Law Commons^™

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi

LL.M. Essays & Theses

In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …

The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip

LL.M. Essays & Theses

Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib

Theses and Dissertations

This paper examines electronic contract regulation in the context of business-to-consumer transactions. The technological advancement and cross-border nature of e-commerce have posed significant challenges to the Egyptian legal framework highlighting the limitations of general commercial contract rules with regards to electronic contracts. This thesis argues that access to the courts is hindered by restrictive terms in the electronic contracts over which the Egyptian law has no jurisdictional power. Accordingly, private institutions set the rules in the e-contracts and enforce them through private methods leaving no room for state intervention to ensure the protection of consumers. Hence, the application of national …

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …

Effects Of Mediation On Employee Efficiency In Human Services Centers And In Other Organizations That Serve Vulnerable Populations, Mariya Mironova

Department of Conflict Resolution Studies Theses and Dissertations

Social workers and other professionals who offer caring services to vulnerable populations are oftentimes exposed to stressful environments. Employee burnout, vicarious traumas, and other stressors jeopardize worker’s efficiency. According to previously conducted research studies, organizational and interpersonal conflicts may be effectively addressed through mediation. However, the studies do not address the use of mediation for the resolution of workplace disputes in centers of human services. This study explores effects of mediation on worker’s efficiency in such centers, and this study proposes that mediation positively affects worker’s efficiency. The proposed methodology for testing this proposition involves a single case study with …

Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences, Linda Kovack

Department of Conflict Resolution Studies Theses and Dissertations

Navigating the human side of workplace conflict poses challenges. A gap in knowledgeexists within an alternative dispute resolution option known as the organizational ombuds. Prior research referenced the ombuds' perception of his/her own role and functionality yet did not explore ombuds in differing organizational sectors. The research I explored was: What are the similarities and differences among and between ombuds in employment environments of higher education, the public or private sector, and the federal government? To address this question, I presented comprehensive case study profiles on a total of 8 organizations: 3 in higher education, 3 in the federal government, …

Pushed Out Of High School: Narratives Of Teaching Under The Testing Regime, Sheila Alexis-Fabius

Department of Conflict Resolution Studies Theses and Dissertations

The No Child Left Behind Act (NCLB) was enacted as an education intervention to close the achievement gap by increasing student attendance, graduation, and standard testing rates. NCLB held teachers and administrators accountable for successfully meeting adequate yearly progress gains. However, the emerging NCLB research uncovered a culture of conflict with academically at-risk students being pushed out of the public school system and rise in disciplinary actions towards minority students. This study employed John Gultang’s structural violence, John Burton’s basic human needs theory, and adultification theory to highlight the significance of understanding the conflict in high-stakes testing regimes. This research …

The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo

Theses and Dissertations

The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …

Proposing A Constructivist Approach To Resolving Trade Conflicts Under The African Continental Free Trade Area Agreement (Afcfta): A Cross-Jurisdictional Analysis, Oluwayesi Sanni

LLM Theses

Essentially a research of an interdisciplinary nature, this thesis seeks to carefully combine budding thoughts from two different areas of scholarship in order to present a unique underlying perspective. On the one hand, there is the study of conflict and its resolution from such intrinsic standpoint as to appreciate it as constitutive of the Society with the aim of achieving more wholesome outcomes that accentuates the uniqueness of each society. On the other hand, the recent coming to force of AfCFTA has left so much for scholars to grapple with, including how its dispute settlement regime could reflect more on …

The Morning After: A Phenomenological Approach To Understanding The Process Of Repair And Reconciliation In The Aftermath Of Clergy Sexual Misconduct, Damion Taj Quaye

Department of Conflict Resolution Studies Theses and Dissertations

American religious institutions are expected to be free from the unsettling behaviors found in secular institutions. However, scandals in churches have revealed a difficult truth; the people who operate these faith institutions are just as flawed as those who do not. This hermeneutic phenomenological study explored the damage caused by clergy sexual misconduct. Congregations, families, religious organizations, and the concept of the Christian church suffer because of clergy sexual misconduct. There are significant barriers to repair and reconciliation. Cases of clergy sexual misconduct in the Roman Catholic Church have received much of the attention, but the problem is bigger than …

A Brand New Narrative: Social Attitudes Toward Conflict Resolution And Inefficiency In Marketing And Branding, Emily Skinner

Department of Conflict Resolution Studies Theses and Dissertations

This study aimed to bring to light infield internal assumptions, expectations, and knowledge that may influence limitations on fostering an environment that can increase a social demand for conflict resolution services, knowledge, and practices. The research explored if the field’s marketing is influenced by the macro social norms, assumptions, and expectations of conflict and if they influence how the field communicates with its market. The study’s goal was to investigate if the marketing and the branding of conflict resolution are influenced by the social fact of conflict as negative. This study explored conscious and unconscious broad patterns of common-sense knowledge, …

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

Youth’S Conceptualization Of Peace, Violence, And Bullying And The Strategies They Employ To Address The Violence And Bullying In Their Lives, Charles H. Goesel

Department of Conflict Resolution Studies Theses and Dissertations

This dissertation allowed the researcher to analyze 171 pieces of youth-created artwork and narratives by children aged six to nine who took part in the peace education, mentorship, and literacy program, READING PEACE PALS, implemented with an underserved population at a Boys and Girls Club in the U.S. Qualitative content analysis (Krippendorf, 1980; 2004) was used to analyze the artwork and narratives to gain insight into children’s conceptualization of peace, violence, and bullying and their strategies for addressing bullying and violence.

The findings uncovered the myriad of unique ways youth conceptualize and define peace and the strategies they employ to …

“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study, Ronald Brooks Wiley

Department of Conflict Resolution Studies Theses and Dissertations

Advocates of restorative and transitional justice practice have long drawn from practices of indigenous peoples to form the basis for more sustainable, relational, participatory, community-based approaches to conflict resolution. With the resurgence in Kazakh nationalism since the Republic of Kazakhstan independence, repatriated diasporic Kazakhs, who through cultural survival in diaspora retain more of their ethno-cultural characteristics, influence a revival of Kazakh language and culture. The purpose of this study was to understand the indigenous informal restorative conflict resolution practices of the Kazakh people. The questions that drove this study were: What indigenous informal forms of dispute resolution have been in …

Women In Ministry: How Conflicts Between God's Purpose And Church Doctrine Impact The Efficacy Of Female Church Leaders, Nicole L. Davis

Department of Conflict Resolution Studies Theses and Dissertations

The following research was a biographical narrative that examined the lived experiences of male and female church leaders and their perspectives on the social, moral, and religious implications of female church leadership. The purpose of this research was to explore the ideologies and identities of women leaders within the faith ministry, the definitions of ministry and leadership, the role of women in church ministry, and their understanding of marketplace ministry. I employed conflict resolution theories relating to power, change, and mental modeling as the basis of analysis for evaluating the impact of church policies and practices on the utilization of …

The Scope Of Party Autonomy In International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti

LLM Theses

Transnational contracts are almost inevitable in the world today. It follows that a system of law must govern the resolution of disputes that arise from the contracts. The freedom of parties to choose a law that regulates transnational contracts is recognized by most countries as party autonomy. However, the extent of this autonomy has been controversial. This thesis unravels the controversy surrounding the doctrine of party autonomy and, more importantly, provides another perspective to the argument – that the application and scope of party autonomy in countries is determined by historical, colonial, economic, and religious factors. It uses this as …

A Closed Mouth Gonna Get You Nothin’: How Conflict Is Handled After Diversity And Inclusion Training, Enrico E. Manalo

Graduate Masters Theses

Diversity and Inclusion training is often used in organizations to engage with the increasing demographic diversity in the United States. However, many organizations continue to base their trainings and initiatives on a paradigm which was primarily motivated to prevent litigation, rather than to ensure economic opportunity for all. Over time, such Diversity efforts failed in many documented instances to ensure such opportunities and in fact, created a host of unwanted side-effects, such as employee turnover, job dissatisfaction, and misconceptions regarding the soundness of Diversity and Inclusion efforts.

However, a number of organizations have undertaken Diversity and Inclusion efforts in earnest. …

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in …

The Evolving Korean Statutory Law On Arbitration, Eunok Park

SJD Dissertations

The Republic of Korea (Korea) is one of the countries the economy of which has developed rapidly over the past four decades. According to the World Bank, in 2016, Korea had the world’s eleventh-largest economy and was in eighth place in the world for trade. Considering its land mass, population, and natural resources, it is amazing how fast and big the Korean economy has developed. In the 1980s, Korea was known as one of the “Asian Dragons” along with Taiwan, Hong Kong, and Singapore. All these countries were believed to have great economic potential and the possibility for development. Among …

Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer

Dissertations and Theses

The purpose of this thesis is to examine and evaluate the effectiveness of those dispute settlement mechanisms that are capable of resolving the Guyana-Venezuela border dispute. This thesis will analyze those legal principles and/or techniques of the International Court of Justice, mediation and the Permanent Court of Arbitration, which are indispensable for dispute resolution. I argue that a resolution is significant for the stability of the international community.

Guyana and Venezuela possess economic and political interests in the disputed Essequibo region. Venezuela’s predilection for bilateral negotiations contradicts Guyana’s request for a judicial solution. These extreme positions are not novel but …

Arbitration Of Intra-Corporate Disputes In Turkish Law, Aysel Cetinkaya Uyar

SJD Dissertations

Arbitrability establishes the essential boundary between the regulatory authority of the legal system and the contractual process of arbitration. Arbitrability may overlap with public policy and other vital concerns of national legal systems. Today's legal systems may clearly maintain the scope of their authority and resist acquiescing to the trend toward universal arbitrability. States may, in fact, choose to prioritize their sovereignty over other principles of law such as freedom of contract in some certain circumstances. Protecting and maintaining the legal apparatus supporting the social, political, and economic order of the State may require such an approach. Certain areas of …

The Virtue Of Process: Finding The Legitimacy Of Judicial Fact-Finding In Personal Injury Litigation, Nayha Acharya

PhD Dissertations

This thesis is an inquiry into the legitimacy of judicial fact-finding in civil litigation. Judges make authoritative factual findings in conditions of uncertainty and the decision-making process cannot, and does not, guarantee the accuracy of those outcomes. Given the inevitable risk of error, on what basis is the authority of judicial fact-finding legitimate? This project provides a framework of procedural legitimacy that bridges two unavoidable aspects of adjudication: factual indeterminacy and the need for justifiably authoritative dispute resolution. This work draws of the legal theories of Lon Fuller and Jurgen Habermas to substantiate the notion of procedural legitimacy in the …

Achieving Justice Through Adr: An Analysis Of The Korean Mediation System, Yonghwan Choung

Maurer Theses and Dissertations

The purpose of this research is to reconsider Korean judicial mediation as a part of alternative dispute resolution (“ADR”) and to discuss the possible legal transition of Korean judicial mediation into private sector mediation.

Similar to other states’ judicial problems, Korea has also faced overloaded case dockets, congestion of the civil process, an expensive legal process, and emotional stress on parties during the procedures. The Korean judicial authority continuously developed the Korean mediation programs, which can be categorized as court-related mediation, including court-annexed and court-connected mediations. Based on enactment of the Judicial Conciliation of Civil Disputes Act of 1990 (“JCCDA”) …

The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson

CMC Senior Theses

This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements. …

Corruption In International Arbitration, Inan Uluc

SJD Dissertations

Corruption represents a great menace to national and international development. It jeopardizes democracy, human rights, and social justice. Consequently, corruption is vehemently abhorred and denunciated by members of the international arbitration arena. Unfortunately, while these players purport repugnance towards corruption and do not condone corrupt acts, there has arisen a misplaced distrust of arbitral process as a proper dispute resolution system. Further, when amalgamating the inherent opaqueness of the arbitral process, its structure founded upon party autonomy, and the clear lack of authority for arbitrators to compel evidence, such distrust persists and encourages belief that arbitration is a venue where …

Tharu Barghar-Mukhiya Indigenous Model: A Case Study Of Tharu Community Of Nepal, Narayan B. Khadka

Department of Conflict Resolution Studies Theses and Dissertations

This research explores the indigenous conflict resolution processes practiced by the Tharu community living in Nepal’s Bara, Dang and Bardiya districts, the role of Tharu traditions and customs, and the function of the Barghar-Mukhiya. Due to geographic and monetary challenges experienced by the Tharu accessing Nepal’s formal justice system, they continue to serve as a viable and vibrant vehicle for resolving minor and major conflicts at the community level and form the basis of researcher’s Barghar-Mukhiya model. Shaped by Tharu collectivist culture and traditions, it supports the social fabric of the community. Utilizing qualitative case study methodology, this research assesses …