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1

Alma, Banteo-Peningeo. "Amicable Settlement In Sabangan, Mountain Province." Multicultural Education 8, no. 3 (2022): 301. https://doi.org/10.5281/zenodo.6388118.

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<em>This study describes the practice of amicable settlement in Sabangan, Mountain Province. It specifically looked into the extent of implementation of different activities in the amicable settlement, the perceived effectiveness of the practice, and the experiences of the parties involved, and the community people in the administration of the amicable settlement. The qualitative-quantitative method was used to gather data through questionnaire, interview, and focus group discussion. It was found that necessary actions are justly applied to address issues and conflict. However, some members of the lupon do not actively participate in dispute resolution and are not thoroughly aware on the provisions of the KatarungangPambarangay Law, which is necessary and a guide in an amicable settlement. On the other hand, parties involved and witnesses are moderately satisfied with the accused&#39;s compliance with the penalty imposed during the settlement.&nbsp; </em>
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2

Ura, Paulina. "The party's influence on the resolution of the public administration orders in administrative proceedings." Polityka i Społeczeństwo 20, no. 4 (2022): 370–80. http://dx.doi.org/10.15584/polispol.2022.4.25.

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Mediation is one of the most popular dispute resolution methods. It is used in all areas of law, while it did not appear in administrative proceedings until 2017. The purpose of this study is to present the issues related to mediation in administrative proceedings, taking into account the influence of the party in shaping the decision of the public administration body. Mediation serves to implement the principle of amicable settlement of cases, thanks to which a party in administrative proceedings may directly influence a public administration body.
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3

Oseni, Umar Aimhanosi. "Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review." International Journal of Conflict Management 26, no. 2 (2015): 214–38. http://dx.doi.org/10.1108/ijcma-06-2012-0050.

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Purpose – The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach – This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court. Findings – The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region. Practical implications – An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives. Originality/value – As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.
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4

Bautista, Lowell. "The South China Sea Arbitral Award amidst Shifting Philippine Foreign Policy." Korean Journal of International and Comparative Law 6, no. 1 (2018): 47–65. http://dx.doi.org/10.1163/22134484-12340097.

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Abstract The South China Sea Arbitral Tribunal award was an overwhelming legal and moral victory for the Philippines. The arbitral tribunal categorically declared that China’s nine-dash line claim is incompatible with the UN Convention on the Law of the Sea. However, China’s defiance of the ruling and refusal to honor and implement the award pose a serious challenge to Manila’s victory. In addition, the astonishing shift in Philippine foreign policy direction, alongside the change in government, flouts the arbitral award and undermines previous State policies assertive of Philippine maritime and territorial claims in the South China Sea. The current direction of Philippine-China relations under Philippine President Rodrigo Duterte has demonstrated positive signs of improvement compared with acrimonious bilateral relations pursued by the previous Aquino administration. The arbitral award has largely been set aside in the government’s effort to restore amicable economic and diplomatic relations with China. This paper examines the South China Sea arbitral award amidst shifting Philippine foreign policy under the administration of President Rodrigo Duterte.
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5

Zienkiewicz, Adam. "Objectives of Mediation and Selection and Implementation of Mediation Strategies and Techniques by Mediators in Civil Disputes – Study Report (Part III – Interviews)." Studia Iuridica Lublinensia 32, no. 2 (2023): 303–32. http://dx.doi.org/10.17951/sil.2023.32.2.303-332.

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Studies of understanding and identification of mediation objectives, strategies and techniques and the effectiveness of mediation proceedings are justified from the cognitive and practical perspectives. The aim of this paper is to present the report of an empirical study, devoted to the subject matter mentioned above, conducted by the author as part of the scientific activity financed by the Polish National Science Centre. The paper is complex in nature – it deals with the research, concept and methodological threads. The empirical study was conducted in Poland, with Polish mediators participating in it, providing mediation services mainly in one of the Mediation Centres operating at District Chambers of Legal Advisors, making up the National Network of Legal Advisor Mediation Centres. However, considering the universal and utilitarian nature of the issue in hand, the comparative potential, originality and cognitive value of the study findings may be of interest to both Polish and international scientists and practitioners of mediation as an amicable form of holistic legal dispute management. Given the scope and depth of the issues addressed, the article is divided into three parts. This text (part III) contains significant, selected data gleaned from in-depth interviews with mediators, as well as their concise discussion and major conclusions and the summary of the whole scientific activity.
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6

Bangroo, Apoorva, Akshay Malhotra, and Anupreet Kaur. "Bio-Inspired Synthesis of Zinc and Zinc Oxide Nanoparticles and Their Administration in Biomedical Sphere: An Overview." Trends in Pharmaceuticals and Nanotechnology 4, no. 2 (2022): 35–48. http://dx.doi.org/10.46610/tpnt.2022.v04i02.005.

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As of late, an organic methodology of combining nanomaterials through ecological green-based procedures including regular materials, for example, plants, microscopic organisms, parasites, ocean growth, polysaccharides, biodegradable polymers, e-waste, plant-mediated things, and green methodology has persisted to be utilized as an elective technique for the combination of zinc and zinc oxide nanoparticles. Besides expanding energy for proficient green science, biosynthetic procedures intended for creating nanoparticles have stimulated many intrigues since they are ecologically amicable, no intermediate addition of stabilizing agent, less costly, and clean innovation. They neither include perilous synthetic concoctions nor have impurities and consequences. Of these bio-elements, plant concentrates have extraordinary consideration because of their capacity to decrease and balance out metal nanoparticles in a solitary advanced combination utilizing their regular qualities. This owes to their multitudinous and convoluted compositions, natural organic Phyto- ingredients biomolecules being in- factory separates (alkaloids, flavonoids, polyphenols, terpenoids, and tannins) as reducing as well as stabilizing instrumentalities. Primarily, this paper gives revived check of zinc oxide nanoparticles and the changes, headlines, and current employments of verdant ways exercising natural coffers. Farther, this review aims to analogize colourful hiatuses and terminations of conflation and characterization styles. Also, this review has covered biomedical operations with emphasis on cancer treatment, anti-microbial exertion, and medicine quittance fields.
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7

Selfi Asruri, Putri Amanda, Nanza Turianda, and Siti Salamah Br Ginting. "Sosialisasi Pola Asuh Yang Tepat Untuk Pembentukan Karakter Anak Usia Dini Di Desa Bandar Magodang Kecamatan Bintang Bayu." JPMNT : JURNAL PENGABDIAN MASYARAKAT NIAN TANA 2, no. 1 (2023): 73–81. http://dx.doi.org/10.59603/jpmnt.v2i1.261.

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The main consider youth improvement is parental inclusion. Proper nurturing is nurturing that includes guardians in fostering the kid's personality. The justification behind this Provincial Government is to extend the data of guardians in teaching kids by grasping the kid's personality first. Prior to deciding a nurturing style, guardians should initially perceive their kid's personality to accomplish amicable and adjusted nurturing. Kids' advancement is incredibly affected by guardians' nurturing styles. The procedure for completing this activity is a fascinating examination utilizing talk and Q &amp; A methods. The method for completing local area administration comprises of three phases, specifically readiness, execution and evaluation. The subjects of this help were the gatekeepers and occupants of Bandar Magodang City, Bintang Bayu Area who were held tight August 19 2023 of every one of the inhabitants' homes. After the coaching exercise, the guardians comprehend that it is vital to figure out the youngster's credits first, so later the guardians can understand what sort of care can be utilized thinking about that care affects the kid's turn of events.
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8

Carlevaris, Andrea, Philine Nau, and Hannah Tümpel. "The 2015 ICC Expert Rules." ASA Bulletin 33, Issue 3 (2015): 485–93. http://dx.doi.org/10.54648/asab2015041.

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International economic transactions are constantly growing and evolving. As a consequence, dispute resolution services must be prepared to respond to the new challenges and needs of the global market. With this in mind, the ICC Commission on Arbitration and ADR adopted new Expert Rules, under which the ICC Centre for ADR provides distinct services relating to experts and neutrals in numerous technical and legal areas. The three new sets of Expert Rules provide for proposal, appointment and case administration services respectively. The changes are also intended to bring the Expert Rules in line with the 2012 ICC Arbitration Rules and with the 2014 ICC Mediation Rules. In this article, the authors provide an overview of the new Rules, detailing the main changes that were introduced and how the Rules may interact with ICC Arbitration, Mediation, Dispute Board, and DOCDEX proceedings. The new Expert Rules make for ideal tools in various types of proceedings and at any stage thereof. As such, expert-related services are not only a great complement to amicable dispute resolution, arbitration and court proceedings, but can also serve as an autonomous dispute resolution tool.
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9

Kashiwabara, Keigo. "Opini Publik dan Politik Luar Negeri: Sikap Masyarakat Indonesia terhadap ODA Jepang dalam Proyek PLTA Koto Panjang dan Hubungan Bilateral Indonesia-Jepang." Indonesian Perspective 1, no. 1 (2016): 43–62. http://dx.doi.org/10.14710/ip.v1i1.10478.

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Japan has been playing an important role in the international society, especially in the field of the development of developing countries, through its ODA (Official Development Assistance). Indonesia, which has the biggest economic potential in Southeast Asia, is the largest recipient of Japanese ODA. Economic cooperation through ODA now functions as the core of the amicable bilateral relations between the two countries. However, ODA alternatively has had some negative aspects on its recipients. Some of the ODA projects (called Mondai-ankens) have actually triggered various problems at project sites and have consequently afflicted the local people. The most well-known mondai-anken that aroused national discussion on ODA policy is Koto Panjang Hydropower Plant Project implemented in Riau Province, in 1991-1997. The local community has been critical of Japanese ODA since the implementation of the project, which was done in a coercive manner under the Soeharto administration, caused costly damage to the local people such as poverty, scarcity of food, environmental destructuion, and so on. Although the mondai-anken issue caused considerable damage to the recipient country’s people, and the local commnity filed a complaint to the donor country, this issue had no political impact to the bilateral relations between the two countries.Keywords: ODA (Official Depelopment Assistance), Mondai-anken, Economic cooperation, Japan, Indonesia
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10

Acosta, Fernando. "À propos des illégalismes privilégiés. Réflexions conceptuelles et mise en contexte." Criminologie 21, no. 1 (2005): 7–34. http://dx.doi.org/10.7202/017256ar.

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The resolution of conflicts in a society can be seen as a complex network of interactions between various relatively autonomous official control systems. The place occupied by the criminal law as well as its role within this network are larg e -ly determined by the nature of its relations with the other control systems. Based on these theoretical premises, developed in recent socio-juridical studies, this article advances a number of conceptual proposals aimed at clarifying a question that has been the subject of theoretical and political controversy in the field of criminology for about half a century. It is the question of the exclusion, total or partial, of certain particular forms of illegalities from penal intervention. The principal characteristic of these illegalities lies in the fact that they have a broad range of forms of control (civil, administrative proceedings and particularly amicable arrangements). The control of illicit activities in five areas of social life examined in the second part of the study (the business world, public administration, public health, the environment and health and safety in the workplace) show this characteristic very clearly. In conclusion, the author advances a number of arguments that tend to illustrate the profoundly illusory nature of any attempt at control of the above-mentioned illicit activities by intervention of the criminal law.
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11

Suriyankietkaew, Suparak, and Gayle C. Avery. "Leadership practices influencing stakeholder satisfaction in Thai SMEs." Asia-Pacific Journal of Business Administration 6, no. 3 (2014): 247–61. http://dx.doi.org/10.1108/apjba-01-2014-0010.

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Purpose – The purpose of this paper is to investigate the leadership and management practices that positively affect stakeholder satisfaction, an under-studied area important for both academic researchers and leaders. Relationships between 23 leadership and management practices and overall stakeholder satisfaction (OSS) were examined. Design/methodology/approach – Avery and Bergsteiner ' s (2010, 2011a) sustainable leadership (SL) model provided the theoretical framework for a cross-sectional survey research design used to gather empirical data from 439 managers of small- and medium-sized enterprises (SMEs) in Thailand. Findings – Results show all SL practices except financial market orientation were significantly related to OSS, and the more an organisation adopts significant SL practices, the higher the OSS is likely to be. The particular SL practices that positively predicted enhanced OSS were amicable labour relations, staff retention, strong and shared vision, strategic and systemic innovation, and high staff engagement and quality. Research limitations/implications – Future research should further examine relationships between SL practices and a range of organisational performance outcomes in different contexts, as well as the relationship between SL practices and sustainable human resource management (SHRM), and between SHRM and stakeholder satisfaction. Practical implications – The findings provide guidance on which SL practices to adopt for managers of SMEs in Thailand and possibly in other countries, who wish to improve their stakeholder satisfaction and sustain their business success. Social implications – Policy makers may gain insights into practices that drive performance in SMEs, a strong force in many economies. Originality/value – This study extends current knowledge of leadership and management practices that positively predict enhanced stakeholder satisfaction, an area in which empirical evidence has to date been largely lacking.
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12

Singh, Krishan veer. "Influence of Ecological Marketing on Society: Emerging Challenges & Opportunities." International Journal of Modern Agriculture 9, no. 3 (2020): 389–96. http://dx.doi.org/10.17762/ijma.v9i3.163.

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This Article capability in imitation of consigning facts about the impact of inexperienced promoting about class then theirs shopping for conduct. There is a bit explanation in the back of ecological mindfulness; Ecological object includes, Ecological development workout routines and Ecological worth influence charge buying administration of the customers into assured manner. Ecological transformation, practicing environmental awareness, ecological assurance, realistic access over life, thrifty turn regarding events, ensuring our floor yet a bunch extra has grown to be an attribute surprise into our everyday age according to day existence. Ecological Marketing in any other case known as organic showcasing then natural advertising and marketing have come to be an imperative concern of the current quickest rising world. Makers atop the ball are confused upstairs the declining government over the condition or as a result proclaiming the rate over rigid improvement about the economy. In a simple or genuine manner, Ecological marketing does stand characterized namely the showcasing on objects to that amount are dared in conformity with remain naturally sheltered or ground benevolent. This demand bill endeavors after discovering the most perfect ramifications yet significance regarding Ecological promoting. With the end result on that paper, the promoting wish arrives greater secure and the buyers desire to have a safe or situation amicable ingress according to the items. The aftereffect over that resolution delivery note intention help within limiting the wastages then construction circumstance slick, taintless yet safe.
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13

Suhail, Muhammad Hassan, and Othman Abdul Aziz Saleh. "Bukhar Khadat: the Princes of Bukhara Until the Year 301 AH / 913 AD." Dirasat: Human and Social Sciences 50, no. 6 (2023): 61–71. http://dx.doi.org/10.35516/hum.v50i6.7035.

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Objectives: This study aims to highlight the political significance of the Bukhara Khadat by translating their biographies, detailing their rule duration, their involvement in historical events, and their relationship with Arab rule after the conquest of Bukhara in the year 90 AH. It also examines their interactions with Arab Muslim rulers and their political and economic standing.&#x0D; Methods: The study employs a descriptive analytical approach that analyzes historical narratives and links them to significant historical events. The family's history is meticulously examined, primarily relying on Al-Narshakhi's "The History of Bukhara," completed in 358 AH (968 AD). This information is used to analyze the family's history in the context of recent historical events.&#x0D; Results: The study reveals that the Bukhara Khadat lineage held authority in Bukhara until 301 AH (913 AD). They played a vital role in the city's development, contributing to its urban and economic growth. They even minted coins bearing their images. Following the Arab conquest, the Bukhara Khadat collaborated with the conquerors, fostering amicable relations. They actively participated in the city's political and economic administration, assimilating into the Arab-Islamic culture.&#x0D; Conclusions: The study covers the biographies and rule periods of the nine rulers who governed Bukhara. It also explores the historical events they experienced and participated in alongside the Abbasid caliphate. Their political role ended with the accession of Samanid Prince Ismail and the integration of Bukhara into the Samanid emirate in 301 AH (913 CE).
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14

Nasiadka, Łukasz. "Potencjał mediacyjny spraw administracyjnych." Studia Prawa Publicznego, no. 4 (48) (December 31, 2024): 81–97. https://doi.org/10.14746/spp.2024.4.48.4.

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Mediation was introduced into general administrative proceedings by the Act of 7 April 2017 amending the Act - Code of Administrative Procedure and certain other acts, and was finally regulated in Chapter 5a of Section II of the CAP. At present, public administration bodies, in cases whose nature allows to do so, seek amicable settlements of disputed issues and aim to determine the rights and obligations which are the subject of the proceedings, in matters within their jurisdiction, in particular, by taking actions necessary for mediation. Mediation as a way of settling administrative law cases is not developing as dynamically in Polish practice as the legislator expected. One of the reasons for this state of affairs is the lack of a clear definition of the catalogue of cases in which mediation is possible and justified. At the same time, administrative mediation is not a legally unlimited construction. Its use has been limited by the legislator through prerequisites, i.e. legal requirements on which its legal admissibility depends. The key in this respect was to determine the prospects for concluding mediation in the mode specified in Article 96a § 3 of the CAP, i.e. by issuing a decision acceptable to the parties to the proceedings or concluding an administrative settlement. The study attempted to apply various criteria, such as the ways in which the proceedings were initiated, their subject matter, the state of progress of the investigation and the different categories of participants. On the basis of these, the ‘mediation potential’ of administrative cases was sought.
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15

AKANKSHA, SAXENA AND MANISH DHINGRA. "Examining the Impact of Employee Relations on Employee Retention in the Context of Higher Education Institutes (HEI)." Indian Commerce Association 77, no. 3 (2024): 1–27. https://doi.org/10.5281/zenodo.14352457.

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Employee relations are one of the critical essential components of hierarchical execution, success, and maintainability. Enviable employee relations result in profoundly dedicated, propelled, and steadfast workers in the associations. Keeping up with and encouraging great relations between employers and employees can make an amicable air. Invariability at work not only aids in protecting the interests of employers and employees but also advances the dynamic improvement of the association. To guarantee the supportability of amicable employee relations, endeavors to fortify these two gatherings should be offered consideration. Employee relations that target laying out and keeping a warm association among employees and the organization, directors, and among employees have been at the focal point of consideration as far back as a decade. The adverse consequences of employer-employee relations, an employer who neglects to comprehend issues concerning his employees probably won&rsquo;t make longterm progress in his undertaking. Employee turnover is a significant issue in higher education that can result in a deficiency of ability and experience, diminished efficiency, and inflated costs for enrollment and new staff preparation. The literature suggests that the primary factors contributing to the high rate of employee turnover among employees working in higher education are low salaries and benefits, a lack of career growth opportunities, a well-balanced work life, poor leadership, and a lack of communication. Many academic employees are concerned about leaving their current employers because of these factors, which can result in a lack of career fulfillment, and inspiration, and a sense of career stagnation. In light of the fact that employees are the most important resource for any organization, this study aims to investigate and analyze a literature review on employee retention strategies of higher education institutions. It aims to determine the factors influencing and attempting to quantify employee retention. In this review, the sample was gathered from different employees of various higher education institutes situated in Lucknow, by a self-regulated questionnaire based on the random sampling method (RSM). The assessment was done by quantifiable assessments in SPSS. The study&rsquo;s findings confirm that higher education institutions (HEI) need to foster areas of strength between management and employees, establish a decent open climate, and urge representatives to fill in collectively without segregation. Additionally, this paper gives bits of knowledge into the difficulties faced by institutes in retaining their academic employees and the need to carry out methodologies to further improve retention. Besides, this study likewise gives different suggestions to the top administration of the colleges to give regard alongside worth and appreciation, give a sound workplace and occupation configuration, place employees as per their abilities, and give vocation valuable learning experiences to retain a quality workforce by making them committed and secured. Accordingly, higher education institutions can lessen the expenses related to employee turnover and affirm that they have experienced and talented employees to convey highquality education and research. Additionally, future recommendations have been made for researchers who are interested in the subject.
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16

Lipinsky, V. V., and І. О. Skvirsky. "Some directions of improvement of ways of interpretation of procedural administrative-tort legal norms of the customs legislation." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 154–61. http://dx.doi.org/10.24144/2307-3322.2021.66.26.

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Having studied the peculiarities of interpretation of administrative-tort provisions of customs legislation establishing the procedure for proceedings on violations of customs rules, the author, in particular, expresses the opinion that in order to ensure the legality and validity of the decision to impose administrative penalties through the correct determination of the circumstances of the case and the applicable law as well as through the choice of a fair type and amount of administrative penalty – the customs legislation on the right to explain the alleged offense and comment on the case should be interpreted in a way that the person prosecuted should be given sufficient time and procedural opportunities to express their position on the legal substantiation of the allegation that they committed an offense and on the proposed penalty, as well as to provide evidence on the circumstances of the case. Also, the author substantiates that the model of termination of proceedings in customs rules violation case on the basis of a compromise, introduced in the customs legislation, needs to be radically improved, because it is built so that this tool of customs administration does not correspond to its nature and purpose since under the current customs law this model demands unconditional admission of guilt and imposition of possible type and amount of administrative penalty, which is unchangeable according to negotiated mutual concessions. Moreover, the motivation of offenders to conclude amicable agreements with customs authorities is limited to avoiding stricter penalties for repeated offenses, which is incompatible with the principle of inevitability of liability and may devalue the progressive increase in penalties. In addition, the author proposes ways to expand the interpretation of customs law on the temporary seizure of goods, vehicles and documents to maximize the protection of property rights of enterprises, which in light of the circumstances may be unreasonable and disproportionate.
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17

Babawale, Gabriel Kayode. "Improving the Equity Component of the Lagos State Land Use Charge (2018) for Enhanced Property Tax Yields." Built Environment Journal 16, no. 2 (2019): 27. http://dx.doi.org/10.24191/bej.v16i2.9694.

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Property tax has remained a subject of recurrent debate amongst policy makers, scholars, public officials, real estate valuers, and other stakeholders, virtually everywhere over the years. The contention centres on issues such as the tax base, tax incidence, efficiency, and particularly, equity or fairness, among others. Qualities like ease of collection, difficulty of avoidance, accountability, and transparency etc., that ordinarily mark out property tax as a good tax in principle, are often compromised by controversial policies and mal-administration, particularly the latter. The new Lagos State Land Use Charge2018 (LUC, 2018) came into force effective January, 2018. Ina similar version that its immediate predecessor, the Land Use Charge2001 (LUC, 2001), attracted spontaneous and widespread protests on promulgation, the criticisms and protests that greeted the passage LUC (2018)has been vehement and remained unabated until the government was forced, like it did with the erstwhile law, to succumb to substantial but arbitrary reductions in rates and allowances across board (at two different times to date) but without a formal amendment to the law; an exact replica of what transpired under the erstwhile law and which opened it to abuse and arbitrary implementation with its compliance and revenue yields implications. The last of these reductions which took place in August saw a whopping 50%, and 25% cut in assessed rates on commercial properties and industrial properties, respectively. This study employed the doctrinal research methodology whereby the valuation or assessment aspect of the LUC (2018) was diagnosed with a view to finding amicable resolutions to the equity problem that virtually crippled the effectiveness of LUC (2001) over its seventeen years of existence and is already threatening the survival of the new LUC (2018). Keywords: assessment criteria, equity and fairness, Land Use Charge (2018), property tax.
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18

SAXENA, AKANKSHA, and MANISH DHINGRA. "Examining the Impact of Employee Relations on Employee Retention in the Context of Higher Education Institutes (HEI)." Indian Commerce Association 77, no. 04 (2024): 1–23. https://doi.org/10.63665/ica.v77i04.02.

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Employee relations are one of the critical essential components of hierarchical execution, success, and maintainability. Enviable employee relations result in profoundly dedicated, propelled, and steadfast workers in the associations. Keeping up with and encouraging great relations between employers and employees can make an amicable air. Invariability at work not only aids in protecting the interests of employers and employees but also advances the dynamic improvement of the association. The adverse consequences of employer-employee relations, an employer who neglects to comprehend issues concerning his employees probably won’t make long-term progress in his undertaking. In light of the fact that employees are the most important resource for any organization, this study aims to investigate and analyze a literature review on employee retention strategies of higher education institutions. It aims to determine the factors influencing and attempting to quantify employee retention. In this review, the sample was gathered from different employees of various higher education institutes situated in Lucknow, by a self-regulated questionnaire based on the random sampling method (RSM). The assessment was done by quantifiable assessments in SPSS. The study’s findings confirm that higher education institutions (HEI) need to foster areas of strength between management and employees, establish a decent open climate, and urge representatives to fill in collectively without segregation. Additionally, this paper gives bits of knowledge into the difficulties faced by institutes in retaining their academic employees and the need to carry out methodologies to further improve retention. Besides, this study likewise gives different suggestions to the top administration of the colleges to give regard alongside worth and appreciation, give a sound workplace and occupation configuration, place employees as per their abilities, and give vocation valuable learning experiences to retain a quality workforce by making them committed and secured. Accordingly, higher education institutions can lessen the expenses related to employee turnover and affirm that they have experienced and talented employees to convey highquality education and research. Additionally, future recommendations have been made for researchers who are interested in the subject
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19

Mroczyński-Szmaj, Łukasz. "The Constitutional Status of the Amicable Judiciary (Arbitration) and the Right to a Trial in the Context of the Concept of “Administration of Justice” in the Constitution of the Republic of Poland of 1997. Selected Aspects of the Definition and Doctrine." Przegląd Prawa Konstytucyjnego 64, no. 6 (2021): 63–77. http://dx.doi.org/10.15804/ppk.2021.06.05.

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20

BOUKHAROUBA, Keltoum. "CONCIALIATION AS AN ALTERNATIVE MECHANISM ‎FOR SETTLING ADMINISTRATIVE DISPUTES ‎." International Journal of Humanities and Educational Research 03, no. 06 (2021): 384–92. http://dx.doi.org/10.47832/2757-5403.6-3.27.

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The administration issues unilateral administrative decisions, which makes it the strong party, ‎ensuring its independence from the administrative judiciary by not interfering in its affairs as ‎it is a public authority‏.‏ Perhaps the best thing that the legislator did was when he approved, alongside the ‎administrative judiciary sector, alternative mechanisms for resolving the dispute amicably in ‎the Civil and Administrative Procedures Law, since the administrative judiciary costs them ‎many and costly difficulties, especially the long and complex procedures, and the difficulty of ‎implementing administrative rulings and judicial decisions.‎ These mechanisms for settling administrative disputes are to solve problems amicably between ‎litigants: conciliation, mediation and arbitration.‎ We will discuss the conciliation mechanism, treating it from the angle of the legal position of ‎the administrative judge as an original party‎
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21

Rasera, Frédéric. "Des puissants effets de l’appartenance professionnelle sur la sociabilité amicale." Genèses 127, no. 2 (2022): 83–104. http://dx.doi.org/10.3917/gen.127.0083.

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22

Sartori, Paolo. "The Evolution of Third-Party Mediation in Sharīʿa Courts in 19th- and early 20th-century Central Asia". Journal of the Economic and Social History of the Orient 54, № 3 (2011): 311–52. http://dx.doi.org/10.1163/156852011x587416.

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AbstractWhile in the Ottoman Empire reconciling disputing parties insharīʿacourts occurred without the direct involvement of state officials, in modern Central Asia functionaries appointed by the ruler’s chancellery acted as mediators and mediation procedures were consistent with the state’s intervention in the resolution of a conflict. This ended with Russian colonization. Conflict resolution was left to thesharīʿacourts; mediation continued to be important but state appointees were no longer officially involved in bringing it about. The Russian colonial and Soviet administrations made the community responsible for seeking amicable settlements. Only afterwards did they realize how easy this made it for local groups to circumvent the state’s supervision.
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Diter, Kevin. "« Un vrai copain, c’est un copain qui est vrai avec toi ! »." Genèses 131, no. 2 (2023): 81–106. http://dx.doi.org/10.3917/gen.131.0081.

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Cet article examine les principes à partir desquels les filles et les garçons en viennent à distinguer les différents niveaux des relations amicales, et la place qu’y joue la sincérité. Il montre tout d’abord que la sincérité n’est pas attendue pour toutes les relations affectives. Elle concerne principalement les relations amicales les plus proches, celles qui comptent le plus aux yeux des enfants. Il montre ensuite que la sincérité repose, le plus souvent, sur deux exigences : l’implication et la réciprocité d’une part, et « être vrai », d’autre part. Si ces deux principes sont présents chez les un·es et les autres, ils se conjuguent différemment selon leur genre et leur origine sociale.
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Tabernacka, Magdalena. "Mediatorzy i instytucje mediacyjne w otoczeniu administracji." Przegląd Prawa i Administracji 111 (February 28, 2018): 183–96. http://dx.doi.org/10.19195/0137-1134.111.12.

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MEDIATORS AND MEDIATION BODIES SURROUNDED BY THE ENVIRONMENT ADMINISTRATIONSince 1 June 2017, mediations in administration have astatutory foundation in the provisions of the code of administrative proceedings. Mediator’s actions, which, according to Art. 96 of the code are to help parties to adispute to settle it amicably affect the administrative bodies’ jurispru­dence. It can thus be expected that, as was the case with criminal and civil legal proceedings, medi­ators will become an indispensable part of the administrative office environment, and that mediation itself will influence the organizational culture of the public administration offices. Mediator, being the part of the environment of apublic institution, acts as alink between the organization and its specific and general surroundings. Their specific role should be considered from axiological and communicative as well as praxeological perspective. The conflicts in which public administration bodies are engaged due to their fulfilment of the law dictates the specificity of interactions between these bodies and their environment. This environment is highly dynamic, therefore mediators can be counted as the task environment for such bodies. Since it is not possible to predict all the factors influencing the body’s activity, such as the frequency with which different cases are filed, from the praxeological perspective the mediator’s participation in the court proceedings, as an organ operat­ing outside the administrative structures, is justified.
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25

Okoroafor, Sunday. "Impact of Land Disputes on Rural Poverty and Community Development in Abia State, Nigeria." Social Science and Law Journal of Policy Review and Development Strategies 11, no. 1 (2025): 166–78. https://doi.org/10.48028/iiprds/ssljprds.v11.i1.13.

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Land disputes in Nigeria, particularly in Abia State, have severe socioeconomic consequences, devastating communities and hindering human capital and infrastructure development. This study reviews existing literature on the impact of land disputes on rural poverty and community development in Abia State, employing historical and descriptive research design based on qualitative data collection and analysis methods. The findings reveal that land disputes are a pervasive issue in Abia State, caused by various interconnected factors, including ambiguities in customary land tenure, territorial boundary conflicts, succession-related conflicts, land acquisition and development-related disputes, and inadequacies in land administration. These disputes have led to reduced agricultural productivity, food insecurity, and poverty among rural households. To address land disputes in Abia State, the government should enhance land administration by investing in digital registration systems and training administrators. Additionally, establishing alternative dispute resolution mechanisms, such as community-based mediation centers, can help resolve disputes amicably. Promoting sustainable land use practices, like agroforestry and conservation agriculture, and supporting community-led land use planning can also prevent conflicts. Finally, improving access to essential resources, including land, water, and credit facilities, is vital to reduce poverty and improve agricultural productivity.
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Conrad, M. Mubaraka, Agaba Moses, and J. Ng'ang'a Ngige. "A Computer-Aided Justice Management System: A prototype for Universities in Uganda." International Journal of Engineering Research & Science 5, no. 4 (2019): 10–17. https://doi.org/10.5281/zenodo.2654554.

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<strong><em>Abstract</em></strong><strong>&mdash;</strong> <em>Justice Management in any organisation is recipe for proper management and organisational prosperity. As error is to human, disputes are inevitable but should be resolved amicably. With a focus on higher institutions of learning justice administration and management is handy in managing competition and so profit maximization especially in the current privatization of higher education. The study aimed at designing a prototype for universities which ultimately helps local citizens to interpret law. Six universities were purposively selected and a cross sectional and design science research methodology employed. The study found that if improved the proposed justice management system would significantly reduce the prevailing challenges of case backlog, losses and postponed hearing records, timely and responsiveness of summons among others. However, in future the small messaging system (SMS) enabled systems could also be considered together with translator into major local languages</em><em>.</em>
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27

Rissoan, Odile. "Les relations amicales des jeunes : un analyseur des trajectoires sociales lors du passage à l'âge adulte." Genèses 54, no. 1 (2004): 148. http://dx.doi.org/10.3917/gen.054.0148.

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28

Fisette, Jacques, and Mustapha Salmi. "Le désengagement de l’État en Afrique et les initiatives locales : la naissance de nouvelles formes de partenariat." Cahiers de géographie du Québec 35, no. 95 (2005): 349–68. http://dx.doi.org/10.7202/022182ar.

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La plupart des pays africains font face à des problèmes économiques d'une ampleur sans précédent; les gouvernements, faute de moyens, ne sont plus en mesure de fournir aux populations les services sociaux essentiels, les services publics et les infrastuctures. Les chercheurs ont eu tendance à porter la discussion sur les faiblesses institutionnelles des Etats africains et la nécessité de construire un État fort autour d'une administration centralisée. En ce sens, les chercheurs ont partagé ce que l'on appelle ici le « paradigme de l'engagement » de l'État. Dans la discussion nous avons voulu montrer comment les individus et les groupes sociaux, face au « désengagement » de l'État, s'ajustent, développent de nouvelles stratégies de survie et de nouveaux arrangements organisationnels, et ainsi créent de nouveaux centres de dialogue et d'assistance mutuelle. Trois exemples sont rapportés: 1) les amicales de quartier au Maroc; 2) les nouvelles formes de partenariat public-privé dans le domaine du transport urbain à Casablanca et à Rabat; 3) les associations villageoises au Sénégal.
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Sugarman, Wan. "PENYELESAIAN SENGKETA AKIBAT KEADAAN MEMAKSA (FORCE MAJEURE) PADA PERJANJIAN KEPEMILIKAN RUMAH ANTARA PENGEMBANG DENGAN KONSUMENNYA (Studi Pada PT. Revalindo Cipta Mandiri)." UNES Law Review 3, no. 1 (2020): 13–21. http://dx.doi.org/10.31933/unesrev.v3i1.141.

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As stipulated in Law Number 1 of 2011 concerning Housing and Settlement Areas, the state is responsible for protecting the entire Indonesian nation through the implementation of housing and settlement areas so that people, especially low-income people, can live and inhabit decent and affordable houses inside. a healthy, safe, harmonious and sustainable environment throughout Indonesia. In order to fulfill the housing administration, the government also expects community self-sufficiency through developer companies. This research is a descriptive analytical study, with a normative juridical approach as the main approach and empirical juridical as a support. The data used are secondary data and primary data collected through library research and field studies with interview techniques. The analysis was carried out qualitatively and presented in a qualitative descriptive form. Based on the results of the research that has been analyzed, it can be concluded that, first, the developer will attempt to resolve disputes with consumers caused by force majeure by means of peaceful negotiations. Second, before the peace negotiations are carried out, the developer will prepare a negotiation strategy such as taking inventory of potential disputes. Third, prepare a dispute resolution mechanism so that it is hoped that it can be resolved peacefully and amicably. Fourth, the developer of PT. Revalindo Cipta Mandiri will continue to build the Griya Dwitama Housing which was abandoned due to the earthquake, because the developer has spent little capital to start the housing development.
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30

Verdad, Jayson. "Mediating Disputes in the Barangays: The Work World of Lupon Chiefs." International Journal of Law and Politics Studies 6, no. 5 (2024): 205–25. http://dx.doi.org/10.32996/ijlps.2024.6.5.11.

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Conflicts are resolved when destructive behavior is reduced, and hostile attitudes are reduced. Accordingly, dispute management can be directed towards dispute resolution. Disputes among communities are necessarily part of human conditions. The court's role was to settle disputes concerning the two opposing parties' rights and interests, suitability, and judgment. However, in most countries worldwide, the court system has become overpopulated in the twentieth century, especially in civil litigation or civil law issues. This correctional system occurs within a setting known as the barangay justice system. It reflects a formal recognition of historical dispute resolution and socialization practices. In the Philippines, minor disputes and criminal offenses are required to be "amicably settled" by the barangay leader or captain without the presence of lawyers (Metillo et al., 2022). This study explored the experiences of the Chiefs of Lupong Tagapamayapa in barangay justice administration in the coastal areas of Northern Iloilo, Philippines, through a qualitative research method. The informants of this study were the selected ten (10) chiefs of the Lupong Tagapamayapa. All participants were subjected to an individual in-depth interview. The findings of this study are described in emergent themes. Six (6) emergent themes described the positive and negative experiences of the participants in barangay justice administration. For the positive experiences, three (3) emergent themes were developed, namely Personal Satisfaction from Resolving Conflicts, Influence on Community Peace, and Resolution and Avoidance of Legal Proceedings. For the negative experiences, three (3) emergent themes were also developed, to wit: Frustration with Unresolved Conflicts, Legal Impediments and Personal Limitations, and Non-compliance and Lack of Cooperation. Meanwhile, three (3) emergent themes were formulated to explain how the participants address the challenges encountered by the informants in the administration of the barangay justice, namely: Further Assessment and Understanding of Issues, Seeking Legal Guidance with the Higher Authorities, and Psychological Strategies and Personal Involvement. Finally, three (3) emergent themes were created to express the aspirations of the participants to enhance the quality of services they provided in the barangay justice system, to wit: Continuous Learning and Personal Development, Embodying Integrity and Leading by Example, and Provision of Compensation and Incentives. Based on the emergent themes identified, it is recommended that the Katarungang Pambarangay system be rendered more effective, equitable, and efficient by implementing the requisite training and development programs for its chiefs and members.
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31

Zuure, David Naya. "Indigenous Conflict Resolution and Peace-Building among the Nabdam of Ghana." 2018 International Conference on Multidisciplinary Research 2020 (December 31, 2020): 181–200. http://dx.doi.org/10.26803/myres.2020.13.

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Harmonious living is an essential ingredient for the progress of every society. This requires that conflicts which are a natural part of human life are amicably resolved when they arise. Largely, people have the options of resorting to the statuary courts system or indigenous approaches which are rooted in the customs and traditions of societies for the resolution of conflicts. This study examined the indigenous conflict resolution, peace-building and human rights among the Nabdam of Ghana using the descriptive design within the qualitative research paradigm. It involved thirty persons from the area consisting chiefs, elders, and individuals who have employed the approach in resolving their disputes. The instruments of interview, focused group discussion, and observation were deployed to gather data for the respondents. It emerged from the study that the Nabdam indigenous approach to conflicts resolution has four stages which are structured and followed to achieve peace-building and the recognition of human rights of persons involved in the process. It was therefore considered important for the indigenous approach to be strengthened and promoted by the government of Ghana in all societies in the country so as to achieve peace-building. It also emerged from the study that the Nabdam indigenous conflict resolution approach has no formal place for the involvement of women in its administration even though they were found to be effective in managing disputes especially those involving women. It was therefore concluded that women should be formally involved in the application of the approach.
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32

Thomas, Benjamin Jeganathan. "Improving English Language Teaching in Sri Lankan Schools: Past Pupils' Contribution." International Journal of Multidisciplinary Research and Analysis 05, no. 04 (2022): 869–79. https://doi.org/10.5281/zenodo.6501063.

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This paper presents the finding of a study that investigated the relationship between the contribution of alumni of schools towards the revival and promotion of English language teaching and the learning process in Sri Lankan schools. The main objective of this endeavour is to find out the impact of policies in obtaining the contributions of the past pupils. A non-experimental cross-sectional research design was used in gathering data. Primary and secondary data, focus group discussions and interviews were used to gather information from past pupils in three provinces in Sri Lanka i.e. Western, Uva and Central provinces. The instrument was tested with sixty &ndash;two past pupils of ten schools of 1AB and 1C status. The sample includes Government Schools, Semi-Government schools and Government approved Private schools. According to the focus group discussions that were carried out, the voluntary services of the past pupils is turned down or discouraged by certain administrators of schools citing clauses in circulars issued by the educational authorities. Hence this study on Improving English Language Teaching in Sri Lankan Schools: Past Pupils&rsquo; Contribution is aimed in addressing the related concerns and suggesting practical guidelines to mitigate the issue. Obtaining the voluntary services of the past pupils professionally and amicably; revising the circulars to obtain a better service from the past pupils, and encouraging the past pupils&#39; Associations to function independently while building up a better rapport with the administration of the school in addition to providing the School Principals with the necessary training to work with the past pupils are suggested as a part of recommendations in this paper. This paper serves a part of the initial purpose of the main research of which the Researcher is a team member.
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33

Maratul Husna, Elimartati Elimartati, and Nofialdi Nofialdi. "Tinjauan Hukum Keluarga Islam Terhadap Problematika Poligami Siri di Kabupaten Tanah Datar." Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi 1, no. 3 (2024): 146–64. http://dx.doi.org/10.62383/federalisme.v1i3.66.

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The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.
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34

Abdul-Malak, Mohamed-Asem U., and Siba J. Jaber. "OPPORTUNITIES FOR ATTEMPTING AMICABLE SETTLEMENT ALONG THE CLAIM/DISPUTE TIMELINE." Proceedings of International Structural Engineering and Construction 3, no. 1 (2016). http://dx.doi.org/10.14455/isec.res.2016.51.

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Claims and disputes are considered an inevitable consequence of the construction process, and project participants are becoming more aware of their costly and lengthy resolution process. The conditions of contract normally include procedures for the submittal, administration and resolution of claims, while it is widely recognized that attempting to resolve claims/disputes through amicable settlement as opposed to arbitration or litigation can save on a lot of time and money. This paper presents a critical analysis of the windows of opportunities offered under both the 1987 and 1999 FIDIC conditions of contract for attempting to resolve claims/disputes amicably. It first focuses on the 56-day period specifically dedicated for attempting an amicable resolution of disputes and highlights the possibilities of effectively stretching this period in more than one way. It further explores the opportunities available at the earlier stages of the claim/dispute timeline, before a claim is escalated to the level of a dispute.
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35

ANDERSEN, DAVID. "Impartial Administration and Peaceful Agrarian Reform: The Foundations for Democracy in Scandinavia." American Political Science Review, March 22, 2023, 1–15. http://dx.doi.org/10.1017/s0003055423000205.

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Why was the route to democracy in Scandinavia extraordinarily stable? This paper answers this question by studying Scandinavia’s eighteenth- and early nineteenth-century peaceful agrarian reforms, which contributed to auspicious state–society relations that made democracy progress relatively smoothly. Based on comparisons with contemporary France and Prussia and process-tracing evidence, the paper shows that Scandinavia achieved relatively extensive and peaceful agrarian reforms because of relatively high levels of meritocratic recruitment to the central administration and state control over local administration, which ensured impartial policymaking and implementation. These findings challenge prevailing theories of democratization, demonstrating that the Scandinavian countries represent an alternative, amicable path to democracy led by civil servants who attempt to transform their country socioeconomically. Thus, strong state-cum-weak society countries likely have better odds of achieving stable democracy than weak state-cum-weak society countries. However, building bureaucratic state administrations alongside autonomous political societies is probably a safer road to democracy.
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36

"National Logistics Policies." International Journal of Advanced Research in Science and Technology, 2024, 1428–33. http://dx.doi.org/10.62226/ijarst20241343.

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The Coordinated operations Area carries out a major role in working with Home grown and Worldwide exchange, filling in as a necessary hyperlink interfacing various businesses and guaranteeing the consistent progression of things and administrations. To procure this, the coordinated factors region requires climate amicable transportation frameworks, gigantic stock organization through distribution centres, smoothed out data stream, trustworthy customer administration, and most effective guide usage. With an end goal to convey genuinely necessary updates in the planned operations area, the Indian specialists have conveyed huge strategies. On 17th, September 2022, Our State head Narendra Modi Divulged the "Public Coordinated operations Strategy 2022", which plans to amplify the nation's substitute area. This inclusion record features the difficulties going through the Indian coordinated operations venture and layouts the actions that the specialists plan to take to handle them. The Public Operations Strategy components explicit movement plans, which incorporates drives to upgrade import and commodity coordinated factors, area explicit designs for excellent strategies the board, the improvement of an inherent computerized operations framework, the appearance of a bound together strategies interface stage, the advancing of coordinated operations park advancement, normalization of consistent resources, benchmarking of supplier extraordinary principles, specialists responsibilities, human helpful asset and likely turn of events, and improvement of import and product coordinated factors.
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ALI, ANFAL ISAM, and Waleed Mirza Al-Makhzoumy. "Legislative Vacuum Manifestations in the Amicable Settlement Provisions of Administrative Contract Disputes in Iraqi law (Arbitration as a Model)." Journal of Posthumanism 5, no. 5 (2025). https://doi.org/10.63332/joph.v5i5.1991.

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Due to the economic developments, the administrative activity expansion, the public projects magnitude and their strategic importance and for investment encouragement purposes, countries often tend to organize alternative means of settling disputes arising from administrative contracts that are relatively more flexible and fast compared to judicial procedures and perhaps the most important of this means is arbitration. In Iraq, although it is a major destination for investment, especially in the oil, energy and reconstruction sectors. The legislator did not seek to find a comprehensive and clear organization for arbitration that may be applied to all types of contracts concluded by the General Administration. This study focuses on the most important manifestations of the legislative vacuum in the arbitration provisions of the administrative contracts, as it assumes the existence of a legislative vacuum in the Iraqi legal organization, which affects the arbitration’s validity and the legitimacy of its procedures and weakens confidence’s effectiveness in settling the dispute. The aim of this study is to present the most prominent manifestations of the legislative vacuum while proposing the necessary legislative solutions to address this vacuum in order to establish the appropriate legal environment to resolve administrative contractual disputes through alternative means. The study’s most important findings are the absence of a law for arbitration in administrative contracts of all kinds and that what was organized regarding arbitration within the Public Contracts Law No. 87 for the year 2004. The Government Contracts Implementation Instructions No. 2 of 2014 applies exclusively to specific types of contracts due to the large exceptions contained therein. The Iraqi legislator, although expressed its willingness to adopt the means of amicable settlement through arbitration. The legislative capabilities were unable to meet them, as the legislator's vision is still inaccurate and ambiguous in this regard, which calls for the enactment of a special law on arbitration in administrative contracts that would ensure a fair mechanism for settling disputes and encourage confidence in contracting with the administration and then improve the national legal environment in line with international obligations, ensuring competitive advantages to attract investments and achieve economic development in the country in a manner that does not conflict with the privacy and purpose of administrative contracts.
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Thang, Nguyen Chi. "Investor-State Dispute Settlement Mechanism in Vietnam’s New Generation Free Trade Agreements – Challenges and Recommendations." Lex Scientia Law Review 7, no. 2 (2023). http://dx.doi.org/10.15294/lesrev.v7i2.70577.

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In the recent years, Vietnam's attraction to foreign investment capital has increased rapidly. As a result, the disputes in the field of foreign investment have emerged more frequently. The fact that a dispute occurs between the government of the host country and a foreign investors, regardless of its cause, will bring adverse consequences to both parties. Amicable settlement of such disputes is an important factor to improve the efficiency of foreign investment, maintaining the trust between the host country and foreign investors. Therefore, stipulating commitments on the dispute settlement mechanism for international investment in multilateral free trade agreements such as Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Vietnam - EU Investment Protection Agreement (EVIPA), and Regional Comprehensive Economic Partnership (RCEP) are indispensable. Therefore, in this context, the paper studies the investor-state dispute settlement (ISDS) mechanism in new-generation free trade agreements to which Vietnam is a member, namely EVIPA, CPTPP, RCEP; accordingly, the paper proposes some recommendations to Vietnam.
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39

Ntando Ncamane. "THE ADMINISTRATION OF SOCIAL SECURITY IN THE MIDST OF COVID-19: A NEED FOR A SPECIALISED AND INDEPENDENT SOCIAL SECURITY ADJUDICATION SYSTEM IN SOUTH AFRICA." Obiter 43, no. 4 (2023). http://dx.doi.org/10.17159/obiter.v43i4.15413.

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The spread of the Coronavirus has had an adverse effect in many parts of the world including South Africa. Many people contracted the disease, and some even died. It is worth mentioning that to date, people are still contracting and dying from this disease. Related consequences that came with the management of the disease have had dire repercussions both on the economy of the country and social conditions of many, in particular the impoverished. In a bid to circumvent the socio-economic hardships given birth to by the disease the State made provision for a number of social relief measures to improve the conditions of those who were at the plight of poverty. These social relief measures had their own shortcomings, such as mismanagement of allocated funds, fraud and maladministration. These shortcomings left the intended beneficiaries destitute. At this point those affected by such discrepancies had no recourse available to them due to lack of awareness, lengthy adjudication processes, exorbitant legal fees and most importantly the lack of an independent social security adjudication system to solely deal with matters of this nature. The lack of an independent social security adjudication system invites quite a number of constitutional breaches such as the breach of the right to social security and the right of access to courts and in turn, has a bearing on socio-economic rights during this era of the pandemic. In an endeavour to provide amicable solutions to the above shortcomings, this article suggests that the pandemic necessitated the implementation of the long-called-for establishment of an independent social security adjudication system which will only deal with social-security-related matters. To amplify the need for an independent social security adjudication system the article makes recommendations to this effect. It is worth mentioning that the article was written at the height of Covid-19 and when the lockdown regulations were still in force and effective, this is thus reflective in the contents of the article.
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Dr, Rudrarup Gupta, and Niyogi Paulami. "The Needful Post COVID-19 Paradigm of Road Safety Ensures an Amicable Societal Continuance." January 1, 2023. https://doi.org/10.5281/zenodo.7590143.

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<strong>We the most rational human being does aspire for hazardless progressions of lives at all times. Therefore, they do try to ensure all the needful precautions in their most precious proceedings right from day one. On the other hand, common people do desire to elevate their collective education along with the absolute learning of both security and safety in all over the globe. Because this is such learning which may bring out the most even life based upon their communal aspirations in all the regards. People do have to move to a specific destination from another and that is the reason why they firmly do opt for transport without any second thought. The concepts of &ldquo;Meticulous Transportation and Road Safety&rdquo; are truly impactful not only to save our aspiring lives but to bring out the exclusive revolution in entrenching safety amongst the entire human fraternity. The actual fact is that almost every domestic family is having their personal vehicle and they do utilize their personal transport quite frequently. Present day statistics says that road accidents do take place and it is one of the very significant issues of present transport system indeed. As a result plenty of people are being hopeless because they have been losing their very precious lives uncontrollable road crashes and unwanted human behaviours respectively. Both leaders and administrators are not in a position to keep their moral commitments but they are trying to refine the &ldquo;Traffic System&rdquo; at every now and then. Thus the notion of &ldquo;Road Safety Management&rdquo; should immediately be implemented in all the &ldquo;Business Schools&rdquo; in their approved academic curriculum because this issue must be detected and consequentially prevented to protect human lives very confidently.</strong>
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41

Ramli, M., Nur Mega Aris Saputra, Wahyu Nanda Eka Saputra, and Fifi Khoirul Fitriyah. "The Psychometric Device of the Scale of Cultural Intelligence in the Context of Social Media for Indonesian Adolescents." South Eastern European Journal of Public Health, September 2, 2024, 499–511. http://dx.doi.org/10.70135/seejph.vi.881.

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Through social media, any individual can interact with individuals from numerous cultural foundations. One element that becomes significant in maintaining amicable correspondence on social media is cultural intelligence. As a psychometric device, the objective of this examination was to make and approve the Scale of Cultural Intelligence in the Context of Social Media (SCIcSM). Very little exploration has been finished to foster a device for assessing cultural intelligence in the setting of social media. A trial of develop legitimacy was administered to 1,000 understudies in Malang, Indonesia. The 20-thing SCIcSM is delegated great, careful, and proper with the model according to the information investigation using the Rasch model. The SCIcSM was viewed as a pertinent and reliable instrument for assessing understudies' social media-based cultural intelligence. The results and commitments to the advancement of direction and counseling administrations are shrouded in this article.
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42

Home, Robert, and Nicole Bauer. "Researchers working with city administrations: Reflecting on transdisciplinary collaboration under conditions of shared goals but different constraints." Urban Ecosystems, July 23, 2021. http://dx.doi.org/10.1007/s11252-021-01146-y.

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AbstractAcademics and city administrations generally agree that environmental management decisions should be science based, which suggests the value of collaboration between city officials and researchers. Such collaboration, termed “ecology with cities”, is an example of translational ecology that should integrate ecological and social sciences to inform decision-makers. However, there has been insufficient reflection on whether ecology with cities achieves the expected development of practical social-ecological knowledge for the common good. We addressed this gap by asking city officials and researchers, in Switzerland and with whom we have collaborated in the past, about their motivations for, and experiences with, transdisciplinary collaboration. The respondents reported largely overlapping goals and an awareness of the mutual benefits of accessing the skills and resources of the other group. However, the reflections also unearthed latent tensions related to insufficient mutual awareness of institutional boundaries and limitations. We conclude that researchers should try to include collaboration partners who have experience in translational ecology practice and should establish learning processes early in a collaboration. Building good working relationships with city administrations and establishing such processes would facilitate the creation of realistic mutual expectations in which institutional limitations are considered so that common goals of maintaining or improving the ecological quality of cities can be amicably reached.
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Ogol, O. Jared, and W. Thinguri Ruth. "A CRITICAL ANALYSIS OF THE IMPACT OF HEADTEACHER'S AND DEPUTY HEADTEACHERS CONFLICT DEVELOPMENT ON TEAM WORK IN PUBLIC PRIMARY SCHOOL IN KENYA." European Journal of Education Studies 3, no. 4 (2017). https://doi.org/10.5281/zenodo.439980.

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The research study critically analyzed the impact of head teacher&rsquo;s and deputy head teacher&rsquo;s conflict development on team works in public primary school in Kenya. The study sought to establish the root causes of conflicts among the head teachers and deputy head teachers, perceptions of the stakeholders on the head teacher&rsquo;s and deputy head teachers, impact of the conflict resolution measures between the head teacher&rsquo;s and deputy head teachers on team work in public primary school in Kenya. Leadership challenges leading to chronic conflicts that has persisted in public primary schools and in high rise according to ministry of education report. Always conflicts occur whenever disagreement exists in a social setup between individuals or group and negotiations has become a song in the public schools in Kenya. The researchers sought to justify that in dead there exist a great disagreement between head teacher&rsquo;s and deputy head teacher&rsquo;s an issue that must be urgently addressed and if not taken serious might adversely effect on team work at work places. Also, the research sought to justify that conflicts leads to social desertification. Demoralization, stress, unhappiness, frustration and a sense of low self-esteem this is a thriving factor to disunity and weakens the bond of team work in an organization. The study defined the team head teacher, deputy head teacher&rsquo;s highlighting their major roles in a lear5ning institution and to the community and to all education stakeholders. The study was based on team work theory so called Bruce tuck man theory of 1965 enriched by START TEAM MODEL. This theory had four main stages titled forming, storming, norming and performing. The head teacher&rsquo;s do not only recognize the fact that they formed a group with their deputies. The time they were put together so they must focus on their individual strengths since there was need to bring out goals of the school they lead in order to make a difference in academic arena. The head teacher&rsquo;s and deputy head teacher&rsquo;s required a strong bond between them and other staff and insubordinate staffs to facilitate happiness that was necessary for team work at work place. The researchers used content reviews and desk analysis function design. The design was preferred since it facilitated more critical analysis than the statistically qualitative methods used in the same qualitative studies. The study found major causes of conflict development between head teacher&rsquo;s and deputy head teachers to be inadequate information, different personalities/ value and characters, experience/ qualifications s, access to superiors, limited resources, role conflicts, poor work conditions, administration styles used by leaders, favoritism, tribalism and nepotism practiced by leaders. Most deputies unlike head teachers had no operational space called offices and whenever the head teachers was absent, the offices remained locked and keyed. Findings also found that most head teacher never trusted their deputies with the resources, finances and personnel an issue that cannot facilitate team work in a working place. The findings of the study was that all stake holders perceptions in the persistence conflict development between the head teachers and deputy head teachers was that it diversely affect team work, academic performance, social relationship and reputation and ought to be done away with completely. The study recommended that the school heads and their deputy head teachers to be trained on conflict prevention measures, management strategies and resolution skills in order to prevent, manage and resolve them in amicable way to facilitate team work at work places. The researchers further recommended the introduction of teaching of controversial issues at teacher colleges and in universities for both undergraduates and postgraduates pursuing educational causes in order to bring up teachers who are well conversant on how to live with controversy. The researchers also recommended the establishment of resolution committee of qualified, experienced personals at school level; help improve the working relationship between head teachers and deputy head teachers to reduce the rising rate of conflict development in public primary schools in Kenya.
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Chanila, Daudi Simon, and Johnas Amon Buhori. "Examining the Benefits and Challenges of the Diversion Programme as a Mechanism to Enhancing Juvenile Justice Administration in Dar es Salaam, Tanzania." HURIA JOURNAL OF THE OPEN UNIVERSITY OF TANZANIA 30, no. 1 (2024). http://dx.doi.org/10.61538/huria.v30i1.1480.

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This study is informed by goal number four, target one of the Sustainable Development Goals (SDGs), on the increase of accessible, equitable, and quality primary and secondary education by 2030. The intended outcome of this goal cannot be achieved in Tanzania when juveniles who fall in conflict with the law are left out of the mainstream of education. The study utilized a cross-sectional design, which embraces the qualitative approach. Its data were obtained through purposeful sampling techniques (convenient and snowballing sampling), in which twenty-eighty respondents participated. The data collection techniques used were in-depth interviews and focus group discussions. The ATLAS.ti 9 software was employed during qualitative data analysis. The main findings reveal that the diversion programme effectively addresses juveniles' educational needs and mitigates associated stigma and retribution. Furthermore, it helps in amicably solving the juveniles' problem due to assessment of individual juveniles, generating suitable tailor-made interventions. Challenges obtained were that police officers still used much force during the arrest, and some would demand bribes; the traditional system was lengthy and cumbersome; there was a shortage of workforce and buildings; limited financial resources and equipment; and some juveniles and actors did not know the programme. The article concludes that the diversion programme is vital to achieving education for all as envisaged by the SDGs. It further recommends capacity building to all social actors on the importance of diversion, mobilization of resources, and researchers should be encouraged to conduct studies in JJA, in particular indigenous models and practice of the diversion programme.
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Joseph, KITUNGANO WALUMONA, BARAKA MITIMA Josué, BAKILONGO MWELWA Félix, et al. "DETERMINANTS D'ACCES A L'EMPLOI PUBLIC DE JEUNES UNIVERSITAIRES A BUKAVU." International Journal of Strategic Management and Economic Studies (IJSMES) - ISSN: 2791-299X 2, no. 1 (2023). https://doi.org/10.5281/zenodo.7703069.

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Des Etats jeunes en d&eacute;mocratie &eacute;prouvent de s&eacute;rieux probl&egrave;mes de gestion de la cit&eacute;. C&rsquo;est dans ce sens qu&rsquo;on observe une r&eacute;elle crise de management et de citoyennet&eacute; au sein de l&rsquo;administration publique en R&eacute;publique D&eacute;mocratique du Congo en g&eacute;n&eacute;ral et en particulier la Province du Sud-Kivu en d&eacute;pit de pl&eacute;thorique instruments juridiques tant nationaux qu&rsquo;internationaux. (Kitungano W, 2021) soutient que nombreux parmi ceux qui nous dirigent font preuve, au jour le jour, d&rsquo;une ignorance crasse ; certains ne sont nullement &agrave; la hauteur des fonctions qui leur ont &eacute;t&eacute; confi&eacute;es et la population qui ignore les m&eacute;canismes de fonctionnement de la res publica croit, h&eacute;las, en eux. Ils g&egrave;rent les services publics comme leurs affaires priv&eacute;es. Or, le poisson pourrit par la t&ecirc;te dit-on. La question suivante m&eacute;rite d&rsquo;&ecirc;tre pos&eacute;e : Quels sont les facteurs qui influencent l&#39;acc&egrave;s &agrave; l&#39;emploi public de jeunes universitaires &agrave; Bukavu ? A la r&eacute;ponse &agrave; cette question, nous pensons que l&rsquo;acc&egrave;s &agrave; l&rsquo;emploi public est conditionn&eacute; aux antivaleurs selon l&rsquo;ordre que voici : l&rsquo;appartenance aux partis politiques au pouvoir, le tribalisme, les liens familiaux et professionnels, les relations amicales, etc. En effet, la population de notre &eacute;tude est constitu&eacute;e des &eacute;tudiants finalistes, repr&eacute;sent&eacute;s par un &eacute;chantillon al&eacute;atoire de 150 personnes. Pour v&eacute;rifier les r&eacute;sultats, nous avons recouru &agrave; la m&eacute;thode mixte et aux techniques documentaire, de questionnaire, d&rsquo;observation, etc. Les r&eacute;sultats obtenus rel&egrave;vent que les crit&egrave;res de recrutement au sein du service public sont notamment l&rsquo;appartenance &agrave; un parti politique, le tribalisme, l&rsquo;influence familiale, les relations amicales et intimes, etc. Ainsi, sur base des r&eacute;sultats obtenus, notre hypoth&egrave;se formul&eacute;e est v&eacute;rifi&eacute;e.
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Jeganathan, Thomas Benjamin. "Improving English Language Teaching in Sri Lankan Schools: Past Pupils’ Contribution." International Journal of Multidisciplinary Research and Analysis 05, no. 04 (2022). http://dx.doi.org/10.47191/ijmra/v5-i4-18.

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This paper presents the finding of a study that investigated the relationship between the contribution of alumni of schools towards the revival and promotion of English language teaching and the learning process in Sri Lankan schools. The main objective of this endeavour is to find out the impact of policies in obtaining the contributions of the past pupils. A non-experimental cross-sectional research design was used in gathering data. Primary and secondary data, focus group discussions and interviews were used to gather information from past pupils in three provinces in Sri Lanka i.e. Western, Uva and Central provinces. The instrument was tested with sixty –two past pupils of ten schools of 1AB and 1C status. The sample includes Government Schools, Semi-Government schools and Government approved Private schools. According to the focus group discussions that were carried out, the voluntary services of the past pupils is turned down or discouraged by certain administrators of schools citing clauses in circulars issued by the educational authorities. Hence this study on Improving English Language Teaching in Sri Lankan Schools: Past Pupils’ Contribution is aimed in addressing the related concerns and suggesting practical guidelines to mitigate the issue. Obtaining the voluntary services of the past pupils professionally and amicably; revising the circulars to obtain a better service from the past pupils, and encouraging the past pupils' Associations to function independently while building up a better rapport with the administration of the school in addition to providing the School Principals with the necessary training to work with the past pupils are suggested as a part of recommendations in this paper. This paper serves a part of the initial purpose of the main research of which the Researcher is a team member.
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Manpreet Kaur, Dr. "An Overview Of The Dispute Resolution Mechanism And The Different Types Of Methods Adopted In India To Resolve The Disputes With Its Pros And Cons." African journal of biomedical research, 2024. https://doi.org/10.53555/ajbr.v27i4s.6153.

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Although law and literature are different branches of social science, yet they are common in many aspects both gave an utmost importance to humanity and treat all humans as equal. Literature and law have both facilitated the development of human beings and also have played a very important role and acted as a catalyst in evolving societal norms. Literature has always facilitated smooth functioning of law.it is difficult to imagine a human society without conflict of interests. Just like human conflicts are inevitable so equal inevitable are the disputes and for resolving these disputes there is a legal system in every society. Dispute resolution is an essential element of social peace and harmony1. With the evolution of modern states and sophisticated legal systems, Courts run on very formal lines and presided over by trained judges, came to be almost exclusively entrusted with the responsibility of resolution of disputes. With the increase in number of cases because of high degree of formalization, the pace of administration of disputes became time consuming which lead to a search for a complete mechanism to the court process for speedy resolution of disputes. From all the attention it has received, one can assume that it is a new concept but it is based on a long and age-old tradition in India to resolve the disputes outside the formal legal system. Alternative dispute resolution (ADR) sometimes called 'Appropriate Dispute Resolution, is a general term referring to modes of conflict resolution other than those associated with courts and tribunals. ADR includes a mixed bag of activities ranging from adjudication and formal, binding arbitration to informal, open door policies, with intermediate possibilities including mediation, conciliation, and Ombudsman schemes2. The paper will discuss in detail the dispute resolution mechanism and the different types of methods adopted in India to resolve the disputes amicably outside the courts.
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48

Lazina, Hossain Neshe. "TESOL : Empirical study on child education development in China." September 3, 2019. https://doi.org/10.5281/zenodo.3384353.

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<strong><em>Abstract</em></strong> : <em>This article displays the consequences of an examination concerning the spot of English in the educational plan in China. &nbsp;The examination shows that the development of English as a worldwide language &nbsp;is having significant effect on approaches and practices in all nations &nbsp;reviewed. Be that as it may, it likewise uncovers critical issues, including perplexity and irregularity, at the degree of arrangement, especially with respect to the &nbsp;issue of period of beginning guidance, imbalance in regards to access to compelling &nbsp;language guidance, deficiently prepared and talented educators, and a &nbsp;disjunction between educational plan talk and academic reality.</em> <strong><em>Keywords</em></strong><em>:</em><em> TESOL, Child, education, china</em> &nbsp; <strong>Introduction</strong> The image of TESOL in the People&#39;s Republic of China is perplexing since China has a general populace of 1.3 billion individuals, which comprises of 56 ethnic gatherings, and furthermore a profoundly heterogeneous etymological setting. The predominant Han (汉)- bunch contains 91.5 % of the all out populace and talks almost 2,000 particular tongues or subdialects (Li 2006). The other 55 ethnic minority gatherings, including Mongolian, Tibetan, Uyghur, and Zhuang, communicate in more than 290 dialects (Lewis 2009). This part centers around bilingual training programs for ethnic minority understudies and Chinese-English TESOL ones being advanced generally in China&#39;s standard schools and colleges. The primary sort of TESOL projects were a piece of an administration drove instructive crusade at the foundation of the People&#39;s Republic of China in 1949 to give training chances to ethnic minority gatherings (for a typology of bilingual training for Chinese minorities, see Dai and Cheng 2007). These projects expected to create ethnic minority understudies&#39; bilingual capability in the national standard Chinese language (i.e., in its verbally expressed structure as Putonghua and in its composed structure as Standard Written Chinese) and their own ethnic dialects. Thusly, it was trusted that these ethnic minority understudies could be coordinated into the standard Chinese society and simultaneously keep up their very own social and phonetic honesty. The ascent of Chinese-English bilingual training occurred after the execution of the monetary change and open entryway strategy in 1978. Over the most recent couple of decades, the learning of English has been viewed as urgent for China&#39;s monetary advancement and worldwide commitment (Gao 2012). As English is educated as a school subject in a setting where genuine chances to utilize it are restricted, there has been developing disappointment with the viability of the conventional English language instructing. To address the issue, an assortment of activities have been attempted, including English drenching programs and the utilization of English as mode of guidance (MOI). Since the national standard Chinese is the legitimately endorsed MOI, instructive activities that utilization English as a MOI are designated &quot;bilingual training&quot; to stretch the way that standard Chinese is likewise utilized so they can pick up resilience from governments at different levels. In 2001, the Ministry of Education (MOE) issued an official order which commands 5&ndash;10 % of college courses ought to be offered in English (MOE 2001). Despite the fact that this mandate is just identified with Chinese colleges, it has been broadly observed as a strategy that supports Chinese-English bilingual training (Yu 2008). In this manner, these activities to coordinate the learning of English into the learning of specific scholastic subjects, alluded to as bilingual training in China, have been developing quickly crosswise over China and &quot;TESOL has progressed toward becoming piece of the regular jargon &hellip; of educationists &hellip; [and] common individuals&quot; (Feng 2005, p. 530). <strong>Major Contributions and Work in Progress</strong> The improvement of TESOL programs for ethnic minority understudies has experienced various stages since 1949 (see Dai and Dong 2001 for a chronicled survey). After the foundation of the People&#39;s Republic of China, the primary constitution in 1952 concurred correspondence to every single ethnic gathering and unequivocally expressed that, &quot;Each ethnic gathering has the opportunity to utilize and build up its own language and content&quot; (refered to in Lam 2005, p. 125). In light of such approach talks, the utilization of minority dialects in instruction was secured and upheld as a type of acknowledgment of ethnic minorities&#39; phonetic and social rights. An incredible number of etymological examinations were attempted to classify, institutionalize, and create ethnic minority dialects for instruction purposes from 1949 to 1957. Training materials were likewise accumulated in, or converted into, these recently systematized minority dialects with the goal that ethnic minority understudies could be taught in their own local dialects. As of now, TESOL programs for ethnic minority understudies to a great extent concentrated on building up these understudies&#39; ability in minority dialects (Dai and Dong 2001). During the wild times of the Great Leap Forward development (1958&ndash;1959) and the Cultural Revolution (1966&ndash;1976), the national standard Chinese was forced on minority training with the expectation to supplant minority dialects in the bilingual projects in order to accomplish snappy &quot;etymological union&quot; and &quot;ethnic amalgamation&quot; (Zhou 2012). Minority dialects were stifled and renounced as &quot;futile&quot; and &quot;in reverse&quot; and the practices to teach in local ethnic minority dialects were changed to monolingual Chinese training (Dai and Dong 2001). After the Cultural Revolution (from 1978 onwards), there was a recovery of TESOLfor ethnic minority understudies. Seeing the hesitance in advancing ethnic dialects during the initial couple of years after the Cultural Revolution, Ma and Dai (1980) straightforwardly contended for the criticalness of ethnic minority dialects and societies in communist improvement. They battled that TESOLensured minority understudies&#39; phonetic and social rights, which was helpful for China&#39;s keeping up of ethnic solidarity and social soundness as a country. The 1982 Constitution, in this manner, reaffirmed the legal privileges of minority gatherings to utilize and build up their very own dialects and societies. The 1984 Law on Regional Autonomy for Minority Nationalities and the 1986 Compulsory Education Law of the People&#39;s Republic of China likewise unequivocally stipulated the rights for minority understudies to get training in their own local dialects. With the underwriting of enactment, the improvement and preliminary utilization of ethnic composed dialects was reestablished in numerous minority self-ruling locales and enormous scale tries in bilingual educating were led in schools for ethnic minority understudies. By 1985, 2.5 million understudies and 160,000 schools were occupied with TESOL(Lin 1997). Deciphered minority language course books added up to 1800 sets and 80 million volumes by 1991 (Lin 1997). Be that as it may, since Putonghua turned out to be broadly acknowledged as &quot;the normal language for financial and social trades and regular contacts among all people groups in China&quot; (Dai and Dong 2001, p. 36), and further recognized by laws as the basic discourse for every single ethnic gathering in China, instruction for ethnic minority gatherings did not tilt only to either minority dialects or Putonghua. Rather, bilingual training projects stressed the improvement of Min-Han Jiantong (民汉兼通) bilinguals &ndash; the learning of the national Chinese language and one minority language that was usually utilized in ethnic minority areas or spots to accomplish familiarity with both the national and ethnic dialects (Dai and Dong 2001). Transitional bilingual training practices were recorded in exact investigations on the rise of all inclusive schools for minority understudies (Chen 2008; Postiglione et al. 2007) and the converge of minority primary language schools with Chinese schools in the Xingjiang Uyghur Autonomous Region (Ma 2009; Tsung and Cruickshank 2009). For instance, Postiglione et al. (2007) considered the act of neidiban (內地班) tutoring for auxiliary Tibetan understudies (sending Tibetan youngsters to live-in schools in inland China to develop Zang-Han Jiantong bilinguals藏汉兼通). Concentrates, for example, Wang (2011) and Tsung et al. (2012) inspected the recorded advancement of TESOLin the ethnic and socially enhanced area of southwest Yunnan and gave an account of the effect of the ascent of Chinese on bilingual training. The investigation noticed that there were numerous steady language arrangements and measures, for example, the legitimation and advancement of bilingual proficiency, the improvement of bilingual educational plan, the supporting of local language status in auxiliary assessments, and the strategy of remunerating bilingual instructors during the 1980s. These strategies help authentic ethnic local dialects in bilingual training and hence TESOL had been very much created. <strong>Issues and Difficulties </strong> Notwithstanding all the strategy talks, late research has noticed that TESOL programs for ethnic minority understudies underscore a push to absorb the minority bunches into the standard Chinese society. While investigating issues experienced by schools for ethnic minority understudies in executing bilingual training programs, Lin (1997) found that imbalances in political and monetary advancement of various ethnic gatherings had prompted the accepted underestimation of minority dialects in instruction despite the fact that minority dialects were conceded equivalent status with the Chinese language by law. She contemplated that, practically speaking, standard Chinese was regularly special as the official language normally utilized in governments, instruction, and numerous other open spaces and was additionally every now and again connected with circumstances and social acknowledgment, though minority dialects were constrained being used and consigned to low economic wellbeing. The absence of social prizes for utilizing minority dialects prompted the devaluation of these dialects by guardians and neighborhood government authorities. Schools for ethnic minority understudies have been progressively suited to Putonghua tutoring. Despite the fact that TESOLis offered in elementary schools, it is frequently ended in auxiliary schools and colleges. Postiglione et al&#39;s. (2007) study on Tibetan investigations in neidiban tutoring found that in the program, the investigation of Chinese exceeded that of Tibetan. Tibetan investigation was viewed as a minor subject and understudies&#39; presentation in Tibetan learning was not esteemed in school confirmation choices. The general result of neidiban tutoring was a misfortune or decay in Tibetan language aptitudes among the alumni. By the by, Tibetan language aptitudes were significant for them to comprehend their local culture and workplace after their arrival to Tibet. Therefore, they inferred that the neidiban program did not create Zang-Han Jiantong bilinguals. Rather, it was oppressed to the political point of making a gathering of Tibetans who could encourage the absorption of Tibetans into the Chinese society. Bilingual training programs for ethnic minority understudies have likewise been undermined with the ascent of national standard Chinese as an image of solidarity for the country and a comprehensive national character for every single Chinese resident. Over the most recent two decades, the legislature has embraced &quot;an uneven bilingual belief system and an organized language request where minorities should utilize Putonghua as the essential language and their local language as the valuable or transitional in open areas&quot; (Zhou 2012, p. 27). Therefore, the status of Putonghua has been implicitly raised, though minority dialects are consigned to basic images of ethnic, social, and phonetic assorted variety to be overseen. The raised status of Putonghua has been additionally supported by the usage of market-situated economy changes. A market economy energizes sensational interior relocation which thus makes a solid interest for a most widely used language to serve correspondence needs. Putonghua has created from &quot;a state-embraced language to one that is supported by the state and enabled by the market&quot; (on the same page, p. 25). Studies including Wang (2011) and Tsung et al. (2012) in Yunnan showed that different partners&#39; shown &quot;extraordinary Han mindset&quot; and the &quot;logic attitude.&quot; thus, prevalent views favoring Putonghua for kids&#39; scholastic achievement and future occupation prospects minimized ethnic dialects as just a transitional device in the early couple of long stretches of tutoring to create Chinese language education (likewise observe Tsung 2014). These examinations propose that China is traveling toward underlining absorption over agreeable decent variety through minority training. The examinations likewise uncover a progressing quandary that the Chinese government faces in appropriating ethnic decent variety and national solidarity in its country building process. China is currently at a defining moment that would prompt either interethnic strife or amicability. Studies have uncovered that it is traveling toward stressing absorption over any acknowledgment of agreeable decent variety (Postiglione 2014). Postiglione (2014) contended that the expanding interethnic contacts that have been the aftereffect of financial changes, advertise powers, populace streams, and the opening to the outside world have carried basic changes to the idea of ethnic pluralism in China. The changing idea of ethnic pluralism has put ethnic intergroup relations at a junction. The nation may push toward &quot;plural monoculturalism&quot; in which &quot;ethnic minority gatherings underline their social personalities over those of the country and utmost their capability to take on various jobs in national improvement,&quot; or toward &quot;amicable multiculturalism&quot; <strong>Major Contributions and Work in Progress</strong> Chinese-English bilingual education programs in mainstream schools and universities use both English and Chinese as MOI to teach subject or content courses. It is a recent phenomenon rising from the&nbsp;<em>Han</em>&nbsp;majority group&rsquo;s aspiration to &ldquo;produce bilinguals with a strong competence in mother tongue Chinese and a foreign language, primarily English&rdquo; (Feng&nbsp;2005, p. 529). Chinese-English bilingual education was initiated by a few well-equipped elite schools in the 1990s in response to the mounting criticisms for the costly but ineffective English language programs in the 1980s. Some of those early provisions of Chinese-English education include two secondary-level bilingual science programs developed in Guangzhou and Shanghai in 1993 and 1992, respectively, one primary-level program developed in Beijing, and one China-Canada-United States English Immersion Programme (CCUEI) developed collaboratively by university-based American, Canadian, and Chinese language educators for selected kindergarten and primary school students in Xi&rsquo;an in 1997. As pointed out by Hu (2007), virtually all schools involved in these programs were well-resourced prestigious schools with &ldquo;competent teaching staff,&rdquo; &ldquo;high-caliber students,&rdquo; and &ldquo;long-established connections with domestic tertiary institutions or overseas educational institutions&rdquo; (p. 98). Those programs were largely supported by overseas partners or staffed by native English speakers. These programs were reported to be successful and their successful stories have contributed to a rise of interest in Chinese-English bilingual education. The rising interest had been further fueled with the involvement of local governments in a few large urban centers, in particular the municipality of Shanghai (Hu&nbsp;2007). Inspired by the positive reports of the few elite bilingual education programs, the Shanghai Education Commission started to encourage experimentation with bilingual instruction in the late 1990s. Initially, there were only eight schools participating in the experiment in 2000. The directive of the MOE (2001) enhanced the determination of the Education Commission to promote bilingual education and expanded bilingual experiments to involve 100 schools in 2001, around 30,000 students in 2002, 45,000 students in 260 schools in 2003, and 55,000 students in 2004 (Hu&nbsp;2007). Other coastal cities immediately followed suit. As Song and Yan (2004) reported, provincial education departments in Guangdong, Liaoning, and Shandong soon proposed their own &ldquo;100 bilingual education schools&rdquo; projects after Shanghai&rsquo;s implementation of bilingual education. Many programs were evaluated positively. For example, Wang (2003) reviewed five successful bilingual programs carried out in Qingdao, Shanghai, and Guangzhou. In one program, he reported that the group of Primary 6 students receiving bilingual instruction not only outperformed their counterparts in English, Chinese, mathematics, natural science, and computer science but also outperformed two key Junior Secondary 3 classes of students in English speaking, listening, and writing. The successful bilingual education experiments in these big cities brought an upsurge of bilingual programs across China. Many schools have jumped on the &ldquo;bilingual education&rdquo; bandwagon and practiced varied forms of English-content integrated teaching under the name of bilingual education, such as content-based language teaching, English immersion, and English medium instruction (Hu&nbsp;2007). The actual use of the two languages in classroom instruction varies. Some use English as the exclusive MOI. This is the case of the&nbsp;<em>CCUEI programme</em>&nbsp;in Xi&rsquo;an (Qiang and Siegel&nbsp;2012). Most bilingual programs adopt a flexible combination of Chinese and English in teaching and learning. Bilingual education research centers have been set up in places like Shanghai, Liaoning, and Beijing. Bilingual education conferences have been held regularly. For instance, National Conference on Bilingual Teaching is held every 3 years. Online bilingual education platforms such as China Bilingual Education Network (http://www.tesol.cn/) have also been built up to promote this way of English teaching on a large scale. Like bilingual education programs in primary and secondary schools, bilingual education in higher education also originated in elite universities. To build a world-class university, Tsinghua University recognized the importance of English and introduced English medium instruction in the 1990s to provide an English learning environment for its students (Pan&nbsp;2006). Such practices had greatly facilitated the development of Tsinghua&rsquo;s joint international MBA programs, which were evaluated as &ldquo;having the most highly qualified faculty, the finest curriculum and the best educational outcomes in China&rdquo; (Pan&nbsp;2006, p. 257). Encouraged by Tsinghua&rsquo;s success in MBA education, the state accepted English medium instruction for university academic programs and recommended it to other universities nationwide in the ministerial directive of 2001 (MOE&nbsp;2001). The directive rationalized Chinese-English bilingual education as a critical means to: (1) meet the needs of globalization and economic growth, (2) cultivate international talents (<em>Guojixing Rencai</em>国际型人才) or English-knowing professionals (<em>Zhuanye Waiyu Fuhexing Rencai</em>专业外语复合型人才) for the twenty-first century, and (3) improve the quality of English education and the overall quality of higher education. With government support, other major universities also increased the provision of bilingual education. Bilingual education had, thus, gained great momentum and expanded rapidly in most Chinese universities in the last decade. A recent survey across China found that 132 out of the 135 universities investigated offered bilingual courses and/or programs, with an average of 44 courses per university (Wu et al.&nbsp;2010). Problems and Difficulties Albeit TESOL instruction has been advanced at all instructive levels, it is assailed with various discussions, which may undermine its formative course. The possibility of these Chinese-English bilingual training projects is unsure in China in light of the fact that there have not been palatably authoritative responses to questions identified with their lawful status, social outcomes, and academic viability. In spite of help from the Chinese MOI, Chinese-English bilingual training projects loath lawful security. The Language Law of People&#39;s Republic of China unequivocally stipulates that &quot;schools and different foundations must utilize Putonghua and institutionalized Chinese characters as the fundamental communicated in and composed language in training and instructing&quot; (refered to in He 2011, p. 98). The prospering Chinese-English bilingual training projects are characteristic of an instructive decentralization process that has been going on in China. They likewise mirror a sober minded disposition that the Chinese government receives towards English and represent the endeavors that the administration is eager to embrace in appropriating the language for its worldwide commitment and monetary improvement. In any case, it must be noticed that the national language approach has successfully &quot;precluded the likelihood of utilizing English as the mode of guidance in schools as pushed by bilingual instruction&quot; and &quot;bilingual training was not given any support in the new auxiliary educational program&quot; (He 2011, p. 99). This implies the legislature has the adaptability of ending Chinese-English bilingual instruction programs whenever with full lawful help. The way that Chinese-English bilingual training projects are as yet developing quickly in China propose that the Chinese government is in a predicament like that of bilingual instruction programs for ethnic minorities. From one perspective, monetary development encourages China to be increasingly decisive in its worldwide cooperation. The Chinese government tries for sending out ( zou chu qu 走出去) its social items, other than produced wares, to topple the ideological and desultory strength of the west. The administration is additionally sharp in helping Chinese colleges internationalize themselves and enroll worldwide understudies to offset the expanding number of Chinese understudies seeking after scholastic investigations abroad. To accomplish these objectives, the administration needs English, the true worldwide language, to have their voices heard and regarded just as draw in universal understudies to China. Then again, overreliance on English may undermine China&#39;s social personality, national security, and political solidness. Then, the rising significance of China requests the country to elevate the Chinese language to be the following global language. The Chinese language and its way of life are additionally expected to bind together the country and its kin (Zhou 2012). The administration as of late started discourse on expelling English from the national college registration tests or diminishing its weighting while at the same time expanding the weighting of Chinese (Pan 2015). Despite the fact that this does not really imply that English is never again observed as a significant language, it is suggestive of the Chinese government&#39;s structure to affirm the unchallengeable status of the national standard Chinese for its ascent to be another worldwide language. Together with the decrease of showing hours for the subject of English in optional educational programs, these new activities can likewise be viewed as critical arrangement signals, which predict a possible takeoff from the approaches on English arrangement that have been executed since the late 1970. They will significantly impact the formative course of Chinese-English bilingual training programs. Notwithstanding the political and legitimate contemplations, Chinese-English bilingual training programs additionally have critical social outcomes , about which analysts have warmed discussions. Bilingual instruction projects have been related with an elitist beginning since practically every one of them were propelled by well-resourced urban schools in monetarily created territories. The advancement of such bilingual training projects may cause social divisions along the line of those &quot;who have&quot; and &quot;who have not&quot; (Nunan 2003, p. 605). It might help &quot;sustain and emphasize instructive imbalances in China by making [bilingual instruction] a support of the special, the rich, and the tip top&quot; (Hu and Lei 2014, p. 564). Families with increasingly social and financial assets will put vigorously in helping their kids get to bilingual training projects to procure better English capability and accomplish upward social portability. Kids from families with restricted social and financial assets are abandoned in the race for chances to seek after upward social portability, as English ability turns into &quot;a characterizing normal for gifts in the 21st century&quot; (Hu 2009, p. 52). The rage for Chinese-English bilingual instruction additionally drives schools and instructive specialists to occupy restricted assets to get the foundation and English-skillful educators for the conveyance of bilingual training programs. Except if a school is very much financed, such asset preoccupation is probably going to undermine the instructing and learning of different subjects. The gigantic spending on Chinese-English bilingual training projects requests legitimization regarding their instructive adequacy. There is a general absence of observational research on Chinese-English bilingual training and a significant part of the surviving exploration needs thoroughness. For example, assessment research has been directed to inspect the viability of Chinese-English bilingual training programs in China. While these examinations demonstrate that bilingual training obviously positively affected understudies&#39; learning of English and different subjects, Hu (2007) contended that these investigations had been based on mistaken suspicions about language learning and intellectual advancement. The individuals who promoter for bilingual training accept that bilingual instruction projects would augment understudies&#39; introduction to English, which prompts a superior direction of the language than the individuals who don&#39;t get to bilingual training programs. Notwithstanding, the most extreme introduction supposition that is unsound as it isn&#39;t the amount of presentation however the nature of understudies&#39; commitment with English that issues. The adequacy of bilingual instruction projects was additionally undermined by different relevant factors, for example, absence of prepared educators, unseemly learning materials, and understudies being unready for learning scholarly subjects in a medium other than their first language (Cheng 2012; He 2011). Despite the fact that ongoing examinations uncover that bilingual instruction projects effectsly affect understudies&#39; language learning and no negative effect on subject substance learning (Cheng 2012; Cheng et al. 2010), such discoveries can scarcely legitimize the huge monetary ventures into these bilingual training programs. As recognized by Cheng et al. (2010), other relevant factors, for example, social and monetary ones may have impacted the assessment results. It has turned out to be basic for thorough exact investigations to be led on these bilingual instruction programs in China with the goal that they can give a strong information base to policymaking. Besides, future research may profit by drawing hypothetical contribution from ongoing examination in multilingualism (Garc&iacute;a and Li 2014; Lin 2015; Creese and Blackledge 2015). For example, Garc&iacute;a and Li (2014) proposed to rethink code switching in bilingual instruction through the viewpoint of translanguaging. <strong>Conclusion</strong> However, &nbsp;all teachers should be careful on the mind development of children. China is the model on this application.
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49

Franks, Rachel. "A True Crime Tale: Re-imagining Governor Arthur’s Proclamation to the Aborigines." M/C Journal 18, no. 6 (2016). http://dx.doi.org/10.5204/mcj.1036.

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Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75-76). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. The author extends thanks to Richard Neville, Margot Riley, Kirsten Thorpe, and Justine Wilson of the State Library of New South Wales for sharing their knowledge and offering their support. The author is also grateful to the reviewers for their careful reading of the manuscript and for making valuable suggestions. ReferencesAboriginal Heritage Tasmania. “Scarred Trees.” Aboriginal Cultural Heritage, 2012. 12 Sep. 2015 ‹http://www.aboriginalheritage.tas.gov.au/aboriginal-cultural-heritage/archaeological-site-types/scarred-trees›.Arthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Governor Davey’s [sic – actually Governor Arthur’s] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30]. Graphic Materials. Sydney: Mitchell Library, State Library of NSW, c. 1828-30.Bock, Thomas. Mathinna. Watercolour and Gouache on Paper. 23 x 19 cm (oval), c. 1840.Carroll, Khadija von Zinnenburg. Art in the Time of Colony: Empires and the Making of the Modern World, 1650-2000. Farnham, UK: Ashgate Publishing, 2014.Clark, Manning. History of Australia. Abridged by Michael Cathcart. Melbourne: Melbourne University Press, 1997 [1993]. Clements, Nicholas. The Black War: Fear, Sex and Resistance in Tasmania. St Lucia, Qld.: U of Queensland P, 2014.Colonial Times. “Hobart Town.” Colonial Times 5 Mar. 1830: 2.The Commissioners. Intercolonial Exhibition Official Catalogue. 2nd ed. Melbourne: Blundell &amp; Ford, 1866.Darian-Smith, Kate, and Penelope Edmonds. “Conciliation on Colonial Frontiers.” Conciliation on Colonial Frontiers: Conflict, Performance and Commemoration in Australia and the Pacific Rim. Eds. Kate Darian-Smith and Penelope Edmonds. New York: Routledge, 2015. 1–14. Edmonds, Penelope. “‘Failing in Every Endeavour to Conciliate’: Governor Arthur’s Proclamation Boards to the Aborigines, Australian Conciliation Narratives and Their Transnational Connections.” Journal of Australian Studies 35.2 (2011): 201–18.———. “The Proclamation Cup: Tasmanian Potter Violet Mace and Colonial Quotations.” reCollections 5.2 (2010). 20 May 2015 ‹http://recollections.nma.gov.au/issues/vol_5_no_2/papers/the_proclamation_cup_›.Felton, Heather. “Mathinna.” Companion to Tasmanian History. Hobart: Centre for Tasmanian Historical Studies, University of Tasmania, 2006. 29 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/M/Mathinna.htm›.Gall, Jennifer. Library of Dreams: Treasures from the National Library of Australia. Canberra: National Library of Australia, 2011.Hull, Hugh M. “Tasmanian Hieroglyphics.” The Hobart Mercury 26 Nov. 1874: 3.James, P.D. Talking about Detective Fiction. New York: Alfred A. Knopf, 2009.Mace, Violet. Violet Mace’s Proclamation Jug. Glazed Earthernware. Launceston: Queen Victoria Museum and Art Gallery, 1928.———. Violet Mace’s Proclamation Cup. Glazed Earthernware. Canberra: National Museum of Australia, 1934.McCulloch, Samuel Clyde. “Sir George Gipps and Eastern Australia’s Policy toward the Aborigine, 1838-46.” The Journal of Modern History 33.3 (1961): 261–69.Morris, John. “Notes on a Message to the Tasmanian Aborigines in 1829, popularly called ‘Governor Davey’s Proclamation to the Aborigines, 1816’.” Australiana 10.3 (1988): 84–7.Nettelbeck, Amanda. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Newman, Terry. “Tasmania, the Name.” Companion to Tasmanian History, 2006. 16 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/T/Tasmania%20name.htm›.Reece, Robert H.W., in Amanda Nettelbeck. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Ryan, Lyndall. “The Black Line in Van Diemen’s Land: Success or Failure?” Journal of Australian Studies 37.1 (2013): 3–18.Savery, Henry. Quintus Servinton: A Tale Founded upon Events of Real Occurrence. Hobart Town: Henry Melville, 1830.Turnbull, Clive. Black War: The Extermination of the Tasmanian Aborigines. Melbourne: Sun Books, 1974 [1948].
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