M.A. / This research examines bargaining councils, the industrial level collective bargaining agents created by the new Labour Relations Act. This study contributes towards filling a gap not only in information that is lacking on bargaining councils, but also attempts to understand their dispute settlement role more fully. Two surveys were conducted, one, the content analysis of the constitutions of councils, and, the second, a questionnaire administered to bargaining councils, which particularly looked at their dispute work. Initial survey findings were qualified and extended through an investigation of a single council, the Clothing Industry Bargaining Council (Northern Areas). Bargaining councils place more emphasis on dispute settlement than industrial councils, and a particular difference between the two types of councils, relates to the potential role of bargaining councils to conduct arbitration. The level of accreditation may be linked to the union that is party to it. Further, a bargaining council’s ability to successfully resolve cases is dependent on clearly delineated procedures for settlement, the establishment of key relationships within the council, and, the accumulation of financial reserves. Importantly, the age of a bargaining council allows for these features to develop over time. The success of individual councils has overall benefits for labour relations in South Africa. Therefore, the formation of bargaining councils needs to be encouraged in sectors where, at present, they do not exist. Moreover, established councils should increasingly apply for accreditation for conciliation, and especially arbitration, where they are not accredited. This research modifies our understanding of councils by providing an indication of their importance in the current industrial relations dispensation, through an appreciation of the role of bargaining councils in dispute settlement. / Prof. P. Alexander

The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to reach the most appropriate and balanced resolution from both parties' viewpoint. Impartiality is, in this context, a key element when determining the most suitable method for resolving expropriation disputes. This is so considering that the reason for the abandonment of diplomatic protection and litigation as methods for resolving expropriation disputes was concerns over their partiality towards one of the disputants. Currently, with the proliferation of investment treaties, treaty-based arbitration has become the most popular method for resolving such disputes. However, the suitability of treaty-based arbitration is criticised as a process which is likely to be partial in favour of investors and their investment protection rights. Such a partiality is likely to be found in treaty-based arbitration's origin, substance and procedural aspects. Therefore, it can be argued that there is room for mediation as an alternative dispute resolution method to be adopted and supplemented arbitration for settlement of petroleum expropriation disputes. In fact, mediation enjoys various qualities which makes it especially attractive for such disputes, including its time and cost efficiency, its ability to explore win-win settlement options and to save the disputing parties' relationship, and the flexibility and collaborative nature of the process. More importantly, its self-determination principle is a feature which guarantees the impartiality of mediation. However, mediation, like other dispute resolution methods, is not without its disadvantages. It faces challenges with regard to its voluntary and non-binding nature, confidentiality, its inability to deal with the political overtones of petroleum expropriation disputes, its retarding effect on jurisprudence development and disputants' lack of familiarity with the process. Nonetheless, having proposed some solutions to these shortcomings, this thesis concludes that mediation should be used and encouraged more systematically for resolving petroleum expropriation disputes.

No description available.

Thesis (LLM) --University of Limpopo, 2011

La dématérialisation des méthodes de traitement, de transmission et de conservation de l’information modifie substantiellement les rapports économiques et sociaux. Le domaine juridique n’aurait pu rester étranger à ce mouvement de fond. Le droit et la justice s’en trouvent bouleversés jusque dans leurs organisations, leurs méthodes et leurs métiers. L’adaptation du droit aux technologies numériques désormais acquise, les craintes et résistances liées à leur intégration dans le fonctionnement judiciaire surmontées ; la dématérialisation des actes du procès et leur communication électronique se généralisent. Une phase de maturation débute à présent, celle d’un retour au droit de la procédure civile et de l’appréciation que la jurisprudence fera de ces innovations technologiques. Il conviendra dès lors de veiller à ce que cette appropriation serve pleinement les intérêts des justiciables et de la justice. / Paperless methods of data production, process and records management has substantially changed both the economic and social relationships. Therefore, French law and justice could not have ignored these technological evolution which is deeply impacting their own organisation, methods, and professions. The necessary adaptation by French law and Justice to digital technologies now acquired, and concerns or fears on their integration into the civil litigation process being overcome ; dematerialisation of procedural acts and their communication in electronic forms are generally used. Regarding this technological reality, attention needs henceforth to be directed towards the role of each relevant actor of the French E-justice to make sure that such proceedings allow a fair trial to any litigant

No description available.

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.

This paper discusses the role played by Dispute Resolution Mechanisms in the European Union and the North American Free Trade Agreement (NAFTA), and the way in which they potentially contribute to the constitutionalization of such Regional Trade Agreements. The European Court of Justice has played a major role in the constitutionalization of the European Union due to the preliminary reference procedure, as well as the principles of direct effect and supremacy. The lack of availability to NAFTA Dispute Resolution Mechanisms of the principles which are so influential with the European Court of Justice mean that NAFTA’s Dispute Resolution Mechanisms are unable to drive constitutionalization in a manner similar to the ECJ. Chapter 11 of NAFTA however has the potential to act as a agent of constitutionalization within the scope of international investment law, but not of NAFTA itself.

This paper discusses the role played by Dispute Resolution Mechanisms in the European Union and the North American Free Trade Agreement (NAFTA), and the way in which they potentially contribute to the constitutionalization of such Regional Trade Agreements. The European Court of Justice has played a major role in the constitutionalization of the European Union due to the preliminary reference procedure, as well as the principles of direct effect and supremacy. The lack of availability to NAFTA Dispute Resolution Mechanisms of the principles which are so influential with the European Court of Justice mean that NAFTA’s Dispute Resolution Mechanisms are unable to drive constitutionalization in a manner similar to the ECJ. Chapter 11 of NAFTA however has the potential to act as a agent of constitutionalization within the scope of international investment law, but not of NAFTA itself.

Thesis (Ph. D.)--University of Texas at Austin, 2000. / Vita. Includes bibliographical references (leaves 230-239). Available also in a digital version from Dissertation Abstracts.