87% of the families also attending Family Court counselling and judge-led mediation conferences. Defended hearings occurred in 27% of the cases. Family members reported a broad range of views about their legal and court experiences. They valued their interactions with professionals who took an interest in them and their children, provided clear information and support, let them have their say, and competently managed the dispute resolution processes. Dissatisfaction was frequently expressed with the conduct of ex-partners and with professionals� styles of practice, particularly where these involved erratic or uncompromising attitudes and adversarial tactics. The desire to respond to what was written in an ex-partner�s affidavit escalated some parenting disputes onto a litigation pathway. Delay, cost, gender bias, lack of enforcement of court orders, and inadequate opportunities to feel heard, understood and respected were also identified as problems associated with Family Court proceedings. Earlier access to a wider range of information, support and conciliation services was recommended, together with more post-order explanation and support. The professionals wanted a stronger emphasis on the Family Court as a court of law, rather than a social agency. A clearer demarcation between the court�s conciliation and adjudication functions was considered necessary to avoid clients having unrealistic expectations of the Family Court. Family members� therapeutic needs were important, but thought best met within community-based agencies. The children were aware of their parents� court proceedings and most wanted the opportunity to play a more direct role in the decision about their future living arrangements. Significant or modest changes had occurred in 60% of the families by the time of their follow-up interviews. Some changes had led to a reversal in the original care arrangements, while others had impacted upon the frequency of a child�s contact with their non-resident parent. A new conceptual model for the resolution of post-separation parenting disputes has been developed. This integrates the theoretical framework underpinning the study with the international research evidence on the impact of parental separation and the principles and practices of an effective child-inclusive and culturally responsive family law system.

隨者保險觀念普及，我國保險業投保率及普及率逐年增加，但保險糾紛案件亦隨之增加。消費者權益之保護已蔚為世界潮流，我國消費者保護法亦自民國八十三年一月十一日公佈施行。本研究除了以消費者保護理論及保險理論等為分析基礎，詮釋健全保險爭議處理制度之必要性，並介紹國外保險爭議處理制度之概況，探討我國實施消費者保護法前、後保險爭議處理之概況及對保險爭議處理之影響，最後則探討我國現行保險爭議之處理情形，除向財政部保險司處理申訴案件之申訴人做問卷調查，並就我國現行保險爭議處理管道予以分析，及對較常見之保險申訴案例予以分析。本研究贊成多元化管道，但應如何強化以健全保險爭議處理制度，則為關心之要旨。 研究結果發現，我國現行保險爭議處理管道包括申訴、調解、仲裁及訴訟，經由申訴方式處理解決約53.5％，經由鄉鎮市區調解委員會調解處理解決約1.1％，經由民事訴訟處理解決約9.3﹪，未另循他途者約36.1％。我國現行保險爭議處理管道之處理情形，尚無一個處理機關同時具有公正客觀性、迅速性、保險專業性、費用低及法律拘束力等五要素。 目 錄 頁次 第一章 緒論 1 第一節 研究動機與目的 1 第二節 研究方法與範圍 2 第三節 研究內容 3 第二章 保險爭議處理制度之理論基礎 5 第一節 消費者保護運動之興起 5 第一項 消費者保護運動 5 第二項 我國消費者保護之沿革 9 第三項 我國消費者保護法概述 10 第二節 保險契約之特性 14 第三節 提昇保險業形象 15 第四節 疏減訟源 16 第三章 外國保險爭議處理制度之概況 21 第一節 美國 21 第二節 日本 49 第三節 韓國 54 第四節 英國 61 第五節 瑞士 70 第六節 小結 72 第四章 我國實施消費者保護法前保險爭議處理之概況 77 第一節 保險糾紛之根源 77 第二節 保險爭議處理之概況 80 第一項 申訴 80 一、申訴之意義 80 二、一般申訴之管道 80 三、申訴處理之結果 86 第二項 調解 88 一、鄉鎮市區調解制度之意義 88 二、鄉鎮市區調解委員會之組織 88 三、調解之程序 89 四、調解之結果 90 五、鄉鎮市區調解制度之功能 90 第三項 仲裁 91 一、仲裁之意義 91 二、仲裁人的選擇 92 三、仲裁之程序 92 四、仲裁之結果 93 五、仲裁之優點 93 六、仲裁與其他相關制度之比較 94 七、我國保險仲裁之實務 95 第四項 訴訟 97 一、訴訟之意義 97 二、民事訟訟之程序 97 三、法院調解程序 99 第三節 小結 100 第五章 我國實施消費者保護法後對保險爭議處理之影響 103 第一節 消費者保護法與保險相關法令之探討 103 第一項 定型化契約與保險契約 103 一、定型化契約 103 二、保險契約 105 三、我國保險契約條款之監理 106 四、小結 108 第二項 不實廣告消費資訊 109 一、 廣告消費資訊之規範 109 二、 保險業之不實廣告 110 三、 我國保險相關法令規定 111 四、 小結 112 第二節 我國消費者保護法有關消費爭議處理之規定 113 第一項 消費爭議之意義及處理程序 113 一、消費爭議之意義 113 二、消費爭議之處理程序 113 第二項 申訴 114 一、第一次申訴 114 二、第二次申訴 118 三、申訴處理之結果????????? ???119 第三項 調解 119 一、消費爭議調解之意義及要件 119 二、消費爭議調解委員會之組織 122 三、調解之程序 125 四、調解之結果 126 第四項 消費訴訟 127 一、消費訴訟之意義 127 二、消費訴訟與一般民事訴訟之差異 127 三、消費訴訟與申訴及調解之關係 129 第三節 對保險爭議處理之影響 129 第一項 申訴方面 129 第二項 調解方面 131 第三項 消費訴訟方面 132 第四節 小結???????? 133 第六章 我國現行保險爭議處理之探討 139 第一節 我國保險爭議處理之問卷調查結果 139 第一項 調查樣本 139 第二項 問卷調查結果 141 第三項 保險爭議類型 151 第二節 我國現行保險爭議處理管道之分析 156 第一項 申訴 156 第二項 調解 171 第三項 仲裁 173 第四項 訴訟 173 第三節 保險申訴案例之分析探討 176 第一項 壽險主約違反告知義務，醫療險附約是否理賠之問題 176 第二項 意外事故的認定問題 179 第三項 契約撤銷權之行使問題 181 第四項 人身保險是否適用複保險之爭議 184 第五項 紅利給付之問題 187 第六項 酒後駕車肇事保險公司是否理賠之問題 190 第四節 小結 192 第七章 結論與建議 197 第一節 結論 197 第二節 建議 202 第三節 對後續研究之建議 210 參考書目 211 附錄：問卷調查表 216

A historical overview of the collective bargaining process in the three major American sports, and a comparative analysis of the current collective bargaining agreements.

To investigate whether piglets show different personality types due to teat position, a number ofexperiments were performed on 21 different litters, 9 to 31 days old. The tests included threefocal piglets in each litter with different teat position, anterior, middle and posterior, inobservations on suckling behaviour, undisturbed behaviours, a novel object test and a straw-testwhere thirteen behaviours were observed. The tests found an effect on teat position on frequencyof disputes between piglets during suckling and their teat position (P=0.018) and a tendency ofdifference in undisturbed playing behaviour between piglets at different teat position (P=0.057).All tests found differences between litters concerning behaviours. With a Principal componentanalysis, the four personality types curiosity, playful, food interest and straw interest wasestablished. No effect between different teat positions and personality type were found, but atendency of difference between personality trait playful and different teat positions (P=0.062). Inconclusion: no significant differences between teat position and personality type in piglets couldbe established.

Theoretical procedures are developed to account for the effect of emotion and perception in strategic conflict. The <em>possibility principle</em> facilitates modeling the effects of emotions on future scenarios contemplated by decision makers; <em>perceptual graph models</em> and a <em>graph model system</em> permit the decision makers (DMs) to experience and view the conflict independently; and <em>perceptual stability analysis</em>, which is based on individual- and meta-stability analysis techniques, is employed in analyzing graph model systems when the DMs have inconsistent perceptions. These developments improve the methodology of the Graph Model for Conflict Resolution by reconciling emotion, perception, and strategy to make predictions consistent with the actual unfolding of events. <br /><br /> Current research in neuroscience suggests that emotions are a necessary component of cognitive processes such as memory, attention, and reasoning. The somatic marker hypothesis, for example, holds that feelings are necessary to reasoning, especially during social interactions (Damasio, 1994, 2003). Somatic markers are memories of past emotions: we use them to predict future outcomes. To incorporate the effect of emotion in conflict, the underlying principle of Damasio?s hypothesis is used in developing the possibility principle, which significantly expands the paradigm of the Graph Model for Conflict Resolution of Fang, Hipel, and Kilgour (1993). <br /><br /> State identification is a crucial step in determining future scenarios for DMs. The possibility principle is integrated into the modeling stage of the Graph Model by refining the method of determining feasible states. The possibility principle enables analysts and DMs to include emotion in a conflict model, without sacrificing the parsimonious design of the Graph Model methodology, by focusing attention on two subsets of the set of feasible states: <em>hidden</em> and <em>potential</em> states. Hidden states are logically valid, feasible states that are invisible because of the presence of negative emotions such as anger and fear; potential states are logically valid, feasible states that are invisible because of missing positive emotions. Dissipating negative emotions will make the hidden states visible, while expressing the appropriate positive emotions will make the potential states visible. The possibility principle has been applied to a number of real world conflicts. In all cases, eliminating logically valid states not envisioned by any DM simplifies a conflict model substantially, expedites the analysis, and makes it an intuitive and a realistic description of the DMs' conceptualizations of the conflict. <br /><br /> A fundamental principle of the Graph Model methodology is that all DMs' directed graphs must have the same set of feasible states, which are integrated into a <em>standard</em> graph model. The possibility principle may modify the set of feasible states perceived by each DM according to his or her emotion, making it impossible to construct a single standard graph model. When logically valid states are no longer achievable for one or more DMs due to emotions, the apprehension of conflict becomes inconsistent, and resolution may become difficult to predict. Therefore, reconciling emotion and strategy requires that different apprehensions of the underlying decision problem be permitted, which can be accomplished using a perceptual graph model for each DM. A perceptual graph model inherits its primitive ingredients from a standard graph model, but reflects a DM's emotion and perception with no assumption of complete knowledge of other DMs' perceptions. <br /><br /> Each DM's perceptual graph model constitutes a complete standard graph model. Hence, conclusions drawn from a perceptual graph model provide a limited view of equilibria and predicted resolutions. A graph model system, which consists of a list of DMs' perceptual graph models, is defined to reconcile perceptions while facilitating conclusions that reflect each DM's viewpoint. However, since a DM may or may not be aware that other graph models differ from his or her own, different variants of graph model systems are required to describe conflicts. Each variant of graph model system corresponds to a configuration of awareness, which is a set of ordered combinations of DMs' viewpoints. <br /><br /> Perceptual stability analysis is a new procedure that applies to graph model systems. Its objective is to help an <em>outside</em> analyst predict possible resolutions, and gauge the robustness and sustainability of these predictions. Perceptual stability analysis takes a two-phase approach. In Phase 1, the stability of each state in each perceptual graph model is assessed from the point of view of the owner of the model, for each DM in the model, using standard or perceptual solution concepts, depending on the owner's awareness of others' perceptions. (In this research, only perceptual solution concepts for the 2-decision maker case are developed. ) In Phase 2, meta-stability analysis is employed to consolidate the stability assessments of a state in all perceptual graph models and across all variants of awareness. Distinctive modes of equilibria are defined, which reflect incompatibilities in DMs' perceptions and viewpoints but nonetheless provide important insights into possible resolutions of conflict. <br /><br /> The possibility principle and perceptual stability analysis are integrative techniques that can be used as a basis for empathetically studying the interaction of emotion and reasoning in the context of strategic conflict. In general, these new techniques expand current modeling and analysis capabilities, thereby facilitating realistic, descriptive models without exacting too great a cost in modeling complexity. In particular, these two theoretical advances enhance the applicability of the Graph Model for Conflict Resolution to real-world disputes by integrating emotion and perception, common ingredients in almost all conflicts. <br /><br /> To demonstrate that the new developments are practical, two illustrative applications to real-world conflicts are presented: the US-North Korea conflict and the confrontation between Russia and Chechen Rebels. In both cases, the analysis yields new strategic insights and improved advice.

This study highlights the problematic situation fathers encounter when they require help and support in a custodial dispute. Previous research shows the emergence of a new, more involved father. In the light of this earlier research, this study will show a father that is willing to fight for his rights to be a present and engaged parent in the case of a separation from the mother. The aim was to analyze the subjective perceptions of five fathers in custodial dispute. This analysis did not only show how they perceive their role as a father and their masculinity but also the way they feel about the help they got from social services and other institutions. The fathers show feelings of subordination and discrimination of their parenthood compared to the one of the mother’s; as a result of the treatment they got from social services and other institutions.

Abstract In 2010, a Chinese fishing vessel ¡§Min Jin Yue No.5179¡¨ collided with Japanese patrol boats in Diaoyutai. The Japan Coast Guard arrested the captain of the Chinese vessel for the violation of Japanese ¡§Fisheries Act¡¨. China reiterated again and claimed that Diaoyutai fishing incidence is in Chinese territory. This incidence has resulted in the Diaoyutai sovereignty dispute on the international community. The Diaoyutai sovereignty dispute has been exist dated from 20th century into 21st.. The problem is that countries of dispute have their own national sovereignty claim. Japan claims that the Diaoyutai was included in the return area to Japan for the US-Japan Agreement to return Okinawa in 1971. By this, Japan starts harshly to prohibit both Taiwan and Chinese fishing boats into this area. This has resulted in many accidents occurring among Japan, China and Taiwan. The present study assesses and analyzes the conflicts of Diaoyutai waters associated with the attitude of China and Japan on dealing with the dispute, such as the diplomatic confrontation of China-Japan; the Japanese government quoted the wrongly legal custody of detained Chinese fishing boat captain; China postponed conference of cooperative exploitation ¡§Chunxiao Oilfield¡¨ with Japan; suspended increased flights and expanding aviation rights etc., in addition to a series of implement of political and economic sanctions, these has triggering global concerns. China practiced rare earth embargo for Japan that had probably resulted in explosive potential global trade war. Therefore, the present study has also research into the international case studies of their ruling, as examples, on resolving the sovereignty dispute. As a result of inducing settled methods and models for the island¡¦s sovereignty dispute, the present work has resulted in the deduction of ideas, suggestions and prospects to the problem of Diaoyutai especially the suspensive sovereignty and residual sovereignty issues.

In the early 90s¡¦, the government of the Republic of China, Taiwan (ROC) declared the end of martial law. Taiwanese society has moved toward multi-dimensional development, which includes the greater liberal awareness of the public, as well as gradually forming various but unique social cultures. Among these cultural changes is the right to public dispute. In the past two decades, several public disputes have occurred; from the dispute against environmental pollution by the petrochemical industry, including the Chinese Petroleum Corporation, followed by the establishment of a Du Pont chemical factory, the rejection of garbage disposal plant & incinerator building, the anti-construction of nuclear power plants & the Mei Nong reservoir. To attract more customers and to pre¡Vdominate the potential market, competitors in the telecommunication industry have implemented strategies to build excess mobile base station to enhance the quality of the signal reception. From recent scientific research, there is no clear evidence to prove that electromagnetic wave signals from mobile telecommunications have any direct impact on human health. In the Year 2000, the Executive Environmental Department in Taiwan has officially announced that electromagnetic wave signals from mobile telecommunications were not a source of pollutants. However, the objection of anti-establishing mobile base station has gradually become one of the leading issues of public dispute. The dispute approaches have tended to be radical and irrational, which has lead to strong violence. In the mean time, the government and the telecommunication industry are not able to respond to and resolve the current situation. These issues not only threaten the ability for the mobile telecommunication industry to survive, but cost an incredible amount of the social resource which it is also a great concern for the similar conditions in future society. The research motivations were developed by considering the special cultural backgrounds mentioned above. The literature review includes the following research areas: conflict management; the crises interventional communication; negotiating skills; legislation process study; and the theory of outsourcing study. Furthermore, surveys on professional groups were completed to seek expertise and feedback to help resolve public radical situations. Interviews were also conducted on some key radical and irrational people to increase the public awareness about the severity of disputes. In this study, the author also investigates reasons behind public disputes and what the public has experienced and learned. To summarize, the findings of this study: 1. In the current stage, the managerial approach only resolves a radical situation as it happens; a long term and systematic methodology is still unavailable and yet to be developed. Even though the short term resolution allows authorities to accumulate precious experiences in managing public pressure, the current methodology can not effectively prevent and avoid public disputes occurrence. 2. The fundamental idea from authorities is still in favor of ¡§technical educations¡¨ which permits technicians to take major responsibilities in implementing the idea of ¡§technical skill demonstrations¡¨ to communicate and lead the agenda. However, the outcomes do not appear to be effective to those irrational and radical disputes. 3. Political power interventions mean the government is unable to provide a stable environment for industrial developments. There are politicians¡¦ interventions from different parties; public threatens and violence might also be the reasons that cause immobilized feedbacks from the government. Based on the investigation on the pros and cons of disputes on excess mobile base station and possible dispute modes, long term and short term solutions were developed. The solutions include: 1. Possible long term solutions: (1) Develop long term strategic plans, which enable the prevention of future dispute. The practical plans include media operations, professional propaganda planning, management for united industrial unions on public disputes and offers of technical and general product propagandas to the public. (2) Organizational structure justifications, traditional conceptual changes in public disputes and formations of special negotiation teams: the authority should initiate with its negotiation process based on public opinions rather than listed contents with technical issues. Professional teams should have the ability to implement the law, the public relationship and technology to the public. (3) A liberal and a specific budget support for individual projects. (4) Mobile base station embellishments and joint venture with the industrial union. (5) Provide outsourcing to professionalism. (6) Seeking for political assistances: Through democratic operations, the government should maximize its ability in public authority monitoring and the law execution. This also ensures and protects legal welfares for the mobile telecommunication industry. 2. Possible short term solutions: (1) General strategies in station selection issues. (2) New tactics formations. (3) Training professional negotiators. (4) Holding regular conferences, exchanging ideas which draw upon useful opinions, and editing ¡§Irrational mobile base station dispute management¡¨ reference handbook. (5) Educate the public to understand and obey the law. Using the law to protect and maintain basic rights for the mobile telecommunication industry. The final discussions conclude with some proposed solutions to manage public disputes. The future research recommendations to the mobile telecommunication industry, the professional team, and the governmental organizations are also included. The aim is to establish a rational and peaceful future society and provide a stable business environment for the mobile telecommunication industry.