Dissertations / Theses on the topic 'Civil disputes'
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Solti, Pedro Brandão. "Foreign support, internal political disputes and mass killings." reponame:Repositório Institucional do FGV, 2016. http://hdl.handle.net/10438/16586.
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This paper studies the incentives underlying the relations between foreign countries and rival domestic groups. It models the interaction in a infinitely-repeated game between these three players. The domestic groups bargain for a split of the domestic surplus and may engage in violent dispute for power and in unilateral mass killing processes. The foreign country may choose to support one of these groups in exchange for monetary transfers. The paper characterizes the parametric set in which strategies leading to no violent disputes nor mass killings are Subgame Perfect Nash Equilibra in the presence of foreign support, but not in its absence.
Povey, Althea Lynne. "An investigation into the mediation of disputes in the South African construction industry." Master's thesis, University of Cape Town, 2002. http://hdl.handle.net/11427/8779.
Full textThe construction industry is a unique and complex industry in which numerous different participants depend directly on each other in order to fulfil their separate functions and obligations. Recent years have seen an increase in conflicts and disputes within the industry, such that conflict and dispute are now considered endemic to an adversarial industry. This increase in conflict and dispute, together with the dissatisfaction with the traditional methods of resolving disputes, namely litigation and arbitration, have led to an increase in the growth of alternative dispute resolution (ADR) processes within the industry. The dispute resolution process most frequently referred to in literature on ADR is mediation. The process of mediation, while being flexible and informal, is underpinned by definite principles and objectives. In principle, mediation is a voluntary, non-binding and confidential process involving a neutral third party who assists the disputing parties in reaching a settlement. There are different approaches to mediation, each determined by the degree of intervention into the dispute by the third party. However, no matter the approach taken by the mediator, the main objective of mediation remains for the mediator to assist the parties in reaching an outcome on which they can mutually agree. Mediation has been used in the South African construction industry for settling disputes for the past couple of decades. However, no certainty exists as to the nature of the actual practice of mediation. This research, therefore, seeks to determine whether the practice of mediation in the South African construction industry is consistent with the principles of the mediation process. The hypothesis that is tested by the research is that the practice of mediation in the South African construction industry is not consistent with the generally accepted principles of the mediation process. In order to test such a broad and complex hypothesis, three sub-hypotheses were developed. The first being, that, construction industry mediators do not assist the disputing parties in determining their own settlement. The second, that the main stages that characterise the mediation procedure are the collection of information on the dispute by the mediator and the formulation of a solution by the mediator. The third, that the knowledge and utilization of specific mediation process skills and techniques are limited amongst construction industry mediators. Primary data were collected by way of 63 questionnaires received from the 206 posted to mediators recognised nationally by the South African Institution of Civil Engineers and the South African Association of Consulting Engineers, as well from mediators listed by the Western Cape Branch of the Association of Arbitrators of Southern Africa. The questionnaire responses were analysed using basic descriptive statistics, and these results were used to assist with the interpretation of the responses. The research reports on the occurrence of the practice wherein parties to mediation undertake, prior to the commencement of the mediation, to be bound by the mediator's decision, and concludes that this practice cannot constitute mediation. The research reveals mediation in the construction industry to be a mediator-owned process rather than a party-owned process, and concludes that this tendency is promoted by the terms of certain contract documents and published guidelines. It was also found that the mediators perceive their role as being to resolve the dispute using their own technical knowledge and expertise, rather than using specific mediation skills and techniques. Finally, it was concluded that the practice of mediation in the South African construction industry is not consistent with the generally accepted principles of the mediation process, as, the mediators do not generally assist the parties with determining their own settlement, instead the mediation activities centre mainly on the collection of information on the dispute by the mediator and the formulation of a solution by the mediator. The research showed that the mediators' knowledge and utilization of specific mediation process skills and techniques were limited.
Lebowitz, David E. Biswas Bidisha. "Can this wait? Civil conflict negotiation and the content of ethnic identity /." Online version, 2010. http://content.wwu.edu/cdm-theses/item_viewer.php?CISOROOT=/theses&CISOPTR=328&CISOBOX=1&REC=17.
Full textNathan, K. V. S. K. "Submission to ICSID in breach of the convention : disputes in international civil engineering contracts." Thesis, Queen Mary, University of London, 1994. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1607.
Full textLiang, Linxia. "Civil procedure in the Qing Magistrate's Court : illustrated with reference to land and debt disputes (1644-1911)." Thesis, University of Aberdeen, 2001. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU150492.
Full textNedrebo, Oystein. "Transnational dimensions of civil conflict severity." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2123.
Full textENGLISH ABSTRACT: In an otherwise broad literature on civil conflict little attention has so far been paid to actual conflict violence and variation in severity. Existing work is also hampered by a reliance on a ‘closed polity’ model of the state, leading to disregard of the transnational dimensions of internal conflict, and by a dependence on over‐aggregated data. The present inquiry expands on the existing explanatory framework for variation in civil conflict severity by including transnational factors and characteristics of sub‐national actors. Data on conflict battle deaths are combined with recently available data on transnational ethnic linkages, transnational support and neighbouring conflict as well as other actor and country characteristics. Results from ordinary least squares regression analysis indicate that support for rebel groups from external non‐state actors increase conflict severity, while rebel presence in other states is associated with less severe conflicts. In addition, severity increases with duration but with a diminishing marginal return. Internal armed conflicts are less severe in democratic and ethnically polarised countries but rebel territorial control increases the level of violence.
AFRIKAANSE OPSOMMING: In die andersins omvangryke literatuur oor burgerlike konflik is daar tot op hede min aandag geskenk aan werklike konflikgeweld en variasie in felheid (vernietigende omvang). Bestaande werk word ook belemmer omdat dit staat maak op ’n model van die staat as ‘geslote regering’, wat lei tot verontagsaming van die transnasionale dimensies van interne konflik, en staat maak op oor‐geaggregeerde data. Hierdie ondersoek brei uit op die bestaande verklarende raamwerk vir variasie in felheid van burgerlike konflik deur transnasionale faktore en eienskappe van subnasionale deelnemers in te sluit. Data oor konflikgevegsterftes is gekombineer met onlangse data oor transnasionale etniese koppelings, transnasionale steun en naburige konflik, sowel as ander deelnemer‐ en landeienskappe. Resultate van gewone kleinstekwadrate‐regressie‐analise dui daarop dat steun aan rebellegroepe deur eksterne nie‐staatsdeelnemers konflikfelheid laat toeneem, terwyl rebelleteenwoordigheid in ander lande geassosieer word met minder fel konflikte. Felheid neem ook toe saam met duur maar met ’n afnemende marginale opbrengs. Interne gewapende konflikte is minder fel in demokratiese en etnies gepolariseerde lande, maar rebellebeheer oor grondgebied verhoog die vlak van geweld.
Lau, Michael. "Construction problems of large diameter bored piles in karstic marble and disputes on unforeseen ground conditions /." View the Table of Contents & Abstract, 2005. http://sunzi.lib.hku.hk/hkuto/record/B36616552.
Full textChoi, Seung-Whan. "Civil-military dynamics, democracy, and international conflict, 1889-1992 : a look beyond the triangular peace /." free to MU campus, to others for purchase, 2002. http://wwwlib.umi.com/cr/mo/fullcit?p3074387.
Full textGatta, Andrea. "Towards the Harmonisation of Civil Procedure: Translation in Italian Civil Court Proceedings and the Role of Multilingual Document Templates." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/17167/.
Full textAktug, Fatma Pelin. "Comparison Of Fidic Conditions Of Contract (1999) And Uncitral Legal Guide From Prospective Disputes And Claims Perspective." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12614297/index.pdf.
Full textLau, Michael, and 劉振釗. "Construction problems of large diameter bored piles in karstic marble and disputes on unforeseen ground conditions." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B45014309.
Full textСвистельник, М. О. "Сутність та переваги медіації як захисту цивільних прав." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/34135.
Full textJeremic, Zorica. "Dispute resolution in international civil aviation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29829.pdf.
Full textJeremic, Zorica. "Dispute resolution in international civil aviation." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27454.
Full textChapter one acknowledges the existence and nature of international aviation disputes in its scope and, more importantly, recognizes some of the many causes of conflicts arising from such disputes.
The second chapter reviews chronologically dispute resolution attempts and analyses their effectiveness. Further, it examines the international bodies, governing treaties, and the available machinery for the resolution of aviation disputes.
The third chapter distinguishes the most influential multilateral and bilateral treaties in the field of aeronautics and presents the solutions for settlement of disputes promoted by ICAO.
Chapter four includes the variety of procedures found in international agreements on aviation and the examination of political, legal and economic means as the mechanisms for the settlement of disputes.
Chapter five establishes the recent proposals for the improvement of the current procedures governing the settlement of aviation disputes. Hence, it includes an analysis of the legislative measures of the European Union, the regulations of the World Trade Organization and the norms of North American Free Trade Agreement; all in view of their competence in resolving air transport conflicts.
The conclusion is a summary of the structure and the function of the existing aeronautical dispute settlement system and its future developments.
Rubino, F. Joseph (Francis Joseph). "Dispute resolution in construction." Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/44670.
Full textGillberg, Elin. "Vem äger fastigheten? : Tvister om hävning, återgång och bättre rätt." Thesis, Högskolan i Gävle, Samhällsbyggnad, GIS, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-24382.
Full textEvery year a number of real property disputes about cancellation, return and superior title end up in the district courts. These disputes are notedin the Real Property Register, but without any information on what they are about. The research question in this theses is: What are the reasons behind disputes about cancellation,return and superior titlethat endup in the district courts? The purpose is to investigate if there are any patterns or recurrent reasons for disputes and if there is anything that can be done to reduce the number of disputes. A real property transfer can be cancelled for multiple reasons, for example if the property contains serious faults. A return can happen if a transfer for some reasonis invalid. A claim for superior title can be raised by someone that considers himself better entitled to the property than the one who possess it. The method was to examine a number of district court cases based on the real properties that had gotten a dispute notein the Real Property Register in 2015. The disputes were divided into the main groups cancellation, return and superior title and then into sub groups based on the reasons behind the disputes. In total 46 disputes were investigated. Out of these disputes there was only one about cancellation, 17 were about returnand 28 were about superior title. The line between return and superior title did prove not to be so sharpe though. The following sub groups were created: Cancellation: Only one dispute, no sub groups. Return: Recovering, invalid gifts, forgery. Superior title: Hidden co-ownership, subdivisions, forgery, double transfers, invalid purchases, invalid gifts, individual property, unclear purchases. In total the most common reasons were recovering after bankruptcy (10), invalid gifts (7), forgery (7), hidden co-ownership (6) and subdivisions (5). Most of the disputes were between people that already knew each other, many were within family. To reduce the number of disputes mainly electronic real property transfers is discussed
Freitas, Eduardo Antonio Pereira de. "A Guerra Civil de 1851 na Nova Granada: disputas e representações." Universidade de São Paulo, 2017. http://www.teses.usp.br/teses/disponiveis/8/8138/tde-29062018-102422/.
Full textThe goal of this dissertation is to analyze how the Conservative Party, the Liberal Party and the craftsmen, mobilized by the Liberals, have interpreted and justified their involvement in the Civil War of 1851 in New Granada. Chapter 1 summarizes the political development of the country, starting at the end of the colonial period until the moment when the armed conflict developed. Chapter 2 deals with the grenadine context during the mid-19th century and presents the Civil War of 1851, analyzing the historical production on the subject. The following three chapters, that form the second part of the dissertation, discuss the representations that different political forces made of themselves, their opponents and the surrounding society. An epilogue concludes the essay with particular prominence to the pardon granted to conservative insurgents, after the outcome of the war.
Chan, Yuen Wah. "Alternative dispute resolution in Hong Kong Government civil engineering works contracts." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445882a.pdf.
Full text"Master of Arts in arbitration and dispute resolution, LW 6409A dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
McCone, D. Sean. "Dispute resolution strategies for construction projects." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/8309.
Full textPage 168 blank.
Includes bibliographical references (p. 160-167).
One of the most important, but often overlooked steps in developing a project is a plan to prevent and handle conflict, a Conflict Management Plan. Leading construction experts have identified Productivity, Innovation, Cost Control, Safety, and Litigation Expenses as critical areas in need of improvement in the construction industry of this next century. In the United States alone, $60 billion are spent every year on lawsuits, of which the construction industry accounts for nearly $5 billion. Various dispute avoidance and resolutions techniques are presented that aim to prevent disputes before they arise and minimize the impacts if they do. These techniques are the tools then used in the Conflict Management Plan. A Conflict Mitigation Plan looks at each project individually to establish a set of criteria for controlling conflicts. It assesses how much conflict you will encounter, how severe each conflict might be, then presents cost effective ways to avoid conflict and curb these disputes. Similar to the contract documents it should be complete, unbiased, understood, and accepted by all the parties involved. All of the project participants such as the owners, the owner's representatives, designers, lawyers, and contractors are responsible for designing, reviewing and revising it accordingly. No one person or field should be responsible for developing this plan. Designing a conflict mitigation plan compels the owner to contemplate the conflict that might arise. This will allow the owner to allocate these risks and develop a plan to handle discrepancies. By doing this upfront and with each subsequent review, everyone involved has agreed to follow this plan, reducing the push for lengthy, costly court proceedings. To implement a Conflict Management Plan one must assess the project situation by identifying the sources of conflict that might occur, then analyze the severity and impact each of these conflicts might have. Match the conflict with a corresponding DART, to reduce or avoid the conflict. Draft the plan. Review and revise it as needed.
by D. Sean McCone.
S.M.
Bucker, Maurício Brun. "Gerenciamento de conflitos, prevenção e solução de disputas em empreendimentos de construção civil." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/3/3146/tde-20082010-161521/.
Full textThe construction industry is responsible for great portion of the economy in all countries, almost always exceeding 10% of the GDP - gross domestic product and being countless times the largest employer. In the last decades the globalization, demanding Brazil adaptation to the international patterns of competition in all areas, the more attentive consumer\'s demand with more freedoms and more rights (Consumer\'s Code), and the speed of social and cultural changes, all of those, catalyzed by the information technology, have been provoking a great and growing number of disputes in the building site. The dissatisfaction with traditional methods of conflict resolution in the construction industry led to the use of a wide range of different alternatives, and new ones continue to be explored. The investigation of these new and alternative techniques and procedures used to manage conflicts, to prevent and resolve disputes in the civil construction projects is necessary for the definition and creation of mechanisms to contribute to the effective project management, avoiding waste of time and money with endless discussions and litigations in the tribunals. Because of the characteristic of their activities: the singularity of each project, each one of them is a first and only experience, the size and duration of the works, the contractual documents complexity, the variations, the resources limitation, financial problems, inadequate projects and labor subjects, the existence of conflicts in construction projects is a fact. Bibliographical revision and comparison of the techniques adopted in Brazil and other countries serves as basis for other researches, such as the proposition of a conflict management plan appropriated to Brazilian industry characteristics, or as a case study in which techniques can be used and its efficiency proven or, still as a research to determine the losses caused by these disputes.
Berthier, Catherine. "L'assureur en responsabilité civile médicale, acteur de la déjudiciarisation des litiges." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3002.
Full textSolving disputes outside of the judicial system is a contemporary and a fundamental challenge for public authorities given the current congested workload of Courts. Medical liability insurers obviously share that concern. Indeed, facilitating amicable settlements is a way to decrease internal administration costs, to have better control over the damages awarded, and to enhance their image as Experts in their field. Nowadays, medical risk insurance companies are publicly committed to negotiated solutions. According to them, the out of Court approach can benefit the entire society and particularly the patients (or their beneficiaries), who can reach compensation more quickly than they would in front of a court, while limiting their fees. In order to implement this procedure, the insurance companies provide themselves with new internal processes, to optimize the chances of finding amicable settlements for the claims they receive. The success of this strategy also relies on the action of public authorities, whose decision to create the C(R)CI (Commissions of conciliation and compensation for medical accidents, iatrogenic disorders and nosocomial infections), has eased access to negotiated solutions.Nevertheless, this approach cannot always lead to a successfull outcome. As a matter of fact, the victims remain the last to decide on the way they want the litigation to be settled. Some other direct or indirect actors, or even the medical liability insurer itself, can bring the action before the Court. Either way, recourse to a Judge does not have to be only seen as a failure, since it allows jurisdictions to give orientations that will help parties position themselves in the event of further cases
Lundstedt, Lydia. "Territoriality in Intellectual Property Law : A comparative study of the interpretation and operation of the territoriality principle in the resolution of transborder intellectual property infringement disputes with respect to international civil jurisdiction, applicable law and the territorial scope of application of substantive intellectual property law in the European Union and United States." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-133470.
Full textKennedy, James F. (James Francis). "Computer supported negotiation and dispute resolution in the large scale civil engineering and construction domain." Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/10739.
Full textCasma, Angulo Julio César. "La Institución de la conciliación y su incidencia en la solución de conflictos que son competencia del Ministerio Público : una propuesta de cambio." Doctoral thesis, Universidad Nacional Mayor de San Marcos, 2009. https://hdl.handle.net/20.500.12672/1485.
Full textWith the aim to analyze the level of efficiency that presents the implementation of the conciliation in the solution of conflicts that are a competition of the Provincial Penal, Civil and Family Fiscalías of Judicial District of Ica, as integral organs of the Public Ministry, in the period 2006 - 2008, there was realized an applied research, of Explanatory level, across a Not experimental and Analytical Design. From a sample random design there was selected a sample of the processes that entered between the years 2006 to 2008 to the Provincial Civil District attorney's offices and of Family and Provincial Penal and Mixed District attorney's offices of Ica's Judicial District in those that someone of the forms applied to itself of conciliation foreseen by the Peruvian legislation. In hundred eighty nine processes selected at random analyzed the contents of the Transactions of Conciliation across the skill of the documentary analysis. Likewise one interviewed thirty two Civil District attorneys and of Family and Penal of this Judicial District and there was applied the observation constructed to sixteen acts of conciliation developed in this Judicial District. The analysis of the obtained information demonstrated that during the years 2006 to 2008 the application of the Conciliation the Penal, Mixed, Civil District attorney's offices and of Family of Ica's Judicial District it has showed a slight increase, constituting a practice that allows to give solution approximately to 15 % of the processes related to reconcilable matters. Nevertheless, a significant contribution is not observed to the resolution of conflicts in this Judicial District, particularly for the limitations that present the conciliatory legal faculty of the Public Ministry so much the as the conciliatory practice inside the institution.
Tesis
Smith, Boy Siphiwo. "A critique of dispute resolution in the public service." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/754.
Full textKwan, Chung Kit. "Hong Kong civil justice reform the significance of mediation as a means of alternative dispute resolution /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445997a.pdf.
Full text"A dissertation undertaken in partial fulfillment of the requirements of the M.A. in arbitration and dispute resolution, City University of Hong Kong." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
Lignelet, Brice-Joris. "Dématérialisation et procédure civile." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD067.
Full textPaperless methods of data production, process and records management has substantially changed both the economic and social relationships. Therefore, French law and justice could not have ignored these technological evolution which is deeply impacting their own organisation, methods, and professions. The necessary adaptation by French law and Justice to digital technologies now acquired, and concerns or fears on their integration into the civil litigation process being overcome ; dematerialisation of procedural acts and their communication in electronic forms are generally used. Regarding this technological reality, attention needs henceforth to be directed towards the role of each relevant actor of the French E-justice to make sure that such proceedings allow a fair trial to any litigant
Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.
Full textCivil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.
Koller, David. "A Solution Under Pressure: Integrating Facilitative Practices into Water-Related Civil Litigations." Thesis, University of Oregon, 2017. http://hdl.handle.net/1794/22745.
Full textRusso, Alyce M. (Alyce Marie). "Secure tenure production : a land dispute resolution process for Paraisópolis, São Paulo, Brazil." Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/77336.
Full textIncludes bibliographical references.
by Alyce M. Russo.
M.S.
M.C.P.
Howell, David Evan. "Aspects of general conditions of contract which give rise to dispute." Thesis, Cape Technikon, 1991. http://hdl.handle.net/20.500.11838/1026.
Full textThe incidence of disputes has long frustrated effective management and completion of Construction Contracts. Very little material is available on the causes of disputes and how the respective General Conditions of Contract used in this country handle circumstances relating to these areas of dispute. Causes of dispute can be divided into two categories, namely Primary Causes and Secondary Causes. The Primary Causes are Time, Cost and Quality and the Secondary Causes are Risk. Variations and Alterations, Delays, Claims, Adverse Physical Conditions, Extensions of Time and Payment. All the secondary causes of dispute are risk related and a consideration of risk is therefore of utmost importance with regard to avoidance of disputes. To avoid disputes. risk has to be fairly allocated amongst the parties involved in the Contract. Before this can be done, however, risk first has to be identified and an attempt has to be made to reduce it. For a long time General Conditions of Contract have been used in this country which have been closely allied to British General Conditions. The General Conditions of Contract (1982) (Blue Book) is very closely allied to the I.CR General Conditions of Contract (4th edition). The latter contract was revised in 1979 and was generally considered to be more favourable toward the Contractor. It has become known as the LCE. General COnditions of Contract (5th edition). Both the General Conditions of Contract (1982) and the ESKOM General Conditions of Contract have recently been reVised, and on comparison of the clauses relating specifically to the major causes of disputes mentioned preViously, were found to be more biased in favour of the Employer and more closely allied to the C.S.R.A. General Conditions of Contract 1986, also widely used in South Africa The major reason for having drawn this conclusion is that in the case of GC C '90 and ESKOM '90, all claims have to be made in accordance with a general claims clause which involves a procedure which subjects the Contractor to unfair requirements and allocates risk unfairly on him. The General Conditions of Contract 1990 do, however, represent improvements in certain respects, namely with respect to clauses relating to Care of Works, Excepted Risks, Valuation of Variations, Monthly Payments, Time of Payments and Correction or Withholding of Certificates. No set of General Conditions can provide a completely equitable situation and each has its pros and cons. This thesis should provide an easy reference as to which are the major causes of disputes and as to how the respective General Conditions of Contract in this country handle the circumstances relating to these areas of dispute. It will also put forward recommendations on how disputes can be avoided and how certain clauses of the relevant documents can be improved.
Gerber, Marcel. "Alternative dispute resolution in the BRICS nations: A comparative labour law perspective." University of the Western Cape, 2019. http://hdl.handle.net/11394/6996.
Full textAlternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.
Mohamed, Osman Roukiya. "La politique de sécurité et de défense dans la corne de l'Afrique : le cas de Djibouti." Thesis, Toulouse 2, 2016. http://www.theses.fr/2016TOU20129.
Full textThis thesis studies the politics of security and defence that have been developed in the Horn of Africa. Our main objective is to show that in Somalia, Eritrea, Ethiopia and Djibouti there are political, historical, economical and sociological factors that explain the prevailing insecurity within the region. Its geostrategic position makes it a coveted area for fighting terrorism and piracy. Nevertheless this geographical advantage is not as profitable as it could be because of civil wars, boundary disputes and natural disasters that have generated one of the world’s biggest humanitarian and food crisis. Security and defence policies, whether regional or continental, have shown to be powerless when facing these realities. The failures of these policies are due to disagreements between Heads of State and to the lack of financial resources within States, the African Union and its sub-regional agencies such as IGAD and COMESA. By studying the case of Djibouti we will prove that national security policies have been weakened by corruption, clientelism and tribalism, which has lead to the insurgence of the impoverished population. Because Djibouti is one of the most stable States in the region, it serves as a barometer that measures new treats to the stability of the zone. As a neighbouring country to the hotbeds of terrorism and piracy, Djibouti is where the French, the American and the Japanese have settled their military bases; it has also consequently become the target of terrorist groups. The military bases have certainly improved the security and the economy of the area but they have also had a negative impact on its social environment
Silva, Erica Barbosa e. "A efetividade da prestação jurisdicional civil a partir da conciliação." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-22042013-084020/.
Full textThe main goal of this thesis is to verify if conciliation must be used in the Courts and how to use it to improve their effectiveness. For the purpose of this work, effectiveness indicates the ability for a fair pacification of conflicts, in order to stress the qualitative view of the institute. The analysis of the Judiciary, in which the thesiss subject is contextualized, takes in account the judicial activities and the culture of pacification, as it is presently conceived. This set foundations to analyse how disputes are dealt by consensual means of resolution. The focus in the most important topic of this thesis begins in chapter 3, in which the institutional construction of conciliation is drawn. In other hand, chapter 4 works the limitations of conciliation in the Courts, discussing it application to private disputes, putting prejudices aside and determining to what extent effectiveness could be achieved. Chapter 5 analyzes conciliation as it is done, in particular the question of method and the balance between technique and involved people, determining the objective and subjective boundaries of conciliation in civil jurisdiction. The hypothesis presented in the introduction is confirmed in chapter 6, upholding that conciliation makes judicial services more effective. Otherwise the final chapter sums up the conditions to get effective outputs through conciliation in the judicial environment. The resolution of dispute through conciliation is obtained by mixing integrative means, taking in account all parts. In this institutional construction several constitutive elements rise up, since only negotiation through principles does not allow to reach all existing diversity of situations embraced by Judiciary. That is why an interdisciplinary approach is need, including first and second order communication, systems theory, theory of games and tipology of conflicts. The present study assert the qualities of conciliation on its own constitutive bases, what means to get it hide of any informalism and embedded in its own technique, making if feasible to improve the effectiveness of judicial servives.
Sosa, Carlos E. (Carlos Ernique) 1966. "State of the art review of methodologies for dispute avoidance and resolution in large scale engineering systems." Thesis, Massachusetts Institute of Technology, 1999. http://hdl.handle.net/1721.1/80179.
Full textBenvenuti, Ronaldo. "Utilização da arbitragem como forma de solução de disputas por empresas construtoras." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/3/3146/tde-18082010-161302/.
Full textConstruction activities are inherent complex, as a result of a great number of interests and large amount f information involved, what makes risk management and conflict prediction difficult tasks, eventually leading to legal disputes. Construction and engineering contracts often do not cover all risks involved, leading to claims and resulting in losses of time and money for construction firms, engineering companies, property developers, and other stakeholders. The judiciary system is very slow and expensive, and, as an alternative, private arbitration courts were created by federal law 9307/96. Private managed, these courts are expected to be faster, less expensive and confidential. The aim of this research is to analyze the frequency and conditions of the use of arbitration in contracts in civil construction projects, identifying advantages and disadvantages from the point of view of construction companies, aiming to suggest actions as to increase its use. The research method includes bibliographic review and a survey with three institutional private arbitration organizations, three construction firms and three law firms.
Demarchi, Juliana. "Mediação: proposta de implementação no processo civil brasileiro." Universidade de São Paulo, 2007. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-01042008-132345/.
Full textThe present work tackles the insertion of alternative dispute resolution methods in civil procedure, and proposes to consider these methods as procedural techniques focused on obtaining the scope of the jurisdiction, taken essentially as a public function towards the pacification of disputes. The fundamental institutes of civil procedure are presented from a new reading in the field, seeking effective solutions and considering the scope of pacification as a substantial scope of jurisdiction, thereby justifying the introduction of supplementary means for the resolution of disputes focusing on the promotion of a consensual resolution of disputes. The subject of study of civil procedure is hence to some extent broadened. In view of the necessity to aggregate new institutes in order to attain the scopes of the process, the alternative dispute resolution methods are henceforth treated not as mere jurisdiction equivalents but as tools of the very procedure system for the attainment of its scopes. This leads to the widening of the subject of the science of civil to the modification of programme contents in the Colleges of Law and to the building of a new law professional. Negotiation, conciliation, neutral early evaluation and mediation fall within the methods used to resolve disputes, particular emphasis being laid on the latter due to the extent of its application and the techniques used. The theoretical foundations of mediation, the main techniques used and the recommended procedure to be observed for a proper execution of this form of resolution of controversies are presented. Once completed the description of those methods, we shall move onto the experience of the application of alternative means as a supplementary form in civil proceedings, while highlighting more particularly the legal discipline established in the United States of America and in Argentina. This work then culminates with the presentation of a schedule for the insta1lation of additional mediation sectors alongside the judicial system, while tackling the recruitment of mediators, the necessary qualification, the role played by law professionals in this enterprise and the work methodology employed, all of which from the legal bases existing in our ordinance and the success of the case management project elaborated by CEBEPEJ - the Brazilian Judicial Studies and Research Centre. The wide use of mediation as a pacification tool for the attainment of the scopes of jurisdiction is a1ready possible, regardless of the specific legislation itself, although the institutionalisation may constitute an important tool for the release and implementation of mediation in our society. The purpose of this study was to set the theoretica1 bases and practices of the use of mediation as a tool to attain the scopes of jurisdiction, and mainly that of pacification from a differentiated viewpoint of dispute and from the necessity of qualifying a new legal professional by incorporating supplementary methods into civil proceedings for the resolution of disputes marked by the trait of an interdisciplinary approach, hereby making it possible to reach the civil procedure aspired to: an effective and diligent proceeding turned most and foremost towards the pacification of the parties in dispute.
Majidi, Naz E. (Naz Emilie) 1979. "Evaluation framework of construction alternative dispute resolution methods through an integrated model of real options, probabilistic analysis and system dynamics." Thesis, Massachusetts Institute of Technology, 2003. http://hdl.handle.net/1721.1/85384.
Full textFerreira, Glauco B. "Arco-íris em disputa." Florianópolis, SC, 2012. http://repositorio.ufsc.br/xmlui/handle/123456789/96250.
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Gedoz, Cassiano. "O supremo tribunal federal e o alcance da lei da anistia: As disputas de um processo inconcluso." Universidade do Vale do Rio dos Sinos, 2013. http://www.repositorio.jesuita.org.br/handle/UNISINOS/4297.
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Em 21 de outubro de 2008, a Ordem dos Advogados do Brasil (OAB) protocolou no Supremo Tribunal Federal uma Arguição de Descumprimento de Preceito Fundamental (ADPF 153), na qual questionava a interpretação consolidada do artigo 1º do parágrafo 1º da Lei de Anistia nº 6.683, de 28 de agosto de 1979. Na interpretação que se questiona, a anistia caracteriza-se por ser recíproca, estando anistiados, portanto, também, os representantes do Estado brasileiro que cometeram crimes de tortura, morte e desaparecimento de pessoas durante o período da ditadura civil-militar (1964-1985). O desfecho da ADPF 153 deu-se à 28 e 29 de abril de 2010, com a votação em plenário, na qual sete ministros do Supremo votaram contra, e dois a favor da proposição da OAB, ficando a lei de 1979 inalterada para os efeitos requeridos, principalmente a possibilidade de julgamento dos crimes perpetrados durante o regime de exceção. Nesta pesquisa, contemplamos a ADPF 153, centrando-se de uma análise histórica, a partir das manifestações dos seus envolvidos. O julgamento demonstrou que nele interagiram não apenas questões jurídicas, mas que o passado histórico era objeto constante de debate, principalmente nos votos dos ministros que indeferiram a ação. A tentativa da OAB, ao propor a reinterpretação da Lei de Anistia à luz dos preceitos constitucionais vigentes, é requerer a persecução penal dos agentes públicos que tenham cometido crimes de tortura, morte e desaparecimento durante o regime ditatorial. Esta tentativa, no entanto, encontrou uma disputa sobre o passado muito marcante durante o julgamento da Arguição. A maior parte das manifestações utilizou-se de argumentações de caráter histórico, levando constantemente os envolvidos a apropriações e disputas pela memória do passado, em um processo no qual as dimensões do âmbito jurídico, do social, do político e do histórico entram em confluência.
In 2008, the Lawyers Association of Brazil (LAB) filed in the Supreme Federal Bound Tribunal (SFBT) an Argumentation of Noncompliance of Fundamental Precept (ANFP 153), in which it was questioned the consolidated interpretation of the 1st article of the1st paragraph of the Amnesty Law number 6.683, from August 28th, 1979. In that, the amnesty is defined to be reciprocal, being amnestied, in this way, also, the representatives of the Brazilian State who committed crimes of torture, death and people disappearance during the Military Dictatorship period (1964-1985). The denouement of the ANFP 153 happened on April 28th and 29th, 2010, with the voting in plenary, of the LAB proposition, in which seven ministers voted against the filed action, and two of them voted in favor of it – making the law of 1979 unchanged for the required effects – among them, the possibility of judgment of the perpetrated crimes during the exception regime. In this research, we behold the ADF 153, bringing into focus the historical analysis, starting with those who were involved on the manifestations. The judgment demonstrates that it does not interact only with Juridical questions, but the historical past was a constantly object to debate. Mainly, in Ministers’ votes that rejected the action. The attempt of OAB, while proposing the reinterpretation of the Annesty Law based on the effectives ones, was requesting the penal executions for those who committed the torture, death and disappearances crimes during the Military Dictatorship Period. Otherwise this attempt found a remarkable past contest during the arguments judgment. T\he most manifestations were used historical reasons. Constantly leading people involved to appropriation and fights around past memory, in a process which juridical, social, politics and historical matter’s scopes gets in confluence.
Benavides, Vargas Rosa Ruth. "Problemática jurídica de la conciliación en el proceso penal peruano." Doctoral thesis, Universidad Nacional Mayor de San Marcos, 2002. https://hdl.handle.net/20.500.12672/645.
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Pinedo, Aubián Francisco Martín. "La Conciliación extrajudicial en el Perú : análisis de la Ley Nº 26872 y perspectivas de su eficacia como medio alternativo de resolución de conflictos." Bachelor's thesis, Universidad Nacional Mayor de San Marcos, 2003. https://hdl.handle.net/20.500.12672/1603.
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Zhang, Yafei. "Mainstream cultural production and audience citizenship: dispute resolution reality shows in transitional Chinese society." Diss., University of Iowa, 2017. https://ir.uiowa.edu/etd/7052.
Full textMellaerts, Wim. "Dispute settlement and the law in three provincial towns in France, England and Holland, 1880-1914 : a cross-national comparison." Thesis, University of East Anglia, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338045.
Full textLima, André Camarinha. "O CONSEG Morumbi: as representações de seus sujeitos e seu lugar na disputas socias pela cidade." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/8/8161/tde-08032016-143020/.
Full textThis dissertation investigates the history of establishment of the Community Council of Morumbi Security (CONSEG Morumbi) and representations on the issue of security which are expressed in their environment. From this, it seeks to give meaning to the security strategies adopted by this Council. The ethnographic method, based on participant observation, is a central element of the research whose sources are also meeting minutes of the Council, interview of its president and official documents relating to the creation and regulation of CONSEG. Initially, I identify three moments in the historical process of urbanization of the area where this council operates. These three moments brought to this area different social groups vying for the urbanization project in the region. Throughout the work, I identify the social appropriation of space CONSEG Morumbi by economically advantaged groups. So, I note the domain, in the environment of this Council of certain representations of security that emphasize the protection of heritage at the expense of other civil, social and political rights, establishing security strategies anchored in the principle of suspicion general and identifying \"dangerous classes \".
Sithole, Ellen. "Towards a theory and practice of access to civil justice for the poor in Zimbabwe, law and dispute resolution in a pluralistic society." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ28318.pdf.
Full textBernardi, Aura Correia Lima. "Planejamento urbano e capital imobiliário : incidências e disputas na produção do espaço em Balneário Camboriú/SC." reponame:Repositório Institucional da UFPR, 2017. http://hdl.handle.net/1884/47975.
Full textDissertação (mestrado) - Universidade Federal do Paraná, Setor de Ciencias Sociais Aplicadas, Programa de Pós-Graduação em Políticas Públicas. Defesa: Curitiba, 30/03/2017
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Resumo: O processo de acumulação de riqueza e expansão do capitalismo pode ser refletido em diversas instancias da vida em sociedade e o espaço social constitui, por um lado, o ambiente para a circulação da mercadoria, e por outro, a própria mercadoria como produto do capital imobiliário. Esse fenômeno, contudo, não se dá sem contradições, implicando em disputas no e pelo espaço. Falta de moradia e de mobilidade urbana, impactos ambientais, segregação socioespacial, dentre outros problemas constituem o cotidiano das cidades. A análise dos conflitos, dos agentes e interesses que incidem sobre a produção e o planejamento das cidades contribuem para a compreensão do fenômeno urbano e, ainda, dos próprios processos de produção e reprodução do capital. Este trabalho propõe uma reflexão sobre a incidência do setor empresarial, representado pelo capital imobiliário, no processo de planejamento urbano da cidade de Balneário Camboriú/SC. As legislações e os instrumentos urbanísticos, ao longo dos anos, desde a constituição do município, sofreram com as inferências do setor da indústria da construção civil, observadas a partir das ações de agentes empresarias que ao longo das décadas exerceram funções também da vida pública, dentro das esferas legislativas e executivas, e desse modo criou-se na cidade um panorama favorável para a valorização dos imóveis em determinas áreas estratégicas. A mescla do setor privado com o setor público foram observadas neste trabalho no caso da criação de legislações especificas como o Índice de Confortabilidade de Obra para Desapropriações (ICON) e Índice Construtivo Adicional para Desapropriações (ICAD), ambos criados em 2014. Já, com a revisão do Plano Diretor, que teve inicio no ano de 2014, também foi possível observar inúmeras contradições frente a um processo que deveria ser exclusivamente democrático. Com a aprovação do Estatuto das Cidades e a posterior institucionalização do Ministério das Cidades contribuíram para a definição de políticas urbanas nacionais que conferiram ao Plano Diretor - já definido constitucionalmente como o principal instrumento de política urbana nos municípios - relativa centralidade na arena decisória. Sob o viés da gestão participativa, passa a ser obrigatório, o processo de elaboração, avaliação e revisão dos planos, estimulando e abrindo o debate para diversos setores da sociedade. Na cidade de Balneário Camboriú, entretanto, este processo foi caracterizado pela interpenetração dos interesses e dos agentes do setor imobiliário em diferentes segmentos de representação social. PALAVRAS-CHAVE: Agentes capitalistas, planejamento urbano, capital imobiliário, construção civil
Abstract: The process for accumulation of wealth and capitalism expansion can be reflected in diverse instances of the life in society. The social space constitutes one ambient for the merchandise circulation, but also the merchandise itself as the product of real estate capital. This manifestation does not exist without contradictions and imply in and through space. The lack of housings and the urban mobility, the ambient impacts, the socio-spatial segregation and other problems make the cities daily's life. The conflicts analysis, the agents and interests that affect under the production and the planning of the cities contribute to the understanding through the urban phenomena and own process production and reproduction of the capital. By the years, since the constitution of the Balneário's Camboriù City, the laws and the urbanity's instruments have suffered with the inferences from the building industry sector. Legislation and planning instruments, over the years, since the constitution of the municipality, have suffered from the inferences of the civil construction industry sector, observed from the actions of business agents that over the decades also exercised functions of public life, Within the legislative and executive spheres, and in this way a favorable panorama was created in the city for the valuation of real estate in certain strategic areas. The mix of the private sector with the public sector was observed in this work in the case of the creation of specific legislation, such as the Occupational Comfortability Index for Expropriations (ICON) and Additional Construction Index for Expropriations (ICAD), both created in 2014. Already, with the review of the Master Plan, which began in 2014, it was also possible to observe innumerable contradictions regarding a process that should be exclusively democratic. With the approval of the Statute of Cities and the subsequent institutionalization of the Ministry of Cities, they contributed to the definition of national urban policies that gave the Directing Plan - already constitutionally defined as the main urban policy instrument in the municipalities - relative centrality in the decision-making arena. Under the participatory management bias, the process of drawing up, evaluating and revising the plans becomes mandatory, stimulating and opening the debate for various sectors of society. In the city of Balneário Camboriú, however, this process was characterized by the interpenetration of real estate interests and agents in different segments of social representation. KEY WORDS: Capitalist agents, urban planning, real estate capital, civil construction.
Almeida, Priscila Cabral. "Processos de construção de lugares de memória da resistência em Salvador: projetos, disputas e assimetrias." reponame:Repositório Institucional do FGV, 2018. http://hdl.handle.net/10438/24095.
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A luta política pela construção de memoriais associados à ditadura civil-militar brasileira (1964-1985) vem ganhando destaque na última década no Brasil a partir do entendimento de que a preservação, o financiamento e a manutenção destes lugares de memória são políticas de Estado, legitimados por instrumentos como o III Plano Nacional de Direitos Humanos (PNDH-3) e o Relatório Final da Comissão Nacional da Verdade (CNV). Os projetos e processos de construção dos lugares de memória da resistência são protagonizados por agentes situados no campo de disputas por memória, verdade e justiça, conformado pelo recente contexto de aprofundamento da justiça de transição no país. Partindo do pressuposto que a articulação destes agentes em busca da legitimação dos lugares de memória da resistência configura uma estratégia para inscrever fatos e histórias no imaginário social, esta pesquisa tem como objetivo descrever como estes projetos e processos são marcados por disputas e assimetrias entre estes agentes, assim como nas suas interações com o poder reificado pelo Estado. Situada e relacional, esta pesquisa tem como objetivo caracterizar e analisar o papel dos atores, bem como as temporalidades, imagens e narrativas que estão em disputa nos processos de construção de memoriais em curso na cidade Salvador (Memorial da Resistência da Bahia, Casa Marighella e Forte do Barbalho), no período de 2011 a 2016.
The political struggle for the construction of memorials associated with the Brazilian civil-military dictatorship (1964-1985) gained prominence in the last decade from the understanding that the preservation, financing and maintenance of these sites of memory are state policies legitimized by instruments such as the Brazil’s 3rd Human Rights National Plan and the Final Report of the National Truth Commission. The building projects and processes of these sites of memory of the resistance are carried out by agents located in the field of disputes for memory, truth and justice, conformed by the recent context of deepening transitional justice in the country. Based on the assumption that the articulation of these agents in search of legitimation of the sites of memory of resistance constitutes a strategy to inscribe facts and stories in the social imaginary, this research aims to describe how these projects and processes are marked by disputes and asymmetries between these agents, as well as in their interactions with the power reified by the State. Situated and relational, this research aims to characterize and analyze the actors, as well as the temporalities, images and narratives that are in dispute in the processes of construction of memorials in progress in the city of Salvador (Bahia’s Resistance Memorial, Marighella’s House and Barbalho’s Fort), from 2011 to 2016.
Cruz, Milton. "A representação de cidade e de planejamento urbano em Porto Alegre : estado, mercado e sociedade civil em disputa pela representação legítima." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2012. http://hdl.handle.net/10183/66296.
Full textThis is a case study of a Brazilian city, Porto Alegre, whose municipal administrations bet, since the early twentieth century, the concepts and tools of urban planning to build and organize the occupation and land use in the city. Nevertheless, urban problems typical of Brazilian cities, such as irregular land, the housing deficit, social fragmentation and urban segregation, grew up and still persist today. The research seeks to elements that help to understand why the urban planning system, even innovating with the introduction of participatory planning in the preparation of the Master Plan and the Participatory Budget itself (created in 1990) - that have decentralized local management decisions - proved limited to face this situation. The research is ethical commitment to contribute to the construction of a scientific approach that questions the practices of state agencies and the concepts of urban planning and city that show incompatible with building a city that guarantees citizenship to all and the development of civil society. And also indicate possibilities of building a democratic relationship between state, market and civil society can express itself with autonomy in public spheres whose theme is the city. The study object is the representation of the key actors that interact in spaces where debate and formulates policy for urban planning of the city. The research analyzes the representations of these actors in order to answer how they influence their actions and what is its impact on the profile that this policy takes. They use the theories of collective representation of Durkheim (2004) and the social representation of Moscovici (2003) as references. The general theory of modern society and the concept of contemporary society, Habermas (1989, 1996) and Cohen-Arato (2001), to analyze social action in the context of the emergence of new actors and public spheres heterogeneous. The theme of the city is investigated in relation with the modernization of society. The sociological problem of the study can be summarized in the following question: to what extent the social representations of the city and the urban planning process of the actors who act in the social space of Porto Alegre influence the outcome of this policy? Among the conclusions are presented: the concept of modernization that the survey indicated as suitable for empirical analysis, such as civil society questions the hegemonic representation of social development in Brazil, the possibilities of organizing a Planning System oriented development civil society, the importance of approaches to Jacobs (2001) and Harvey (1992) for a critique of urban planning, government actions and market.
Deirmendjian, Élisabeth. "La stratégie d'anticipation procédurale en matière civile." Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0068/document.
Full textThe civil procedural assessment strategy allows for a proper choice between the various existing rules depending on the aim. The assessment of the trial and the strategy at the heart of the lawsuit sets aside the scope of individual liberty that the defendant is entitled to during the civil trial. During the assessment of the origin of the dispute or the consideration of the methods for resolving it, the contractual technique is a matter of avoiding judicial recourse as part of an assessment strategy. Once the litigation has been entered into, the choice of suing involves assessing the chance of success of the lawsuit compared to the expected result. Sometimes what is preferred is alternative dispute resolution methods, or even recourse to a private judge (arbitrator). But if a lawsuit is entered into, it will be necessary to provide the defendant with answers to a certain number of questions that are necessary for developing the strategy that he will use throughout the case. In order to reduce legal risk, several parameters must be taken into account, such as the current state of legislation, jurisprudence, and opponents’ responses as well as those of the Office of Justice. The effectiveness of the assessment strategy will vary depending on the degree of predictability of the different elements which form the subject of this study