Settlement of Disputes Within the World Trade Organisation: A Guide to the Jurisprudence

The Urugauy Round of Multilateral Trade Negotiations led to the development of a revised set of procedures on dispute settlement. These procedures dealt with a number of significant problems that had arisen under GATT dispute settlement experience. In spite of these important reforms, there are numerous, complex and contentious questions of legal adjudication that any formal dispute settlement system must face. The article outlines the aims and organs of dispute settlement under the WTO. It addresses some of the key questions as to standing, interpetation, evidence and adjudicatory practices and processes. While ongoing moitoring and reform is necessary, an important thesis is that the inherent nature of legal adjudication forces uncertain determinations that can too easily give rise to unwarranted criticism of the system as a whole.

Developing negotiation decision support systems that support mediators : a case study of the Family_Winner system

Negotiation Support Systems have traditionally modelled the process of negotiation. They often rely on mathematical optimisation techniques and ignore heuristics and other methods derived from practice. Our goal is to develop systems capable of decision support to help resolve a given dispute. A system we have constructed, Family_Winner, uses empirical evidence to dynamically modify initial preferences throughout the negotiation process. It sequentially allocates issues using trade-offs and compensation opportunities inherent in the dispute.

Bargaining in the shadow of the Law - using utility functions to support legal negotiation

Most dispute resolution is settled by negotiation rather than litigation. However, such bargaining often occurs in the shadow of the law. To help support interest-based negotiation, we explore the use of utility functions to support negotiation analysis. We discuss in detail a utility function we have developed in the area of family-law mediation. This function is currently being used as the basis of an online dispute resolution system.

Equal opportunity : dealing with employment discrimination

Experiences with the process of lodging a discrimination complaint with the Australian Human Rights Commission - issues surrounding confidentiality clauses in dispute settlement agreements.

Intellectual property, creativity and innovation : IP models and the political economy of developing Asia

In advanced capitalist societies, intellectual property laws protecting such subject matter as copyright and patents are justified by a combination of theories, which include the provision of economic incentives to foster creativity and innovation and the prevention of unfair competition. IP academics and policy makers have differing views about the appropriate balance between these objectives and public interest considerations such as health, education and the protection of the environment. These different views entered the policy debate in Asian developing countries in connection with an unprecedented introduction and expansion of IP laws over the last 25 years. This paper will use case studies of law reform from Asia, in particular Southeast Asia, to show that the policy considerations of governments in reforming their laws were often quite different from the standard rationale mentioned above. As much of the IP was, at least initially, held by foreigners and introduced to attract foreign investment, national development considerations were joined with the more commonly quoted objectives to promote the rights, creativity and innovation of individuals. Such national development objectives at times coincided and at other times collided with official explanations and received wisdom about the effects of stronger IP rights.

Especially in the early postcolonial period, copyright laws and other IP laws were frequently restricted or simply not implemented, if they conflicted with development policies in areas such as education or public health. Such policies were slowly changing in the wake of WTO-TRIPS and other international agreements. Nevertheless, the implementation and enforcement of the IP laws has been uneven. Specialised institutions such as courts and IP administering agencies compete with other branches of government and administration for limited funding and a rich repertoire of informal dispute settlement procedures has kept the number of court cases relatively low. In some countries, censorship laws have influenced freedom of expression and led to quite idiosyncratic interpretations of intellectual property laws. Governments often also retain a role in the assessment of licensing and technology transfer contracts. And while there are many programs to foster individual creativity, in most cases R & D activities are still largely taking place in government institutions and this has influenced the thinking about intellectual property rights and creativity in the context of employment.

The paper uses a few case studies to examine the implementation of IP laws in selected Asian developing countries to point to the quite different institutional setting for IP law reform in comparison to European or American models. It reaches some tentative conclusions as to the likely effects on creativity and innovation under these different circumstances.

In defence of settlement: resolving discrimination complaints by agreement

Alternative dispute resolution (ADR) has become an entrenched feature of Australia’s anti-discrimination law, so much so that the vast majority of discrimination complaints are settled. There are many reasons to be against settlement but with reference to a study of the outcomes negotiated in discrimination complaints settled in Queensland, this article shows that there are valid reasons to be in favour of settlement, particularly when it results in systemic remedies which would not be obtained otherwise. The article concludes by presenting modifications to the existing complaint resolution system which would retain ADR while ensuring that the wider, systemic aspects of a discrimination claim are also addressed by introducing an institution with the power to enforce the law.

Change in the diet of sooty owls (Tyto tenebricosa) since European settlement: from terrestrial to arboreal prey and increased overlap with powerful owls

The current diet of the sooty owl (Tyto tenebricosa) was determined by analysing freshly regurgitated pellets collected beneath their roosting sites in East Gippsland, Victoria. Comparisons were then made with: (i) prehistoric and historic diet from bone deposits found in cave roosts, and (ii) diet of a sympatric owl species, the powerful owl (Ninox strenua). Sooty owls consumed a large array of terrestrial mammal species before European settlement, but only three terrestrial species were detected in their current diet, a reduction of at least eight species since European settlement. To compensate, sooty owls have increased their consumption of arboreal prey from 55% to 81% of their diet. Arboreal species are also a major component of the powerful owl diet and this prey shift by sooty owls has increased dietary overlap between these two species. Predation by foxes (Vulpes vulpes) and other feral species is likely to have reduced the amount of terrestrial prey available to sooty owls since European settlement. Investigation of changes in the diet of sooty owls may offer a unique monitoring system for evaluating the ability of fox-control strategies to influence increases in numbers of critical-weight-range mammals.

Decision support in interest based negotiation support systems: the AssetDivider system

Negotiation Support Systems (NSS) model the process of negotiation from basic template support to more sophisticated decision making support. The authors attempt to develop systems capable of decision support by suggesting possible solutions for the given dispute. Current Negotiation Support Systems primarily rely upon mathematical optimisation techniques and often ignore heuristics and other methods derived from practice. This chapter discusses the technology of several negotiation support systems in family law developed in their laboratory based on data collected and methods derived from practise. The chapter explores similarities and differences between systems the authors have created and demonstrates their latest development, AssetDivider.

Incorporating fairness into development of an integrated multi-agent online dispute resolution environment

The paper describes the development of an integrated multi-agent online dispute resolution environment called IMODRE that was designed to assist parties involved in Australian family law disputes achieve legally fairer negotiated outcomes. The system extends our previous work in developing negotiation support systems Family_Winner and AssetDivider. In this environment one agent uses a Bayesian Belief Network expertly modeled with knowledge of the Australian Family Law domain to advise disputants of their Best Alternatives to Negotiated Agreements. Another agent incorporates the percentage split of marital property into an integrative bargaining process and applies heuristics and game theory to equitably distribute marital property assets and facilitate further trade-offs. We use this system to add greater fairness to Family property law negotiations.

Constitutionalism and beyond the dispute between the left and right

From the constitutional point of view, all ideology in a pluralistic society structures have their own status and function. The rise of China needs a healthy, diverse and balanced thinking the situation. We need a capacity of macro-narrative and a framework to develop a macro perspective, the various ideologies put this macro, the constitutional system integration. This article is about ideology than an example, the analysis and comparison of three models. The first mode is now at in the formation and development process, and our political system to adapt to the "balanced" mode. The second model is adopted, representing the "left" "right" interest groups to reach beyond the ruling party turns around, balance of interests purpose. The third is in the process of policy formulation and selection of multi-party consultation and inclusive pattern of results of various think tanks.

Against settlement? Owen Fiss, ADR and Australian discrimination law

In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This paper explores Fiss’s criticisms through the lens of resolving discrimination complaints in Australia. It argues that although it is valuable to offer complainants a system for resolving complaints quickly and informally, especially in a jurisdiction in which complainants are often from marginalised groups, it is also necessary to recognise that this system is limited in how effectively it can develop the law and, by extension, eradicate discrimination. In essence, the system’s operation epitomises Fiss’ opposition to settlement. Modifying the complaint resolution system would improve this situation. The paper concludes by proposing three reforms based on mechanisms used in comparable countries: introducing direct access to the court or tribunal; strengthening ADR by making it voluntary and incorporating a ‘rights-based’ approach; and encouraging the regular publication of specific information about settlements and significant cases.