949 resultados para Dispute settlement


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DUE TO COPYRIGHT RESTRICTIONS ONLY AVAILABLE FOR CONSULTATION AT ASTON UNIVERSITY LIBRARY AND INFORMATION SERVICES WITH PRIOR ARRANGEMENT

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This study examines some concerns that derive from Suriname‘s May-July 2010 elections, which resulted in the re-emergence of erstwhile military ruler and convicted drug trafficker, Désiré (Desi) Bouterse, as President of the Republic. The victory reflects Bouterse‘s political acumen in aggregating disparate political interests and in establishing a viable coalition government. But because of his history and profile, this triumph has generated anxiety in some places internationally. In this respect, the study examines anxieties related to three matters: (a) relations with Guyana, where there is an existing territorial dispute and a recently resolved maritime dispute, (b) illegal drug trafficking operations, and (c) foreign policy engagement with Venezuela. There has been a flurry of bilateral activities—including several presidential summits—with Guyana since President Bouterse‘s inauguration, albeit seemingly more about symbolism than substance. Although the maritime dispute was settled by a Tribunal of the United Nations Convention of the Law of the Sea in 2007, the 15,000 km2 New River Triangle is still unresolved. Indeed, in June 2011 President Bouterse reasserted Suriname‘s claim to the Triangle. Suriname has upped the ante in that dispute by portraying internationally the map of Suriname as inclusive of the disputed area. In all likelihood that self-redefinition slowly will become the country‘s cartographic definition in the eyes of the world if Guyana does not successfully rebuff that move or pursue the definitive settlement of the dispute. A geonarcotics assessment shows Suriname to be still heavily implicated in trafficking, because of geography, law enforcement limitations, corruption, and other factors. But despite Bouterse‘s drug-related history and that of former senior military officers, several reasons suggest the inexpediency of a narco-state being created by Bouterse. As well, as part of Suriname‘s pursuit of increased Caribbean and South American engagement, it has boosted relations with Venezuela, which has included it in PetroCaribe and provided housing and agricultural aid. However, the engagement appears to be driven more by pragmatism and less by any ideological affinity with Hugo Chavez.

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A life of piracy offered marginal men a profession with a degree of autonomy, despite the brand of "outlaw" and the fear of prosecution. At various times throughout history, governments and crowned heads suspended much of their piracy prosecution, licensing men to work as "privateers" for the state, supplementing naval forces. This practice has a long history, but in sixteenth-century England, Elizabeth I (1558-1603) significantly altered this tradition. Recognizing her own weakness in effectively prosecuting these men and the profit they could contribute to the government, Elizabeth began incorporating pirates into the English naval corps in peacetime—not just in war. This practice increased English naval resources, income, and presence in the emerging Atlantic World, but also increased conflict with the powerful Spanish empire. By 1605, making peace with Spain, James VI/I (1603-1625) retracted Elizabeth's privateering promotion, prompting an emigration of English seamen to the American outposts they had developed in the previous century. Now exiles, no longer beholden to the Crown, seamen reverted back to piracy. The Carolinas and Jamaica served as bases for these rover communities. In 1650, the revolutionary leader Oliver Cromwell (1649-1658) once again recognized the merits of such policies. Determined to demonstrate his authority and solidify his rule, Cromwell offered citizenship and state support to Caribbean exiles in exchange for their aiding of his navy in the taking of Spanish Jamaica. Official chartering of Port Royal, Jamaica served as reward for these men's efforts and as the culmination of a century-long cycle of piracy legislation, creating one of England's most lucrative colonies in the middle of a traditionally Spanish Caribbean empire. Through legal and diplomatic records, correspondence, and naval and demographic records from England and Spain, this dissertation explores early modern piracy/privateering policy and its impact on the development of the Atlantic World. European disputes and imperial competition converged in these piracy debates with significant consequences for the definitions of criminality and citizenship and for the development of Atlantic empire.

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The results of O'Kelly’s excavations on Beginish Island are reassessed and it is proposed that there was a long-lived settlement there that functioned as a Viking-age maritime way-station. This re-evaluation is conducted in the light of recent scholarship on the nature of Scandinavian and Hiberno-Scandinavian settlement in Ireland and, in part, is based on the finds that have emerged on Beginish since the conclusion of the excavations there. The site is considered in the context of its location on the sea route that joined Hiberno-Scandinavian Cork with Limerick, and it is suggested that other such way-stations await.

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In response to the increases in pCO2 projected in the 21st century, adult coral growth and calcification are expected to decrease significantly. However, no published studies have investigated the effect of elevated pCO2 on earlier life history stages of corals. Porites astreoides larvae were collected from reefs in Key Largo, Florida, USA, settled and reared in controlled saturation state seawater. Three saturation states were obtained, using 1 M HCl additions, corresponding to present (380 ppm) and projected pCO2 scenarios for the years 2065 (560 ppm) and 2100 (720 ppm). The effect of saturation state on settlement and post-settlement growth was evaluated. Saturation state had no significant effect on percent settlement; however, skeletal extension rate was positively correlated with saturation state, with ~50% and 78% reductions in growth at the mid and high pCO2 treatments compared to controls, respectively.

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Concern about the impacts of ocean acidification (OA) on ecosystem function has prompted many studies to focus on larval recruitment, demonstrating declines in settlement and early growth at elevated CO2 concentrations. Since larval settlement is often driven by particular cues governed by crustose coralline algae (CCA), it is important to determine whether OA reduces larval recruitment with specific CCA and the generality of any effects. We tested the effect of elevated CO2 on the survival and settlement of larvae from the common spawning coral Acropora selago with 3 ecologically important species of CCA, Porolithon onkodes, Sporolithon sp., and Titanoderma sp. After 3 d in no-choice laboratory assays at 447, 705, and 1214 µatm pCO2, the rates of coral settlement declined as pCO2 increased with all CCA taxa. The magnitude of the effect was highest with Titanoderma sp., decreasing by 87% from the ambient to highest CO2 treatment. In general, there were high rates of larval mortality, which were greater with the P. onkodes and Sporolithon sp. treatments (~80%) compared to the Titanoderma sp. treatment (65%). There was an increase in larval mortality as pCO2 increased, but this was variable among the CCA species. It appears that OA reduces coral settlement by rapidly altering the chemical cues associated with the CCA thalli and microbial community, and potentially by directly affecting larval viability.

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Sind in einem Sediment, das unter dem Einfluß einer Strömung abgelagert wurde, richtungsanzeigende Indikatoren vorhanden, so werden sie je nach den momentanen Bedingungen, die zur Zeit der Sedimentation herrschten, ein mehr oder weniger gutes Abbild der Strömungsverhältnisse liefern. Zahlreich sind Strömungsanzeiger organischen Ursprungs, wie z. B. Molluskenschalen u. a. Doch auch anorganische Partikel in Psephiten und Psammiten lassen häufig in ihrer Lagerung eine Abhängigkeit von der Strömungsrichtung erkennen: sie sind "geregelt". Die Autoren der verschiedenen Arbeiten, in denen Regelungen in klastischen Sedimenten untersucht wurden, gingen von der Tatsache aus, daß viele Sedimentpartikel statistisch gesehen keine Kugelform, sondern eine längliche Gestalt besitzen. Die langen Achsen dieser länglich geformten Sedimentkörner werden im folgenden als "Langachsen" bezeichnet. In Sanden sind es vor allem Quarzkörner von annähernd zylindrischer oder ellipsoidischer Form ("Langquarze"), die geeignet sind, durch die Lage ihrer Langachsen strömungsbedingte Regelungen anzuzeigen. Mit der Orientierung solcher Langquarze in marinen und fluviatilen Sanden haben sich bisher vorwiegend amerikanische Autoren befaßt. So untersuchten z. B. Dapples & Rominger (1945) die Sandsohle eines künstlichen Gerinnes. Sie stellten fest, daß die Hauptorientierungsrichtung der Langquarze mit der Strömungsrichtung des fließenden Wassers zusammenfiel. Dabei zeigte das spitze Ende tropfenförmiger ("polarer") Quarze stromab und das stumpfe Ende stromauf. Nanz (1955) maß die Langachsenrichtungen von Langquarzen in Sanden des nassen und trockenen Strandes von Texas und Florida und fand, daß sich diese Achsen vorwiegend parallel zur Auf- und Ablaufrichtung der Wellen und damit senkrecht zum Streichen der Strandlinie einregeln. Curray (1956 b) beobachtete die gleiche Regelung. Er wies ferner darauf hin, daß in Strandwällen und Strandhaken die bevorzugte Richtung der Langquarze senkrecht zum Streichen des Sedimentkörpers liegt. Zahlreiche weitere Autoren beschäftigten sich ebenfalls mit den Fragen der Langquarzregelung, so Schwarzacher (1951), Griffith & Rosenfeld (1953), Vollbrecht (1953), Rusnak (1956), Wendler (1956), Sriramadas (1957). Ganz allgemein war das Ergebnis aller dieser Untersuchungen, daß die aus einer Strömung abgelagerten Langquarze eine Regelung parallel zur Strömungsrichtung zeigen. Eigene Untersuchungen und Überlegungen ergaben, daß die bisher veröffentlichten Ergebnisse und die an sie angeschlossenen Vorstellungen z. T. bestätigt werden können, jedoch z. T. auch erheblich modifiziert werden müssen.

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The powers of the General Government are so much greater than those of the United States in its relations with the Local Governments, that the central power must win. The next quarter century was marked by struggle, or rather a series of struggles, between the Dominion Government and those of the various provinces with as a general rule contrary to Macdonal's expectations, the latter proving successful. Ontario was the most consistent opponent of centralizing tendencies; her most notably victory was scored in what is known as the Ontario-Manitoba Boundary Dispute. It is out intention to deal with this question primarily as a phase of post-Confederation politics.

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Attitudes towards legal authorities based on theories of procedural justice have been explored extensively in the criminal and civil justice systems. This has provided considerable empirical evidence concerning the importance of trust and legitimacy in generating cooperation, compliance and decision acceptance. However, not enough attention has been paid to attitudes towards institutions of informal dispute resolution. This paper asks whether the theory of procedural justice applies to the alternative dispute resolution (ADR) context, focusing on ombuds services. What are the predictors of perceptions of procedural justice during the process of dealing with an ombuds, and what factors shape outcome acceptance? These questions are analyzed using a sample of recent ombuds users. The results indicate that outcome favorability is highly correlated with perceived procedural justice, and both predict decision acceptance.

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The UK construction industry is notorious for the sheer amount of disputes which are likely to arise on each building and engineering project. Despite numerous creative attempts at “dispute avoidance” and “dispute resolution”, this industry is still plagued with these costly disputes. Whilst both academic literature and professional practices have investigated the causes of disputes and the mechanisms for avoidance/resolution of these disputes, neither has studied in any detail the nature of the construction disputes and why they develop as they do once a construction lawyer is engaged. Accordingly, this research explores the question of what influences the outcome of a construction dispute and to what extent do construction lawyers control or direct this outcome? The research approach was ethnographic. Fieldwork took place at a leading construction law firm in London over 18 months. The primary focus was participant observation in all of the firm’s activities. In addition, a database was compiled from the firm’s files and archives, thus providing information for quantitative analysis. The basis of the theoretical framework, and indeed the research method, was the Actor‐Network Theory (ANT). As such, this research viewed a dispute as a set of associations – an entity which takes form and acquires its attributes as a result of its relations with other entities. This viewpoint is aligned with relational contract theories, which in turn provides a unified platform for exploring the disputes. The research investigated the entities and events which appeared to influence the dispute’s identity, shape and outcome. With regard to a dispute’s trajectory, the research took as its starting point that a dispute follows the transformation of “naming, blaming, claiming…”, as identified by Felstiner, Abel and Sarat in 1980. The research found that construction disputes generally materialise and develop prior to any one of the parties approaching a lawyer. Once the lawyer is engaged, we see the reverse of the trajectory “naming, blaming, claiming…” this being: “claiming, blaming, naming…” The lawyers’ role is to identify or name (or rename) the dispute in the best possible light for their client in order to achieve the desired outcome – the development of which is akin to the design process. The transformation of a dispute and the reverse trajectory is by no means linear, but rather, iterative and spatial as it requires alliances, dependencies and contingencies to assemble and take the shape it does. The research concludes that construction disputes are rarely ever completely “resolved” as such. Whilst an independent third party may hand down a judgment, or the parties may reach a settlement agreement, this state is only temporal. Some construction disputes dissipate whist others reach a state of hibernation for a period of time only to pick up momentum and energy some years later. Accordingly, this research suggests that the concept of “dispute resolution” does not exist in the UK construction industry. The ultimate goal should be for parties to reach this ultimate and perpetual state of equilibrium as quickly and as cost effectively as possible: “dispute dissolution”, the slowing down of the dispute’s momentum. Rather than focusing on the design and assemblage of the dispute, the lawyers’ role therein is, or should be, to assist with the “disassembling” of the dispute.