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Johnson, Branden B. "“Counting votes” in public responses to scientific disputes". Public Understanding of Science 27, n.º 5 (1 de maio de 2017): 594–610. http://dx.doi.org/10.1177/0963662517706451.
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Publicized disputes between groups of scientists may force lay choices about groups’ credibility. One possible, little studied, credibility cue is vote-counting (proportions of scientists on either side): for example, “97%” of climate scientists believe in anthropogenic climate change. An online sample of 2600 Americans read a mock article about a scientific dispute, in a 13 (proportions: 100%–0%, 99%–1%, … 50%–50%, … 1%–99%, 0%–100% for Positions A and B, respectively) × 8 (scenarios: for example, dietary salt, dark matter) between-person experiment. Respondents reported reactions to the dispute, attitudes toward the topic, and views on science. Proportional information indirectly affected judged agreement but less so topic or science responses, controlling for scenarios and moderators, whether by actual proportions or differing contrasts of “consensus” versus “near-consensus.” Given little empirical research with conflicting findings, even these low effect sizes warrant further research on how vote-counting might help laypeople deal with scientific disputes.
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Freitas, Fábio, Olival Freire Jr. e Iolanda Faria. "Power Relations in Science: The Bohr and Wheeler-Everett Dialogue on the Foundations of Quantum Mechanics". Transversal: International Journal for the Historiography of Science, n.º 8 (30 de junho de 2020): 26. http://dx.doi.org/10.24117/2526-2270.2020.i8.04.
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Pierre Bourdieu challenged the notions of science when he presented it as a field of peers competing for the monopoly of scientific authority. As scientific capital equals power, science disputes become disputes for power. Yet, simultaneously, those disputes occur within the internal logic and language of the scientific field. In this article, we present those ideas and examine a case study within the history of quantum mechanics, a dispute inside the ongoing controversy about the foundations of quantum mechanics. We present the Wheeler-Everett and Bohr dialogue in terms of Bourdieu’s sociology of science and discuss the insights that such ideas can bring into the history of science.
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Akhunov, Sherzod. "International investment disputes in the conditions of a pandemic". Общество и инновации 2, n.º 1/S (10 de fevereiro de 2021): 23–29. http://dx.doi.org/10.47689/2181-1415-vol2-iss1/s-pp23-29.
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This article discusses theoretical and practical issues of investment disputes, as well as the role and role of arbitrators in dispute resolution. The legal significance of online arbitration in the context of a modern pandemic in resolving disputes, the scientific views of representatives of this field and some aspects of practice have been studied. Also, a scientific and practical analysis of the issue of enforcement by states and individuals of arbitration decisions on the settlement of international investment disputes, as well as international legal aspects was carried out.
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Polenchuk, Mariia Dmitrievna. "Tax Treaty Dispute Resolution Procedures". Налоги и налогообложение, n.º 2 (fevereiro de 2023): 52–69. http://dx.doi.org/10.7256/2454-065x.2023.2.38324.
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The subject of the work is a comparative analysis of the OECD approach and the EU approach to the resolution of international tax disputes. The research is conducted on the basis of the provisions of the OECD Model Tax Convention, the OECD Multilateral Tax Convention, the EU Arbitration Convention and the EU Directive. The purpose of the work is to find the most effective mechanism for resolving international tax disputes in terms of ensuring the protection of taxpayers' rights in the dispute resolution procedure. The methodological basis of the work was made up of general scientific (analysis, classification, synthesis, deduction, induction, analogy), private scientific (system method) and special legal (formal legal and comparative legal) methods of scientific research. The scientific novelty of the work suggests the proposal and justification as a way to increase the effectiveness of the resolution of international tax disputes, the use of mediation in a mutually agreeable procedure with the provision of the taxpayer with the possibility of direct participation in the dispute resolution procedure. Based on the results of the study, the author came to the following conclusions. The practice of applying the mutual agreement procedure and arbitration shows that this dispute resolution mechanism has a number of significant drawbacks. In order to improve the efficiency of dispute resolution, the OECD and the EU are striving to develop mandatory arbitration and do not consider non-binding mechanisms, since they do not guarantee an agreement on the dispute. However, mandatory arbitration cannot be considered a universal instrument, since States see it as a threat to sovereignty. The experience of States that actively use mediation to resolve domestic tax disputes shows that mediation can also become an effective mechanism for resolving disputes at the international level, since it allows the parties to consider various aspects of the dispute from different sides. According to the author's position, the shortcomings of mediation outlined in the doctrine can be mitigated by granting the affected taxpayer the right to participate directly in mediation, presenting his position on the case.
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Mazaraki, Nataliia Anatoliivna. "EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS". SCIENTIFIC BULLETIN OF POLISSIA 1, n.º 2(14) (1 de março de 2018): 180–87. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-180-187.
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Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis. The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters defining. At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials. The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions. The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.
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Singer, Howard L. "Institut Pasteur v. United States: The, AIDS Patent Dispute, the Contract Disputes Act and the International Exchange of Scientific Data". American Journal of Law & Medicine 15, n.º 4 (1989): 439–59. http://dx.doi.org/10.1017/s0098858800007012.
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In the case of Institut Pasteur v. United States, the Institut Pasteur (Pasteur) claimed that the National Cancer Institute (NCI) had breached express and implied contracts to share research on AIDS virus samples provided to NCI by Pasteur. NCI scientists allegedly used the samples to acquire information which allowed NCI to file patent applications for an AIDS blood test kit.The United States Claims Court dismissed the complaint by holding that the Institut Pasteur had not complied with certain administrative procedures required by the Contract Disputes Act before bringing its suit. The United States Court of Appeals for the Federal Circuit reversed the decision of the Claims Court by holding that the disputed contracts did not fit within the scope of the Contract Disputes Act.Soon after the Court of Appeals decision, President Reagan and Prime, Minister Chirac announced a settlement agreement whereby the lawsuit was to be dropped, American and French scientists were to share credit for having discovered the AIDS virus, and both parties to the suit were to share the patent rights for the AIDS blood test kit. This settlement suggests that international legal disputes involving urgent scientific and medical matters may require dispute resolution techniques that serve as alternatives to national courts.
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Nelkin, Dorothy. "Scientific journals and public disputes". Lancet 352 (outubro de 1998): S25—S28. http://dx.doi.org/10.1016/s0140-6736(98)90297-5.
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Kravtsov, D., I. Zinovatna, Y. Burniagina, N. Orlova, O. Soloviov e O. Konopeltseva. "MEDIATION AS AN ALTERNATIVE WAY TO SOLVE THE LABOR DISPUTES". Scientific Notes Series Law 1, n.º 12 (outubro de 2022): 73–79. http://dx.doi.org/10.36550/2522-9230-2022-12-73-79.
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The article is devoted to the study of mediation as an alternative way of resolving labor disputes. The authors conducted a comparative analysis of the definitions of mediation contained in the Law of Ukraine «On Mediation» and in the relevant laws of Austria, Bulgaria, Spain, Kazakhstan, Lithuania, Malta, Moldova, Germany, Poland and concluded that the legal definition of mediation in Ukraine as a whole takes into account the experience of other countries. The scientific analysis of the term «mediation» allowed the authors to propose their own definition of mediation as an alternative way to resolve labor disputes, according to which mediation - voluntary, alternative way to resolve labor disputes, by negotiating with the involvement a third party (mediator) to achieve a mutually acceptable solution to the dispute. It is argued that the peculiarity of mediation is that, in contrast to the judicial settlement of a dispute, mediation involves the acceptability of the result obtained for all parties to the conflict. The scientific work draws attention to the advantages of mediation over other ways of resolving labor disputes. The features of mediation as an alternative way of resolving labor disputes were also highlighted.
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Slyvinska, A. V. "CONCEPT, FEATURES AND TYPES OF CORPORATE DISPUTES". Economics and Law, n.º 2 (9 de setembro de 2021): 40–52. http://dx.doi.org/10.15407/econlaw.2021.02.040.
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The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, shareholder, member), including a participant who left, related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of the legal entity. It is proposed to consolidate this definition of corporate dispute in paragraph 3 of part 1 of Art. 20 of the Economic Procedural Code of Ukraine. The key features of the corporate disputes are determined and characterized: content; special subject composition; grounds and circumstance in proof; plurality and exclusive nature of remedies in such disputes. It is established that the content of corporate dispute is corporate relations, which the legislation currently defines only through corporate rights. The necessity of complex understanding of corporate relations is substantiated and it is proposed to consider them in part 3 of Art. 167 of the Economic Code of Ukraine as relations related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of a legal entity. Based on the analysis of the features of corporate disputes, research of scientific approaches and relevant case law, the classification of such disputes is carried out. In particular, corporate disputes are proposed to be classified according to subjective, substantive criteria, as well as on the grounds of their occurrence. It is established a list of disputes that belong to corporate and distinguished them from related disputes. In order to resolve the problem of jurisdiction of disputes arising from corporate relations, it is proposed to enshrine in part 1 of Art. 20 of the Economic Procedural Code of Ukraine list of corporate disputes.
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Palanissamy, Ayyappan, e Kesava Moorthy. "Consumer Dispute Resolution in Cyberspace - Trends and Developments". International Conference on Advances in Business, Management and Law (ICABML) 2, n.º 1 (2 de março de 2019): 120–27. http://dx.doi.org/10.30585/icabml-cp.v2i1.253.
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Developments and advancements in the ICT environment has led to high increase in electronic commerce. Cyber contractual disputes also emerge rapidly and this challenge the traditional consumer protection systems in terms of redressal and remedies. To protect consumers rights and interests, ADR mechanisms can be used which can overcome the difficulties confronted in the traditional litigation process. Dispute resolution in internet contracts can take place online either entirely or partly. There are various mechanisms available to resolve disputes which can protect disputants’ interests and rights absolutely. As the cyber environment usage continues to expand, it is utmost important to design effective mechanisms for resolving online commercial disputes because traditional adjudicatory process can be time consuming, expensive and may raise jurisdictional problems. Though the current trends and practice in the field of online dispute resolution exists, it appears that there are various aspects relating to which are yet to be clarified. This article aims to present a national and international scientific literature review on the models of Dispute Resolution mechanisms, discusses the use of Alternative dispute resolution systems (including ODR), types of procedure and mechanisms adapted for dealing with commercial disputes in India. It also looks into the international frameworks available with redressal systems and its effectiveness in dealing with cross border disputes.
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Robinson, David Lee, Kerri Burton-Danner e Kristin Kiser. "Dealing with Scientific Disputes Involving Authorship". Professional Ethics, A Multidisciplinary Journal 7, n.º 1 (1999): 45–58. http://dx.doi.org/10.5840/profethics1999714.
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Agegnehu, Sayeh Kassaw, Tilahun Dires, Worku Nega e Reinfried Mansberger. "Land Tenure Disputes and Resolution Mechanisms: Evidence from Peri-Urban and Nearby Rural Kebeles of Debre Markos Town, Ethiopia". Land 10, n.º 10 (11 de outubro de 2021): 1071. http://dx.doi.org/10.3390/land10101071.
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In Ethiopia, like in other developing countries, land disputes are critical problems both in peri-urban and rural areas. Handling such disputes requires scientific and evidence-based interventions. This study analyzes the nature, types, and causes of land tenure disputes and the resolution mechanisms thereof in peri-urban and nearby rural kebeles of Debre Markos town. Interviews for the investigation were conducted with sample landholders and concerned legal experts in Debre Markos town’s peri-urban area and Gozamin Wereda of Amhara National Regional State in Ethiopia. Compared to rural areas, the incidence of land tenure disputes is high in peri-urban areas. The land tenure disputes identified in the study areas are boundary trespassing disputes, landholding disputes, land rental disagreements, divorce-related land disputes, bequeath disputes, parcel exchange disputes, and land use-related disputes. The land tenure disputes are resolved mainly by formal means such as court litigations and administrative decisions, or by informal means known as alternative dispute resolution mechanisms (ADRMs). In both study areas, negotiation, mediation/conciliation, and arbitration are the most frequently employed ADRMs. In particular, mediation plays a significant role in resolving symmetrical land tenure disputes both in peri-urban and rural areas.
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Abdul Hamid, Nor’Adha, Roslinda Ramli, Siti Noor Ahmad, Mohamad Hafifi Hassim, Norazla Ab Wahab e Tuan Nurhafiza Raja Abdul Aziz. "JUDGMENT WITH CONSENT: ANALYSIS OF SULH INNOVATION". International Journal of Law, Government and Communication 4, n.º 17 (29 de dezembro de 2019): 102–11. http://dx.doi.org/10.35631/ijlgc.4170010.
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Disputes are a phase in human life. The dispute is a clash or disagreement of opinion, value, interest or emotion. Civilized communities require guidelines in dealing with any dispute to ensure that life carries on within its range of harmony. Conflicts and disputes are sometimes complex issues that require a settlement mechanism that reflects the taxonomy of the dispute itself, thereby justifying the establishment of a set of legislation and procedures that conform to certain forms and types of disputes. When solving a dispute, Islam promotes a method based on the principle of ‘al-Sulh’ which simply means peace. Islam truly encourages the practice of such as it highlights efforts of peace-making through acceptance and with the consent of both parties in dispute. Prophet Muhammad very much encouraged his followers to seek peace and avoiding from having disputes with one another. This research uses the qualitative method and the partially-structured interview approach, document analysis, literary research and scientific journals. This research will highlight such and its related provisions and is hoped to provide suggestions to disputing parties and authorities so that they can resolve their disputes faster at a cheaper price and proved to satisfy everyone who is involved by having judgment with consent. The increasing number of registered cases in the Syariah Court indicates the necessity of new method in resolving the dispute by the integration of such concept and Online Dispute Resolution (ODR) to resolve the issue faster and benefits to all the parties.
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Yarema, O. G. "Alternative forms of resolution of administrative and legal disputes". Analytical and Comparative Jurisprudence, n.º 1 (20 de março de 2024): 467–71. http://dx.doi.org/10.24144/2788-6018.2024.01.83.
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Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using special scientific methods. In accordance with a generally systematic approach, comparative-legal, formal-legal methods were used. It is noted that the technology of alternative resolution of a legal dispute can be found out as a specially created and empirically based system of methods and rules of purposeful step-by-step activity in this direction and the very set of alternative forms of dispute resolution with a certain sequence of application. The resolution of administrative and legal disputes by state institutions of non-judicial protection is carried out by state bodies, local self-government bodies and officials whose activities are regulated by national legislation and departmental regulations. Administrative-legal disputes are classified according to the criteria of the bodies that resolve the dispute: those that are resolved in court, administratively, and conciliation procedures. The alternative way of resolving an administrative-legal dispute is proposed to be understood as a procedure for resolving administrative-legal disputes regulated by the norms of administrative and administrative- procedural law, which is not related to the exercise of public-authority powers by entities that are not parties to the dispute. The parties to the dispute may have public-authority powers, and the implementation of alternative resolution of administrative-legal disputes may be an element of administrative competence. Further research will be aimed at determining the possibilities of using digital technologies as an alternative form of administrative dispute resolution.
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Kirilenko, V. P., e G. V. Alekseev. "Classification of Maritime Disputes and Modern Legal Means of their Resolution". EURASIAN INTEGRATION: economics, law, politics 15, n.º 4 (4 de janeiro de 2022): 67–81. http://dx.doi.org/10.22394/2073-2929-2021-04-67-81.
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A review of scientific articles published over the past 15 years in leading foreign scientific journals on international law demonstrates the gradual improvement of legal means for the settlement of maritime disputes between the states.Aim. Identification of the features for application of the law of the sea norms targeted on the resolution of maritime disputes that develop in the modern international system.Tasks. Development of the classification of maritime disputes, analysis of the jurisdiction of the judicial authorities competent to resolve maritime disputes, characterization of the provisions of international agreements and customs of the law of the sea in the resolution of maritime disputes by the International Court of Justice of the United Nations (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and the Permanent Court of Arbitration in The Hague (PCA).Methods. Discourse analysis of the most authoritative publications on the issue of resolving maritime disputes, a formal legal analysis of the norms and customs of maritime law, as well as a comparative legal study of judicial and arbitration practice in resolving interstate maritime disputes. Law enforcement practice on maritime disputes allows to characterize the subject of modern interstate maritime disputes; critically assess the fairness of decisions of international courts; to analyze the problems of enforceability of judicial and arbitral awards in the framework of the procedures for the settlement of maritime disputes provided for in the 1982 UN Convention on the Law of the Sea.Results. Reasonable decisions of the International Court of Justice, the International Tribunal for the Law of the Sea and the Permanent Court of Arbitration in The Hague are usually implemented by the states parties to the 1982 UN Convention on the Law of the Sea. Protection of the marine environment as well as prompt release of ships and crews from arrest have become a modern legal reality due to the effectiveness of the legal mechanism for resolving interstate maritime disputes. Territorial maritime disputes cause significant difficulties at all stages of their resolution, which is due to their political nature and the efforts of states to protect their national interests.Conclusion. The resolution of maritime territorial disputes requires more flexibility from the parties, an international agreement between the parties to the dispute on the procedure for its consideration, as well as the use of conciliation procedures to work out a compromise solution to the dispute.
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Iswara, Vizta Dana. "ANALISIS PENTINGNYA IMPLEMENTASI PENYELESAIAN SENGKETA ONLINE DI INDONESIA". Legalitas: Jurnal Hukum 13, n.º 1 (3 de julho de 2021): 15. http://dx.doi.org/10.33087/legalitas.v13i1.245.
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Online Dispute Resolution (ODR) is a legal innovation that utilizes technological advances in alternative dispute resolution methods in which through the ODR, the disputing parties do not need to meet directly to resolve their disputes. The method used by the writer in this scientific journal is the normative research method. The researcher uses secondary data in the form of document studies, journals, literature and research journals and other sources that can be used as the material in this scientific article. ODR is expected to facilitate the dispute resolution process arising from cross-border trade transactions, where conventional judicial mechanisms may not offer adequate solutions or legal assistance to resolve cross-border e-Commerce disputes. Currently, there are 4 types of dispute resolution systems using ODR: e-Settlement, e-Arbitration, e-Resolution and e-Mediation. However, several things must be considered if Indonesia wants to implement this ODR method, namely Indonesia needs to pay attention to and consider technological barriers, access and affordability, and obstacles to system security and confidentiality of personal data.
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Gemilang, Aldean Tegar. "DAMPAK SENGKETA PULAU DOKDO/TAKESHIMA KOREA SELATAN - JEPANG TERHADAP PERKEMBANGAN HALLYU DI JEPANG". Global Political Studies Journal 3, n.º 1 (30 de abril de 2019): 32–51. http://dx.doi.org/10.34010/gpsjournal.v3i1.2003.
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This study aims to determine how the impact of the disputed Dokdo Island / Takeshima between South Korea and Japan on the development of Hallyu in Japan Year 2012-2015. The purpose of this study was to determine the impact of the disputed Dokdo / Takeshima between South Korea and Japan on the development of Hallyu in Japan after re-simmering dispute over Dokdo Island / Takeshima by the visit of South Korean President Lee Myung Bak in 2012. Methods The study was qualitative. Most of the data were collected through interviews, literature study, observation, documentation, and online data searches. The study was conducted at the Korean Cultural Center, The Japan Foundation, Library and Documentation Centre of Scientific Information LIPI, and the Embassy of Japan to Indonesia. The results showed that the development of Hallyu in Japan after re-simmering dispute over Dokdo Island / Takeshima between South Korea and Japan in 2012 experiencing barriers. Problems island disputes between countries worsen bilateral relations, in the case of disputed Dokdo / Takeshima also have a negative impact on the cultural development of Hallyu in Japan.
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Vaolevska, Lesia, Ivan Myshchak, Nataliia Iakymchuk, Anna Kondratova e Yevheniia Duliba. "Legal grounds for implementing the institution of recourse to the mediation procedure and the use of other alternative methods of resolving tax and customs disputes". Cuestiones Políticas 41, n.º 79 (20 de outubro de 2023): 36–48. http://dx.doi.org/10.46398/cuestpol.4179.02.
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In the research it is emphasized that, in some states of the European Union EU, tax mediation is already used and considered not only as an alternative method of dispute resolution, but also as a method used to prevent the occurrence of a tax dispute in the future. Thus, on the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., the article examined modern approaches to the characterization of mediation as a procedure for peaceful settlement of disputes, paying attention to its characteristic features and differences from other forms of alternative dispute resolution. The state of legal regulation of the mediation procedure in public disputes in general, and in tax disputes in particular, using the example of Latvia and Ukraine, is highlighted. It is concluded that the necessary condition for carrying out mediation in public disputes should be enshrined in the administrative procedural legislation, not only the powers of state and municipal authorities to initiate mediation should be, in addition, to recognize such a decision in the form of an administrative contract, from which legal consequences with the character of public law are derived.
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Vačoková, Lenka. "Alternative dispute resolution (ADR) for consumer disputes in the Slovak republic". Studia Commercialia Bratislavensia 13, n.º 45 (1 de setembro de 2020): 264–75. http://dx.doi.org/10.2478/stcb-2020-0011.
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Abstract This paper aims to analyse alternative dispute resolution (ADR) for consumer disputes in the Slovak Republic according to Act No. 391/2015 Coll. on consumer alternative dispute resolution as amended. Through this act Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) has been transposed into Slovak law. Author of the paper used scientific methods of analysis, comparison, deduction, induction and synthesis. She tried to evaluate the application of consumer ADR by Slovak ADR entities, development of ADR between 2016 and 2019, current situation, and to provide conclusions and suggest changes for future.
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Spyrydonova, Kateryna. "NON-ARBITRABILITY OF DISPUTES: PROBLEMS OF DEFINITION". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n.º 122 (2022): 84–88. http://dx.doi.org/10.17721/1728-2195/2022/3.122-14.
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The purpose of the article is to study the non-arbitrability doctrine, to analyze the existing scientific definitions of the concept of "arbitrability" and "non-arbitrability", and to study the main approaches of different countries' legislators regarding the limitation of arbitrability (positive and negative approaches). As a result of the research, it was concluded that there is no conventional or legal definition of the concept of "non-arbitrability" as well as there is no single scientific definition of the term. The UN Convention "On the Recognition and Enforcement of Foreign Arbitral Awards" and the UNCITRAL Model Law on International Commercial Arbitration were analyzed with the purpose of settling the issue of non-arbitrability of disputes. The problem of the relationship between the non-arbitrability of the subject of the dispute was researched and the contradiction of the rendered decision with public order as grounds for annulment of the arbitration decision and refusal to enforce was reviewed. The author's position on the specified issue is presented. The problems of choosing the legislation according to which the non-arbitrability of the dispute should be established were considered. The main positions of scientists on this issue are analyzed and the most popular approaches to determining the legislation to apply when establishing the arbitrability of a dispute are highlighted. According to the comparative method, a review of the implementation of non-arbitrability concept of disputes in a number of foreign countries, in particular, in Sweden, France, China, Germany, Switzerland, etc was made. It was concluded that currently there exists the tendency to narrow the list of non-arbitrable disputes and it continues at both levels: the legislation of many countries and judicial practice. The categories of disputes that are recognized as non-arbitrable in the majority of foreign countries are defined.
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Pesti, Jaan. "Scientific Disputes and How OPRD Handles Them". Organic Process Research & Development 13, n.º 1 (16 de janeiro de 2009): 22. http://dx.doi.org/10.1021/op800283g.
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Johnson, Branden B., e Nathan F. Dieckmann. "Lay Americans’ views of why scientists disagree with each other". Public Understanding of Science 27, n.º 7 (27 de outubro de 2017): 824–35. http://dx.doi.org/10.1177/0963662517738408.
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A survey experiment assessed response to five explanations of scientific disputes: problem complexity, self-interest, values, competence, and process choices (e.g. theories and methods). A US lay sample ( n = 453) did not distinguish interests from values, nor competence from process, as explanations of disputes. Process/competence was rated most likely and interests/values least; all, on average, were deemed likely to explain scientific disputes. Latent class analysis revealed distinct subgroups varying in their explanation preferences, with a more complex latent class structure for participants who had heard of scientific disputes in the past. Scientific positivism and judgments of science’s credibility were the strongest predictors of latent class membership, controlling for scientific reasoning, political ideology, confidence in choice, scenario, education, gender, age, and ethnicity. The lack of distinction observed overall between different explanations, as well as within classes, raises challenges for further research on explanations of scientific disputes people find credible and why.
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Vladyslav, Teremetskyi, Tokarieva Kseniia, Romas Mariia, Bondarenko-Zelinska Nadiia, Panchenko Sergіі, Maikut Khrystyna e Batryn Olesia. "Mediation in Patent Disputes Arising in The Healthcare Sector". Revista de Gestão Social e Ambiental 18, n.º 5 (13 de março de 2024): e05406. http://dx.doi.org/10.24857/rgsa.v18n5-015.
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Purpose: The study is devoted to the analysis of mediation in patent disputes arising in the field of healthcare.
Methods: The research used general and special methods: dialectical method, methods of analysis and synthesis, formal-logical, system-structural method, and comparative-legal method.
Results and discussion: The results showed that innovative advances in medicine provide a new range of opportunities, but at the same time generate new legal challenges that require effective regulatory mechanisms. The main advantages of using mediation in patent disputes by medical companies remain the minimization of reputational risks and the confidentiality of information that becomes known to the mediator during the settlement of the conflict or dispute.
Implications of the research: The principles of confidentiality of medical information (including scientific and technical, commercial secrets, etc.), the principle of mandatory involvement of experts from the relevant field, the principle of medical ethics and high professional standards, the principle of matching the experience of the mediator to the level of complexity and the subject of the dispute will ensure the most effective resolution of patent disputes in the field of health care through mediation while maintaining the important elements of confidentiality of medical data, medical expertise, and professional ethical norms.
Originality/value: The use of mediation in such disputes is relevant within the framework of high competition, the pace of scientific achievements and the steady growth of the volume of medical innovations, therefore it requires new approaches and policies of introduction into legal systems.
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Tykhanskyi, Oleksandr B., Oksana Z. Khotynska-Nor, Nataliia V. Vasylyna e Maria V. Bondarieva. "Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study". International Journal of Criminology and Sociology 10 (31 de dezembro de 2020): 400–411. http://dx.doi.org/10.6000/1929-4409.2021.10.48.
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The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.
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Тoktakunkyzy, G., e Z. Matisakova. "Once Again on the Concept of Evidence in Civil Procedure Law". Bulletin of Science and Practice 10, n.º 7 (15 de julho de 2024): 469–73. http://dx.doi.org/10.33619/2414-2948/104/54.
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The article discusses the process of proof and its stages, classification of evidence. The role of forensic evidence in resolving disputes in the process is becoming increasingly important. Problems of collecting and interpreting evidence associated with the evidentiary process are of particular importance in legal disputes, since they are means of proof that determine the outcome of the judicial consideration of the dispute. The purpose of the evidence is to establish factual circumstances relevant to the resolution of the civil case. When studying scientific work, the goal is to analyze the place of judicial evidence in civil proceedings and the problems in it using the example of domestic and foreign scientific literature. The methodological basis of the study is relativity, consistency, and formal legal methods. The results obtained in the scientific work are recommended for use in judicial practice, in the science of civil procedural law, in the science of the law of evidence.
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Tan, Shukui, Shangjun Zou, Yi Zhao, Qingsong He e Maomao Zhang. "Research on the Manifestation and Formation Mechanism of New Characteristics of Land Disputes: Evidence from the Yangtze River Economic Belt, China". Land 13, n.º 7 (6 de julho de 2024): 1002. http://dx.doi.org/10.3390/land13071002.
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Land disputes have significantly disrupted legal order, production, and social harmony, and has been regarded as a quintessential challenge in public governance, attracting worldwide attentions from scholars. As an emblematic feature of China’s latest reform and opening-up strategy, the Yangtze River Economic Belt (YREB) in China has experienced rapid development after entering the new era (2012–2021) alongside substantial risks and challenges, particularly regarding land disputes. Better understanding of the manifestation and formation mechanism of new characteristics of land disputes is beneficial for contemporary public governance and for achieving a high-quality development of the YREB, whose Gross Domestic Product (GDP) accounted for 46.3% of the national GDP in 2023. A total of 325,105 land dispute cases in 11 provinces or municipalities of the YREB from 2012 to 2021 were collected and analyzed. On this basis, an evaluation index system of the new characteristics of land disputes, named the overall land dispute (OLD) index, was constructed according to measurement theory by coupling the interactions of quantity, claim amounts, duration periods, and the appeal rate of land dispute. Then, the OLD index was evaluated by descriptive statistical methods, a geographic information system (GIS) spatial analysis, a center of gravity model, kernel density estimation, and Theil index methods, to reveal the new characteristics and formation mechanisms of land disputes in the YREB from 2012 to 2021. The results indicated that: (1) The OLD index exhibited a trend of an initial increase followed by a decline, indicating that land disputes in the YREB showed signs of alleviation. (2) The government’s capacity for resolving land disputes was significantly improved, as evidenced by the decline in the OLD index from 0.59 in 2018 to 0.51 in 2021. This improvement could be attributed to the effectiveness of enhanced governmental working mechanisms, regulatory standards, and the integration of digital technologies. (3) The analysis of the center of gravity model indicated that the focus of land disputes shifted westward, propelled by national policy support for upstream regions of the YREB and the need for land ecological protection. (4) The analysis of kernel density estimation indicated that regional disparities in land disputes within the YREB had declined, driven by a positive trend toward balanced regional development and rural governance. This study provides scientific insights into the new characteristics of land disputes in the YREB and guidance for policy decision making on effective land dispute management.
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Мачучина, Олеся, e Olesya Machuchina. "Conciliation chambers as a «semi-judicial institution» in the twenties of the XX century." Advances in Law Studies 4, n.º 3 (27 de outubro de 2016): 0. http://dx.doi.org/10.12737/16623.
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in this scientific article discusses the reasons for the creation of conciliation chambers in the beginning and at the end of 20-ies of XX century, as the basis of consideration of collective labour disputes, and later as institutions aimed at resolving minor disputes; have the regulatory framework; principles, goals and functions of the conciliation chambers; list of categories of disputes and stages of their consideration in the conciliation chambers; and the creation of conciliation chambers and the eligibility requirements for their members; in addition considers an agreement of conciliation chambers, as well as the act on termination of the dispute or the issuance of an in absentia decision; the advantages and disadvantages of conciliation chambers by village Councils as a «semi-judicial institutions», body «withering away of the court».
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Malkin, Oleg Yu, e Larisa A. Smolina. "Settlement Agreement in Cases of Determining the Place of Residence of a Child: Advantages and Problems of Application". Rossijskoe pravosudie, n.º 8 (19 de julho de 2023): 64–73. http://dx.doi.org/10.37399/issn2072-909x.2023.8.64-73.
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The article considers the advantages of concluding amicable agreements on disputes on determining the place of residence of minor children both for the parties to the dispute themselves and for the state represented by its judicial authorities. It is shown that the existence of public interest in the issues of concluding amicable agreements in cases of this category implies the need for the Supreme Court of the Russian Federation to elaborate explanations of disputed norms of law, as well as explanations by lower courts of the possibilities for concluding a settlement agreement, allowing to resolve the conflict completely. The purpose of the study was to develop recommendations for improving the practice of applying the provisions of procedural legislation on settlement agreements in relation to disputes about determining the place of residence of a child. Consideration of problems related to the conclusion of amicable agreements in disputes over determining the place of residence of children is based on general scientific research methods (the method of formal logic) with the involvement of industry methods (the method of systematic analysis of legal regulators of the material), which together ensured the reliability of the results of the work carried out. The study allowed the authors to determine the possibility of participants in disputes to go beyond the stated requirements when concluding a settlement agreement; to establish the consequences of non-settlement of the issues of registration of a minor at the place of residence; to identify an appropriate way for a parent to protect their rights in case of violation of the terms of the settlement agreement by the second parent or a change in the child’s interest.
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Qtaishat, Khaldoun Said Saleh. "Jurisdiction in Intellectual Property Disputes". Journal of Law and Sustainable Development 12, n.º 1 (29 de janeiro de 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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Yurkova, Ol'ga Aleksandrovna. "On the Issue of Jurisdiction of Disputes in which one of the Parties is a Multifunctional Center for the Provision of State and Municipal Services". NB: Административное право и практика администрирования, n.º 4 (abril de 2022): 40–50. http://dx.doi.org/10.7256/2306-9945.2022.4.38882.
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The object of the study is public relations regulating the determination of the jurisdiction of judicial disputes involving multifunctional centers for the provision of state and municipal services (MFC) on the territory of the Russian Federation. The subject of the study is the regulatory regulation of disputes involving the MFC. The purpose of the study is to identify theoretical and practical gaps in the regulatory legal regulation of the activities of multifunctional centers for the provision of state and municipal services and its interaction with public authorities and citizens–applicants. In the course of the study, methods of scientific-theoretical and scientific-practical analysis, comparative legal characteristics, formal-logical and analytical research methods were used. The topic under consideration is relevant due to the growing number of administrative disputes in the sphere of interaction between state bodies and citizens, as well as due to the large coverage of the population with MFC services (96%), which, given the weak legal regulation of the issue of MFC litigation, creates a serious problem. The novelty of the study is that the legal status of the MFC is analyzed from the point of view of the independence and autonomy of the subject of legal relations in court disputes and the gaps in federal legislation regulating the activities of the MFC are investigated in the light of its connection with the jurisdiction and scope of administrative proceedings. According to the results of the study, it was found that the norms of Federal Law No. 210 do not allow unambiguously establishing the jurisdiction of a dispute involving a multifunctional center and do not contain a judicial procedure for considering a dispute as such.
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Nikzad, Nezamuddin, e Gulaqa Anwari. "Investigation of Investor-State Arbitration Problems in Afghanistan". International Journal of Social Science Research and Review 6, n.º 2 (31 de janeiro de 2023): 152–60. http://dx.doi.org/10.47814/ijssrr.v6i2.847.
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The main purpose of this research is to explain and identify the major Investor-State Arbitration (ISA) problems in Afghanistan. Afghanistan's government is committed to providing legal security for the resolution of foreign investment disputes. The dispute resolution system's assessment is very important for foreign investors because they pay special attention to the dispute resolution system and consider it a criterion for their investments. This research will be the first comprehensive study about the Investor-State Arbitration problems in Afghanistan. In the writing of this research, the library method has been used. To extract reasons, laws, books, articles, and reliable scientific sources have been used. Afghanistan is a good market for foreign investment because it has good investment opportunities in different sectors. Foreign investors can choose the easiest and best mechanisms, such as arbitration in their contracts to deal with disputes. But the resolution of foreign investment through arbitration has some problems, and sometimes foreign investors are facing challenges with the settlement of their disputes through arbitration internationally and domestically in Afghanistan.
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Goncharova, Anna V. "Overcoming the identity of claims when re-applying to the court in civil cases". Current Issues of the State and Law, n.º 17 (2021): 137. http://dx.doi.org/10.20310/2587-9340-2021-5-17-137-147.
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The work is devoted to the actual problem of repeated consideration by courts of general jurisdiction of similar disputes contrary to the principles of procedural economy and legal certainty. The main scientific methods are used: the dialectical-materialistic method of scientific knowledge, the formal-logical method, the method of analysis and synthesis. We subject the elements of the claim to scientific analysis as a means of its individualization. We examines in detail the views of scientists on the subject of the claim, the actual and legal basis of the claim, the parties and the content of the claim as objects of individualization of claims when establishing their identity. Close attention is paid to the use of alternative grounds of claim in disputes arising from ongoing legal relations. We study the ways of artificially changing the new claim in order to overcome the validity of the court decision made on the original claim. We formulate a proposal for a temporary restriction on the filing of new claims in disputes characterized by continuing legal relations, and also justifies the expediency of introducing the concept of “actual identity” of claims into scientific circulation. In conclusion, we mark the dishonest methods of overcoming of identity claims, among which manipulation of the legitimation of the parties to the dispute, interpretation existed at the time of consideration of the initial claim of the circumstances of the case as a new cause of action, the formal change of the plaintiff.
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Foster, Caroline E. "The "Real Dispute" in the Southern Bluefin Tuna Case : a Scientific Dispute?" International Journal of Marine and Coastal Law 16, n.º 4 (2001): 571–601. http://dx.doi.org/10.1163/157180801x00234.
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AbstractOn 4 August 2000 a LOSC Annex VII ad hoc arbitral tribunal issued its award in the Southern Bluefin Tuna case brought by Australia and New Zealand against Japan. It found it had no jurisdiction under the LOSC in respect of the SBT dispute. The decision has been controversial. This paper identifies the idea, prevalent in many parts of the pleadings in the case, that the "real dispute" in the case lay under the 1993 Convention, and discusses the associated idea that the dispute was scientific in character. Questions raised by the scientific issues in the case are explored, including what may constitute good or "best" scientific evidence, the suitability of scientific disputes for international adjudication, the appropriateness of precautionary approaches, the validity of "margins of appreciation", and the most appropriate forms of dispute resolution for cases involving science. The need for greater attention to be devoted to issues raised by the role of science in international dispute resolution may partly explain the strength of the undercurrent in the SBT case which pushed towards the view that there was only one "real dispute", which fell under the 1993 Convention.
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Kovrigin, Anton Aleksandrovich. "Institute of the Financial Commissioner as a tool for resolving insurance disputes". Юридические исследования, n.º 7 (julho de 2023): 25–33. http://dx.doi.org/10.25136/2409-7136.2023.7.40998.
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The subject of the study is the specifics of legal relations arising in the sphere of functioning of the institution of the financial commissioner as an instrument for resolving insurance disputes. Due to the fact that the novelty of the Institute of the financial Commissioner has caused sufficient activity of research interest in scientific circles over the past five years, the author of this study pays attention to certain aspects not previously studied. The object of the research is the institution of the financial commissioner as a tool for resolving insurance disputes in the context of its doctrinal understanding and legal essence. Particular attention is paid to the transformation of the method of alternative settlement of insurance disputes (in foreign legal systems) into a jurisdictional institution providing mandatory pre-trial settlement. The main conclusions reached by the author are as follows. The domestic Institute of the Financial Commissioner distorts the legal nature of the institution of the financial Ombudsman, transforming an alternative way of resolving the dispute into a stage of consideration of the appeal as a mandatory pre-trial settlement. From an effective tool for resolving an insurance dispute, forming a systematic approach to resolving standard disputes and optimizing the insurance services market as a whole, the institution of a financial commissioner has been turned into a mandatory jurisdictional stage for considering insurance disputes of a certain category. The regulatory framework governing the activities of the financial Commissioner does not include professional and functional special principles of activity. Meanwhile, it is the special functional principles that determine the legal essence of the institution of state power authorized to consider appeals in any field. The conclusion is formulated about the incomplete implementation of the requirements of Federal Law No. 123-FZ, which is confirmed by the analysis of information from open sources. The main contribution of the author to the research of the topic is the analysis of the legal nature and purpose of the institution of the financial commissioner as a tool for resolving insurance disputes. The scientific novelty lies in the substantiation of the conclusion about the transformation of the institute implemented from foreign legislation into an institute with a fundamentally different purpose and content.
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Абдулин, Руслан Робертович. "Features of legal procedures in the consideration of disputes related to contractual relations". Юридические исследования, n.º 1 (janeiro de 2023): 65–73. http://dx.doi.org/10.25136/2409-7136.2023.1.38430.
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The subject of the study is the peculiarities of legal procedures in the consideration of disputes related to contractual relations. The author of the article, by analyzing and summarizing scientific materials, materials of judicial practice, comes to the conclusion that in recent years, in the consideration of disputes related to contractual relations, the search for alternative ways to resolve emerging conflicts has been actualized. The author notes that legal procedures in the implementation of reconciliation of the parties in pre-trial, judicial and other alternative methods of dispute settlement are contractual in nature, that is, contractual legal procedures are used to settle a dispute (conflict) at any stage of contractual relations, which is not typical for other types of civil relations. Meanwhile, from the standpoint of a functional approach, extrajudicial, judicial and other methods of protecting the rights of participants in contractual relations can act as an effective tool for resolving conflicts arising between the parties. In the work, the author creatively used general scientific and private scientific methods in cognitively significant unity and in a complex combination, including: analysis and synthesis, abstraction, system-structural, comparative legal, etc. The scientific novelty of the research consists in the fact that the article is a comprehensive study that examines the regulatory and security functions provided to the parties in contractual relations aimed at establishing (arising) a contractual legal relationship, changing the content and termination of contractual relations, changing the subject matter of the contract, recognizing and confirming the right, as well as eliminating disputability (conflict) in contractual relations. The key to this maxim is that the parties, as carriers of a subjective right or legal obligation, in the event of a dispute (conflict), have the opportunity to choose the method provided for by law or a reasonable model of behavior for its settlement, as well as the procedure for its implementation.
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Reiss, Carol Shoshkes. "Integrity of Scientific Content and Authorship Disputes Continue to Plague Scientific Journals". DNA and Cell Biology 33, n.º 3 (março de 2014): 121. http://dx.doi.org/10.1089/dna.2014.1502.
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Gayatri, Ayu Sekar, Risky Febria Nurita e Mohammad Fahrial Amrulla. "Analisis Yuridis Perjanjian bagi Hasil Perpecahan Lahan Pertanian di Desa Dengkol Kabupaten Malang". Bhirawa Law Journal 4, n.º 1 (15 de agosto de 2023): 9–18. http://dx.doi.org/10.26905/blj.v4i1.10338.
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This scientific paper analyzes the juridical analysis of profit-sharing agreements on split land in Dengkol Village, Malang Regency. The legal issue to be analyzed is a land dispute case in Malang Regency. The purpose of this research is to reach an agreement on land disputes that benefit both parties, namely between the Air Force and the Community and to find out the problems that occur and result in land disputes. This study uses a normative legal research method based on a study of cases and laws and regulations. The land dispute that occurred in Malang Regency was proven to have occurred due to incitement carried out by the local village head who was assisted by irresponsible persons, in this case it was also resolved in a non-litigation manner which was carried out outside the court and carried out by mediation.
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Ivanets, M. "The role and significance of International Commercial Arbitration in investment disputes". Uzhhorod National University Herald. Series: Law 1, n.º 81 (27 de março de 2024): 286–90. http://dx.doi.org/10.24144/2307-3322.2024.81.1.46.
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International commercial arbitration (ICA) is an important dispute resolution mechanism in the field of international trade and investment. In the conditions of constant globalization and the growing integration of the world economy, there is a need to effectively resolve conflicts arising in the sphere of commerce and investment relations. In recent decades, there has been a significant increase in investment disputes related to various aspects of business, from contractual obligations to the protection of foreign investments.
Consideration of investment disputes in the ICA involves the use of the principles of the autonomy of the will of the parties, confidentiality, and finality of decisions, which makes this mechanism particularly attractive for businesses and investors. Scientific research in this area is of great importance for understanding the effectiveness and prospects of the development of the ICA as a tool for resolving investment disputes.
In this context, the analysis of the role and significance of the ICA in investment disputes is of great practical and scientific importance. This article aims to consider the main aspects of International Commercial Arbitration in the context of solving investment conflicts, in particular, to analyze the principles and procedures, consider cases of successful use of the ICA, as well as determine the advantages of this mechanism compared to ordinary court procedures.
This article analyzes the role and significance of International Commercial Arbitration in the context of investment dispute resolution. Important principles and procedures of the ICA that ensure effective and fair resolution of conflicts between business and investors are emphasized. An analysis of the advantages of the ICA compared to traditional court procedures is carried out, in particular its contribution to the investment climate and investor confidence. Based on the analysis of examples of successful dispute resolution through the ICA, recommendations are provided for the parties in resolving investment conflicts. This article has implications for practitioners, academic researchers, and anyone interested in international trade and investment.
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Kobzeva, T. A., e I. O. Kulish. "Mediation procedure in Ukrainian realities". Legal horizons, n.º 25 (2020): 34–38. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p34.
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In the modern world, the mechanisms of self-regulation become especially important, when the subjects of public relations have the opportunity to independently establish rules of conduct and monitor their observance. The growth of activity and responsibility of participants in civil turnover allows the state to delegate part of its powers in certain areas to civil society institutions. Reconciliation of the parties is one such institution. Today in Ukraine, court proceedings and other jurisdictional mechanisms for reviewing and resolving disputes are the main ways to protect violated rights, freedoms and legitimate interests. However, there is no denying that in today's conditions of formation and dynamic development of civil society, they are often not effective enough. Participants in disputed legal relations are becoming increasingly interested in selfsettlement of disputes arising between them. One of the alternative methods of conflict resolution is mediation. Mediation, as an effective method of pre-trial settlement of disputes, is recognized by the European Community, which recommends its introduction as the main method of alternative dispute resolution at the pre-trial stage and during court proceedings. Mediation procedure, as an effective method of pre-trial settlement of disputes, is relevant for almost all types of legal relations, but unfortunately is not always used, due to the fact that for a long time there was no relevant legislation that could clearly and effectively to settle relations in the field of mediation. On July 15, 2020, the draft Law on Mediation was adopted in the first reading. will provide an opportunity to unload the judiciary and provide a mechanism for the implementation of protection of fundamental human and civil rights and freedoms in our country, as in a modern European state. The scientific work determines the correct use of the mediation procedure and its implementation to today's Ukrainian realities.
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Moreno Chrishans, Raffael, Darell Tri Jaya e Rasji Rasji. "Kewenangan Mahkamah Agung dalam Proses Penyelesaian Sengketa Perbuatan Melanggar Hukum pada Tingkat Kasasi". COMSERVA Indonesian Jurnal of Community Services and Development 2, n.º 08 (28 de dezembro de 2022): 1547–53. http://dx.doi.org/10.59141/comserva.v2i08.489.
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When there is a dispute regarding the authority to adjudicate between one court environment and another court environment, then in the end the Mahkamah Agung (MA) as the highest court will use its power to try and resolve the dispute at the Cassation level or at the Judicial Review (PK) level, with Thus, if disputes over the jurisdiction of adjudicators continue to be submitted to the Supreme Court of Justice by the litigants, then the accumulation of cases at the Mahkamah Agung (MA) as the court of final instance in relation to these disputes cannot be avoided. The research methodology at this writing is to use juridical research (legal research) is a form of scientific activity in the field of law which uses methods, systematics and a thinking that is specific to studying laws, using certain analysis. The purpose of this paper is: 1) to find out what are the main duties and functions of the Supreme Court. 2) to find out what judicial power is, 3) to know the authority of the Mahkamah Agung in the settlement of unlawful acts disputes at the cassation level.
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Moreno Chrishans, Raffael, Darell Tri Jaya e Rasji Rasji. "Kewenangan Mahkamah Agung dalam Proses Penyelesaian Sengketa Perbuatan Melanggar Hukum pada Tingkat Kasasi". COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat 2, n.º 8 (28 de dezembro de 2022): 1547–53. http://dx.doi.org/10.59141/comserva.v2i8.489.
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When there is a dispute regarding the authority to adjudicate between one court environment and another court environment, then in the end the Mahkamah Agung (MA) as the highest court will use its power to try and resolve the dispute at the Cassation level or at the Judicial Review (PK) level, with Thus, if disputes over the jurisdiction of adjudicators continue to be submitted to the Supreme Court of Justice by the litigants, then the accumulation of cases at the Mahkamah Agung (MA) as the court of final instance in relation to these disputes cannot be avoided. The research methodology at this writing is to use juridical research (legal research) is a form of scientific activity in the field of law which uses methods, systematics and a thinking that is specific to studying laws, using certain analysis. The purpose of this paper is: 1) to find out what are the main duties and functions of the Supreme Court. 2) to find out what judicial power is, 3) to know the authority of the Mahkamah Agung in the settlement of unlawful acts disputes at the cassation level.
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Ergashev, Ikrom. "ISSUES OF IMPROVING THE LEGAL MECHANISMS FOR ALTERNATIVE RESOLUTION OF TAX DISPUTES". Jurisprudence 1, n.º 4 (14 de dezembro de 2021): 5–11. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./wyue9853.
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The author of this article describes the theoretical and practical aspects of legal mechanisms for alternative dispute resolution. The aim of conducting current scientific research is to have thoughtful systematic analysis of the norms of alternative resolution of tax disputes established by the Tax Code and other regulatory legal acts of the Republic of Uzbekistan. Conjointly, author attempts to carry out a comparative study of foreign experience by analyzing actual problems existing in this area along with their recommendations for their solution and introduced proposals for enhancing legislation At the same time, has been analyzed the works, that carried out in our country on the alternative resolution of tax disputes, as well as on the prevention, identification and elimination of possible disputes in the tax area. Separately noted, that today the sphere of tax consulting in the country is being formed systematically and in stages. Additionally, author of this article analyzed the large-scale systematic work carried out to create a fair, transparent tax system for taxpayers and bring the system of alternative dispute resolution in line with international standards, as well as to strengthen the protection of the rights and legitimate interests of taxpayers.
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Ugli, Yuldoshbekov Avazbek Alisher. "ROLE AND IMPORTANCE OF TAX CONSULTING IN ALTERNATIVE RESOLUTION OF TAX DISPUTES". American Journal of Political Science Law and Criminology 6, n.º 1 (1 de janeiro de 2024): 16–19. http://dx.doi.org/10.37547/tajpslc/volume06issue01-04.
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The author of this article describes the theoretical and practical aspects of legal mechanisms for alternative dispute resolution. In this scientific work was carried out a systematic analysis of the norms of alternative resolution of tax disputes established by the Tax Code and other regulatory legal acts of the Republic of Uzbekistan, was conducted a comparative study of foreign experience in this area, were analyzed existing problems, were developed recommendations for their solution and were given proposals for improving legislation in the analyzed area. At the same time, has been analyzed the works, that carried out in our country on the alternative resolution of tax disputes, as well as on the prevention, identification and elimination of possible disputes in the tax area. Separately noted, that today the sphere of tax consulting in the country is being formed systematically and in stages. Also, author of this article analyzed the large-scale systematic work carried out to create a fair, transparent tax system for taxpayers and bring the system of alternative dispute resolution in line with international standards, as well as to strengthen the protection of the rights and legitimate interests of taxpayers.
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Peel, Jacqueline. "OF APPLES AND ORANGES (AND HORMONES IN BEEF): SCIENCE AND THE STANDARD OF REVIEW IN WTO DISPUTES UNDER THE SPS AGREEMENT". International and Comparative Law Quarterly 61, n.º 2 (abril de 2012): 427–58. http://dx.doi.org/10.1017/s0020589312000024.
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AbstractThe standard of review applied by WTO decision-makers in disputes under the Sanitary and Phytosanitary (SPS) Measures Agreement plays a critical role in determining the scope of SPS risk regulatory authority afforded WTO Members by governing the degree to which such measures must be science-based. The standard of review question in SPS jurisprudence finds resonances in international environmental legal adjudication of highly technical disputes, as well as in comparative law concerning judicial review of science-based risk regulation in the United States and European Union. This article considers recent case law of the WTO Appellate Body in Continued Suspension and Australia–Apples and the extent to which these decisions permit a more deferential approach on the part of WTO decision-makers in evaluating the scientific underpinnings of Members' disputed SPS measures. It is argued that the case law has failed to articulate a strong normative rationale for the current interpretation of the standard of review applied in SPS disputes. Drawing on social scientific findings regarding the limitations of science-based risk assessment in diverse risk settings, the article contends that a more coherent and principled approach to application of the standard of review would allow for its adjustment according to the nature of the risk situation under consideration.
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-, Rizki, Julius Imanuel Simbolon, Oki Berlin Roma Rezeki Sianturi, Glori Andika Lumban Gaol, Bryan Theofilus Gideon Waruwu e Nourma Dewi. "ANALISIS KONTRIBUSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM PENYELESAIAN SENGKETA KETENAGAKERJAAN". Ilmu Hukum Prima (IHP) 6, n.º 2 (31 de outubro de 2023): 211–20. http://dx.doi.org/10.34012/jihp.v6i2.4201.
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This research aims to analyze the Industrial Relations Court's (IRC) contribution in resolving labor disputes. Labor disputes often arise between workers and employers and have the potential to have a significant impact on industrial relations. The research method used is a literature study by collecting data from various sources such as scientific journals, reference books, and relevant policies and regulations. The data is then analyzed qualitatively to understand the role of IRC in resolving labor disputes. The analysis results show that IRC is essential to resolving labor disputes. IRC allows both parties to present their arguments fairly and objectively as an independent institution. Decisions made by IRC can create legal certainty for the parties involved. In addition, through the court process, IRC provides an opportunity for the broader community to obtain information about labor dispute cases and their legal interpretations. Therefore, efforts are needed to strengthen the capacity of IRC in order to provide more effective and efficient services. This research has important implications for developing industrial justice systems in resolving labor disputes. The findings of this study are expected to serve as a basis for government and relevant stakeholders to enhance the role of IRC and address existing challenges.
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Zejnullahu, Njomëza, e Bashkim Nuredini. "THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO". Access to Justice in Eastern Europe 7, n.º 2 (1 de abril de 2024): 1–28. http://dx.doi.org/10.33327/ajee-18-7.2-a000213.
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Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.
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Shergunova, Elena A. "Insurance Ombudsman as an Insurance Dispute Settlement Novelty". Justice of the peace 3 (25 de fevereiro de 2021): 25–29. http://dx.doi.org/10.18572/2072-4152-2021-3-25-29.
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The article analyzes the new procedure for resolving the insurance dispute between the consumer of insurance services and the insurer. The introduction of the institution of an insurance ombudsman in Russia, as an alternative stage in the pre-trial settlement of the dispute, has a some of advantages and shortcomings. The author investigated the specifics of the consideration of the dispute by the insurance ombudsman, identifying the gaps in the current legislation and proposing ways to overcome them. The results of the scientific study were as follows: It was found that the introduction of an insurance ombudsman was necessary and appropriate. The consideration of insurance disputes by the insurance ombudsman has reduced the burden of the courts and provided the consumer of insurance services with some of guarantees to protect their insurance rights. Deficiencies in the procedure for resolving a dispute by the insurance ombudsman are the following legislative gaps. Firstly, only the consumer of insurance services can initiate consideration of an insurance dispute. Secondly, the insurance ombudsman considers disputes if the insurer is included in a special register of insurers interacting with the insurance ombudsman.
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Arzumanova, L. L. "Mediation as an alternative form of pre-trial settlement of a tax dispute: doctrinal approaches and law enforcement practice". Law Enforcement Review 5, n.º 3 (2 de outubro de 2021): 156–66. http://dx.doi.org/10.52468/2542-1514.2021.5(2).156-166.
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The subject of research is the study of mediation procedure and embedding of mediation techniques in such a specific area of relations, the participants of which are the tax authority and the taxpayer. The settlement of tax disputes is quite understandable, since this mechanism allows to keep an economic entity on the market, on the one hand, and to replenish the state budget on the other.The purpose of the article is to confirm or disprove hypothesis that the current mechanism of pre-trial settlement of disputes established in the Russian Tax Code does not correspond to the techniques of the mediation process. The methodological basis of the research was formed by general scientific methods of cognition, which include the principles of objectivity and system analysis of the information collected during preparation of the publication. At the same time private scientific methods were also used in the work, including descriptive and comparative legal methods, which made it possible to use the practices of foreign states in terms of the use of mediation procedures. The author analyzes the official data published by the tax authority, regarding the number of disputes considered over the period of the past three years.The main scientific results, scope of application. The study made it possible to gain new knowledge in the field of legal regulation of mediation. The presented foreign experience demonstrates that at present Russia is only at the stage of formation of mediation. Most people do not yet understand what exactly the advantages of mediation. The existing procedure for the judicial settlement of a dispute attracts its participants due to the fact that the current state fees are very low compared to their foreign counterparts. All kinds of legislative transformations lead to an ambiguous interpretation of legal norms, which often defy literal interpretation, followed by conflicts in law enforcement. Since the practice of using mediation sessions is not widespread at present, a large number of debatable questions arise about the procedure for conducting mediation, the possibility of fiscal body participation, determining the categories of disputes in which negotiation techniques can be applied.Conclusions. Mediation is a systemic process that allows constructive negotiations between the parties involved in the dispute in order to resolve the problem and possibly reach an agreement on the settlement of the dispute. At the same time, it is emphasized that the lack of law enforcement practice complicates the process of researching the institution of tax mediation. The role of a mediator in legal relations (with the tax authority as a participant) is a person who must create a constructive atmosphere for discussing the conflict; adhere to the principles of mediation; assist in finding solutions without expressing his opinion on the agenda. This role of mediator is not adequately reflected in the legislation in relation to tax disputes.
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Tan, Ren, e Kairong Hong. "Research on Extreme Dispute Decisions of Large-Scale Engineering Projects from the Perspective of Multidimensional Preferences". Mathematics 9, n.º 22 (18 de novembro de 2021): 2940. http://dx.doi.org/10.3390/math9222940.
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The main purpose of this paper is to study the influence of game players’ behavior preferences on the strategy choice and equilibrium results in the game process of large-scale engineering projects’ extreme disputes. In contrast to the self-interested preference and completely rational assumptions of traditional economics, this paper focuses on the discussion of loss aversion preference and fairness preference against the background of incomplete information about the game subject. Considering the influence of the decision-makers’ multidimensional preferences, this paper establishes a three-party game model for the government, the project construction units, and the public. Furthermore, the equilibrium results of four different types of extreme disputes are deduced using the game method. We deduce the evolutionary paths and equilibrium characteristics and discuss them in combination with actual cases in China in an attempt to provide theoretical support and scientific analysis tools to avoid serious disputes and conflict decision results. Through research, this paper finds that the transformation of prior beliefs, the role of multidimensional preference sets, and a lack of information between the game players in the game process are key to the evolution of project disputes into extreme dispute decisions.
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Evdokimov, Vyacheslav, e Maksim Zaloilo. "“Kuril Dispute”: Political and Legal Models of Solution in the Aspect of Constitutional Transformation". Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija 26, n.º 3 (30 de junho de 2021): 147–57. http://dx.doi.org/10.15688/jvolsu4.2021.3.13.
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Introduction. The fate of the Southern Kuril Islands remains a stumbling block to the conclusion of a peace treaty between Russia and Japan, as well as the further development of trade, economic, environmental, political, diplomatic, and other relations between the two states. At the same time, the constitutional changes that took place in Russia in 2020 and the need to ensure national interests dictate the need to find alternative ways to solve the problem, taking into account the political and legal experience of resolving similar territorial disputes. Methods and materials. The methodological basis of the research includes dialectical, general logical, theoretical (abstraction, historical method), empirical (description, comparison, experiment) methods, as well as a special formal legal and applied interdisciplinary method of event analysis. Analysis. Based on the study of domestic and foreign scientific researches devoted to constitutional transformations in Russia and Japan, problems of Russian-Japanese relations over the Southern Kuril Islands dispute, and political and legal models of resolving territorial disputes, legislation and international documents, potential models of resolving the “Kuril dispute” are analyzed and compared, and an attempt is made to find an acceptable solution of the territorial dispute between Russia and Japan over the ownership of the Southern Kurils. Result. The authors conclude that each of the considered political and legal models of resolving territorial disputes (“Aland”, “Hong Kong”, “Amur”, “Peace Park model” and other variants) has its own specifics due to the individual characteristics of a particular territorial dispute, so it cannot be applied to the resolution of the models of resolving the “Kuril dispute” in its pure form.