Journal articles on the topic 'Compulsory State arbitration'
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1
Frances, Raelene, Stuart Macintyre, and Richard Mitchell. "Foundations of Arbitration: The Origins and Effects of State Compulsory Arbitration 1890-1914." Labour History, no. 59 (1990): 117. http://dx.doi.org/10.2307/27509026.
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Tucker, Andrew E. L. "The Energy Charter Treaty and ‘Compulsory’ International State/Investor Arbitration." Leiden Journal of International Law 11, no. 3 (September 1998): 513–26. http://dx.doi.org/10.1017/s0922156598000375.
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The Energy Charter Treaty came into force on 16 April 1998. The Treaty contains far-reaching provisions on trade and investment liberalisation within the energy sectors of 49 signatory states. The Treaty arguably offers a basis for multilateral agreement on micro-economic reform of the energy sectors. Some of the most significant initiatives contained in the treaty are the provisions for resolution of disputes. This article examines in detail the provisions dealing with arbitration of disputes between investors and states. These mechanisms build on models developed in other recent multilateral investment treaties. The limitations and potential offered by these provisions are discussed and some conclusions drawn.
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Plowman, David H. "Employers and Compulsory Arbitration: The Higgins Era 1907-1920." Journal of Industrial Relations 28, no. 4 (December 1986): 588–609. http://dx.doi.org/10.1177/002218568602800407.
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In the aftermath of the strikes of the 1890s all mainland states in Australia legislated for some form of tribunal regulation of wages and employment conditions. Employers were antagonistic towards these tribunals, in particular compulsory arbitration tribunals. This paper reviews employers' attempts to circumscribe, by legislative and judicial means, the role of the federal compulsory arbitration tribunal. Although successful in emasculating the New Protection panoply accompanying arbitration, after 1913 their High Court challenges merely opened up new areas for federal jurisdiction. Employers lobbied unsuccessfully for legislation that would make the federal tribunal less intrusive and more benign. They were forced, however, to work within the new regulatory framework. The period proved a formative one in which enduring principles of wage fxation and dispute settlement were evolved, and the basis for the division of jurisdiction between federal and state tribunals were established. The centripetal forces resulting in a greater centralization of basic and secondary wage determination, together with the emergent 'test case' approach to standard hours of work, forced employer associations to take a more national and less state-oriented approach to conditions of employment.
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Segal, Naomi. "Compulsory Arbitration and the Western Australian Gold-Mining Industry: A Re-Examination of the Inception of Compulsory Arbitration in Western Australia." International Review of Social History 47, no. 1 (April 2002): 59–100. http://dx.doi.org/10.1017/s0020859001000487.
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In 1900, Western Australia, a self-governing British colony, adopted compulsory conciliation and arbitration legislation, the first Australian colony to do so. This article focuses primarily on the roles the colonial state and capital played in the adoption of the legislation and proposes a broader, more complex explanation for the introduction of the legislation than current mainstream Western Australian historiography, which, mostly, constructed the event as an unproblematic regional labour triumph. This article argues that the legislation was passed to prevent disruption to gold mining, the industry driving the development of the colony, and to revive the flagging political fortunes of the colonial government. It asserts that the timing of the legislation pre-empted a more effective bill being introduced under conditions less favourable to capital. Organized labour, which, through its lobbying, had created consensus about the desirability of introducing the legislation, was unable to influence the shape of the legislation significantly.
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Reed, Lucy, and Robert Kirkness. "Old Seeland, New Netherland and New Zealand: Some Thoughts on the Possible "Discovery" of Investment Treaty Arbitration in New Zealand." Victoria University of Wellington Law Review 43, no. 4 (December 1, 2012): 687. http://dx.doi.org/10.26686/vuwlr.v43i4.5015.
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New Zealand has to date enjoyed the luxury of engaging with the modern investment treaty regime through only three free-trade agreements with compulsory investor-State arbitration clauses. This may be about to change. New Zealand is negotiating a series of further free-trade agreements, including the Trans-Pacific Partnership Agreement, many of which are likely to provide for investor-State dispute resolution. New Zealand faces a choice in these negotiations: should it reject investment treaty arbitration on the basis that the risks, especially the perceived risks of restricted freedom to regulate, are too great or instead seek to make use of the opportunities investment treaty arbitration presents? This article looks at the evolving system of investment treaty arbitration and the different ways in which States seek to make use of it, with a focus on the Netherlands, the United States, and New Zealand.
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Goldfinch, Shaun, and Philippa Mein Smith. "Compulsory Arbitration and the Australasian Model of State Development: Policy Transfer, Learning, and Innovation." Journal of Policy History 18, no. 4 (2006): 419–45. http://dx.doi.org/10.1353/jph.2006.0012.
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Policymakers transfer knowledge about policies, ideas, and institutions between political systems, learning from one another in a process of policy learning; lesson drawing; diffusion; or policy transfer. As Dolowitz and Marsh observe: “While terminology and focus often vary … studies are concerned with the process by which knowledge about policies, administrative arrangements, institutions, and ideas in one political system (past or present) are used in the development of policies, administrative arrangements, institutions and ideas in another political system.” The literature on policy transfer has mainly addressed how policymakers glean potential lessons and use those experiences to devise reforms. It asks questions about why policy transfer occurs; who was involved; what was transferred; from where; the extent of the transfer; and how the process of transfer is “related to policy ‘success’ or ‘failure.’” Greener distinguishes this from policy learning, where policymakers make deliberate adjustments in response to experience or new information, and learning is evident when policy changes as a result of this process. Some scholars see policy transfer as a subset of policy learning, since these are often part of the same procedure. Oliver and Pemberton advance a model, for example, of how ideas are absorbed through learning, in which bureaucratic battles ensue to institutionalize a new policy, and reformers' success in securing support can be critical in determining the extent of policy learning and transfer.
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Reckendrees, Alfred. "Why Did German Early Industrial Capitalists Suggest Workers’ Pensions, Arbitration Boards and Minimum Wages?" Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook 61, no. 2 (November 25, 2020): 351–76. http://dx.doi.org/10.1515/jbwg-2020-0015.
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AbstractToday at the beginning of the 21st century, there is a debate across Europe about how much welfare society should provide, and how much private insurance is possible. Two hundred years ago, in the formative period of industrial capitalism, social problems had long been left to private initiative. Commodification of labour and its concentration in large factories, however, created demand for social protection beyond the limited shelter provided by charity. Representatives of industry in Aachen suggested compulsory factory rules granting rights to workers, compulsory workers’ pension funds, minimum wages and maximum working hours. The article argues that the industrialists’ aim was to stabilize the social order of industrial capitalism by using ideas of social partnership. Labour should not just be pacified, but reconciled with capitalist society. While interpreting social policy as a capitalist aim, the article aims to contribute to the discussion about the origins of the welfare state.
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Hundley, Greg. "The Law and Union Membership in US State and Local Government." Journal of Industrial Relations 30, no. 2 (June 1988): 248–57. http://dx.doi.org/10.1177/002218568803000204.
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State and local government workers in the United States are covered by a wide variety of collective bargaining laws, thus providing a rare opportunity to analyse the effects of the law on union membership. Analysis of a large micro-data sample shows that several aspects of bargaining laws, particularly provisions relating to exclusive jurisdiction and union security, have a pronounced effect on the probability that a worker will be a union member. An individual covered by the right to strike is less likely to be a union member than an individual covered by a compulsory arbitration law. Estimates indicate that deregulation of an industrial relations system that provides incentivesfor unionism similar to those that exist in Australian policy would produce a dramatic decline in membership.
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Laugen, R. Todd. "Struggles for the Public Interest: Organized Labor and State Mediation in Postwar America." Journal of the Gilded Age and Progressive Era 4, no. 1 (January 2005): 69–82. http://dx.doi.org/10.1017/s1537781400003662.
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In his 1906 Annual Message to Congress, President Theodore Roosevelt urged support for a bill to mandate the government investigation of labor disputes before allowing workers to strike. In an “age of great corporate and labor combinations,” the president insisted “the public has itself an interest which can not wisely be disregarded; an interest not merely of general convenience, for the question of a just and proper public policy must also be considered.” Congress at the time was unmoved. Yet Roosevelt's proposal signaled a growing movement to compel the investigation and arbitration of major labor conflicts. This movement peaked in the years soon after World War I. Advocates for government mediation insisted that an impartial commission of experts could peacefully negotiate workplace disputes and spare the consuming public the contests of will and force associated with major strikes. The Progressive Era arbitration of railroad and mining conflicts established important precedents and have received significant attention from scholars. National mediation boards, however, rarely assumed the power to order participation. Such efforts were more prominent at die state level. In 1915 Colorado legislators largely implemented Roosevelt's proposal, creating the first government board with powers to ban strikes and lockouts pending an investigation in industries affected with a public interest. Soon after the war, Kansas expanded upon the Colorado precedent with a compulsory arbitration board to regulate a host of indus-tries deemed essential to the public. Programs for state mediation of labor conflicts in the postwar period were particularly bound up with questions of compulsion in the public interest.
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Mouat, Jeremy. "Foundations of Arbitration: The Origins and Effects of State Compulsory Arbitration 1890–1914. Edited by Stuart Macintyre & Richard Mitchell Melbourne: Oxford University Press, 1989, 385 pp." Canadian journal of law and society 7, no. 2 (1992): 353–54. http://dx.doi.org/10.1017/s0829320100002647.
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Buckley, Ken. "Stuart Macintyre and Richard Mitchell, eds, Foundations of arbitration: the origins and effects of state compulsory arbitration, 1890-1914 (Melbourne: Oxford University Press, 1989. Pp. vii + 385. Paperback $24.95.)." Australian Economic History Review 31, no. 2 (January 1, 1991): 117–18. http://dx.doi.org/10.1111/aehr.312br6.
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Blackburn, Sheila. "Ideology and Social Policy: the Origins of the Trade Boards Act." Historical Journal 34, no. 1 (March 1991): 43–64. http://dx.doi.org/10.1017/s0018246x00013923.
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The issue of sweated labour formed one of the most intractable social problems of the nineteenth and early twentieth centuries. Numerous remedies to solve sweating, such as the restriction of female and child labour, the abolition of domestic workshops, consumers' leagues, and co-operative production were variously advanced but subsequently found to be wanting. Eventually, and bowing to the inevitable, Edwardians finally sanctioned one cautious measure which they thought would curb sweating at its root – that is the legal control of low pay in the form of the 1909 Trade Boards Act. Initially, the act applied to domestic chain-making, ready-made and wholesale bespoke tailoring, paper-box making, and the machine-made lace and finishing trade. In these four industries in which wages were deemed unduly low, boards were established consisting of equal numbers of employers' and workers' representatives, plus independent members nominated by the state. In effect, the boards were thus a form of compulsory arbitration on pay.
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Olssen, Erik. "Book Reviews : FOUNDATIONS OF ARBITRATION: THE ORIGINS AND EFFECTS OF STATE COMPULSORY ARBITRATION 1890-1914 Edited by Stuart Macintyre and Richard Mitchell. Oxford University Press, Melbourne, 1989, xi + 385 pp., $27.50 (paperback)." Journal of Industrial Relations 35, no. 1 (March 1993): 165–66. http://dx.doi.org/10.1177/002218569303500111.
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Alexander, Michael, Roy Green, and Andrew Wilson. "Delegate Structures and Strategic Unionism: Analysis of Factors in Union Resilience." Journal of Industrial Relations 40, no. 4 (December 1998): 663–89. http://dx.doi.org/10.1177/002218569804000409.
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This article examines the pattern of union membership decline in Australia using the 1995 Australian Workplace Industrial Relations Survey data set (AWIRS 95), including the panel of surviving workplaces drawn from the 1990 survey. It confirms recent studies that suggest that the decline is more or less comprehensive, but points to some diversity in the longitudinal findings. In particular, the article tracks the growth of delegate structures in the previous five years in unionised workplaces, employee attitudes to unions, and the much slower rate of derline associated with 'active unionism', While it has been argued, not least by Joe Isaac (1958), that workplace organisation tended to 'atrophy' under compulsory arbitration, there is no automatic process by which it will correspondingly flourish under more decentralised bargaining arrangements. The AWIRS 95 findings suggest that the future of unions will be determined by a range of factors, which include their ability to build and co-ordinate delegate networks and hence the role of the state in providing legislative support for workplace organisation and fair wages. We argue that this, not a return to centralised wage restraint, sbould be the focus of strategic unionism.
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Boyle, Alan E. "Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction." International and Comparative Law Quarterly 46, no. 1 (January 1997): 37–54. http://dx.doi.org/10.1017/s0020589300060103.
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The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.
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Shepenko, Roman A., and Lia Nani. "Legal regulation of liability for tax offnces and tax dispute resolution in Georgia, Moldova and Russian Federation." Law Enforcement Review 4, no. 3 (October 5, 2020): 46–68. http://dx.doi.org/10.24147/2542-1514.2020.4(3).46-68.
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The subject. For many years, Georgia, Moldova and Russia were part of the same state, which a priori indicates the existence of a similar legal system. Despite the positive experience of the European Economic Community, the trends that the USSR faced at the end of the XX century were reversed: the former republics gained independence and started to form their own legal systems. It seems appropriate to put forward the hypothesis that the newly formed States should have used a common legal heritage and/or tried and tested foreign examples of normative acts. However, this does not seem to be the case. Purpose of the study. The article represents an attempt to verify the aforementioned hypothesis and deals with selected provisions of the national legislation of Georgia, Moldova and Russia that, from one hand, relate to taxation and, from the other, are of general character, i.e. can be applied not only to particular cases. Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of Georgian, Moldovian and Russian legal literature. Structural and systemic methods are also the basis of the research, The main results. The content of tax laws determines the chosen model of the distribution of law provisions on liability for breach of tax legislation, i.e. the fact whether such laws contain provisions on liability. The compulsory administrative stage of dispute resolution has proven to be ineffective for taxpayers, tax representatives and third parties. As for the international resolution of tax disputes there is a wide diversity of applicable means (particularly, arbitration which is not characteristic for the national order) and of specific dispute resolution mechanisms. Conclusions. Despite certain differences, the legal regulation of liability and dispute resolution in Georgia, Moldova and Russia is very similar. However, it is necessary to take into account the distinctive features arising from the limitation of the territorial legal effect of the norms of Georgia and Moldova.
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Glukhova, Oksana Yuryevna, and Valentin Vasilyevich Nazarov. "Prospects for the development of professional representation in Russian arbitration proceedings." Current Issues of the State and Law, no. 11 (2019): 385–90. http://dx.doi.org/10.20310/2587-9340-2019-3-11-385-390.
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We investigate the development problem of professional representation in the arbitration proceedings of the Russian Federation. We believe that the professional representatives participation in the arbitration process has a very positive impact on the efficiency and quality of proceedings which is carrying out by the arbitration courts. It is stated that the need for professional representatives is primarily due to the special (economic) nature of disputes considered by arbitration courts, the participation in which persons who do not have the appropriate education and knowledge, on the one hand, as a rule, does not contribute to the effective protection of their rights, on the other – delays the consideration of cases. Thus, the Arbitration procedure code of the Russian Federation will be amended in autumn 2019, concerning the requirement of compulsory higher legal education for representatives of the parties in civil and arbitration cases. The amendments provide that in addition to lawyers, they can only be persons with a higher legal education or a degree in law. The exception is cases subject to consideration by magistrates or district courts. It is concluded that the presence of higher legal education in the near future becomes a mandatory requirement for representatives in disputes considered by the arbitration courts of the Russian Federation.
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Dzhura, V. V., D. A. Kovarin, and B. A. Tugutov. "Сourt as a Subject of Enforcement Proceedings." Rossijskoe pravosudie 2 (January 28, 2021): 55–63. http://dx.doi.org/10.37399/issn2072-909x.2021.2.55-63.
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The specifics of legal relations in the sphere of enforcement proceedings as a procedure for compulsory execution of judicial acts and acts of other specially authorized bodies inevitably affect the features of the procedural position of the judicial bodies in this procedure. In this regard, the authors have attempted to determine the actual legal status of the court in this area and identify the most pressing problems that arise in the implementation of its main powers. To achieve this goal, both General scientific (logical and system) and private scientific (formal legal, comparative legal, legal interpretation) research methods were used. It is established that the court is not a monofunctional body, having multiple procedural functions in this procedure at almost every stage of enforcement proceedings. The authors describe their own classification of the powers of courts of arbitration and courts of General jurisdiction in the procedure of compulsory execution of judicial acts, the provisions of the current legislation and legal positions of legal scholars, the materials of law-enforcement practice of the Federal bailiff service. The author studies problematic issues that arise in the course of the courts' performance of their functions in the framework of enforcement, as well as in the process of interaction with the bodies that perform it. Special attention is also paid to the so-called «judicial rulemaking» carried out by the highest judicial authorities of the Russian Federation, and it is concluded that the authority of their guidelines is gradually increasing, including in the field of enforcement proceedings. In addition, it is concluded that the provisions of the current legislation on enforcement proceedings in conjunction with the array of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation may in the future become the legal and practical basis for the draft Executive code of the Russian Federation.
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Kumar, Rajesh. "Bilateral Investment Treaty Negotiations between India and U.S: Problems and Prospects." IRA International Journal of Education and Multidisciplinary Studies (ISSN 2455–2526) 4, no. 1 (July 25, 2016). http://dx.doi.org/10.21013/jems.v4.n1.p1.
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<p><em>Relationship between U.S. and India is at the best phase, especially after former unequivocal support in NSG (Nuclear Supply Group) and helping inclusion in MTCR (Missile Technology Control Regime). The relationship between two oldest and biggest democracies has matured under the headship of Mr. Barak Obama as President and Mr. Nardendra Modi as prime minister. In the recent visit of Indian prime minister, the warm gesture shown by U.S. congress members have further cemented the strength of tie up between two nations. However, despite great chemistry between two nation and its leaders from last many years, both have failed to enter into Bilateral Investment Treaty. India is having Bilateral Investment treaty with more than 80 countries including U.K. and Russia, of which 72 treaties are operational. <a title="" href="file:///C:/Users/SPub/Desktop/July%202016%20IRA%20Issues/IRAJEMS/IRAJEMS1.docx#_ftn1">[1]</a> U.S. is having Bilateral Investment treaties with more than 46 countries including Russia and Bangladesh.<a title="" href="file:///C:/Users/SPub/Desktop/July%202016%20IRA%20Issues/IRAJEMS/IRAJEMS1.docx#_ftn2">[2]</a> Since 2008, the two countries have been engaged in sporadic discussions to conclude the Investment treaty. Negotiations on its wording, based on each country’s revised model treaty texts, will begin soon. Both the leaders Indian Prime Minister Narendra Modi and U.S President Barack Obama affirmed their mutual commitment to facilitating increased bilateral investment flows and fostering an open and predictable climate for investment many a times , But consensus has not been reached till today on certain term and conditions. In the absence of BIT , the rights of investors of both the countries are at the stake. Further, MFN or nationality treatment clause cannot be invoked or granted in the event of any regulatory or other action. Obligations imposed by BIT to protect interest of foreign investors are absent. Further, after losing its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company and pending 17 cases, India has recently adopted new BIT in 2015 . It also has reflections of pending claims of Vodafone and other cases involving Intellectual Property Rights( Hereinafter refereed as IPR) and the cases of compulsory licences. </em></p><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p><em><a title="" href="file:///C:/Users/SPub/Desktop/July%202016%20IRA%20Issues/IRAJEMS/IRAJEMS1.docx#_ftnref1">[1]</a> Details Avaialble at <a href="http://www.finmin.nic.in/bipa/bipa_index.asp">http://www.finmin.nic.in/bipa/bipa_index.asp</a>.</em></p></div><div><p><em><a title="" href="file:///C:/Users/SPub/Desktop/July%202016%20IRA%20Issues/IRAJEMS/IRAJEMS1.docx#_ftnref2">[2]</a> Details Avialable at <a href="http://www.state.gov/e/eb/ifd/bit/117402.htm">http://www.state.gov/e/eb/ifd/bit/117402.htm</a>.</em></p></div></div>