Reconciliation and the Goguryeo/ Gāogōulì disputes between China and South Korea

Just as the failure to reconcile views of the past and to address historical injustice has damaged inter-state relations in East Asia, the Goguryeo/Gāogōulì dispute has harmed relations between South Korea and China. In this chapter, we provide a detailed analysis of the dispute, and explore how this contestation has been reconciled through elite settlement, UNESCO's arbitration and the idea of shared history.

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.

Causal modelling of construction disputes

Disputes have become an inherent feature of the construction industry. A plethora of studies have been undertaken to identify the causes of disputes so as to determine the most appropriate prevention and resolution strategies. While it is widely known what the main causes of dispute are, they still remain prevalent in the Australian construction industry. This is because there is a need to better understand the complexity and interplay between causal variables. Using data derived from the
literature a conceptual causal model of construction disputes is developed. The model identifies the key causal variables and pathogens that can contribute to disputes.

Current findings on Australian children in postseparation disputes : outer conflict, inner discord

This paper sets out descriptive baseline data on the first 111 Australian families participating in a current study of the efficacy of child-focused and child-inclusive Family Law Mediation. The families come from the first of two treatment groups in that comparative study. While outcome data are not yet available on this group, the baseline data, gathered prior to intervention, are of interest and value. The paper describes the nature of parents' conflict with each other, the strength of their parental alliance, and the psychological functioning of their children at the time of presentation to the mediation service. High mental health risk for the children in these families is evident, both from parents' and children's perspectives. Uniquely, the paper includes the perceptions of 73 children about their parents' conflict and its impact on them. Implications are discussed, underscoring the imperative of early intervention with separating families that includes screening of the children's experience of conflict and their own needs for recovery.

Cross-Territorial heritage sites : towards a cross-cultural heritage practice

This paper will describe a current research project at Deakin University’s Cultural Heritage Centre for Asia and the Pacific which aims to develop our current understanding of heritage beyond the national frame usually given to it. The project focuses on a number of heritage sites associated with Australia’s war time heritage. However, all of these sites are located on foreign soil, in land which is not owned by the Australian government. Moreover, because of their location, these sites may or may not have significance for the countries where they are located or to other participants in the same war. Their location in another country and in other people’s narratives poses a complex problem for those who want to conserve, manage and interpret these sites in a manner which preserves their significance to Australia. Is it possible to do this while also recognising other people’s investment or lack of, in these sites? What do we need to think about when recognising the existence of dissonant heritage not only within a nation but across nations? And can this dissonance be used to encourage crosscultural dialogue? Using current understandings of heritage as potentially dissonant, and accepting the need to work within a pluralist frame which supports and argues for cultural diversity, this project explores what happens when this dissonance and diversity occurs not simply within a nation but across national borders. The paper will explore these issues by looking at the interpretation of the Thai-Burma railway, one of a handful of sites which Australians use to mark Anzac Day, the national day of remembrance for those who died fighting for their country.

Native title rights in the territorial sea and beyond: exclusivity and commerce in the Akiba decision

The principles that regulate the recognition and enforcement of native title rights and interests in both the territorial and the high seas are discussed. The context of the territorial and high seas, where a parallel structure provides a strong foundation for the promotion and recognition of co-coordinated practices, a far greater potential exists for the endorsement of native title rights which connect to evolving social and economic frameworks, as can be seen in the recent decision of Finn J in Akiba.

'Murderous coppers': police, industrial disputes and the 1929 Rothbury shootings

Norman Brown, a coalminer engaged in picketing the Rothbury colliery, was shot dead by police in 1929. The Rothbury incident and the police suppression which followed became part of both union folklore and the personal legend of one police officer, William John MacKay, later New South Wales Police Commissioner. This article probes beneath the layers of myth that surround Rothbury and argues that the initial tragedy was largely the result of police incompetence, and that MacKay’s association with the shooting is deeply ironic. The more measured police actions that followed the shootings were Mackay’s responsibility, however, and they had damaging long-term consequences.

The role of emotional intelligence on the resolution of disputes involving the electronic health record

Numerous authors have expressed concerns that the introduction of the Personally Controlled Electronic Health Record (PCEHR) will lead to an escalation of disputes. Some disputes will concern the accuracy of the record whereas others will arise simply due to greater access to health care records. Online dispute resolution (ODR) programs have been successfully applied to cost-effectively help disputants resolve commercial, insurance and other legal disputes, and can also facilitate the resolution of health care related disputes. However, we expect that health differs from other application domains in ODR because of the emotional engagement patients have with their health and those of loved ones. In this study we will be looking at whether the success of an online negotiation is related to how people recognise and manage emotions, and in particular, their Emotional intelligence score.

The central-place territorial model does not apply to space-use by juvenile brook charr Salvelinus fontinalis in lakes

1. Territoriality is widely accepted as the mechanism responsible for density-dependent mortality, emigration, and 'self-thinning' of populations of juvenile salmonine fishes in streams. Numerous studies have focused on territoriality exclusively in stream (lotic) environments and thus have fostered a stereotyped view of juvenile salmonines as sedentary and territorial. We term this behavioural paradigm the central-place territorial model (CPTM).

2. We tested predictions characterizing the CPTM for young-of-the-year (YOY) brook charr (Salvelinus fontinalis) in two Canadian lakes to determine if territoriality may also potentially limit space and population size of brook charr in lakes.

3. Our findings were not consistent with the CPTM. Fish in both lakes were not central-place forages. Maximum displacement distance did not increase with body length as predicted by the general salmonine model of Grant and Kramer (1990). Net displacement distanced increased with the proportion of time spent moving. Aggressive frequency was greatest for fish which spent large proportions of time moving and did not defend from a central-place.

4. Fish in both lakes were rarely aggressive, highly active, and often moved back over the same areas. However, lake fish which migrated to a tributary stream had no net displacement (central-place foraging) illustrating the immediate effects of current on foraging tactics and space-use.

5. The effect of hydrodynamic environment (flowing vs. still water) on fish behaviour needs to be explicitly considered in future models of salmonine behaviour.

The syntactic priority thesis and ontological disputes

The article focuses on the neo-Fregean's claim that syntactic priority thesis (SP) can constitute a decision-procedure in relation to substantive ontological disputes. It examines alternative interpretations of SP and demonstrates why SP cannot settle disputes about the existence of numbers or deliver on the stronger meta-ontological claims made on behalf it. Problems associated with the attempt to establish ontological theses through logical and linguistic analysis are tackled.