Academic literature on the topic 'Dispute settlement'

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Journal articles on the topic "Dispute settlement"

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Harun, Refly. "Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum." Jurnal Konstitusi 13, no. 1 (2016): 1. http://dx.doi.org/10.31078/jk1311.

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Construction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement
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KANG, Taewook. "Problems of Investor-State Dispute Settlement (ISDS)." Journal of Advanced Research in Law and Economics 10, no. 2 (2020): 561. http://dx.doi.org/10.14505//jarle.v10.2(40).16.

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The research deals with Problems of Investor-State Dispute Settlement (ISDS) focused on Investment Arbitration. The author especially focuses on the problems under BIT (Bilateral Investment Treaties) and FTA (Free Trade Agreements. Mentioned in this article, International investment disputes are generated due to host countries and foreign investors. ISDS is Dispute settlements between investors and countries. This is not suit proceedings but arbitration proceedings. That is, ‘activities of the third party to arbitrate and settle disputes by intervening between parties in dispute. ’However, Dis
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Supeno, Supeno. "INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (2020): 147–62. http://dx.doi.org/10.19109/nurani.v20i1.6043.

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The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economi
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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (2022): 81–95. http://dx.doi.org/10.51749/injurlens.v2i2.43.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financin
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Zakiyah, Zakiyah, Diana Rahmawati, Nur Mohammad Kasim, Muhammad Aulia Rahmady, and Muhammad Azhari Rahman. "Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments." International Journal of Law, Environment, and Natural Resources 2, no. 2 (2022): 81–92. http://dx.doi.org/10.51749/injurlens.v2i2.27.

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The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financin
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A. Papaconstantinou, George, and Luigi F. Pedreschi. "Alternative Dispute Settlement and the Jurisprudential Legacy of the World Trade Organization’s Appellate Body." Journal of World Trade 56, Issue 2 (2022): 261–82. http://dx.doi.org/10.54648/trad2022011.

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This article analyses the possible impact of the disputes advanced through the Multiparty Interim Appeal Arbitration Arrangement (‘MPIA’) and preferential trade agreements (‘PTAs’) on the jurisprudential legacy of the Appellate Body (‘AB’) and shows that those alternative dispute settlement mechanisms can play a significant role in preserving and further developing World Trade Organization’s (‘WTO’) case law. In the future, the importance of alternative dispute settlement mechanisms resolving arguments of international trade law is bound to increase (especially, in light of the ongoing deadloc
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Rudenko, L. D., and D. S. Semko. "TO THE QUESTION ON PRE-CASE SETTLEMENT OF ECONOMIC DISPUTES." Legal horizons, no. 19 (2019): 54–58. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p54.

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The article identifies the nature of pre-trial settlement of an economic dispute, analyzes the features of the pretrial settlement of an economic dispute. Taking into account the provisions of the current Commercial Code and the Commercial Procedure Code of Ukraine, the article examines the procedure for pre-judicial settlement of the economic dispute, including the analysis of the rules of economic law and commercial procedural law, which regulate the general procedure for pre-trial settlement of economic disputes. It is determined that pre-trial settlement of economic disputes is an independ
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Marmazov, Vasyl, and Pavlo Pushkar. "The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine." NaUKMA Research Papers. Law 7 (July 20, 2021): 33–43. http://dx.doi.org/10.18523/2617-2607.2021.7.33-43.

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The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state d
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ZHENGYI, ZHANG, and YUE QIANG. "INVESTMENT DISPUTE SETTLEMENT MECHANISM UNDER THE IMPLEMENTATION OF CHINESE FOREIGN INVESTMENT LAW." Sociopolitical Sciences 11, no. 2 (2021): 32–41. http://dx.doi.org/10.33693/2223-0092-2021-11-3-32-41.

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With the formal implementation of the Foreign Investment Law, a multi-level dispute settlement mechanism targeted at disputes has been formed. Under the background of the implementation of the foreign investment law, diversified investment dispute settlement is forming and will go through innovation, especially under the background of open-up investment dispute settlement mechanism. Multi-level investment disputes relate to both domestic and international level, “wall” function for international investment dispute settlement mechanism may realize through the principle of exhaustion of local re
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Maulaya, Muhammad Zulfa, Aditya Fani Pradana, Muhammad Choerul Umam, Tiyas Vika Widyastuti, and Muhammad Wildan. "Analisis Yuridis Bentuk Penyelesaian Sengketa Tanah Melalui Mediasi dan Arbitase." Journal of Contemporary Law Studies 2, no. 1 (2024): 75–84. http://dx.doi.org/10.47134/lawstudies.v2i1.2157.

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The aim of this article is to describe the form of land rescue resolution using normative juridical analysis techniques. Settlements and land-related cases are usually settled through the official legal system and the applicable courts. There are some studies on the settlement of land disputes in Indonesia. This research uses a qualitative descriptive method, namely explaining the phenomenon or relationship of a problem in text form. The data source for this research is obtained through primary and secondary data. Primary data from this research uses legal materials consisting of: 1) the 1945
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Dissertations / Theses on the topic "Dispute settlement"

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Katjiuongua, Vivienne Elke. "Towards stakeholder participation in the initiation of WTO disputes : A case study for Namibia and SACU." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5376_1233670341.

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<p>The participation of African countries in the Dispute Settlement System (DSS) of the Worlt Trade Organisation ( WTO) is insignificant. This research seeks to find a suitable model/mechanism which meets the particular needs of developing countries. The practical aim of this reseach was to enhance active participation of various stakeholders in developing countries who may be adversely affected or who face potential damage by unfair trade pracices of other players in the brutal and complex battleground of world trade. Thus the research seeks to suggest a suitable legal framework which can be
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McCosker, Sarah. "Law and Diplomacy in International Dispute Settlement." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.508381.

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Zhang, Qi. "Consultation within WTO dispute settlement : a Chinese perspective /." Bern [u.a.] : Lang, 2007. http://www.loc.gov/catdir/toc/fy0710/2006048870.html.

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Mitchell, Andrew D. "The role of principles in WTO dispute settlement." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431500.

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Shucksmith-Wesley, Marc. "The Falklands (Malvinas) dispute : a critique of international law and the pacific settlement of disputes." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52214/.

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This thesis brings a focusing lens on one of history’s most intractable and protracted territorial disputes, that between the United Kingdom and Argentina over the non-self-governing territory known as the Falklands (Malvinas), an archipelago of 200 islands, some 480 miles north-east of Cape Horn, Argentina. For Argentina, the ‘Malvinas are a constantly bleeding wound, flesh torn from the body that is Argentina’. To the United Kingdom, the territory represents one of the last vestiges of its once vast empire, having held effective control of the territory since 1833, other than for a short per
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Pfumorodze, Jimcall. "WTO dispute settlement: challenges faced by developing countries in the implementation and enforcement of the Dispute Settlement Body (DSB) recommendations and rulings." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6761_1219309592.

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<p>Aims of the research paper is to examine the legal framework&nbsp<br>of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant&nbsp<br>&nbsp<br>is a developing country.</p>
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Koopmans, Sven Michael George. "Diplomatic dispute settlement : the use of inter-state conciliation." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670090.

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Wang, Yinan. "Handling the U.S.-China Intellectual Property Rights Dispute – the Role of WTO’s Dispute Settlement System." Miami University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=miami1336224534.

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Moin, Donya. "Toward an appropriate dispute settlement method for resolving petroleum expropriation disputes : treaty-based arbitration or mediation?" Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236001.

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The settlement of petroleum expropriation disputes has been a challenging issue in the petroleum industry since the earliest cases. The issue, principally, relates to foreign investors' right to investment protection and the sovereign right of states, the clash of which causes such disputes. Striking a balance between these conflicting rights in order to save the disputants' relationship is a critical concern given the interdependent relationship of disputants which manifests itself in a cyclical manner. This in turn highlights the importance of finding a suitable dispute resolution method to
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Filippidis, Mariel Solange. "Developing a dispute settlement system for the free trade area of the Americas : a comparison of some aspects of the dispute settlement mechanisms of the GATTWTO and certain regional and bilateral dispute settlement systems of the western hemisphere." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21680.

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Within the context of the current negotiations over the Free Trade Area of the Americas, there is an unquestionable need to create a system to resolve disputes that may arise between the state parties. Since new dispute settlement systems are often developed by borrowing and learning from past experiences, this thesis examines and compares certain aspects of the dispute settlement mechanisms of the World Trade Organization and certain regional and bilateral agreements signed in the western hemisphere. The result of the analysis is a set of proposals about which of these aspects could be effect
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Books on the topic "Dispute settlement"

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Koopmans, Sven M. G. Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6.

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Schmitthoff, Clive M. Extrajudicial dispute settlement. Kluwer, 1985.

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Merrills, J. G. International dispute settlement. 2nd ed. Grotius Publications (CUP), 1995.

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1958-, O'Connell Mary Ellen, ed. International dispute settlement. Ashgate Dartmouth, 2003.

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Merrills, J. G. International dispute settlement. 2nd ed. Grotius Publications, 1991.

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Dispute settlement. United Nations, 2003.

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Merrills, J. G. International Dispute Settlement. Cambridge University Press, 2006.

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Merrills, J. G. International Dispute Settlement. Cambridge University Press, 2005.

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Staff, World Trade Organization, and Bernan Press Staff. Dispute Settlement Decisions. Rowman & Littlefield Publishers, Incorporated, 2011.

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Verheyen, Roda, and Cathrin Zengerling. International Dispute Settlement. Edited by Kevin R. Gray, Richard Tarasofsky, and Cinnamon Carlarne. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199684601.003.0019.

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This chapter discusses international dispute settlement in the context of climate change. It looks into where international disputes that relate to climate have been heard and those, such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), which have the potential to hear such disputes. As it forms as the backbone of the international climate change regime, the United Nations Framework Convention on Climate Change (UNFCCC) is also analysed. The chapter gives special attention to the ITLOS as among its main potentials of becoming a forum fo
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Book chapters on the topic "Dispute settlement"

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Liang, Shuang. "Dispute Settlement." In Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China. Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-6803-9_7.

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Núñez, Jorge E. "Dispute settlement." In Territorial Disputes and State Sovereignty. Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-5.

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Hofmann, Rainer, Juliane Kokott, Karin Oellers-Frahm, Stefan Oeter, and Andreas Zimmermann. "Dispute Settlement." In World Court Digest. Springer Berlin Heidelberg, 1993. http://dx.doi.org/10.1007/978-3-662-37779-6_15.

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Li, Yuwen, and Cheng Bian. "Dispute settlement." In China's Foreign Investment Legal Regime. Routledge, 2022. http://dx.doi.org/10.4324/9781003168805-8.

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Collins, David. "Dispute Settlement." In Principles of World Trade Law. Routledge, 2025. https://doi.org/10.4324/9781003465676-4.

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Ajibo, Collins C. "Dispute Settlement Frameworks." In The African Continental Free Trade Area Agreement. Routledge, 2024. http://dx.doi.org/10.4324/9781003472513-12.

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Wang, Yan. "Labour Dispute Settlement." In Chinese Labour Law. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-8101-1_10.

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Koopmans, Sven M. G. "Introduction." In Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_1.

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Koopmans, Sven M. G. "Diplomatic Dispute Settlement AND INTER-STATE CONCILIATION." In Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_2.

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Koopmans, Sven M. G. "The Development of Inter-State Conciliation." In Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_3.

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Conference papers on the topic "Dispute settlement"

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Gavrila, Simona Petrina. "CHALLENGES AND DIRECTIONS OF THE EUROPEAN REGULATION OF MEDIATION IN CROSS-BORDER DISPUTES." In 11th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2024. SGEM WORLD SCIENCE, 2024. https://doi.org/10.35603/sws.iscss.2024/vs02/04.

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Mediation, an alternative dispute resolution tool, has attracted the attention of the EU, which has decided to promote its use in cross-border disputes by adopting DIRECTIVE 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Subsequently, in December 2018, the United Nations General Assembly unanimously adopted the United Nations Convention on International Agreements Resulting from Mediation (the �Singapore Convention�), which applies to international settlement agreements derived from mediation concluded by parties wishing to resolve a commercial dispu
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Dromgool, Mark B. "Dueling Technical Experts." In CORROSION 2009. NACE International, 2009. https://doi.org/10.5006/c2009-09038.

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Abstract A seemingly increasing number of disputes or arguments relating to coating, lining or corrosion issues culminate in the involvement of a technical expert or consultant. Sometimes, if the parties are serious about their positions or if large sums of money or prestige are at stake, lawyers also get involved. However, the roles that technical experts and lawyers undertake in such disputes often become blurred or indefinite, and this can become problematic or may jeopardise the correct, objective and impartial settlement of the dispute. A lawyer is hired to advocate his client’s position,
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Yuniarti, S. "Online Dispute Resolution as Future Dispute Settlement in Indonesia." In Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG. EAI, 2019. http://dx.doi.org/10.4108/eai.26-1-2019.2283268.

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Wang, Peng. "Did the Preliminary Objections Judgment Resolve the Chagos Archipelago Sovereignty Dispute?" In COFOLA International 2022. Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-5.

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Noticing the conclusion of the Preliminary Objections Judgment in the case of Mauritius vs. Maldives Maritime Delimitation, this paper asks whether the Special Chamber’s decision has resolved the sovereignty dispute over the Chagos Archipelago. It re-examines the conclusion that the continued claim of the United Kingdom to sovereignty over the Chagos Archipelago is a mere assertion and the UK has no legal interest in it. This paper argues that the legal system has a self-reproducing nature by which the Special Chamber regenerates decisions already established in the legal system as the distinc
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Kurniawan, Faizal, Laila Andaretna, Michael Budianto, Ridho Septarianto, and Prawitra Thalib. "Transformation of Construction Contract Dispute Settlement Through Dispute Adjudication Board." In Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.27-7-2022.2342462.

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Rasji. "Settlement of Policy Regulation Dispute Through Mediation." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.019.

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Permatasari, Ane, Muhammad Iqbal, and Akhmad Habibullah. "Industrialization Relation Dispute Settlement Model in Indonesia." In International Conference on Sustainable Innovation Track Humanities Education and Social Sciences (ICSIHESS 2021). Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.211227.032.

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Alexandrov, Andrey. "ON THE CORRELATION BETWEEN THE OUT-OF-COURT MECHANISMS FOR RESOLVING COLLECTIVE LABOR DISPUTES UNDER THE SETTLEMENT OF COLLECTIVE LABOR DISPUTES ACT AND THE MEDIATION." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2022. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/mdps2022.11.

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The study draws a parallel between out-of-court mechanisms for resolving collective labor disputes regulated by the Settlement of Collective Labor Disputes Act and the mediation. Based on the outlined similarities between them, the thesis is argued that there are two parallel and overlapping mechanisms for settling these disputes. Therefore, there is an obvious need for the special Settlement of Collective Labor Disputes Act to clearly define which disputes can be resolved through the methods provided for in it, in particular labor arbitration, as well as to normatively determine the correlati
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Ertuğrul, Ümmühan Elçin. "The Settlement of Disputes between Foreign Mining Companies and States; International Centre for Settlement Investment Disputes (ICSID) and Kyrgyzstan Case." In International Conference on Eurasian Economies. Eurasian Economists Association, 2024. http://dx.doi.org/10.36880/c16.02914.

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Foreign investments are one of the fundamental methods to address capital shortages in developing countries. Currently, it is seen that developing countries make their natural resources, especially mining, available to foreign investment companies through bilateral investment agreements. This situation can cause disputes between states and foreign investors and often requires international solution mechanisms. One of the best-known of these international settlement mechanisms is the International Center for the Settlement of Investment Disputes, abbreviated in English as ICSID, under the auspi
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Djaja, Benny. "Amicable Settlement Through Mediation in Land Disputes." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.014.

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Reports on the topic "Dispute settlement"

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ICTSD, ICTSD. WTO Dispute Settlement. ICTSD International Centre for Trade and Sustainable Development, 2012. http://dx.doi.org/10.7215/ds_in_20120502b.

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Jackson, John. WTO Dispute Settlement Experience. Inter-American Development Bank, 2002. http://dx.doi.org/10.18235/0012238.

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Kovenock, Dan, and Marie Thursby. GATT, Dispute Settlement and Cooperation. National Bureau of Economic Research, 1992. http://dx.doi.org/10.3386/w4071.

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Maggi, Giovanni, and Robert Staiger. Breach, Remedies and Dispute Settlement in Trade Agreements. National Bureau of Economic Research, 2009. http://dx.doi.org/10.3386/w15460.

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Bown, Chad. China's WTO Entry: Antidumping, Safeguards, and Dispute Settlement. National Bureau of Economic Research, 2007. http://dx.doi.org/10.3386/w13349.

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Research Institute (IFPRI), International Food Policy. Is the WTO dispute settlement procedure fair to developing countries? International Food Policy Research Institute, 2019. http://dx.doi.org/10.2499/p15738coll2.133313.

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Bianchi, Eduardo. Food products, the WTO dispute settlement system and trade remedies. International Food Policy Research Institute, 2021. http://dx.doi.org/10.2499/p15738coll2.134829.

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Glauber, Joseph W., and Xiaorong Xing. WTO dispute settlement cases involving the agreement on agriculture, 1995–2019. International Food Policy Research Institute, 2020. http://dx.doi.org/10.2499/p15738coll2.133681.

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Horn, Henrik, Joseph Francois, and Niklas Kaunitz. Trading Profiles and Developing Country Participation in the WTO Dispute Settlement System. International Centre for Trade and Sustainable Development, 2008. http://dx.doi.org/10.7215/ds_ip_20081218.

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Pfitzer, James Headen, and Sheila Sabune. Burden of Proof in WTO Dispute Settlement: Contemplating Preponderance of the Evidence. International Centre for Trade and Sustainable Development, 2009. http://dx.doi.org/10.7215/ds_ip_20090421.

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