825 resultados para Disputes


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The amount of original imaging information produced yearly during the last decade has experienced a tremendous growth in all industries due to the technological breakthroughs in digital imaging and electronic storage capabilities. This trend is affecting the construction industry as well, where digital cameras and image databases are gradually replacing traditional photography. Owners demand complete site photograph logs and engineers store thousands of images for each project to use in a number of construction management tasks like monitoring an activity's progress and keeping evidence of the "as built" in case any disputes arise. So far, retrieval methodologies are done manually with the user being responsible for imaging classification according to specific rules that serve a limited number of construction management tasks. New methods that, with the guidance of the user, can automatically classify and retrieve construction site images are being developed and promise to remove the heavy burden of manually indexing images. In this paper, both the existing methods and a novel image retrieval method developed by the authors for the classification and retrieval of construction site images are described and compared. Specifically a number of examples are deployed in order to present their advantages and limitations. The results from this comparison demonstrates that the content based image retrieval method developed by the authors can reduce the overall time spent for the classification and retrieval of construction images while providing the user with the flexibility to retrieve images according different classification schemes.

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To maximize the utility of high land cost in urban development, underground space is commonly exploited, both to reduce the load acting on the ground and to increase the space available. The execution of underground constructions requires the use of appropriate retaining wall and bracing systems. Inadequate support systems have always been a major concern, as any excessive ground movement induced during excavation could cause damage to neighboring structures, resulting in delays, disputes and cost overruns. Experimental findings on the effect of wall stiffness, depth of the stiff stratum away from the wall toe and wall toe fixity condition are presented and discussed. © 2012 Taylor & Francis Group.

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Extensive high to ultrahigh pressure metamorphic rocks are outcropped in the the Dabie-Sulu UHP orogenic belt. Disputes still exist about for protolith nature of metamorphic rocks, petrogenesis, tectonic setting, and influence on upper mantle during the Triassic deep subduction. In this study, a combined study of petrology, geochemistry, isotope geochemistry and zircon chronology was accomplished for high-grade gneisses in the basement of the ultrahigh-pressure metamorphic Rongcheng terrane to reveal protolith nature and petrogenesis of the gneisses and to disucss the magmatic succession along the northern margin of the Yangtze block in Neoproterozoic. Gneisses in the Rongcheng terrane are characterized by negative Nb, Ta, P and Ti anomalies, relatively low Sr/Y ratios and relatively high Ba/La, Ba/Nb and Ba/Zr ratios, mostly displaying geochemical affinity to Phanerozoic volcanic arc. Neoproterozoic protolith ages (0.7 ~ 0.8 Ga) and Paleoproterozoic average crustal residence time (1.92 ~ 2.21 Ga) favour a Yangtze affinity. The gneisses mostly display characteristics of enrichment of LREE, flat heavy rare earth elements (REE) patterns, moderately fractionation between LREE and HREE and slight negative or positive Eu anomalies, probably reflecting that melting took place in the middle to low crust (26 ~ 33 km), where amphibole fractionated from the melts and/or inherited from source material as major mineral phases in the source area. Sr-Nd isotopic composition of the gneisses supports this conclusion. According to εNd(t) and εHf(t) values, the gneisses can be divided into three groups. Gneisses of group I have the highest εNd(t) and εHf(t) values, corresponding to the range of -6 ~ -3 and -2.9 ~ 13.4, respectively. This suggests obvious influx of depleted mantle or juvenile crust in the formation of protoliths. Gneisses of group II have medium εNd(t) (-9 ~ -7) and εHf(t) values (-15.8 ~ -1.4), corresponding to relatively high TDM2(Nd) (1.99 ~ 2.31 Ga) and TDM2(Hf) (1.76 ~ 2.67 Ga) , respectively. This suggests these gneisses were formed by partial melting of Paleoproterozoic crust. Gneisses of group III have the lowest εNd(t) (-15 ~ -10) and εHf(t) values (-15.8 ~ -1.4), corresponding to the largest TDM2(Nd) (1.99 ~ 2.31 Ga) and TDM2(Hf) ( 1.76 ~ 2.67 Ga), respectively. This indicates that gneisses of group III were formed by remelting of Archean crustal material and further demonstrates existence of an Archean basement probably of the Yangtze affinity beneath the Rongcheng terrane. Gneisses of three groups have also certain different geochemical characteristics. Contents of REEs and trace elements reduce gradually from group I to group III. Zirconium saturation temperatures also show similar tendency. Compared to gneisses of group II and group III, gneisses of group I display geochemical feature similar to extensional tectonic setting, having relatively little influence by the source area. Therefore, geochemical characteristics for gneisses of group I can indictate that the protoliths of the Rongcheng gneisses formed in an extensional rifting tectonic setting. This conclusion is supported by the results of eclogites and gabbros previously reported in the Dabie-Sulu orogenic belt. Statistical results of the protolith ages of the Rongcheng gneisses show two age peaks around ~728 Ma and ~783 Ma with an about 50 Ma gap. Extensive magatism in abou 750 Ma along the northern margin of the Yangtze block can hardly be observed in the Rongcheng terrane. This phenomenon likely suggests discontinuous Neoproterozoic magmatism along the northern margin of the Yangtze block.

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Both perceived organizational support and job stresses have impact on employees’ work outcomes. Great progresses have been made in past researches. However, there are many disputes about the impact of perceived organizational support (POS) on job performance (especially, safety performance), the impact of job stresses on job performance (especially, safety performance) and job attitudes, as well as the interaction of subordinates’ POS and job stresses, and the impact of supervisor on subordinates’ POS et al.. Thus, the aim of the study is to explore the impact of supervisors’ POS, leader-member exchange(LMX) on subordinates’ POS, the direct impact of subordinates’ POS and job stressors from task and rewards on work attitudes(job satisfaction, turnover intention) and safety behaviors(safety compliance and safety participation), and the interaction of subordinates’ POS and job stresses. Analyses are based on the data from interviewing of 20 staff, posts of a Chinese civil aviation Bulletin Board System (BBS) and surveys of 216 subordinates and 42 supervisors from two Chinese civil aviation Air traffic control centers (ATC). The major findings are listed as follows: Firstly, the exchange relationship between supervisors and members has impact on subordinates’ POS by the fully mediating role of subordinates’ perceived supervisor support (PSS). But supervisors’ POS have no impact on subordinates’ POS. Secondly, subordinates’ POS has a direct and positive impact on their job satisfaction and safety behaviors, and a negative impact on turnover intention. Specifically, the higher the employees’ perceived organizational support, the higher job satisfaction and safety behaviors, as well as the lower turnover intention they have. Moreover, POS has stronger relationship with safety participation behaviors than that of safety compliance behaviors. Thirdly, task-related stressor has no significant impact on job satisfaction, turnover intention and safety behaviors. And compensation-related stressor has significant and positive impact on turnover intention and safety behaviors, which means that with the compensation-related stress increases, turnover intention increases, safety behaviors including safety compliance and safety participation also increases. Fourthly, POS and task-related stressor, POS and compensation-related stressor have significant interaction, respectively. Specifically, POS moderates the relationship between task-related stressor and job satisfaction, and between task-related stressor and turnover intention. Moreover, POS also moderates the relationship between compensation-related stressor and safety compliance behaviors.

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This study describes relocation experiences of older people moving to supported housing in Scotland focusing on the nature of support. Using mixed methods, Phase one involved a Scottish cross-sectional survey of all people aged 65 and over moving into Coburg (Scotland) Housing Association supported accommodation during the first six months of 2008. A total of 122 respondents were included in the survey (59% response rate). People moved locally at advanced ages with moderate disability levels to achieve more manageable housing and support, suggesting ‘assistance migration’. Expectations were high, with many seeing it as a new start in life and generally positive views of moving were reported. In Phase two, five in-depth multiple-perspective longitudinal case studies were conducted to explore the experience of relocation into supported housing. In each case an older person, primary carer and the housing manager - all women – were interviewed over six months following relocation. Analysis was undertaken using a thematic framework approach (Ritchie et al., 2003). Findings suggested older women acted with agency to adapt to their new lives; recreating ‘normality’ through organising space and routines. It is argued that returning to normality formed the overarching objective of the older women as they sought to feel ‘in place’. Responsibilities for meeting assistance needs were often implicit, contested and shifting, leading to fragile, uncertain and transitory arrangements. Drawing on recent advances in developmental psychology it is argued ‘longings’ of older people, and others, to achieve an optimal life can relate and motivate towards actions such as relocation. Yet, personal ‘longings’ can be prioritised differently and may result in disputes over goal setting and ways needs are met. Further, utopian ideals must be reconciled with the reality of daily life. Policy and practitioners could adopt broader, dignity based objectives to assist older people to identify ways of aiding such reconciliation.

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Hughes, R. G., ''Possession is nine tenths of the law': Britain and the boundaries of Eastern Europe since 1945', Diplomacy and Statecraft, (2005) 16(4) pp.723-747 RAE2008

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Rhodes, Mark. 'US Foreign Sales Corporations, Export Tax Credits and the WTO', in: 'The WTO and the Regulation of International Trade: Recent Trade Disputes between the European Union and the United States', (Cheltenham: Edward Elgar Publishing, 2005), pp.177-189 RAE2008

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This study aims to present the conditions related to the European Union’s involvement in the Arab Spring, as well as examine the extent of this capability-based involvement in the first months of 2011 against the background of competence disputes between institutions and inter-governmental contentions. These considerations will be the basis for conclusions on the theoretical and practical viability of the European Union’s action in the region of North Africa, in terms of both interests defined in Brussels and representation of a jointly agreed position and undertaking practical actions in the international arena. These assumptions can facilitate a new perspective for the EU’s strategic approach framework in the region of North Africa.

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Dissertação de Mestrado apresentada à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de Mestre em Ciências Empresariais

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“History, Revolution and the British Popular Novel” takes as its focus the significant role which historical fiction played within the French Revolution debate and its aftermath. Examining the complex intersection of the genre with the political and historical dialogue generated by the French Revolution crisis, the thesis contends that contemporary fascination with the historical episode of the Revolution, and the fundamental importance of history to the disputes which raged about questions of tradition and change, and the meaning of the British national past, led to the emergence of increasingly complex forms of fictional historical narrative during the “war of ideas.” Considering the varying ways in which novelists such as Charlotte Smith, William Godwin, Mary Robinson, Helen Craik, Clara Reeve, John Moore, Edward Sayer, Mary Charlton, Ann Thomas, George Walker and Jane West engaged with the historical contexts of the Revolution debate, my discussion juxtaposes the manner in which English Jacobin novelists inserted the radical critique of the Jacobin novel into the wider arena of history with anti-Jacobin deployments of the historical to combat the revolutionary threat and internal moves for socio-political restructuring. I argue that the use of imaginative historical narrative to contribute to the ongoing dialogue surrounding the Revolution, and offer political and historical guidance to readers, represented a significant element within the literature of the Revolution crisis. The thesis also identifies the diverse body of historical fiction which materialised amidst the Revolution controversy as a key context within which to understand the emergence of Scott’s national historical novel in 1814, and the broader field of historical fiction in the era of Waterloo. Tracing the continued engagement with revolutionary and political concerns evident in the early Waverley novels, Frances Burney’s The Wanderer (1814), William Godwin’s Mandeville (1816), and Mary Shelley’s Valperga (1823), my discussion concludes by arguing that Godwin’s and Shelley’s extension of the mode of historical fiction initially envisioned by Godwin in the revolutionary decade, and their shared endeavour to retrieve the possibility enshrined within the republican past, appeared as a significant counter to the model of history and fiction developed by Walter Scott in the post-revolutionary epoch.

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The primary aim of this thesis is to analyse legal and governance issues in the use of Environmental NPR-PPMs, particularly those aiming to promote sustainable practices or to protect natural resources. NPR-PPMs have traditionally been thought of as being incompatible with the rules of the World Trade Organization (WTO). However, the issue remains untouched by WTO adjudicatory bodies. One can suggest that WTO adjudicatory bodies may want to leave this issue to the Members, but the analysis of the case law also seems to indicate that the question of legality of NPR-PPMs has not been brought ‘as such’ in dispute settlement. This thesis advances the argument that despite the fact that the legal status of NPR-PPMs remains unsettled, during the last decades adjudicatory bodies have been scrutinising environmental measures based on NPR-PPMs just as another expression of the regulatory autonomy of the Members. Though NPR-PPMs are regulatory choices associated with a wide range of environmental concerns, trade disputes giving rise to questions related to the legality of process-based measures have been mainly associated with the protection of marine wildlife (i.e., fishing techniques threatening or affecting animal species). This thesis argues that environmental objectives articulated as NPR-PPMs can indeed qualify as legitimate objectives both under the GATT and the TBT Agreement. However, an important challenge for the their compatibility with WTO law relate to aspects associated with arbitrary or unjustifiable discrimination. In the assessment of discrimination procedural issues play an important role. This thesis also elucidates other important dimensions to the issue from the perspective of global governance. One of the arguments advanced in this thesis is that a comprehensive analysis of environmental NPR-PPMs should consider not only their role in what is regarded as trade barriers (governmental and market-driven), but also their significance in global objectives such as the transition towards a green economy and sustainable patterns of consumption and production.

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This thesis examines the tension between patent rights and the right to health and it recognizes patent rights on pharmaceutical products as one of the factors responsible for the problem of lack of access to affordable medicines in developing countries. The thesis contends that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. The thesis provides a systematic analysis of court decisions from four key developing countries (Brazil, India, Kenya, and South Africa) and it assesses how the national courts in these countries resolve the tension between patent rights and the right to health. Essentially, this thesis demonstrates how a model of human rights can be incorporated into the adjudication of disputes involving patent rights in national courts. Focusing specifically on Brazil, the thesis equally demonstrates how policy makers and law makers at the national level can incorporate a model of human rights into the design or amendment of their national patent law. This thesis also contributes to the ongoing debate in the field of business and human rights with regard to the mechanisms that can be used to hold corporate actors accountable for their human rights responsibilities. This thesis recognizes that, while states bear the primary responsibility to respect, protect, and fulfil the right to health, corporate actors such as pharmaceutical companies also have a baseline responsibility to respect the right to health. This thesis therefore contends that pharmaceutical companies that own patent rights on pharmaceutical products can be held accountable for their right to health responsibilities at the national level through the incorporation of a model of civic participation into a country’s patent law system.

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The aggression animals receive from conspecifics varies between individuals across their lifetime. As poignantly evidenced by infanticide, for example, aggression can have dramatic fitness consequences. Nevertheless, we understand little about the sources of variation in received aggression, particularly in females. Using a female-dominant species renowned for aggressivity in both sexes, we tested for potential social, demographic, and genetic patterns in the frequency with which animals were wounded by conspecifics. Our study included 243 captive, ring-tailed lemurs (Lemur catta), followed from infancy to adulthood over a 35-year time span. We extracted injury, social, and life-history information from colony records and calculated neutral heterozygosity for a subset of animals, as an estimate of genetic diversity. Focusing on victims rather than aggressors, we used General Linear Models to explain bite-wound patterns at different life stages. In infancy, maternal age best predicted wounds received, as infants born to young mothers were the most frequent infanticide victims. In adulthood, sex best predicted wounds received, as males were three times more likely than females to be seriously injured. No relation emerged between wounds received and the other variables studied. Beyond the generally expected costs of adult male intrasexual aggression, we suggest possible additive costs associated with female-dominant societies - those suffered by young mothers engaged in aggressive disputes and those suffered by adult males aggressively targeted by both sexes. We propose that infanticide in lemurs may be a costly by-product of aggressively mediated, female social dominance. Accordingly, the benefits of female behavioral 'masculinization' accrued to females through priority of access to resources, may be partially offset by early costs in reproductive success. Understanding the factors that influence lifetime patterns of conspecific wounding is critical to evaluating the fitness costs associated with social living; however, these costs may vary substantially between societies.

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This, the first part of a three-part article on contractual termination of leases, considers the extent to which determination of a lease in accordance with the contract law principles of frustration and acceptance of a repudiatory breach has been accepted by Commonwealth courts. Reviews the approaches adopted by the courts in Canada, the US and Australia to the application of contractual principles to landlord and tenant disputes.