Relevant bibliographies by topics / Property dispute

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Property dispute'

Author: Grafiati
Published: 25 May 2024

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Journal articles on the topic "Property dispute"

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Kurniawan, Rudi, and Sabela Gayo. "The Use of Mediation as Alternative Property Dispute Resolution." International Journal of Research and Review 10, no. 2 (February 11, 2023): 330–38. http://dx.doi.org/10.52403/ijrr.20230242.

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Property disputes cannot be avoided in the present era, this is due to various primary needs that are very high in today's times for example the number of land plots is limited in the development of home property. This demands improvements in the field of arrangement and use of property for the welfare of the community and especially its legal certainty. For this reason, various efforts are made by the government to seek the settlement of property disputes quickly to avoid the buildup of property disputes, which can harm the community, for example, property cannot be used because the land is in dispute. Basically, the choice of dispute resolution can be done with 2 (two) processes. The process of dispute resolution through litigation in court and non-litigation, as the initial stage of settlement, this paper has highlighted the settlement of property disputes in the initial residence using mediation as an alternative dispute resolution in property disputes with a voluntary mediation scheme. Keywords: Alternative Dispute Resolution, Voluntary Mediation, Ownership Rights
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Gayo, Sabela. "THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES." International Asia Of Law and Money Laundering (IAML) 1, no. 2 (June 3, 2022): 101–6. http://dx.doi.org/10.59712/iaml.v1i2.18.

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In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.
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Singh, Vaishali. "Arbitrability of Intellectual Property Dispute: A Pragmatic Dispute Resolution Mechanism." International Journal of Science and Research (IJSR) 12, no. 12 (December 5, 2023): 1945–47. http://dx.doi.org/10.21275/sr231225231619.

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Sudjana, Sudjana. "Efektivitas dan Efisiensi Penyelesaian Sengketa Kekayaan Intelektual melalui Arbitrase dan Mediasi berdasarkan Undang-Undang Nomor 30 Tahun 1999." Ajudikasi : Jurnal Ilmu Hukum 2, no. 1 (July 20, 2018): 81. http://dx.doi.org/10.30656/ajudikasi.v2i1.598.

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This review discusses the effectiveness and efficiency of dispute resolution of intellectual property through Arbitration compared to Mediation under Law Number 30 of 1999.Approach method used is normative juridical, that is studying national legislation. Specific descriptive analytical research in the sense of describing the issues discussed and analyzed. The research stage is done through literature study to examine the primary law material such as Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution. Furthermore, secondary law material is done through expert opinion, and tertiary legal material is digital source (internet). Data collection techniques are conducted through document studies, which are conducted by reviewing documents on intellectual property dispute resolution. Then the method of data analysis is done through normative qualitative, it means to study the problem do not use statistic formula, but starting from the principles of law.The results of the study show that the settlement of intellectual property disputes through Arbitration and Mediation each has advantages and disadvantages. Mediation is more effective and efficient than Arbitration relating to stakeholder relations, atmosphere, results achieved, and costs. However, in terms of legal certainty, arbitration is more effective because the decision is final and binding. Keywords: Dispute Resolution, Intellectual Property, Arbitration, Mediation.
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Qtaishat, Khaldoun Said Saleh. "Jurisdiction in Intellectual Property Disputes." Journal of Law and Sustainable Development 12, no. 1 (January 29, 2024): e2759. http://dx.doi.org/10.55908/sdgs.v12i1.2759.

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Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations such as theft and others. The second is disputes arising from contractual relations and breaches of obligations by one of the parties to the relationship. Method: In this study, we will attempt to follow a scientific methodology based on the analysis and discussion of legal texts, jurisprudence and jurisprudence on the subject of the study in order to obtain a legal opinion and an integrated view of the subject. Result: Determining the jurisdiction of national courts in the settlement of intellectual property disputes is not a problem in the event of a national dispute but in the event that it includes a foreign element, the conflict of jurisdiction is problematic and is resolved through objective or personal controls. In the event that the parties agree to resolve the dispute by arbitration, the jurisdiction might be decided by determining the law applicable to the dispute or might be invoked through contract clauses, citizenship, or other controls. Conclusion: we consider that the development of laws and legislation protecting contractual and non-contractual intellectual property rights is very slow to keep pace with violations.
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Emre, Ay Yunus. "Intellectual property disputes and international arbitration." Zbornik radova Pravnog fakulteta u Splitu 58, no. 3 (September 7, 2021): 929–41. http://dx.doi.org/10.31141/zrpfs.2021.58.141.929.

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International arbitration is widely enjoyed in international commercial disputes. Popular arbitral institutions are known for international commercial disputes. Moreover, academic papers generally analyse international commercial arbitration. However, intellectual property disputes are also resolved in arbitration. Therefore, WIPO set up arbitration and mediation institution in its body. Purpose of this paper is to emphasize that arbitration is also suitable alternative dispute resolution for intellectual property disputes.
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Prassiwi, Annisa Gita, I. Gusti Ngurah Adnyana, Dewi Ayu Rahayu, and Dhaniar Eka Budiastanti. "Penyelesaian Sengketa Konsumen melalui Badan Penyelesaian Sengketa Konsumen." Bhirawa Law Journal 4, no. 1 (August 15, 2023): 1–8. http://dx.doi.org/10.26905/blj.v4i1.10581.

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Currently there are many problems in consumer protection. The increasing number of goods and/or service transactions, the increasing number of consumer disputes in Indonesia. Based on data from the Malang City Consumer Dispute Settlement Agency, there were several problems reported to the Consumer Dispute Settlement Agency, including problems with property, Regional Drinking Water Companies and leasing. The type of research used is normative juridical, namely studying and analyzing cases that have occurred using Law no. 8 of 1999 concerning Consumer Protection. The aims of this research is expected to improve the performance of the Consumer Dispute Settlement Agency so that when there is a problem in society related to consumer disputes it can be resolved properly. Besides that, it can add knowledge, especially to business actors so that every transaction must be more careful and consumers when making a transaction must pay more attention to the information available so that there are no errors in the end. The results of this study include the dispute resolution mechanism by the Consumer Dispute Settlement Agency which is carried out through five stages as well as consumer dispute resolution efforts.
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Jin, Yunxi. "Diversified Mechanisms of Dispute Resolution for China's Foreign-Related Intellectual Property Right." Advances in Economics, Management and Political Sciences 83, no. 1 (May 24, 2024): 15–21. http://dx.doi.org/10.54254/2754-1169/83/20240710.

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China's increased competition with industrialised countries in terms of technological innovation during its current development transition has led to an increased demand for its intellectual property resources. At the same time, globalisation has further highlighted the inevitability of China facing foreign-related intellectual property challenges, prompting a focus on resolving such disputes. However, managing intellectual property right litigation relating to other countries remains difficult due to the unique types of foreign-related intellectual property right cases and the intricacies of applying national laws. In order to improve China's intellectual property dispute resolution framework and make it more effective and fairer, this paper will propose the shortcomings of the current litigation procedures through the case analysis and data analysis, and confirm that the flexible and reasonable use of diversified dispute resolution mechanisms will help China better deal with foreign-related intellectual property issues. While advocating a diversified dispute resolution framework for China's foreign-related intellectual property rights, it also provides possible suggestions for its construction.
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Cherniak, O. "Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 255–61. http://dx.doi.org/10.24144/2788-6018.2024.02.44.

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The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.
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Ugli, Khujayev Shokhjakhon Akmaljon, and Atalykova Guljazira Shuraxanovna. "ISSUES OF RESPONSIBILITY IN THE FIELD OF INTELLECTUAL PROPERTY." American Journal of Political Science Law and Criminology 05, no. 06 (June 1, 2023): 35–39. http://dx.doi.org/10.37547/tajpslc/volume05issue06-07.

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This article analyses the specifics of resolving disputes on liability for violations of intellectual property rights under the legislation of the Republic of Uzbekistan. The authors separately studied the specifics of resolving issues of property liability in civil and economic courts, public law disputes in administrative courts, as well as administrative offenses and crimes in criminal courts. Based on the analysis, the authors note the importance of 1) specialization of courts; 2) the use of alternative dispute resolution measures; 3) improving the system of execution of court decisions; 4) the use of an integrated approach to solving problems of responsibility on the Internet.
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Dissertations / Theses on the topic "Property dispute"

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Fung, Wing Sze. "Dispute resolution for intellectual property disputes on designing and issuing collectibles." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22445924a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Arts in arbitration and dispute resolution, LW6409 dissertation." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Wang, Yinan. "Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System." Miami University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534.

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English, Penelope Jane. "Sites of dispute : owning the physical remains of the past." Thesis, Keele University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269300.

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Li, Wai Kwong. "An exploratory study of using alternative dispute resolution as a means of resolving real estate disputes in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833829a.pdf.

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Papiri, Foteini. "Cross-border intellectual property disuputes arising online : towards a new dispute resolution model?" Thesis, University of Nottingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.446381.

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Bastos, Maria Ines S. R. "Winning the battle to lose the war? : the US/Brazilian dispute over the 'informatics' policy." Thesis, University of Sussex, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386155.

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Ho, Dik Hong Duncan. "The practice and effectiveness of international dispute resolution platforms in the protection of intellectual property rights." access full-text access abstract and table of contents, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22013696a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
Title from PDF t.p. (viewed on Sept. 7, 2007) "A dissertation submitted in conformity with the requirements for the degree of Master of Arts in arbitration and dispute resolution." Includes bibliographical references.
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Thörn, Christine. "Internationell tvistlösning inom immaterialrättens område : Utvecklingen av tvistlösningsmekanismer och dess genomslag." Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-41782.

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International conventions signifies international trade, which in itself would be ineffective if there were no dispute settlement mechanisms. This essay intends to examine how dispute settlement mechanisms between states have developed over the years and a large emphasis is placed on the World Trade Organizations (WTO) Dispute Settlement Body since it’s had great significance for the efficiency of international law. In order to show the need for dispute settlement mechanisms, a background to the conventions that have called for the development of the DSB is in order. This essay focuses on Intellectual Property Rights (IPR), and the agreement that currently regulate intellectual property rights, Trade Related Aspects of Intellectual Property Rights (TRIPS), but also its connection to the DSB. The current negotiations between the EU and the USA for a free trade agreement, Transatlantic Trade and Investment Partnership (TTIP) is also mentioned since it intends to serve as a global model once settled. The purpose of this paper is to investigate and analyze the emergence of the TRIPS agreement, and its relation to the dispute settlement mechanism of the WTO.
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Richardson, Robin Kieron. "Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4436.

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The need for a viable alternative to court litigation of intellectual property disputes is much needed in modern legal systems. IP court litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility of using alternative methods, such as mediation and arbitration, to resolve complex IP disputes. The paper critiques modern judicial systems and analyses how alternative methods may be better suited to the resolution of IP disputes. Particular attention is paid to the issues present in the South African legal system and what steps are needed to implement a workable and regulated alternative to the High Court system. The paper concludes that alternative dispute mechanisms are well suited to the resolution of IP disputes but that South Africa needs to take progressive steps towards the realisation of such a system.
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Chadwick, Marcus. "The Overseas Private Investment Corporation political risk insurance, property rights and state sovereignty /." Connect to full text, 2006. http://hdl.handle.net/2123/1857.

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Thesis (Ph. D.)--Discipline of Government and International Relations, Faculty of Economics and Business, University of Sydney, 2007.
Title from title screen (viewed 16th July, 2007). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Discipline of Government and International Relations, Faculty of Economics and Business, University of Sydney. Degree awarded 2007; thesis submitted 2006. Includes bibliographical references. Also issued in print.
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Books on the topic "Property dispute"

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Commission, Queensland Law Reform. Shared property: Resolving property disputes between people who live together and share property. North Quay, Queensland: The Commission, 1991.

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Canadian Bar Association. National Intellectual Property Section., Canadian Bar Association. National Alternative Dispute Resolution Section., Canadian Bar Association. National Continuing Legal Education Committee., and Canadian Bar Association. Continuing Legal Education. Conference, eds. Symposium on intellectual property alternative dispute resolution. Ottawa: Association du barreau canadadien [i.e. canadien], 2002.

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Webster, G. C. The use of alternative dispute resolution in resolving intellectual property disputes in South Africa. Pretoria: Centre for Business Law, University of South Africa, 1995.

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Samaras, Harrie. ADR in intellectual property cases. Chicago: American Bar Association, 2011.

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Matthias, Sonntag, and Wilske Stephan 1962-, eds. Intellectual property law in Germany: Protection, enforcement and dispute resolution. München: Beck, 2008.

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Institute, Pennsylvania Bar, ed. ADR & IP disputes. Mechanicsburg, PA (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2004.

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Field, Martha A. Legal reform in Central America: Dispute resolution and property systems. Cambridge, Mass: John F. Kennedy School of Government, Harvard University, 2001.

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Rose, Laurel L. Disputes in common property regimes (CPR's). Madison: Land Tenure Center, University of Wisconsin-Madison, 1996.

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Samaras, Harrie. ADR advocacy, strategies, and practice: For in intellectual property cases. Chicago: American Bar Association, 2011.

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Mekanisme penyelesaian sengketa HaKI (Hak atas Kekayaan Intelektual). Surakarta, Jawa Tengah: Sebelas Maret University Press, 2004.

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Book chapters on the topic "Property dispute"

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Chambers, Falcon. "Dispute resolution procedure under the codes." In The Electronic Communications Code and Property Law, 460–78. Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.1201/9781351007283-33.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Arbitral Tribunal Established by the Austro-German Property Treaty." In Dispute Settlement in Public International Law, 1701–14. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_101.

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von Lewinski, Silke. "The WTO/TRIPS Dispute Settlement Mechanism: Experiences and Perspectives." In MPI Studies on Intellectual Property and Competition Law, 603–20. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-48107-3_19.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "World Intellectual Property Organization: Mediation, Arbitration, and Expedited Arbitration Rules of October 1, 1994." In Dispute Settlement in Public International Law, 1133–66. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_46.

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Urbinati, Sabrina. "Alternative Dispute Resolution Mechanisms in Cultural Property Related Disputes: UNESCO Mediation and Conciliation Procedures." In Art, Cultural Heritage and the Market, 93–116. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-45094-5_4.

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Kucukali, Canan, Liudmila A. Bukalerova, Saule M. Naurzaliyeva, and Alexandra S. Vasilenko. "Mediation as an Alternative Dispute Resolution in Intellectual Property Disputes in Turkey and Russian Federation." In Geo-Economy of the Future, 573–81. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92303-7_62.

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Farran, Sue. "Intellectual Property Consequences of Commercial Relations with Small States: A View from the Pacific." In Integration and International Dispute Resolution in Small States, 141–63. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74573-2_6.

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Zhang, Chenyang. "Property Preservation and Act Preservation." In Win in Chinese Courts, 139–48. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-3342-6_9.

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AbstractIn China, some defendants will, upon becoming aware of being sued, take various methods to transfer and/or hide their property or the subject matter in dispute. In such circumstances, even if the plaintiff wins the case, it may still find it difficult to be actually compensated. In order to solve this problem, the plaintiff can apply to the Chinese court for property preservation. Chinese courts will take such preservation measures as sequestering, seizing and/or freezing according to the type of property to be preserved, which are the same as those taken by the courts during the enforcement procedure. In order to avoid “winning the case but still losing money”, it’d be better for the plaintiff to consider applying for property preservation and collect property clues of the defendant before case filing. Act preservation is a temporary remedy to avoid the parties from suffering “irreparable damage” during the civil proceedings. The act preservation is highly similar to the “interlocutory injunction” in common law countries and the “provisional injunction” in civil law countries such as Germany and Japan. Chinese courts, when examining the application for act preservation, need to balance the interests between the parties and the public. In recent years, the number of cases, especially those related to intellectual property and unfair competition, subject to the act preservation measures has been on the rise. If the application for act preservation is erroneous, the applicant shall be liable for compensation to the respondent. In intellectual property and unfair competition cases, there are clear-cut standards for determining whether an application for act preservation is erroneous or not.
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Khan, Geoffrey. "5. Legal Documents." In Semitic Languages and Cultures, 145–84. Cambridge, UK: Open Book Publishers, 2024. http://dx.doi.org/10.11647/obp.0391.05.

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Documents 44–52 are legal documents of various types. These include a lease of land (44), a lease of a boat (45), a document of testimony relating to the sale of property (46r), a document of sale (46v), an acknowledgement of a debt (47), marriage contracts (48, 51), a document concerning the division of property after divorce (49r), a court record relating to divorce (49v), an acknowledgement relating to divorce (50) and a court record relating to marriage (52). Document 53 is a letter written by a judge relating to a marital dispute. The content and structure of the documents are described.
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Oellers-Frahm, Karin, and Andreas Zimmermann. "Vienna Convention on Succession of States in Respect of State Property, Archives and Debts of April 8, 1983 (Identical with the Vienna Convention on Succession of States in Respect of Treaties of August 23,1978)." In Dispute Settlement in Public International Law, 139–43. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_8.

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Conference papers on the topic "Property dispute"

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Sulistianingsih, Dewi, and Muhammad Shidqon Prabowo. "Out of Court Intellectual Property Right Dispute Resolution." In 1st Borobudur International Symposium on Humanities, Economics and Social Sciences (BIS-HESS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200529.023.

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Lai, Rong-Jer. "Pedagogical Experience in Engineering Education: Studying Cases of Patent Dispute as a Method for Both Innovation and Legal Education." In ASME 2014 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/imece2014-37004.

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The issue of intellectual property is inevitable for an engineering design course today. Traditionally, it would be discussed separately from the technical or the legal perspective. But they are two sides of the same coin. In the course of comparative analysis of patent dispute, the case method was used to treat the issue involved from both perspectives at the same time. Patent disputes are mainly concerned with the issue of patentability or infringement, and normally both involved. For analysis of a dispute, it is normally required to compare the elements of the invented object with either the prior arts or the alleged infringement, depending on the cases. For such legal analysis one can instead take design methods such as TRIZ (an acronym in Russian standing for “theory of inventive problem solving”) and SCAMPER (an acronym standing for “substitute, combine, adapt, magnify or minify, put to other uses, eliminate or elaborate, and rearrangement or reverse”) to check the design concepts or the inventive principles behind the objects, so that the students can learn the innovation methods and the legal procedure at the same time. In this paper pedagogical experience with concrete examples was demonstrated.
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Mozhaikina, O. S., O. M. Kononets, and O. V. Lishchuk. "Mediation as an effective method of dispute resolution in the sphere of intellectual property." In EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-334-7-10.

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Ma, Li. "Research on the Dispute Settlement Mechanism of Intellectual Property in International Trade Under the Belt and Road Initiative." In Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/jahp-19.2019.196.

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Senarath, P. A. N. B., and M. Francis. "DISPUTE AVOIDANCE FROM THE PERSPECTIVE OF PROCUREMENT METHODS: A CONCEPTUAL FOCUS." In The 9th World Construction Symposium 2021. The Ceylon Institute of Builders - Sri Lanka, 2021. http://dx.doi.org/10.31705/wcs.2021.22.

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Disputes are unavoidable in construction projects due to their complex characteristics and involvement of different parties, which can interrupt the smooth construction process. Hence, proper dispute avoidance strategies need to be implemented to avoid disputes beforehand. On the other hand, the previous researchers suggested that there is a link between disputes and procurement methods. Therefore, the current research investigates the disputes in the construction industry from the perspective of different procurement methods. A systematic literature review was carried out to identify the available procurement methods in the construction industry, disputes and dispute avoidance strategies and the features of the procurement methods from the perspective of disputes. Firstly, a total of fifty-two key research papers on the research area were employed to review. The literature findings revealed that the industry has moved towards collaborative approaches from the traditional procurement method with higher dispute frequency because as per the findings the likelihood of disputes seems less in the projects procured under collaboration. It further revealed that the inherent features of collaborative approach such as teamwork, relationships and mutual understanding give less prosper towards disputes. Therefore, the findings of the review conclude that the selection of collaborative procurement method at the early stages of a project can reduce the possibilities of disputes from the perspective of procurement methods.
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Deshabhi, K. A. Gayashan, Vajira Edirisinghe, Rangamal Dahanayaka, and Mohan Siriwardana. "Negotiation as an ADR Technique in the Sri Lankan Construction Industry." In SLIIT 2nd International Conference on Engineering and Technology. SLIIT, 2023. http://dx.doi.org/10.54389/dmen6262.

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The construction industry is complex, and disputes are common in this industry. One primary method used in dispute resolution in the Sri Lankan construction industry is negation. Negotiation is considered a cost and time-effective alternative dispute resolution method. However, the contracts formed based on Construction Industry Development Authority (CIDA) do not include negotiation as a dispute resolution (DR) method. Therefore, this study aims to find the reasons for the failures in dispute negotiation and develop a framework to improve dispute negotiation in the Sri Lankan construction industry. There were two methods applied in this research. Because to avoid being based on a limited set of construction industry-related disputes. Five interviews were conducted by construction industry professionals to organize the data collection through documentaries and selected construction industry professionals are one projects director, one Chartered quantity surveyor, one engineer, one project manager, and one quantity surveyor to cover management level, chief level, and senior level. Then 250 claims were collected relevant to design changes, payment-related issues, time-related issues, documentation, and work quality. Out of those five types of claims, the majority of payment and time related disputes were resolved unsuccessfully through negotiation. Reasons for those disputes to fail in resolving through negation are negotiation outcome do not have statutory powers, the attitude of disputing parties, lack of negotiation skills, lack of trust towards negotiation, and less documentary information. The study recommends CIDA improve negotiation practices in the Sri Lankan construction industry by providing proper training, including negotiation as a compulsory DR, provide awareness programs to the industry stakeholders on dispute negotiation and its benefits. KEYWORDS: Negotiation, disputes, construction industry, Sri Lanka
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Radulović, Uroš, and Vladimir Erdoglija. "FIZIČKO LICE KAO DAVALAC IZDRŽAVANJA KOD UGOVORA O DOŽIVOTNOM IZDRŽAVANJU." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1037r.

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A contract on lifelong support is a contract of inheritance law which is very often concluded in our legal practice. In relation to the contract on lifelong support, the number of concluded contracts on the transfer and distribution of property for life can be considered negligible. The contract on lifetime support is a bilateral legal transaction in the conclusion of which there are two consensual declarations of will. Therefore, for its validity, the existence of a unilaterally expressed will is not enough, but the existence of two consensual declarations of will is necessary. Generally speaking, the provider of support is a person who undertakes to provide support, the provider of support means the contracting party that has undertaken to support the recipient of support or a third party for the rest of his life. There is no dispute in theory and practice regarding the notion of breadwinner, and as a rule, natural persons appear as breadwinners in this contract, although there are no obstacles for a legal entity to appear as a breadwinner.
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Lastiri Santiago, Mónica. "The Legal Challenges of the Metaverse: Business Trademarks." In Eighth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2022. http://dx.doi.org/10.31410/limen.2022.357.

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The Metaverse is emerging as a hotbed for brand promotion as well as a platform for creating and using intellectual property rights includ­ing trademarks. The avatars (users) can create digital objects to sell to other users. Lenders and investors are seeking opportunities to capitalize on new Metaverse markets and digital assets as is the named NFT (not-fungible to­ken) that is the unique data coding that can be visually represented by a dig­ital asset, for example, a virtual handbag. Currently one of the real-world lawsuits involving trademarks and NFTs is the dispute between fashion house Hèrmes vs NFT creator Mason Rothschild. Hermès makes the exclusive line of Birkin handbags and Rothschild started selling NFTs in the form of digital images he named MetaBirkins which are the virtual reproduction of the Hèrmes product. Therefore, the fashion house filed a trademark claim for unauthorized use of their trademark and design. From the above-mentioned lawsuit raises a set of fascinating issues at the intersec­tion of intellectual property law and digital technology. For instance, the unautho­rized trademark use in Metaverse, but what, in our view, is the most important chal­lenge is: Can you have a trademark right on an NFT? Trademark owners should be aware of the opportunities and challenges to their brand in virtual worlds. The possibilities for a Metaverse are currently limitless and the investments being made in new Metaverse-related technologies and platforms have grown enormously. Investors and companies are spending purchasing dig­ital land in popular Metaverses to create virtual business spaces where con­sumers are sold goods, services, or entertainment.
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Trinkūnienė, Eva, and Vaidotas Trinkūnas. "MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

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In business, disputes often arise over contractual relationships when contractual obligations are not properly fulfilled. The potential risk of disputes must always be assessed. Timing and adherence to agreed deadlines are very important in business, as any delay can cause significant damage, and the legal entity can suffer significant losses. In a dispute between business partners, people tend to go to the court and fight there to the fullest rather than reach an amicable settlement, but there is always a winning and losing party in a litigation. From a long-term perspective, it will be impossible for the disputing parties to work together in the future, and the losing party will always feel great resentment towards the winner. Therefore, litigation is not always an attractive option and in this case mediation is a great way to resolve business disputes due to its expediency. Mediation is a dynamic, structured, interactive process which is focused on the needs, rights, and interests of the parties. It also helps to find the optimal solution and encourages open communication. This article presents the possibilities and perspectives of the application of mediation in Lithuania by reviewing global practice.
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Trinkūnienė, Eva, and Vaidotas Trinkūnas. "MEDIATION AS AN ALTERNATIVE MEANS TO THE BUSINESS DISPUTE RESOLUTION." In 12th International Scientific Conference „Business and Management 2022“. Vilnius Gediminas Technical University, 2022. http://dx.doi.org/10.3846/bm.2022.840.

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

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Hartman, Alexandra, Robert Blair, and Christopher Blattman. Engineering Informal Institutions: Long-run Impacts of Alternative Dispute Resolution on Violence and Property Rights in Liberia. Cambridge, MA: National Bureau of Economic Research, April 2018. http://dx.doi.org/10.3386/w24482.

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Li, Richard. LegalOne Stellar Accolade 2023 - China. LegalOne Global Limited, December 2023. http://dx.doi.org/10.62436/a-1702224947429.

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The LegalOne Stellar Accolade is an honour roll serving as an illustrious recognition of the practical prowess and expertise of legal professionals. The evaluation process is rooted in the thorough assessment of commercial projects submitted by the legal professionals. LegalOne’s editorial team reviews each submission, encompassing a broad spectrum of commercial transactions, dispute cases, and intellectual property matters. The declaration of the LegalOne Stellar Accolade winners is based on a composite of factors, include the quality and level of LegalOne Merits ratings awarded to the applicants, supplemented by client feedback and other indicators of professional capability.
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Reyes Díaz, Carlos Humberto. Working Paper PUEAA No. 8. CPTPP. Legal Trends. Universidad Nacional Autónoma de México, Programa Universitario de Estudios sobre Asia y África, 2022. http://dx.doi.org/10.22201/pueaa.006r.2022.

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Free trade areas (and customs unions) were established in a multilateral level since in Article XXIV of the GATT, and that is the legal minimum from which preferential trade agreements are now built. Some say CPTPP is part of a new generation of Free Trade Agreements because it goes deeper in the integration process. The CPTPP Agreement is a 584-page treaty, a very extensive legal instrument with 30 chapters, so when we talk about legal trends it refers to all 30 chapters at first. But it’s not the idea to explain every chapter in this text, not even just the dispute mechanisms, but the legal highlights that make the CPTPP an example of the new structure in international trade law. The CPTPP’s new chapters constitute the actual trade agenda and establish a minimum level of protection on topics not specially linked to trade, but which are now essential to talk about a new configuration of trade agreements, such as investments, intellectual property, e-commerce, among others
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Saavedra, Eduardo, Raimundo Soto, and C. Federico Basañes. Post-Privatization Renegotiation and Disputes in Chile. Inter-American Development Bank, September 1999. http://dx.doi.org/10.18235/0008855.

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Over the last decade, Chile has undertaken remarkable reforms and transferred publicly owned utilities to the private sector either by selling the assets or through concession agreements. Because of the reforms the country has been able to attract private participation in the provision of public services like energy, transportation, telecommunications, potable water and sewage. In this paper, the authors analyze a series of post-privatization disputes and renegotiations that have taken place in Chile since the late 1980s in the electricity sector. This sector was chosen because the privatization process was, to a large extent, completed a decade ago, providing enough time to properly evaluate negotiations and disputes. The paper also assesses how lessons learned in the reform of electricity were internalized in the design of the regulatory framework for other concessions.
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Li, Richard. LegalOne Stellar Accolade 2024 - Southeast Asia. LegalOne Global Limited, May 2024. http://dx.doi.org/10.62436/a-1712738184242.

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The LegalOne Stellar Accolade is an honour roll dedicated to recognising the practical prowess and expertise of legal professionals. The evaluation process is rooted in rigorous assessment of commercial deals or cases submitted by legal experts. The editorial team at LegalOne reviews each submission, covering a broad spectrum of commercial transactions, disputes, and intellectual property matters. We award our esteemed LegalOne Merits ratings to the most outstanding transactions, based on criteria such as inherent challenges, complexity, innovation, and the social and economic implications of the projects.
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Mitra, Sudeshna, Amlanjyoti Goswami, Deepika Jha, Sahil Sasidharan, Kaye Lushington, and Tsomo Wangchuk. Land Records Modernisation in India: Himachal Pradesh. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195648504.

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This work provides an institutional, legal and policy review of crucial aspects of land records modernisation systems in Himachal Pradesh. A state characterised by hilly terrain, high forest cover and low urbanisation, Himachal Pradesh provides useful lessons to understand the robustness and diversity of land record administration systems. The property regimes that have historically developed in the state include customary rights, common property resources, jointly held rights, and multiple other use and possession arrangements. There is a restriction on who can transact properties in the state, aimed at preventing alienation of land. Settlement operations are conducted every 40 years, and often take a long time to complete, but have led to relatively more up-to-date records than some other states. There are also concerns regarding the accuracy of spatial records, and data mismatches between textual and spatial components of the existing record versus the new technology led survey data if often is a cause of disputes.
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Delbridge, Victoria, Astrid Haas, Oliver Harman, Dyson Jangia, and Anthony Venables. Enhancing the financial position of cities: Evidence from Mzuzu. UNHabitat, March 2022. http://dx.doi.org/10.35489/bsg-igc-wp_2022/5.

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The case of Mzuzu illustrates how secondary cities, where revenues are often incredibly low and capacity is minimal, can innovate and lead the way on municipal finance reform. Mzuzu is Malawi’s third largest city. The focus of this case study is a simple and fit-for capacity property valuation system that increased realised revenues seven-fold between 2013 and 2018:1 The Revenue Mobilisation Programme (REMOP). Although the programme was initially seen to be a success, several serious misgivings continue to inhibit further progress. These centre on legal barriers in the current property valuation process in Malawi. More broadly, issues such as revenue pilferage, lack of capacity for financial anagement, land ownership disputes between spheres of government, and national rural bias continue to prevent Mzuzu from achieving a sustainable financial position. For development partners, the example of Mzuzu provides a stark reminder of the vital importance of widespread stakeholder engagement and caution for legal obstacles in order to achieve sustainable project success. It also illustrates the potential of using smaller cities, with more flexibility and somewhat strong incentives for reform, as a useful starting point to trial new revenue enhancement innovations. The Development Fund for Local Authorities (DFLA), a special entity set up for small and low-cost loans to local governments in Malawi, also presents an interesting model for further exploration. By helping local authorities through the process of lending, they are building local government creditworthiness and enabling them to develop systems for future debt finance. Malawi’s cities, being some of the poorest in the world and in a country with relatively low level of urbanisation, are still at the beginning of the development curve. This early stage brings numerous challenges that are yet to be faced as well as an enormous opportunity to learn from the mistakes and successes of other cities in similar contexts. The cities are still at the critical juncture where they can invest in the urban infrastructure essential for livability and productivity before mass settlement takes place.
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Land Disputes and Stalled Investments in India. Rights and Resources Initiative, November 2016. http://dx.doi.org/10.53892/nhew6671.

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India’s ambitious development agenda involves facilitating investment for economic growth, infrastructure development, and social progress. Yet, thousands of investment projects have been stalled to date, raising red flags for the health of the country’s financial regulatory systems, public sector banks, and investment community. While official reasons given for stalled projects remain opaque, deep contestation leading to conflict on public (and private) lands must be better understood as a substantive risk to investments. An improved understanding of the actual causes of stalled projects will not only help investors, financial institutions and regulators make better decisions, but also inform public policies regarding communities’ property rights and provide a path to more inclusive development. This new analysis—initiated by the Rights and Resources Initiative and the Bharti Institute of Public Policy, Indian School of Business—seeks to provide evidence-based insight into this complex subject. It aims to inform policy discussions and interventions that can mitigate the current situation. The study is part of a larger geo-spatial analytical platform being developed by the Bharti Institute of Public Policy. This brief is based on the interim findings of the ongoing study, which are significant enough to be shared widely and considered in proposed policy interventions. The main source of data on stalled projects in India is the CapEx database from the Center for Monitoring Indian Economy (CMIE).
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