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.

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.

Examining the viability of windows impact/update method for delay analysis in construction disputes

Nowadays, construction delay disputes often end up on the arbitration route where the delay experts appointed by the parties advise the tribunal on the extension of times entitlements of the parties. For this purpose, the identification and quantification of concurrent and pacing delays are integral aspects of resolving these disputes using a proper delay analysis methodology. The aim of the study is therefore, threefold. Firstly, the available literature on the concurrent and pacing delays are analyzed in detail to establish the principles for the evaluation of the concurrency and pacing delays. Secondly, a robust delay analysis methodology called ‘windows impact/update method’ is explained often used by the experts for the effective quantification of concurrent and pacing delays. This methodology is an improved version of time impact analysis and normal windows analysis. For better demonstration, the explanation of the methodology is facilitated with the help of a typical case study analysis. Finally, the principles of concurrency and pacing, as explained in the literature review, are promptly applied to the case study results to show the applicability of the analysis method on any types of delay disputes. The study shows the effectiveness of the windows impact/update method for the quantification of the concurrent and pacing delays.

Disputes resolution : can Bim help overcome barriers?

Many researchers consider disputes as part of the project lifecycle. Although preventative actions exist, it is not utterly possible to avoid them. Once the disputes arise, an appropriate resolution technique should be adopted. Common perception is referring to a resolution method either internally or via a third party; which may also be binding by law. The resolution process requires attention to the disputed claims. Hence, deep investigation of the claims and choosing the appropriate method is crucial for the successful project delivery and reputation of the industry.

Preparation of disputed claims and resolution process also faces many debates. Conducting To effective dispute resolution requires attention to proper preparation and presentation of the incurred events. All the required information should be acquired to estimate and present the claim, for a smooth settlement. As an integrated digital model of the project, BIM, stores all the information of the projects in detail. Retrieval of the required information for the disputed issues can easily be obtained from the model. It is also possible to embed the construction schedule, change orders and variations, specifications and financial data such as cash flow along with the multidisciplinary drawings. As this model stores all the information at every particular time and phase, disputes can be concluded quick and accurate.

In this research, using a case study and literature review, disputes and resolution processes are deeply studied. A BIM model is created to investigate benefits on overcoming the challenges; during claiming, and resolution of the disputes. It is seen that the claims are prepared faster and more accurate in a visualized environment provided by BIM. Furthermore, substantiating and presenting the disputes for the resolution purpose was incomparable to the traditional methods. The conclusions recommend that; even the project did not adopt a BIM model earlier; it can be created for a smooth process, during claiming and resolution of disputes.

The restorative role of apology in resolving medical disputes: Lessons from Chinese legal culture

This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation. The article further places the three-dimensional apology in the context of the Chinese concept of "the relations of humanity," arguing that an apology accompanying admission of fault and responsibility may help to restore the harmony of relations and, by so doing, resolve medical disputes positively.

Agreements and disputes over non-tariff measures

In trade agreements, governments can design remedies to ensure compliance (property rule) or to compensate victims (liability rule). This paper describes an economic framework to explain the pattern of remedies over non-tariff restrictions—particularly domestic subsidies and nonviolation complaints subject to liability rules. The key determinants of the contract form for any individual measure are the expected joint surplus from an agreement and the expected loss to the constrained government. The loss is higher for domestic subsidies and nonviolations because these are the policies most likely to correct domestic distortions. Governments choose property rules when expected gains from compliance are sufficiently high and expected losses to the constrained country are sufficiently low. Liability rules are preferable when dispute costs are relatively high, because inefficiencies in the compensation process reduce the number of socially inefficient disputes filed.

Foreign support, internal political disputes and mass killings

This paper studies the incentives underlying the relations between foreign countries and rival domestic groups. It models the interaction in a infinitely-repeated game between these three players. The domestic groups bargain for a split of the domestic surplus and may engage in violent dispute for power and in unilateral mass killing processes. The foreign country may choose to support one of these groups in exchange for monetary transfers. The paper characterizes the parametric set in which strategies leading to no violent disputes nor mass killings are Subgame Perfect Nash Equilibra in the presence of foreign support, but not in its absence.

Agrofuel policies in Brazil: paradigmatic and territorial disputes

The expansion of agrofuel crops challenges us to rethink policies, territories, human agency, and the paradigms used to explain them. In Brazil, policies supporting the expansion of agrofuel crops and the intensification of agrofuel production are reorganising rural land use and undermining some forms of participation in the capitalist and family modes of production. To reflect on this new reality, we study peasant movement reactions, proposals, and territorial disputes with agribusiness. Using the Pontal do Paranapanema region of São Paulo state as a case in point, the paper analyses territorial disputes between expanding sugarcane plantations and agrarian reform settlements as well as biodiesel production projects developed by the Landless Workers Movement (MST) and the Western São Paulo Federation of Settlement and Family Farmer Associations (FAAFOP). It also analyses the agrofuel policies of other peasant organisations, including Via Campesina. The production of agrofuels has changed the processes of land acquisition and use by both agribusiness and the peasantry, provoking new insights into the nature of territorial conflicts and thereby stimulating the need to revise perspectives on the agrarian question in Brazil.

TERRITORIAL DISPUTES, LABOUR RELATIONS and ENVIRONMENTAL HEALTH IN AGROHIDRONEGOCIO sugarcane IN THE PONTAL PARANAPANEMA (SP)

This research aims to analyze the conflict over land in Postal do Paranapanema (state of São Paulo, Brazil), considering the competition for water resources and the degradation of environmental health in the area called the agrohidronegocio sugarcane. The survey results indicate that the expansion of sugarcane cultivation in this region is causing the worsening health of workers. Moreover, the research also seeks to identify alternative models to the hegemonic project of regional development based on matrix agrohidroenergetica. For this, the research has as interlocutors various types of social movements such as the Landless Workers Movement and the Movement of Dam Affected, and union leaders.

Litigios pesqueros en América Latina = Fischeries disputes in Latin America

Incluye Bibliografía

Resolving international trade and investment disputes

Includes bibliography

The settlement of disputes under the WTO: the experience of Latin America and the Caribbean

Includes bibliography