Thematische Bibliographien / Scientific disputes

Auswahl der wissenschaftlichen Literatur zum Thema „Scientific disputes“

Autor: Grafiati

Veröffentlicht am 26. Juli 2024

Zuletzt aktualisiert am 26. Juli 2024

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Zeitschriftenartikel zum Thema "Scientific disputes"

Johnson, Branden B. „“Counting votes” in public responses to scientific disputes“. Public Understanding of Science 27, Nr. 5 (01.05.2017): 594–610. http://dx.doi.org/10.1177/0963662517706451.

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Publicized disputes between groups of scientists may force lay choices about groups’ credibility. One possible, little studied, credibility cue is vote-counting (proportions of scientists on either side): for example, “97%” of climate scientists believe in anthropogenic climate change. An online sample of 2600 Americans read a mock article about a scientific dispute, in a 13 (proportions: 100%–0%, 99%–1%, … 50%–50%, … 1%–99%, 0%–100% for Positions A and B, respectively) × 8 (scenarios: for example, dietary salt, dark matter) between-person experiment. Respondents reported reactions to the dispute, attitudes toward the topic, and views on science. Proportional information indirectly affected judged agreement but less so topic or science responses, controlling for scenarios and moderators, whether by actual proportions or differing contrasts of “consensus” versus “near-consensus.” Given little empirical research with conflicting findings, even these low effect sizes warrant further research on how vote-counting might help laypeople deal with scientific disputes.

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Freitas, Fábio, Olival Freire Jr. und Iolanda Faria. „Power Relations in Science: The Bohr and Wheeler-Everett Dialogue on the Foundations of Quantum Mechanics“. Transversal: International Journal for the Historiography of Science, Nr. 8 (30.06.2020): 26. http://dx.doi.org/10.24117/2526-2270.2020.i8.04.

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Pierre Bourdieu challenged the notions of science when he presented it as a field of peers competing for the monopoly of scientific authority. As scientific capital equals power, science disputes become disputes for power. Yet, simultaneously, those disputes occur within the internal logic and language of the scientific field. In this article, we present those ideas and examine a case study within the history of quantum mechanics, a dispute inside the ongoing controversy about the foundations of quantum mechanics. We present the Wheeler-Everett and Bohr dialogue in terms of Bourdieu’s sociology of science and discuss the insights that such ideas can bring into the history of science.

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Akhunov, Sherzod. „International investment disputes in the conditions of a pandemic“. Общество и инновации 2, Nr. 1/S (10.02.2021): 23–29. http://dx.doi.org/10.47689/2181-1415-vol2-iss1/s-pp23-29.

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This article discusses theoretical and practical issues of investment disputes, as well as the role and role of arbitrators in dispute resolution. The legal significance of online arbitration in the context of a modern pandemic in resolving disputes, the scientific views of representatives of this field and some aspects of practice have been studied. Also, a scientific and practical analysis of the issue of enforcement by states and individuals of arbitration decisions on the settlement of international investment disputes, as well as international legal aspects was carried out.

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Polenchuk, Mariia Dmitrievna. „Tax Treaty Dispute Resolution Procedures“. Налоги и налогообложение, Nr. 2 (Februar 2023): 52–69. http://dx.doi.org/10.7256/2454-065x.2023.2.38324.

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The subject of the work is a comparative analysis of the OECD approach and the EU approach to the resolution of international tax disputes. The research is conducted on the basis of the provisions of the OECD Model Tax Convention, the OECD Multilateral Tax Convention, the EU Arbitration Convention and the EU Directive. The purpose of the work is to find the most effective mechanism for resolving international tax disputes in terms of ensuring the protection of taxpayers' rights in the dispute resolution procedure. The methodological basis of the work was made up of general scientific (analysis, classification, synthesis, deduction, induction, analogy), private scientific (system method) and special legal (formal legal and comparative legal) methods of scientific research. The scientific novelty of the work suggests the proposal and justification as a way to increase the effectiveness of the resolution of international tax disputes, the use of mediation in a mutually agreeable procedure with the provision of the taxpayer with the possibility of direct participation in the dispute resolution procedure. Based on the results of the study, the author came to the following conclusions. The practice of applying the mutual agreement procedure and arbitration shows that this dispute resolution mechanism has a number of significant drawbacks. In order to improve the efficiency of dispute resolution, the OECD and the EU are striving to develop mandatory arbitration and do not consider non-binding mechanisms, since they do not guarantee an agreement on the dispute. However, mandatory arbitration cannot be considered a universal instrument, since States see it as a threat to sovereignty. The experience of States that actively use mediation to resolve domestic tax disputes shows that mediation can also become an effective mechanism for resolving disputes at the international level, since it allows the parties to consider various aspects of the dispute from different sides. According to the author's position, the shortcomings of mediation outlined in the doctrine can be mitigated by granting the affected taxpayer the right to participate directly in mediation, presenting his position on the case.

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Mazaraki, Nataliia Anatoliivna. „EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS“. SCIENTIFIC BULLETIN OF POLISSIA 1, Nr. 2(14) (01.03.2018): 180–87. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-180-187.

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Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis. The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters defining. At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials. The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions. The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.

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Singer, Howard L. „Institut Pasteur v. United States: The, AIDS Patent Dispute, the Contract Disputes Act and the International Exchange of Scientific Data“. American Journal of Law & Medicine 15, Nr. 4 (1989): 439–59. http://dx.doi.org/10.1017/s0098858800007012.

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In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit.The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act.Soon after the Court of Appeals decision, President Reagan and Prime, Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggests that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.

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Nelkin, Dorothy. „Scientific journals and public disputes“. Lancet 352 (Oktober 1998): S25—S28. http://dx.doi.org/10.1016/s0140-6736(98)90297-5.

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Kravtsov, D., I. Zinovatna, Y. Burniagina, N. Orlova, O. Soloviov und O. Konopeltseva. „MEDIATION AS AN ALTERNATIVE WAY TO SOLVE THE LABOR DISPUTES“. Scientific Notes Series Law 1, Nr. 12 (Oktober 2022): 73–79. http://dx.doi.org/10.36550/2522-9230-2022-12-73-79.

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The article is devoted to the study of mediation as an alternative way of resolving labor disputes. The authors conducted a comparative analysis of the definitions of mediation contained in the Law of Ukraine «On Mediation» and in the relevant laws of Austria, Bulgaria, Spain, Kazakhstan, Lithuania, Malta, Moldova, Germany, Poland and concluded that the legal definition of mediation in Ukraine as a whole takes into account the experience of other countries. The scientific analysis of the term «mediation» allowed the authors to propose their own definition of mediation as an alternative way to resolve labor disputes, according to which mediation - voluntary, alternative way to resolve labor disputes, by negotiating with the involvement a third party (mediator) to achieve a mutually acceptable solution to the dispute. It is argued that the peculiarity of mediation is that, in contrast to the judicial settlement of a dispute, mediation involves the acceptability of the result obtained for all parties to the conflict. The scientific work draws attention to the advantages of mediation over other ways of resolving labor disputes. The features of mediation as an alternative way of resolving labor disputes were also highlighted.

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Slyvinska, A. V. „CONCEPT, FEATURES AND TYPES OF CORPORATE DISPUTES“. Economics and Law, Nr. 2 (09.09.2021): 40–52. http://dx.doi.org/10.15407/econlaw.2021.02.040.

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The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, shareholder, member), including a participant who left, related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of the legal entity. It is proposed to consolidate this definition of corporate dispute in paragraph 3 of part 1 of Art. 20 of the Economic Procedural Code of Ukraine. The key features of the corporate disputes are determined and characterized: content; special subject composition; grounds and circumstance in proof; plurality and exclusive nature of remedies in such disputes. It is established that the content of corporate dispute is corporate relations, which the legislation currently defines only through corporate rights. The necessity of complex understanding of corporate relations is substantiated and it is proposed to consider them in part 3 of Art. 167 of the Economic Code of Ukraine as relations related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of a legal entity. Based on the analysis of the features of corporate disputes, research of scientific approaches and relevant case law, the classification of such disputes is carried out. In particular, corporate disputes are proposed to be classified according to subjective, substantive criteria, as well as on the grounds of their occurrence. It is established a list of disputes that belong to corporate and distinguished them from related disputes. In order to resolve the problem of jurisdiction of disputes arising from corporate relations, it is proposed to enshrine in part 1 of Art. 20 of the Economic Procedural Code of Ukraine list of corporate disputes.

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Palanissamy, Ayyappan, und Kesava Moorthy. „Consumer Dispute Resolution in Cyberspace - Trends and Developments“. International Conference on Advances in Business, Management and Law (ICABML) 2, Nr. 1 (02.03.2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.

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Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rights absolutely. As the cyber environment usage continues to expand, it is utmost important to design effective mechanisms for resolving online commercial disputes because traditional adjudicatory process can be time consuming, expensive and may raise jurisdictional problems. Though the current trends and practice in the field of online dispute resolution exists, it appears that there are various aspects relating to which are yet to be clarified. This article aims to present a national and international scientific literature review on the models of Dispute Resolution mechanisms, discusses the use of Alternative dispute resolution systems (including ODR), types of procedure and mechanisms adapted for dealing with commercial disputes in India. It also looks into the international frameworks available with redressal systems and its effectiveness in dealing with cross border disputes.

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Mehr Quellen

Dissertationen zum Thema "Scientific disputes"

Foster, C. E. „The adjudication of international disputes involving scientific uncertainty“. Thesis, University of Cambridge, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.599132.

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A challenge is posed to the institution of international adjudication by international disputes concerning physical risks to human beings and the environment. These cases are requiring international tribunals to exercise their powers of adjudication in circumstances of scientific uncertainty. This thesis posits that, by dint of the development and clarification of the law and through the revisitation of rules about proof, international adjudication is developing the capacity to deal with such international disputes. A growing emphasis on the importance of international procedural obligations, the harmonisation of international law, and a broadening acceptance of precautionary doctrines in substantive law help shape the legal issues coming before tribunals in disputes involving scientific uncertainty into more manageable form. International courts and tribunals are meanwhile attending to the problems that may be posed by the concept of a burden of proof in disputes involving scientific uncertainty. A move towards a more inquisitorial style of adjudication, relying on tribunals’ appointment of independent expert advisors, provides relief from pressures associated with the application of traditional rules on proof in such cases. At the same time, tribunals’ adjudicatory competence in such disputes is gradually being defined, using criteria by which respondents’ activities may practically be assessed, such as rationality and reasonableness.

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Lundqvist, Annika. „The Liming in Northern Sweden : the administrative handling of the scientific disputes“. Thesis, Linköping University, Department of Thematic Studies, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2099.

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During the last four decades, acidifications has been seen as a great environmental hazard. To combat the effects of the acidification, the Swedish government is funding liming of affected areas. This practice has been questioned in northern Sweden, since there is no general agreement about the origin of the acidity there. This thesis aims to explain the administrative handling of the scientific disputes, and thereby the relation between the responsible authority, the Swedish Environmental Protection Agency (SEPA) and the research exrecised on the matter. Research findings are therefore compared with the content of interviews, performed by civil servants at SEPA. It is concluded that the liming in northern Sweden is a very complicated issue, involving many groups and individuals - so much so that it might not just be an issue of acidification science.

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Martin, Brian Randall. „The causes of scientific disputes in impact assessment and management : the Utah mines case“. Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/25467.

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This thesis identifies the causes of disputes between scientists who are involved in environmental impact assessment and management (EIAM), and suggests some critical elements of scientific dispute resolution processes, particularly peer review. It does this within the context of a case study, the environmental assessment, monitoring, and management of the Island Copper Mine marine tailings discharge into Rupert Inlet, B.C. The events of this case are analysed, drawing on literature on the scientist's role in impact assessment and management, and on the philosophy and sociology of science literature. The case study and literature review indicate that the causes of such scientific disputes are complex. The complexity and uncertainty of the physical and biological processes of a fjord system are one cause. Logistical failings in integrating scientists into the process are another: poor timing of scientists' efforts; failures of communication; and lack of accountability are examples. Poor methodology and inadequate research design also caused disputes. The transdisciplinary nature of the scientific problems common to EIAM causes disagreements of a different nature-- over the relevance of various disciplines' research foci to the problem at hand, and over what constitutes acceptable scientific practice. Value and interest conflicts between scientists, which influence both the trajectory of research and the interpretation of its results, complete the typology of the causes of disputes. The thesis recommends the elements of peer review processes necessary to resolve these disputes. Peer review should be pre-emptive, by focussing on research design where possible, and should be representative of the range of relevant scientific disciplines, and should facilitate constructive solutions rather than the defense of positions.
Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate

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Jakku, Emma, und n/a. „Murky Waters? Science, Politics and Environmental Decision-Making in the Brisbane River Dredging Dispute“. Griffith University. Australian School of Environmental Studies, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20040810.131650.

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Environmental sociology and the sociology of scientific knowledge provide a strong theoretical foundation for investigating the role of science in environmental disputes. The field of environmental dispute resolution has built a body of literature, outlining the techniques and practices that underpin the successful resolution of disputes, over controversial environmental issues. However, the literature on dispute resolution has generally neglected the role of science in environmental disputes. This thesis develops a theoretical framework based on concepts from environmental sociology and the sociology of scientific knowledge in order to critically examine the role of science in environmental disputes. In particular, this thesis combines the theory on claims-making from environmental sociology with actor-network theory and the theory on boundary-work from the sociology of scientific knowledge, to analyse the way in which science was involved in the dispute over phasing out extractive dredging from the Brisbane River. Data were collected from qualitative in-depth interviews with key players in the Brisbane River dredging dispute and combined with analysis of relevant documents and newspaper articles. Each of the components of the theoretical framework developed in this thesis contributes to an in-depth analysis of the way in which science was involved in the dredging dispute. The environmental claims-making analysis examines the way in which the claim that extractive dredging was an environmental problem for the Brisbane River was constructed and contested. The actor-network analysis compares the two competing actor-networks that were developed by one of the major concrete companies and by the anti-dredging campaigners. The boundary-work analysis examines the social construction of the science / politics border as an important site of boundary-work, before exploring other related forms of boundary-work within the case study. When combined, these theories highlight the social and political processes that underpin the inherent difficulties associated with applying science to effective environmental dispute resolution. The theoretical framework developed in this thesis highlights the way in which an analysis of environmental claims-making, actor-networks and boundary-work, extends the literature on environmental dispute resolution. This thesis therefore makes a significant contribution to the field of environmental dispute resolution, by illustrating the advantages of drawing on theoretical perspectives from environmental sociology and the sociology of scientific knowledge.

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Jakku, Emma. „Murky Waters? Science, Politics and Environmental Decision-Making in the Brisbane River Dredging Dispute“. Thesis, Griffith University, 2004. http://hdl.handle.net/10072/366055.

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Fujiyoshi, Silvia Hiromi. „Os jornais como cenario de disputas da exploração da biodiversidade na Amazonia“. [s.n.], 2006. http://repositorio.unicamp.br/jspui/handle/REPOSIP/287010.

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Orientador: Maria Conceição da Costa
Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Geociencias
Made available in DSpace on 2018-08-06T12:01:19Z (GMT). No. of bitstreams: 1 Fujiyoshi_SilviaHiromi_M.pdf: 1819670 bytes, checksum: 914ae296541ed768e7c9bd7e7e544269 (MD5) Previous issue date: 2006
Resumo: Esta pesquisa analisou a imagem que a imprensa brasileira apresenta sobre as disputas de interesses dos diversos atores envolvidos na exploração da biodiversidade na Amazônia. Para tanto, foram analisadas 165 matérias jornalísticas relacionadas às áreas de bioprospecção e biotecnologia, publicadas no período de 2000 a 2003, nos jornais Folha de S. Paulo, representando a cobertura de prestígio nacional, e O Liberal, sediado em Belém, capital do Estado do Pará, representando a cobertura de prestígio regional. A proposta foi não apenas obter um panorama quantitativo e qualitativo da presença de assuntos relacionados à bioprospecção e à biotecnologia nesses jornais, mas, também, realizar uma análise geral dos argumentos dos atores que compareceram na mídia. Foram consideradas diversas variáveis para obter um panorama da cobertura jornalística sobre o tema, e análises detalhadas compõem três dossiês sobre assuntos relevantes que evidenciam os diferentes argumentos dos atores envolvidos nas disputas colocadas em público pela imprensa: 1) a polêmica sobre o acordo entre a organização social Bioamazônia e a multinacional suíça Novartis para desenvolver pesquisas de bioprospecção na Amazônia; 2) o debate sobre o registro da marca ¿cupuaçu¿ e o requerimento da patente do processo de fabricação do cupulate pela empresa japonesa Asahi Foods; e 3) abordagens sobre estudos de bioprospecção e a biopirataria na região amazônica. Esta dissertação apresenta a imprensa, então, como o cenário onde os atores comparecem e expõem seus argumentos ao público. Sob a perspectiva da construção social do que se torna conhecido como ¿fato¿, a proposta é revelar a interação entre esses diversos atores e a própria imprensa. Os jornais foram considerados neste trabalho como cenário e, também, como atores que participam das controvérsias. A imprensa foi o lugar onde os atores compareceram, ganharam espaço e voz, argumentando em favor de seus interesses específicos e moldando o que veio a ser conhecido como a exploração da biodiversidade na Amazônia. Com isso, esta pesquisa pretende contribuir com reflexões sobre a imagem e os valores apresentados nos jornais sobre os temas bioprospecção e biotecnologia na Amazônia, considerando suas possíveis influências sobre a opinião pública e o direcionamento da política científica e tecnológica do país
Abstract: This research analysed the image featured by the Brazilian press about the conflict of interests between several actors involved in the Amazonia biodiversity exploration. In order to do so, 165 articles related to bioprospection and biotechnology areas were analysed, covering from 2000 to 2003, in the newspapers Folha de S. Paulo, representing the national coverage, and O Liberal, based in Belém, Pará State capital, representing the regional coverage. The purpose is not only to get a quantitative and qualitative approach about the themes related to bioprospection and biotechnology in these newspapers, but also draw a general analysis about the arguments of the actors wich took part of the media. Many variables were considered to get an approach focused in the journalist coverage about these subjects, and detailed analysis compose three dossies about relevant subjects that show clearly the different arguments of the actors involved in the disputes issued by the press: 1) the controversy related to the partnership between Bioamazonia, a social organization, and Swiss multinational enterprise Novartis, to develop researches about bioprospection in Amazonia; 2) the debate about the property rights of the ¿cupuaçu¿ trademark and the patent of the cupulate production process application by the Japanese company Asahi Foods; and 3) approaches of bioprospection studies and biopiracy in Amazon region. Therefore, this dissertation features the press as the scene where the actors appear and present their arguments to the public. According to the perspective of the social construction of the ¿fact¿, the purpose is to reveal the interaction among these many actors and the press itself. In this work, the newspapers are considered as a scene and, at the same time, as actors who take active part of the controversies. The press is the place where actors appear, get space and give voice to their specific interests and shaping what is known as the Amazonia biodiversity exploration. In this sense, this research intends to contribute with reflections regarding to the images and the values presented by the newspapers about the themes bioprotection and biotechnology, considering their possible influences on the shapping of public opinion and on the direction of the Brazilian scientific and technological policy
Mestrado
Mestre em Política Científica e Tecnológica

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Saridakis, Voula. „Scientific controversy and the new astronomy: the intellectual and social contexts of the Hevelius-Hooke dispute“. Thesis, Virginia Tech, 1993. http://hdl.handle.net/10919/45615.

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During the seventeenth century, science, and especially astronomy, underwent significant changes in which the emphasis on instrumentation shifted from a more qualitative approach to precise quantitative measurement. These changes were further encouraged by the formation of scientific societies, such as the Royal Society in London and the Royal Academy of Sciences in Paris, where members worked together as a collective to validate knowledge. Because members could freely dissent within the community, a prescribed behavior for participants in disputes was proposed, although seldom followed. Furthermore, disputes were not influenced by intellectual issues alone -- social factors also guided and influenced the course of controversies. This study is an analysis of one scientific controversy in which the participants deviated from the prescribed code of behavior in scientific disputes, and, although the controversy was guided primarily by social factors, intellectual factors ultimately determined its outcome. In the Introduction, I discuss two sociological theses (Merton, Shapin and Schaffer) which are relevant to scientific controversies. In Chapter 1, I describe the changing nature of astronomy and instrumentation in the seventeenth century with special emphasis on micrometers and telescopic sights. In Chapter 2, I explore the nature of scientific controversy vis-à-vis the Royal Society, and two particular controversies which did not deviate from the expected rules of behavior. A descriptive account of the Hevelius-Hooke dispute follows in Chapter 3, and in Chapter 4, I provide concluding remarks on the dispute. Finally, in the Conclusion, I discuss the intellectual and social contexts of the Hevelius-Hooke dispute.
Master of Science

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Saridakis, Voula. „Scientific controversy and the new astronomy : the intellectural and social contexts of the Hevelius-Hooke dispute /“. This resource online, 1993. http://scholar.lib.vt.edu/theses/available/etd-11102009-020225/.

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Heiman, James Robert. „"A solution to a worrisome problem" the rhetoric of scientific discourse in a public policy dispute about the environment /“. [Ames, Iowa : Iowa State University], 2006.

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Lapienytė, Evelina. „Mokslinių tyrinėjimų ir stebėjimų atskirose jūros erdvėse reglamentavimas tarptautinėje jūrų ir Lietuvos Respublikos teisėje“. Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070108_123150-13162.

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Marine scientific research has not lost any of its significance for the world of today and might become even more important for the future as the knowledge in this area will be crucial for management decisions in most areas of human life. Lithuania being the coastal state should be strongly motivated to create favourable conditions for carrying out MSR. The provisions of Part XIII, 1982 UNCLOS, set out specific rights and obligations for coastal and researching States and provide guidelines on how these rights and obligations should be implemented through negotiated access by foreign research vessels into the maritime zones under coastal State sovereign rights and jurisdiction. However, there is no evidence of successful UNCLOS implementation into national law of the Republic of Lithuania. The MSR regime remains nominal for lack of practical implementation. Though the UNCLOS is considered to represent the predominant international MSR regime, there are still provisions requiring a liberal interpretation, which could be enabled both by States enacting appropriate formulations and procedures in their national legislation and by commissions and international organizations developing guidelines and standardized procedures. The study has been structured in three parts which are further outlined in chapters representing the most relevant issues of the topic under discussion. Part 1 explores the historical development of marine science regulation indicating the origin and... [to full text]

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Bücher zum Thema "Scientific disputes"

Coleman, Cynthia-Lou. Environmental Clashes on Native American Land: Framing Environmental and Scientific Disputes. Cham: Springer International Publishing AG, 2020.

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Samuel, Alex. DNA tests in criminal investigation and paternity disputes: A modern scientific technique. Allahabad: Dwivedi & Company, 2009.

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1941-, Engelhardt H. Tristram, und Caplan Arthur L, Hrsg. Scientific controversies: Case studies in the resolution and closure of disputes in science and technology. Cambridge: Cambridge University Press, 1987.

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Carl, Bromberg Lee, und Massachusetts Continuing Legal Education, Inc. (1982- ), Hrsg. Intellectual property conference '99: The internationalization of intellectual property law; pressing scientific and technological disputes in court; privacy concerns & proprietary rights in cyberspace. Boston, MA: MCLE, 1999.

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Kazakova, Gandalif. The problem of formation of romantic historicism and rehabilitation of medieval culture in the creative heritage of F. R. de Chateaubriand. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1044190.

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The monograph is devoted to the literary and scientific heritage of the famous French writer, historian, philosopher, thinker, diplomat and statesman F. R. de Chateaubriand, whose scientific works were practically unknown to the Russian reader for many decades. Being the founder of French romanticism and laying the main elements of this direction of culture, F. R. de Chateaubriand nevertheless causes numerous disputes and questions. The monograph shows the process of formation of the writer's romantic worldview on the example of his early works, which still retain traces of the literature of the XVIII century and already carry new romantic trends of the XIX century. The author also presents the facts of the writer's biography and analyzes a number of his historical works devoted to medieval France. From the Renaissance until the end of the XVIII century, one of the elements of medieval architecture and Christian religion-Gothic architecture — was perceived as something negative, barbaric, rude, completely inconsistent with the aesthetics of the XVI — XVIII centuries. F. R. de Chateaubriand was one of the first researchers who discovered the beauty of Gothic churches and the color of national history to the mass reader at the turn of the XVIII—XIX centuries. The rehabilitation of Gothic architecture was accomplished by F. R. de Chateaubriand in his Treatise "the genius of Christianity". The famous "forest theory" of the origin of Gothic helped to "remove" negative assessments of the middle Ages and influenced the formation and development of romanticism both in France and in other European countries. It was F. R. de Chateaubriand's idea of the relationship between medieval architecture and Christian consciousness that influenced all the subsequent development and formation of the history of medieval art. For a wide range of readers interested in the history of literature.

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Kapustin, Anatoliy, Vladislav Avhadeev, G. Aznagulova, Sayana Bal'haeva, Svetlana Gracheva, Nataliya Doronina, E. D'yachenko et al. Modern concept of interpretation of international treaties. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1839409.

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The monograph examines the most important elements of the modern concept of interpretation of international treaties, examines the history of the formation of the concept of interpretation of international treaties in doctrine and international practice, suggests approaches to conceptualizing the nature of interpretation of treaties, taking into account the provisions of the Vienna Convention on the Law of Treaties of 1969. Along with scientific and theoretical aspects, practical aspects of the interpretation of an international treaty are disclosed. The features of the interpretation of an international treaty in the practice of international organizations, including international integration organizations, international judicial bodies (ECHR, international judicial bodies for maritime disputes, the International Criminal Court, the Court of the Eurasian Economic Union) are analyzed, individual doctrines of treaty interpretation (evolutionary interpretation, interpretation of contextual elements) are investigated. The peculiarities of the interpretation of international investment treaties are revealed, the problems of the interpretation of international treaties in the decisions of international commercial arbitration are identified, the place of the interpretation of treaties in the concept of comparative international law is investigated. The concept of interpretation of international treaties by national judicial bodies of states with the involvement of the practice of Russian courts is proposed. For researchers, teachers, students and postgraduates of law schools and faculties, as well as anyone interested in the problems of modern international law.

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institut, Makedonski nauchen. Memorandum of the Macedonian Scientific Institute-Sofia concerning the relations between the Republic of Bulgaria and the Republic of Macedonia regarding the language dispute. Sofii͡a︡: Macedonian Scientific Institute, 1997.

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Coleman, Cynthia-Lou. Environmental Clashes on Native American Land: Framing Environmental and Scientific Disputes. Springer International Publishing AG, 2021.

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Coleman, Cynthia-Lou. Environmental Clashes on Native American Land: Framing Environmental and Scientific Disputes. Palgrave Pivot, 2020.

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authors, Group of. Practice courts permit certain types of land disputes. Scientific-practical guide. Book on Demand Ltd., 2018.

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Buchteile zum Thema "Scientific disputes"

Liebenau, Jonathan. „Science-based Industry: Scientific Disputes and Government Regulation“. In Medical Science and Medical Industry, 79–97. London: Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1007/978-1-349-08739-6_6.

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Viret, Marjolaine. „Scientific Evidence in CAS Arbitration for Doping Disputes“. In ASSER International Sports Law Series, 543–645. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-084-8_8.

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Sipiorski, Emily. „Scientific Knowledge: Its Impacts on Judicial Decision-Making and International Law in the Era of Sustainability“. In Sustainable Development Goals Series, 59–69. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-24888-7_5.

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AbstractScience has become a tool for taking decisions in international (as well as domestic) disputes and acts to ensure the relevance of global ecological responsibility. This role of science has become particularly relevant as the sustainable development narrative has grown into a predominant form of global cooperation. The following contribution looks specifically at the role of decision-makers, including judges and arbitrators, and their interaction with scientific knowledge during the decision-making process in international (economic) disputes. Beginning with early cross-border environmental disputes and tracing the increasing inclusion of scientific inputs over the past decades, the contribution critically examines the role of judges in integrating expert inputs into legal decisions and its impact on achieving a more ecologically aware application of the law.

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Leeds, Brett Ashley. „Alliances and the Expansion and Escalation of Militarized Interstate Disputes“. In Conflict, War, and Peace: An Introduction to Scientific Research, 63–81. 1 Oliver's Yard, 55 City Road London EC1Y 1SP: CQ Press, 2014. http://dx.doi.org/10.4135/9781071934111.n4.

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Saidmukhtorov, A. A. „Specificity and Problems of the Settlement of Economic Disputes Between the ASEAN Member States“. In Scientific and Technical Revolution: Yesterday, Today and Tomorrow, 1195–204. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-47945-9_130.

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Romanin Jacur, Francesca. „Remarks on the Role of Ex Curia Scientific Experts in International Environmental Disputes“. In International Courts and the Development of International Law, 441–55. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-894-1_33.

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Figueirôa, Silvia Fernanda de Mendonça, und Maria Margaret Lopes. „Historiography of Earth Sciences in Latin America“. In Historiographies of Science, 1–20. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-030-92679-3_27-1.

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AbstractThe geoscientific knowledge of the territories of the Americas was at the core of colonizing projects and international disputes over these territories. The historical studies of various aspects of Earth sciences bring countless references. They have been present since the sixteenth and seventeenth centuries in the writings of the Portuguese Jesuits or chroniclers. Latin America continues to participate in the historiographical production of Earth sciences at the international level, in tune with mainstream trends, but with varying intensity depending on each country’s specific contexts and intellectual traditions. New perspectives suggest counterpoints to the unidirectional views of the old diffusionist proposals in the History of Sciences. They emphasize that governments’ individual, professional, institutional, political, economic, scientific, and theoretical interests are not dissociated and are linked to rocks, fossils, soils, mineral and energy resources, and landscapes. There is much to be explored along with the perspective of circulation of ideas, practices, and objects, and scientific cooperation in the continental context, without losing the dimension that the phenomena associated with Earth sciences, due to their spatial and temporal dimensions, are not subordinated to geopolitical frontiers that, in Latin America and various regions of the world, as a result of colonizing processes, wars, and territorial disputes, have changed over time.

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Stefano, Brogi. „Ozio e lavoro intellettuale tra Erasmo e la République des Lettres“. In Idee di lavoro e di ozio per la nostra civiltà, 471–81. Florence: Firenze University Press, 2024. http://dx.doi.org/10.36253/979-12-215-0319-7.55.

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The idealised representation of the otium litteratum as a privileged and sheltered space for intellectual work coexists in Erasmus with the concrete immersion in the frenetic activity of the new publishing industry and the bitter disputes it produces. Faced with the repressive action of the great political and religious institutions of the age of confessionalisation, intellectuals of early modern age sometimes took refuge in a private or restricted space. From the end of the 17th century onwards, some of them redefine their role thanks to the expansion of the publishing market and the transformations of the 'République des Lettres': taking on the function of opinion leaders who spread new scientific and religious, ethical and political paradigms, these intellectuals effectively pave the way for the Enlightenment age.

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Laine, Jaana. „Chapter 2. Knowledge of Trees and Forests – Finnish Forest Research from the Nineteenth to the Twentieth Century“. In Green Development or Greenwashing?, 11–30. Winwick, Cambs.: The White Horse Press, 2023. http://dx.doi.org/10.3197/63824846758018.ch02.

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Finnish forestry and forest science reflect demands set by the state administration and the forest industry but also private forest and nature conservation organisations, and nowadays private citizens e.g., through social media. From the late nineteenth century to the 2020s, the history of forests, forest science and Finnish society consists of four main periods. During the first period – know the forests (late nineteenth century–1930s) – society needed and gained information on forests, especially on growing timber stock (the first forest inventory in the 1920s) and wood consumption (the first inventory of wood consumption in the 1930s). In addition, researchers produced knowledge for silvicultural practices and forest biology. Rationalising forestry and developing timber procurement were seen as essential during the second period – exploit the forests (1940s–1960s). Since timber removals exceeded annual growth, the state launched massive forest improvement actions. Large clear-cuttings were regenerated with conifer saplings and massive draining of bogs was enacted. As a result, society more extensively exploited and influenced the forests. During the third period – define the forests (1970s–1990s) –forests were no longer respected merely as a source of economic prosperity. Escalating disputes came about when environmental activism and public discussions challenged forestry practices. Scientific knowledge became imbricated, besides traditional forestry values, also with nature conservation, recreational and environmental values related to forests. During the 1990s, changes in forest legislation paved the way for more pluralistic values of forests. During the most recent period – discover forests’ futures (2000s–) – climate change and conflicting human-forest relationships set new demands for forestry and forest science. Forests’ importance has grown from the private and national level to the global context. Forests are respected as carbon sinks and storage, for their rich biodiversity, and as a source of mental and physical health. Forests as living entities are often recognised and new steps have been taken towards more pluralistic human-forest relationships, posthumanism and interspecies perspectives.

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Van Vlack, Kathleen. „Dancing with Lava: Indigenous Interactions with an Active Volcano in Arizona“. In Palgrave Studies in Anthropology of Sustainability, 29–53. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-78040-1_2.

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AbstractThe Little Springs Lava Flow is the remnant of an active volcano located in northern Arizona. Southern Paiutes and the scientific community dispute about the Paiute response to this eruption. Paiutes stipulate that this volcano is a ceremonial landscape where religious leaders physically interacted during eruption and subsequently built a series of trails for ceremony. This interpretation contrasts with that of the scientific community, who maintain that volcanoes are dangerous to humans, and therefore Paiutes would have left in fear during the eruption. This chapter explains this debate and how Paiutes are challenging the scientists in order to communicate their environmental heritage.

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Konferenzberichte zum Thema "Scientific disputes"

Pavlović, Mina. „INTERNATIONAL MEDIATION IN THE LIGHT OF COMMERCIAL DISPUTES – SOME REMARKS FROM THE ASPECT OF DOMESTIC LAW“. In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.505p.

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Mediation is one of the ADR proceedures, that is, instead of deepening the conflict, based on negotiation and open communication, that is focused first of all on the participants’ needs and whose primary aim of mediation is reaching a solution mutually acceptable for the parties. It is a convenient method for resolution of commercial disputes, especially in commercial disputes with foreign element since the mediation manifests significant advanteges over the procedure before the court. In Serbia, international mediation is regulated by the provisions of Mediation Act. In this paper, we adress some questions regarding the international mediation in resolution of commercial disputes, from the perspective of Serbian law (examining the mediability of a commercial dispute, settlement agreement and its enforcement, the role of the mediator, etc). Special attention is paid to the enforcement of settlement agreement in commercial disputes with foreign element, whereby different legal situations have been considered.

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Trinkūnienė, Eva, und Vaidotas Trinkūnas. „MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION“. In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

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In business, disputes often arise over contractual relationships when contractual obligations are not properly fulfilled. The potential risk of disputes must always be assessed. Timing and adherence to agreed deadlines are very important in business, as any delay can cause significant damage, and the legal entity can suffer significant losses. In a dispute between business partners, people tend to go to the court and fight there to the fullest rather than reach an amicable settlement, but there is always a winning and losing party in a litigation. From a long-term perspective, it will be impossible for the disputing parties to work together in the future, and the losing party will always feel great resentment towards the winner. Therefore, litigation is not always an attractive option and in this case mediation is a great way to resolve business disputes due to its expediency. Mediation is a dynamic, structured, interactive process which is focused on the needs, rights, and interests of the parties. It also helps to find the optimal solution and encourages open communication. This article presents the possibilities and perspectives of the application of mediation in Lithuania by reviewing global practice.

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Cichobłaziński, Leszek. „Mediation in Collective Disputes in Healthcare System“. In International Scientific Days 2022. Slovak University of Agriculture in Nitra, Slovakia, 2022. http://dx.doi.org/10.15414/isd2022.s2.01.

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Mitrevski, Vladimir. „VALIDITY OF THE ARBITRATION AGREEMENT AS A REQUIREMENT FOR THE ARBTITRATION PROCEDINGS“. In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.727m.

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Commercial subjects and their relations in the trade of goods and services lead to disputes between participants as a result of non-fulfillment of rights and obligations which derive from concluded contracts. This kind of disputes as well as inefficiency of national courts are the main reasons for finding alternative ways of fast and efficient way of solving disputes out of the national courts. Solving disputes out of the jurisdiction of the national courts derives from the will of the parties..The parties trough arbitration agreement agree to solve the dispute trough a third party in form of arbitration court. The arbitration agreement is valid if it has valid form and content Done analyzes indicate that the form of the arbitration agreement and the content of the arbitration agreement are the kind of questions that are not easy to give comprehensive and precise answer, although in the contemporary arbitration law it is widely accepted that the parties to the arbitration have freedom of consensual choice of the form and the content of the arbitration agreement. Thereto for the validity of the arbitration agreement it is needed fulfillment of particular material law terms with respect to general and special conditions which refer to the form and content of the arbitration agreement Because of that different aspects of material validity of the arbitration agreement differ in various states.

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Baeva, D. S. „Mediation as a legal way to resolve disputes arising from land legal relations“. In Scientific trends: Jurisprudence. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-06-2020-03.

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Sharkey, Nolan, und Tetiana Muzyka. „Foundation Atrocities and Public History: The Role of Lawyers in Finding Truth“. In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.16.

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History provides the basis for nations’ existence. Yet, history is capable of telling different stories in relation to the same events. It is also open to manipulation and distortion. More so than ever, this is the case with the easy availability and cross border reach of many forms of media. In addition, the concept of public history recognises that representations of history are not made solely by professional historians. The conclusion that must be reached from this is that history is open to contesting and it is not necessarily a fair contest favouring accuracy. This paper argues that law and legal scholars can play a role in settling significant historical disputes by applying the rigour of legal dispute settlement institutions. Consideration of evidence and narrowing arguments to relevant issues are of significant worth. These possibilities are illustrated through the debates surrounding two significant atrocities of history, the Great Irish Famine and the Ukrainian Holodomor. Both events have a critical place in the nation-building of the Irish and the Ukrainians, yet the debate rages on as to whether they may or may not be genocide. We review the historical issues and the genocide issue and suggest that legal scholars rather than historians may assist in settling rather than perpetuating the disputes.

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Denisova, Iuliia Vladimirovna. „Perspectives for the Use of Mediation in the Resolution of Family Law Disputes“. In All-Russian Scientific Conference. Publishing house Sreda, 2021. http://dx.doi.org/10.31483/r-98768.

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FILIP, Ionel. „TOPOGRAPHICAL METHOD USED IN SETTLEMENT OF DISPUTES REGARDING DEGRADATION OF SOME PROPERTIES“. In 17th International Multidisciplinary Scientific GeoConference SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgem2017/22/s09.093.

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Banacu (Romaniuc), Ruxandra. „THE ROLE OF THE JUDGE IN SOLVING LABOUR AND SOCIAL SECURITY DISPUTES“. In 10th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscss.2023/s02.10.

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Starting from the role of the feudal judges in the distribution of justice in Wallachia and Moldova, briefly reviewing the evolution of the legislative codification of their mission in the resolution of disputes brought before the courts, this paper analysis through the method of historical and comparative research, the orientation of the Romanian legislator towards the expansion of the freedom of the judge in finding out the truth and avoiding any judicial error. Without any doubt, it`s main task is to correctly identify the facts on which he has to rule, to apply and interpret the law and render a thorough and legal decision in accordance with the general principles contained in the Code of Civil Procedure and special laws, despite the section of law in which he is called to do justice. The main question which arises is, when solving labour and social security disputes, the judge also needs to embrace a conciliatory role? Using the qualitative methodology approach and the personal experience as a judge we will highlight that judges are ment to act like a balance between the power of the employer and employee when invested with labour disputes. Examining the jurisprudence in this matter of law, in the context of a significant increase in the number of labour disputes registered before the courts in Romania, specifically the ones that imply collective and individual dismissals, the role of the judge must be an active and positive one, oriented towards the protection of social rights and ensuring an equilibrium between the two sides of the employment contract.

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