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Dispute settlement understanding of the WTO : implications for developing countriesSánchez-Arriaga, Alejandro January 2003 (has links)
In 1995 the WTO began functioning as an institution that aims at reducing the trade barriers between countries. The Dispute Settlement Understanding (DSU) is one of the numerous agreements that bind the WTO Members. The agreement embodies a mechanism to solve disputes which presents many obstacles to Developing Countries. This thesis seeks to shed light on the difficulties that Developing Countries commonly face when attempting to put forward a trade complaint. Taking into account the factors that cause the problematic situation, proposals for improvement are also given. Special attention is paid to the current negotiations to reform the DSU in the context of the Doha Round.
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Status of non-governmental entities and dispute settlement mechanism of the WTO : an analysis with special reference to amicus brief controversyHussain, Anwaar January 2003 (has links)
A central feature of the World Trade Organization (WTO) is its Dispute Settlement Mechanism (DSM). Access to the DSM is presently limited to member governments; other entities such as NGOs are not eligible to be WTO Members and, consequently, are denied formal participation in the dispute settlement process. However, non-governmental entities have been afforded a limited opportunity to express their views through the submission of amicus briefs in dispute settlement proceedings. There are concerns, in particular on the part of Developing Countries, over the Appellate Body's authority to confer such a role to these entities. This paper aims to analyze the issues surrounding the status of non-governmental entities at the WTO level with respect to the DSM, how its Appellate Body is interpreting the law of the WTO, and how far the criticism of Developing Countries towards the Appellate Body's interpretation of WTO law is justified.
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L'arbitrage des différends en droit de la consommation : une nouvelle approcheRaymond-Bougie, Stéphanie January 2003 (has links)
Dispute resolution is an important issue for corporations. Whether the disputes are with their suppliers, employees or with consumers, managing disputes effectively is integral to healthy business risk management. While arbitration is a well-known alternative in disputes with suppliers or employees, its use is infrequent in disputes with consumers. The purpose of this thesis is to introduce arbitration as an option for alternative dispute resolution between businesses and consumers. Banking institutions, insurance companies, businesses in the securities industry and most suppliers of good and services can usefully take advantage of this tool. In our view, the legislative framework in Quebec does not create any barriers to the use of this technique, but provides for some guidelines that corporations must comply with. We hope this paper encourages companies to exercise control of the management of their disputes with consumers with the help of arbitration mechanisms that are at the same time consistent with consumers' rights as set out in Quebec legislation.
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The WTO dispute settlement system and African countries :a prolonged slumber?Magezi, Tom Samuel January 2005 (has links)
This thesis seeks to investigate the lack of participation by African countries in the WTO Dispute Settlement System by first providing an overview of the Dispute Settlement Understanding (DSU) system and, secondly by explaining the reasons that forestall the participation of African countries.
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Care of children : families, dispute resolution and the Family CourtTaylor, Nicola J., n/a January 2006 (has links)
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.
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Finding our way : paths to justice reform in an Aboriginal community /Barron, Marcia Hoyle. January 1998 (has links)
Thesis (Ph.D.) -- McMaster University, 1999. / Includes bibliographical references (leaves 252-271). Also available via World Wide Web.
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The clash between trade mark law and freedom of speech in cyberspace : does ICANN's URDP strike the right balance?Lim, Eugene. January 2004 (has links)
Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Abraham Drassinower.
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The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka /Weddikkara, Chitra. January 2003 (has links)
Thesis (Ph.D.)--Murdoch University, 2003. / Thesis submitted to the Division of Arts. Bibliography: leaves 247-276.
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Das Verhältnis des Seerechtsübereinkommens der Vereinten Nationen von 1982 zu fischereirechtlichen Übereinkommen und deren Streitbeilegungsvorschriften /Carstensen, Nils Christian, January 2005 (has links) (PDF)
Univ., Diss.--Heidelberg, 2004. / Literaturverz. S. 11 - 32.
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Dispute resolution and the Retirement Villages Act 2003 a fair and independent process? /Craig, Margaret Anne. January 2007 (has links)
Thesis (L.L.M.)--University of Waikato, 2007. / Title from PDF cover (viewed September 30, 2008) Includes bibliographical references (p. 194-207)
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