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Dispute Resolution and Arbitration

2016

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Articles 1 - 30 of 318

Full-Text Articles in Law

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini Dec 2016

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini

Indonesia Law Review

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …


Awards Of The Maritime Arbitration Commission, G. A. Maslov Dec 2016

Awards Of The Maritime Arbitration Commission, G. A. Maslov

Georgia Journal of International & Comparative Law

No abstract provided.


Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev Dec 2016

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.


Contents Dec 2016

Contents

Georgia Journal of International & Comparative Law

No abstract provided.


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons Dec 2016

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi Dec 2016

Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

The essay grew out of Hannah Arendt’s reflection on the roles and uses of the mask, a meditation on the ontology of the transient public figure or persona vs. one that restitutes the person to the unadulterated Selbstdenken dimension of the Epicurean philosopher-in-hiding. The author individuates in the resulting caesura between the donning and the taking off of the mask the primal source of that paradox in Hanna Arendt’s political behavior that alternately compelled her to confront the ontological presence of the Palestinian people, and made her withdraw into philosophical hiding without ever really coming to terms with it. In …


Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez Dec 2016

Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez

Cultural Encounters, Conflicts, and Resolutions

The Spanish-language anthology Caminos para la paz: Literatura israelí y árabe en castellano (Buenos Aires: Corregidor, 2007) [Paths towards/for Peace: Israeli and Arab literature in Castilian], compiled by Ignacio López-Calvo and Cristián Ricci, offers us a collection of over thirty reflections—some Jewish, others Muslim—about the millennial but also contemporary situation of two literally related and historic peoples in a language—Spanish—that seemingly allows them to inhabit the same, this time uncontested, space. Despite the potentially questionable title of the work, which couches the conflict as that of a nation-state versus a nation and/or two peoples contesting rights to one same land, …


Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood Dec 2016

Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood

Cultural Encounters, Conflicts, and Resolutions

Many preservice teachers come to understand that they must cross the boundaries of their own familiar cultural and historical contexts in order to meet the needs of diverse students. This qualitative and descriptive study examines the evolution of secondary preservice teachers’ views on teaching and learning mathematics and science in historical and cultural contexts. Data were collected throughout participants’ enrollment in a semester-long course entitled Perspectives on Science and Mathematics, which is taken in conjunction with student teaching. Data sources included university classroom observations, preservice teachers’ verbal and written responses to class discussions, reading assignments, and course activities. Common themes …


Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Dec 2016

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Dec 2016

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore Dec 2016

American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore

Cultural Encounters, Conflicts, and Resolutions

This article examines the status of American Muslims in the United States in relationship to other cultural groups and some of the widespread stereotypes that plague Muslims in contemporary society. Much has been written about the discrimination faced by Muslims, particularly after the September 11, 2001 attacks, spawned by religious, racial, and ethnic bigotry. Some polls show many Americans harbor some prejudices against Muslims, but these prejudices have not resulted in widespread violence or discrimination; although there has been some violence and discrimination experienced by some Muslims, the empirical data show that the majority of American Muslims are very successful …


On Confucius’S Ideology Of Aesthetic Order, Li Wang Dec 2016

On Confucius’S Ideology Of Aesthetic Order, Li Wang

Cultural Encounters, Conflicts, and Resolutions

Advocating order, order for all things, and taking order as beauty is the core element of Confucius’s aesthetic ideology. Confucius’s thought of aesthetic order is different from others of the “hundred schools of thoughts” in the pre-Qin period, and is also diverse from the Western value of aesthetic order. Confucius’s thought of aesthetic order has its own unique value system, which has become the mainstream value of aesthetic order in the Chinese society for 2000 years until today, after being integrated with the Chinese feudal imperial system in early Han Dynasty. This paper illustrates Confucius’s ideology of aesthetic order from …


Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula Dec 2016

Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula

Columbia Center on Sustainable Investment Staff Publications

The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …


Book Review: Contemporary Issues In Mediation (Volume 1), Dorcas Quek Anderson Dec 2016

Book Review: Contemporary Issues In Mediation (Volume 1), Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This is a review of a publication by Singapore International Mediation Institute (SIMI) featuring the top ten entries of its inaugural essay writing competition. The author comments on the essays covering a range of topics in the mediation field including the impact of Singapore culture on the practice of mediation; mediation theories and techniques; and the interface between mediation and the law.


The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr. Nov 2016

The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer Nov 2016

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law Nov 2016

Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment has produced this conference report on CCSI’s Conference on Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action. A shorter outcome document, which was disseminated at COP22, is also available. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the …


International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven Nov 2016

International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven

Columbia Center on Sustainable Investment Staff Publications

Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.

International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …


Outcome Report Of Workshop On International Investment And The Rights Of Indigenous Peoples, Kaitlin Y. Cordes, Jesse Coleman Nov 2016

Outcome Report Of Workshop On International Investment And The Rights Of Indigenous Peoples, Kaitlin Y. Cordes, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

On May 12, 2016, the United Nations (UN) Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, and the Columbia Center on Sustainable Investment hosted a one-day workshop on international investment and the rights of indigenous peoples. This outcome document synthesizes the discussions that took place during the May 12 workshop.

The workshop was part of a series of consultations undertaken to support the Special Rapporteur's Second Thematic Analysis on the Impact of International Investment Agreements on the Rights of Indigenous Peoples. Held at the Ford Foundation in New York, the workshop brought together 53 academics, practitioners, indigenous …


Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer Nov 2016

Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

The United States concluded in 2015, the Trans-Pacific Partnership (TPP) agreement with 11 other countries and the European Union (EU) concluded a revised version of the Comprehensive Economic Trade Agreement (CETA) with Canada in 2016. The provisions on investor-state dispute settlement (ISDS) of the two agreements could not be more different. While the TPP sticks to the traditional system of investor-state arbitration, CETA now contains a two-layered court system with pre-elected tribunal members. The present contribution seeks to analyse the convergences and differences between the two first concluded mega-regionals in greater detail with a special focus on the CETA court …


C-Drum News, Fall 2016 Oct 2016

C-Drum News, Fall 2016

The C-DRUM News

No abstract provided.


Unconscionability Attacks On Arbitration No Longer Tolerated: Torrence Effect On Arbitration Clauses In North Carolina, David Vaught Oct 2016

Unconscionability Attacks On Arbitration No Longer Tolerated: Torrence Effect On Arbitration Clauses In North Carolina, David Vaught

North Carolina Central Law Review

No abstract provided.


Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure Oct 2016

Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

No abstract provided.


Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli Oct 2016

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Faculty Scholarship

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …


Mediation In The Arbitration House, Nadja Alexander Oct 2016

Mediation In The Arbitration House, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the objection to the combination of mediation and arbitration processes in dispute resolution settings is discussed.


Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig Sep 2016

Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll Sep 2016

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple Sep 2016

Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple

Noel Semple

No abstract provided.


Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray Sep 2016

Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray

Reports

The Report and its sister report, Shaping the Agenda 1, give a fascinating insight into the world of workplace mediation in Ireland and abroad. It identifies key issues in relation to mediator skills, competencies and behaviours in this sector of mediation. Of enormous significance is the application of this research to the Irish context and specifically to the setting and maintenance of standards of training and practice in relation to workplace mediation. This work has put the MII, as the professional association for mediators in Ireland, in a position to build standards and policies on solid, detailed and considered research, …


Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray Sep 2016

Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray

Reports

This report outlines what is currently known about workplace mediation: its benefits, styles and strategies, its expected outcomes and training challenges. It also identifies an urgent requirement for Irish research in light of the increased promotion of mediation at state level in Ireland. It outlines some international experiences of the difficulties faced in balancing high quality accreditation and regulation with innovation and growth.