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Journal articles on the topic 'Disputes'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Wiegand, Krista E. "Mediation in Territorial, Maritime and River Disputes." International Negotiation 19, no. 2 (2014): 343–70. http://dx.doi.org/10.1163/15718069-12341281.

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This article seeks to explain factors that make mediation attempts more or less likely in territorial, maritime, and river disputes. I argue that the intensity of the dispute and the salience of disputed territory have strong influence on mediation attempts. The study further examines the impact of these factors on the type of mediation strategy (directive, procedural, or communications). Hypotheses about mediation attempts are tested with the icow data set of interstate territorial, maritime, and river disputes from 1816 to 2001. Findings indicate that intensity of the dispute and salience of

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2

Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (2019): 95–127. http://dx.doi.org/10.54648/trad2019005.

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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to l

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3

Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.

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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogeno

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4

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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Safwan, Safwan. "TINJAUAN HUKUM ISLAM TERHADAP SEWA MENYEWA TANAH YANG DISENGKETAKAN DI PULO PISANG KECAMATAN PIDIE." HEI EMA : Jurnal Riset Hukum, Ekonomi Islam, Ekonomi, Manajemen dan Akuntansi 3, no. 2 (2024): 95–108. http://dx.doi.org/10.61393/heiema.v3i2.236.

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This research was conducted to determine the Islamic law review of disputed land leases in Pulo Pisang, Pidie district. This research uses qualitative methods with data sources consisting of primary data and secondary data. Meanwhile, data collection techniques use observation, interviews and documentation, the data obtained is in the form of primary and secondary data. The research results show that the practice of leasing on disputed land is carried out because it is looking for a middle way to resolve disputes between the legal owner and land users because the disputed land is neglected and

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Annisa, Zahrotun Nur, Lego Karjoko, and Hari Purwadi. "Analisis Terkait Peran Dari Pihak Badan Pertanahan Nasional (BPN) Atas Terjadinya Tumpang Tindih Kepemilikan Tanah." Proceeding Legal Symposium 1 (April 14, 2023): 62–71. http://dx.doi.org/10.18196/pls.v1i1.89.

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The National Land Agency in resolving land ownership disputes and to determine the role of the National Land Agency on the occurrence of overlapping land ownership. The purpose of this study is to find out and reduce the occurrence of double certificates. The data collection method uses doctrinal legal research by taking a comparative approach by reviewing an existing legal material derived from binding laws and regulations. The results showed that the Role of the National Land Agency in the Settlement of Dual Certificates The National Land Agency in handling double certificate disputes has a

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7

Hwang, Wonjae, Wonbin Cho, and Krista Wiegand. "Do Korean-Japanese Historical Disputes Generate Rally Effects?" Journal of Asian Studies 77, no. 3 (2018): 693–711. http://dx.doi.org/10.1017/s0021911818000438.

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Does ongoing animosity between South Korea and Japan over the disputed Dokdo Islands and other issues that originated from historical disputes generate rally effects in Korean domestic politics? This article argues that the Dokdo Islands dispute—and related disputed issues rooted in the colonial experience of Korea under Japan's rule historically—strongly influence Korean presidents’ abilities to effectively mobilize domestic support for not only the issues, but particularly the public opinion of presidents. Using data on Korean presidents’ approval ratings between 1993 and 2016, this article

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Doley, Bitupan, Parimita Bhuyan, and Jayanta Krishna Sarmah. "Inter-state Border Disputes in North-East India: A Case of Assam and Meghalaya." Journal of North East India Studies 13, no. 2 (2023): 55–71. https://doi.org/10.5281/zenodo.12795910.

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This paper attempts to trace the root cause of the boundary dispute between Assam and Meghalaya and highlights the governmental efforts towards the settlement of inter-state border conflicts between the two states. It particularly study four aspects of border disputes based on field notes: people’s participation in border conflict resolution, responses of people of disputed areas towards government interventions, civil society participation in disputed areas, and development of inter-state border areas between Assam and Meghalaya. The field study reveals that people of the bordering area

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9

Aditiya Perdana, Dian, and Fauziah Febrinaldi. "Peran Komisi Pemilihan Umum Dalam Pilkada Kabupaten Solok Sumatera Barat Perspektif Fiqh Siyāsah." Hakamain: Journal of Sharia and Law Studies 1, no. 2 (2023): 60–71. http://dx.doi.org/10.57255/hakamain.v1i2.235.

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During the stages of the regional head election (PILKADA) held by the Solok Regency KPU, namely the election of the Regent and Deputy Regent, there were several election disputes that were faced by the Solok Regency KPU, namely the nomination process dispute to the Bawaslu and PTTUN Medan, as well as the result dispute to the Constitutional Court (MK). Of the several disputes, one pair of candidates submitted an application, only one application was granted and two applications were rejected. The two disputes that were rejected were the candidacy disputes submitted to Bawaslu by the candidate

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10

Afriana, Anita, Sudaryat Sudaryat, Rai Mantili, and Ema Rahmawati. "MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM." VYAVAHARA DUTA 14, no. 2 (2020): 74. http://dx.doi.org/10.25078/vd.v14i2.1255.

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<p>Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,<br />and low-cost consumer dispu

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Fravel, M. Taylor. "Power Shifts and Escalation: Explaining China's Use of Force in Territorial Disputes." International Security 32, no. 3 (2008): 44–83. http://dx.doi.org/10.1162/isec.2008.32.3.44.

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Although China has been involved in twenty-three territorial disputes with its neighbors since 1949, it has used force in only six of them. The strength of a state's territorial claim, defined as its bargaining power in a dispute, offers one explanation for why and when states escalate territorial disputes to high levels of violence. This bargaining power depends on the amount of contested land that each side controls and on the military power that can be projected over the entire area under dispute. When a state's bargaining power declines relative to that of its adversary, its leaders become

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12

Agung, Anak Agung Istri, and I. Nyoman Sukandia. "DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT." NOTARIIL Jurnal Kenotariatan 6, no. 1 (2021): 16–26. http://dx.doi.org/10.22225/jn.6.1.3613.16-26.

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The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties

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13

White, Peter B., David E. Cunningham, and Kyle Beardsley. "Where, when, and how does the UN work to prevent civil war in self-determination disputes?" Journal of Peace Research 55, no. 3 (2018): 380–94. http://dx.doi.org/10.1177/0022343317744826.

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The UN has placed rhetorical emphasis on the prevention of armed conflict before it starts and has taken selective action toward that end. What determines where the UN gets involved? We examine UN preventive actions by focusing on UN Security Council (UNSC) resolutions in self-determination (SD) disputes. We argue that UN decisionmakers consider at least three factors when deciding where to target preventive action: the dispute’s conflict history, the potential for regional contagion, and the characteristics of the dispute. We further argue that the political dynamics of UNSC decisionmaking co

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Kismantoro, Bayun, and Akhmad Khisni. "District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr)." Jurnal Akta 6, no. 3 (2019): 461. http://dx.doi.org/10.30659/akta.v6i3.5105.

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The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role

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Marsianus Ampat, Yustinus Pedo, Ernesta Uba Wohon, and Stefanus Don Rade. "Tu'a Golo's role in resolving land disputes between Poka indigenous people, Longko Village, Wae Ri'i District, Manggarai Regency." Al Ahkam 19, no. 1 (2023): 48–58. http://dx.doi.org/10.37035/ajh.v19i1.8962.

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The Poka Indigenous People are part of the Manggarai community, also practicing matters related to Manggarai culture such as resolving land disputes between community members. This research was conducted to find out the role of Tu'a Golo in resolving disputes among the Indigenous People of the Poka Village, Longko Village, Wae Ri'i District, Manggarai Regency. Based on the results of the study, the role of Tu'a Golo in the Poka Indigenous People is to: Regulate and manage the socio-economic and cultural life of the community and resolve land boundary disputes of the Poka indigenous people. The

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16

Gibler, Douglas M. "What they fight for: Specific territorial issues in militarized interstate disputes, 1816–2001." Conflict Management and Peace Science 34, no. 2 (2016): 194–211. http://dx.doi.org/10.1177/0738894216653382.

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This paper provides a multifaceted classification of the primary issue for each state involved in territorial disputes between 1816 and 2001. I differentiate principally between cases in which ownership of the territory is disputed and cases over which status quo distributions of territory are acknowledged. I also consider the location of disputed territories—homeland vs other territories—and the types of actions in the dispute. This classification scheme produces categories such as (1) disputed ownership, (2) general border issues, (3) opportunity-based conflict, (4) state-system changes, (5)

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17

Soleh Hasan Wahid. "Formulation of a Risk-Based Online Dispute Resolution Model for E-Commerce in Indonesia: Legal Framework and its Application." International Journal of Arts and Humanities Studies 3, no. 2 (2023): 09–23. http://dx.doi.org/10.32996/ijahs.2023.3.2.2.

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E-commerce growth in Indonesia has resulted in increased consumer disputes. This study aims to establish a regulatory framework for Online Dispute Resolution (ODR) in Indonesia using a normative legal research methodology. Secondary data from various sources, including ODR mechanisms from Shopee, Tokopedia, Bukalapak, and Indonesian regulations, were analyzed descriptively and comparatively. ODR offers benefits such as ease of use, cost-effectiveness, and avoidance of legal procedures but faces challenges like consumer awareness, standardization, and regulation. Ideal ODR models for Indonesia

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18

Barnado, Gito, and Rully Andhika Karim. "Dispute Resolution Strategies in Construction Projects to Mitigate Impacts on Time Performance – Project Owner's Perspective." International Journal of Science, Technology & Management 5, no. 6 (2024): 1386–97. https://doi.org/10.46729/ijstm.v5i6.1201.

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Abstract Disputes in the global construction industry are increasing every year. This is also in line with what is happening in the Indonesian construction industry. PT. XYZ, one of the pulp and paper producers in Indonesia., was the project owner of 128 construction contracts for the company's production facility development services from 2015 to 2021, had experiencing disputes on 45 of those contracts or 35.2% of the total construction contract services. The trend on time taken to resolve those disputes was observed to be 16.38 months on average, which was considered too long. The delay in h

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19

Sherif, M. Hafez Remon F. Aziz Moataz B. Elgayar. "TIME DELAY DISPUTES IN CONSTRUCTION INDUSTRY AND PREDICTION MODEL." INTERNATIONAL JOURNAL OF ENGINEERING SCIENCES & RESEARCH TECHNOLOGY 5, no. 8 (2016): 10–30. https://doi.org/10.5281/zenodo.59951.

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Construction disputes are one of main obstacles, which face the construction projects, most of construction projects are long period and complex, often finish out of planned period and budget. The main causes of construction dispute are accerlation, co-ordination, differing goals, delays, design, engineer, project complexity,quality and workmanship, site conditions, tender, variations and value engineering. It is essential to study and analyze causes of construction time delay disputes. This paper studied a list of time delay disputes causes gathered from literature having different types of c

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20

Bickl, Thomas. "Territorial Disputes in the Post - Yugoslav Space." Političke perspektive 13, no. 1 (2023): 97–127. http://dx.doi.org/10.20901/pp.13.1.05.

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This analysis of a sample of territorial or border disputes 30 years after the ‎beginning of Yugoslavia’s disintegration is informed by a pluri-angle analytical‎ framework. With territorial disputes, a single reading of the phenomenon ‎by international law with its established principles and standards of peaceful‎ dispute settlement can be insufficient. More often than not, territorial disputes‎ not only relate to territorial sovereignty per se, but also to issues of nation-‎building and statehood, identity narratives, ontological security, and‎(perceived) legitimacy as to whether a border is

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21

Mbengue, Makane Moïse. "The South China Sea Arbitration: Innovations in Marine Environmental Fact-Finding and due Diligence Obligations." AJIL Unbound 110 (2016): 285–89. http://dx.doi.org/10.1017/s239877230000917x.

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The South China Sea Arbitration is a leading case in a new generation of environmental disputes, namely, environmental disputes that occur in disputed territorial or maritime areas. The dispute between the Philippines and China before the United Nations Convention on the Law of the Sea (UNCLOS) Annex VII Tribunal (the Tribunal) dealt in significant part with the Philippines’ allegations of environmental violations by China. The Philippines asserted that China tolerated harmful fishing practices and proceeded with harmful construction activities, and that both caused serious harm to the marine

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RAZDYAKONOV, E. S., and I. N. TARASOV. "ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (CHAPTER 28.1)." Herald of Civil Procedure 10, no. 5 (2020): 134–79. http://dx.doi.org/10.24031/2226-0781-2020-10-5-134-179.

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This article is the author’s text of the article-by-article commentary to the Arbitration Procedure Code of the Russian Federation, which has not been previously published in the legal literature. It takes into account the latest changes in procedural legislation, including on the delimitation of jurisdiction over corporate disputes between arbitration courts and courts of general jurisdiction, conciliation in corporate disputes and their arbitrability, notifying participants in a corporate dispute about litigation in such a dispute and determining the procedural status of participants in a co

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Kozhushko, Svitlana, and Daryna Niavchuk. "Problems of consideration of individual labour disputes." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 181–84. http://dx.doi.org/10.36695/2219-5521.1.2021.34.

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The article examines the problems of considering individual labour disputes. Labour disputes are a type of conflict. We considerlabour disputes, both individual and collective. An individual labour dispute is a disagreement that covers up contradictions and arisesbetween an employer and an employee in the process of an employment relationship. The difference between individual and collectivelabour disputes is that the first concerns an individual employee, and not the entire staff of the enterprise. There is a procedure for consideringindividual labour disputes.The Labour Code establishes the

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Faridy, Faridy, and Lilin Hindriyani. "URGENSI PENGADILAN HUBUNGAN INDUSTRIAL DALAM PENYELESAIAN SENGKETA HUKUM DALAM DUNIA INDUSTRI." Legal Studies Journal 3, no. 2 (2023): 133–50. https://doi.org/10.33650/lsj.v3i2.10609.

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A dispute must be resolved peacefully and through negotiations between the two parties to the dispute. Settlement of Industrial Relations Disputes can be done through litigation or non-litigation. There are 4 ways to resolve industrial relations disputes that can be used using non-litigation channels, including bipartite, conciliation, arbitration and mediation. The dispute resolution process is not carried out before the court, however there are some who need the assistance of a neutral third person so that an agreement can be quickly reached between the worker/laborer and the entrepreneur an

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Kunoy, Bjørn. "Jurisdiction of Courts and Tribunals under the UN Convention on the Law of the Sea over Disputed Land Areas." International Journal of Marine and Coastal Law 39, no. 2 (2024): 345–73. https://doi.org/10.1163/15718085-bja10167.

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Abstract The United Nations Convention on the Law of the Sea (LOSC) is a pillar serving the objectives set forth in the United Nations Charter. The comprehensive compulsory dispute settlement mechanism under Section 2 of Part XV has established jurisdiction concerning disputes about the interpretation or application of the LOSC. Yet, there are situations in which disputes that relate to the LOSC arise in a broader context, one area of which relates to disputed territorial titles. This article examines the applicable conditions allowing courts and tribunals competent under Article 288(1) of the

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Huang, Jie (Jeanne), and Jiaxiang Hu. "Dispute Resolution Mechanisms and Organizations in the Implementation of One Belt, One Road Initiative: Whence and Whither." Journal of World Trade 52, Issue 5 (2018): 815–37. http://dx.doi.org/10.54648/trad2018035.

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The existing dispute settlement mechanisms in the treaties concluded by China and under Chinese domestic law are insufficient to resolve all disputes related to the ‘One Belt, One Road (OBOR)’ Initiative. It is critically important for China to design dispute settlement mechanisms and organizations to facilitate the OBOR Initiative. This article suggests, for trade disputes, the first choice should be to refer the disputes between WTO members to the Dispute Settlement Body. The regional trade regimes may function as supplements. Investment disputes may be submitted to investor-state dispute re

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Zheng, Xiaoxiao, Yisheng Liu, Jun Jiang, and Nan Su. "Quantitative Assessment of the Likelihood of Disputes in PPP Projects Using Fault Tree Analysis." Buildings 12, no. 3 (2022): 384. http://dx.doi.org/10.3390/buildings12030384.

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Disputes involved in public–private partnership (PPP) projects destroy the relationship between governments and private partners and generate huge losses. To multiply the chances of successfully preventing disputes, a holistic understanding of how a PPP dispute occurs is necessary. This paper contributes to the PPP dispute studies domain in (1) identifying various contributors that lead to the formation of PPP disputes at different levels, (2) proposing a fault tree (FT) framework of a PPP dispute, and (3) evaluating the likelihood of a PPP dispute and displaying the weakest part of a PPP proj

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Respati, H. Radea, and Asep Sapsudin. "What Is The Process Of Resolving Disputes In International Business Law?" Al-Adalah: Jurnal Hukum dan Politik Islam 9, no. 1 (2024): 94–109. http://dx.doi.org/10.30863/ajmpi.v9i1.6030.

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The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objectiv

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29

Birch, Julian. "Border Disputes and Disputed Borders: Border Disputes and Disputed Borders in the Soviet Federal System." Nationalities Papers 15, no. 1 (1987): 43–70. http://dx.doi.org/10.1080/00905998708408044.

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While the national question in the USSR has received much attention in terms both of the regime's ideological approach to it and the nationalist response to that approach, the issue of the actual minority territories created in the period from the 1920s to the 1940s has attracted little attention in recent times. Disputes over the external frontier aspects of some of these territories have certainly become familiar, as in the case of the Baltic states and Moldavia, but it is less widely appreciated that disputed borders were created, and continue to exist, within the USSR itself. A number of f

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Bidnyi, Ievgen. "Concept, characteristics and types of customs disputes related to assessment and collection of customs payments." Visegrad Journal on Human Rights, no. 6 (March 30, 2025): 11–19. https://doi.org/10.61345/1339-7915.2024.6.2.

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This article explores the concept, characteristics, and types of customs disputes related to the assessment and collection of customs payments. The relevance of this topic arises from the critical role customs payments play in replenishing Ukraine’s state budget, which simultaneously creates risks of rights violations by customs authorities and an imbalance between public and private interests. Currently, the most effective way to protect the violated rights is referring to the court for the purpose of consideration and resolution of the respective customs disputes. It has been established tha

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Kukhniuk, Dmytro, and Svitlana Zapara. "LEGAL NATURE AND PROCEDURE OF SETTLEMENT OF COLLECTIVE LABOR DISPUTES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 125 (2023): 54–58. http://dx.doi.org/10.17721/1728-2195/2023/1.125-10.

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The purpose of the study is a comprehensive analysis of current theoretical and practical problems related to the nature of legal disputes in the field of collective labor dispute resolution in Ukraine and the development of a modern approach to the procedure for resolving such disputes. The task of this article is based on the research of issues related to the establishment of a legal relationship between the definition of "legal dispute" and the concept of "collective labor dispute"; analysis in this connection that is of the nature of collective labor disputes; elucidation of the peculiarit

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Kledzik, Przemysław. "The Subject Matter of Disputes over Competences in Cases not Subject to General Administrative Procedure." Teka Komisji Prawniczej PAN Oddział w Lublinie 17, no. 1 (2024): 107–22. http://dx.doi.org/10.32084/tkp.8601.

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Differences in the assessment of individual authorities’ competences are the cause of disputes between them. According to the categories of disputing authorities in the Polish procedure, these disputes are qualified as disputes over jurisdiction and disputes over competences. The category of authorities in dispute and the type of dispute also determine the procedure and the entity authorised to settle the dispute. The prevailing view in judicial decisions is that disputes over jurisdiction and disputes over competence can arise solely against cases pending in administrative proceedings. A revi

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Putri, Annisa, and Lince Magriasti. "Upaya Pemerintahan Nagari dalam Penyelesaian Sengketa Tanah di Nagari Air Bangis Kabupaten Pasaman Barat." PUBLICNESS: Journal of Public Administration Studies 2, no. 2 (2023): 216–24. http://dx.doi.org/10.24036/publicness.v2i2.94.

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So this study aims to analyze and describe the efforts of the Nagari government in resolving land disputes in Nagari Air Bangis. The method used is qualitative-descriptive with informant retrieval techniques based on purposive sampling. The results showed that efforts have been made in resolving land disputes through five mechanisms, namely ADR (Alternative Dispute Resolution), Negotiation, Mediation, Arbitration and Neutral Fact-Finding. Efforts on the part of the Bangis Water Planters Solidarity began by conciliating the affected smallholders, the community and traditional leaders collecting

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34

Alemneh, Asmare Shetahun. "Rural Land Use Disputes in Bahir Dar Zuria Woreda Community of Ethiopia." International Journal of Agricultural Social Economics and Rural Development (Ijaserd) 4, no. 1 (2024): 37–49. http://dx.doi.org/10.37149/ijaserd.v4i1.1111.

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The objective of the paper is to assess rural land dispute in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Key informants and FGD participants were selected based on purposive and snowball sampling methods. The total number of informants pa

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Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.

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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a com

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Richardson, Elliot L. "Jan Mayen in Perspective." American Journal of International Law 82, no. 3 (1988): 443–58. http://dx.doi.org/10.2307/2202960.

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On October 22, 1981, the Governments of Iceland and Norway approved an agreement for the joint management of the resources of the Jan Mayen continental shelf. Incorporating the recommendations of a three-member conciliation commission, the Agreement obviated the need to draw a line demarcating the right to exploit the nonliving resources in the disputed area. The proliferation of boundary disputes during the intervening 7 years makes this an appropriate time to look at the potential benefits of using this approach in other maritime boundary disputes. After reviewing the stages in the resolutio

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GANDHI, Vikas H. "INDIA: THIRD-PARTY FUNDING IN PRACTICE OF INTERNATIONAL ARBITRATION." Conflict Studies Quarterly, no. 46 (January 15, 2024): 28–38. http://dx.doi.org/10.24193/csq.46.2.

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High expenses are associated with international investment arbitration. To save the additional expenditure of the adjudication, parties typically prefer sponsored third-party ar bitration proceedings. On the other hand, the third-party funder is interested in funding the arbitration to benefit significantly from the dispute’s resolution. Interestingly, the arbitrators should be able to overlook the Third-Party Funding [TPF] issue to gain the necessary compe tency. Their competence is limited to disputes between the foreign investor and the host state only. This article discusses the concept an

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Wibowo, Afrizal Mukti, Sukarmi Sukarmi, and Siti Hamidah. "ANALISIS YURIDIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN KONSUMEN DI INDONESIA." Legality : Jurnal Ilmiah Hukum 27, no. 1 (2019): 41. http://dx.doi.org/10.22219/jihl.v27i1.8957.

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Consumer financing disputes can be resolved by litigation and non-litigation. However, the choice of dispute resolution raises an competence dispute between dispute resolution institutions. Thus giving rise to legal uncertainty and losses for the parties to the dispute. The purpose of this study is to analyze the competence of consumer financing dispute resolution institutions in Indonesia. This research is a normative juridical approach with a legal, conceptual and case approach. The results of this study are that each dispute resolution institution has the attribute attributive in resolving

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Amer, Ramses. "The South China Sea." Asian Survey 55, no. 3 (2015): 618–39. http://dx.doi.org/10.1525/as.2015.55.3.618.

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The study analyzes disputes and dispute management in the South China Sea. The progress made is outlined through an overview and analysis of formally settled disputes. The unsettled disputes are identified, analyzed, and assessed. The study concludes with a broader assessment from the perspective of dispute management.

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Gayo, Sabela. "Advantages & Disadvantages Of Mediation And Conciliation As An Industrial Relations Dispute Resolution Option." International Asia Of Law and Money Laundering (IAML) 2, no. 1 (2023): 25–32. http://dx.doi.org/10.59712/iaml.v2i1.56.

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Since the birth of Law No. 2 of 2004 on industrial dispute resolution, the parties to the dispute have become easier and helped to resolve disputes between them. The instruments provided also become more diverse compared to the old rules. Such as mediation, conciliation and arbitration instruments. However, at the implementation stage, not many people understand the difference between dispute mediation and conciliation in terms of the origin and function of conciliation mediation has different characteristics as a passive mediator while in conciliation the conciliator is more active in resolvi

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Simpen, I. Ketut, and Herry Indiyah Wismani. "Penyelesaian Perselisihan Hubungan Industrial Menurut Undang-Undang Ketenagakerjaan." Jurnal Ilmiah Raad Kertha 2, no. 2 (2020): 82–97. http://dx.doi.org/10.47532/jirk.v2i2.164.

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Disputes or disputes are always possible in every human relationship including disputes inwork relations. Industrial relations disputes usually occur between workers / employers and employersor between workers 'organizations / labor organizations and company organizations / employers'organizations. Industrial relations disputes can be divided into two, namely: a) Industrial relationsdisputes according to their nature, which consist of: Collective industrial relations disputes, andindividual industrial relations disputes b) Industrial Relations Disputes according to their type, whichconsist of

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Yudistira, Arief. "Role of the village head in handling inheritance disputes outside the court in the customary inheritance law of the Osing Tribe (Blambangan) (Study in Kemiren Village, Glagah District, Banyuwangi Regency)." Requisitoire Law Enforcement 14, no. 1 (2022): 8–13. http://dx.doi.org/10.59651/relae.v14i1.72.

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The approach method used is sociological juridical, namely research that analyzes the role of the village head in society in relation to the applicable customary inheritance law. Research specifications using descriptive qualitative data analysis method, namely analytical methods based on field data and studies of problems in the literature. Based on the results of the research, the answers to the existing problems were obtained: (1) Efforts made by the Village Head were to find family trees from the parties, collect information regarding the origins of disputed assets, initiate deliberation m

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Graham, Andrew. "Does Ontology Matter?" Disputatio 6, no. 38 (2014): 67–91. http://dx.doi.org/10.2478/disp-2014-0004.

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Abstract In this paper, I argue that various disputes in ontology have important ramifications and so are worth taking seriously. I employ a criterion according to which whether a dispute matters depends on how integrated it is with the rest of our theoretical projects. Disputes that arise from previous tensions in our theorizing and have additional implications for other issues matter, while insular disputes do not. I apply this criterion in arguing that certain ontological disputes matter; specifically, the disputes over concrete possible worlds and coincident material objects. Finally, I co

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Porivaev, S. А. "Analytical Review of Judicial Practice in Resolving Administrative Tort Disputes Arising from Control and Supervisory Relations." Rossijskoe pravosudie 2 (January 28, 2021): 64–77. http://dx.doi.org/10.37399/issn2072-909x.2021.2.64-77.

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The review introduces a special concept of an administrative-tort dispute arising from control and supervisory legal relations, and identifies two independent types of such dispute resolved by courts: punitive administrative-tort disputes and restorative administrative-tort disputes. The article considers the practice of courts of general jurisdiction and arbitration courts in resolving administrative tort disputes arising from control and supervisory relations. The main types of judicial errors in such disputes are studied. The principles of law applied in the resolution of this category of d

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Оніщик, Юрій. "Альтернативні способи вирішення митних спорів". Krakowskie Studia Małopolskie 36, № 4 (2022): 122–39. http://dx.doi.org/10.15804/ksm20220408.

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The article is devoted to clarifying the nature and features of legally established alternative ways of resolving customs disputes in Ukraine. The spheres of application of alternative ways of resolving legal disputes are established. It is emphasized that alternative ways of resolving legal disputes can be used in both private and public spheres. Alternative ways of resolving customs disputes in court are identified: dispute resolution with the participation of a judge and conciliation of the parties. The specifics of these methods of resolving customs disputes are described. Attention is dra

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Tanriverdi, Cenk, Guzide Atasoy, Irem Dikmen, and M. Talat Birgonul. "CAUSAL MAPPING TO EXPLORE EMERGENCE OF CONSTRUCTION DISPUTES." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 27, no. 5 (2021): 288–302. http://dx.doi.org/10.3846/jcem.2021.14900.

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Disputes, frequently encountered in construction projects, can substantially affect project success, necessitating a clear understanding of how and why disputes occur. Previous studies on disputes mostly yielded exhaustive lists or hierarchies of possible causes of disputes, which can hardly be used to understand how these causes come together to form a dispute. To address this gap, this study provides an alternative approach to understand the underlying causes of disputes, and their relationship within a specific context, using causal map analysis. This study is conducted using causal mapping

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Yuliyanto Waisapi, Jeffery. "The Role of The Construction Dispute Board in The Settlement of Construction Disputes." Eduvest - Journal of Universal Studies 3, no. 8 (2023): 1498–505. http://dx.doi.org/10.59188/eduvest.v3i8.891.

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This study aims to analyze the role of the dispute board in the construction dispute resolution system in Indonesia. This study uses descriptive research methods. This method is used to describe and explain the phenomena that occur. The dispute board exists as an alternative to resolving construction disputes that can provide various benefits, such as saving time. The settlement of construction disputes in Indonesia is regulated in Article 88 of Law Number 2 of 2017 concerning services. In the settlement of construction disputes, the dispute Board has an important role in the settlement stages

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Slyvinska, A. V. "CONCEPT, FEATURES AND TYPES OF CORPORATE DISPUTES." Economics and Law, no. 2 (September 9, 2021): 40–52. http://dx.doi.org/10.15407/econlaw.2021.02.040.

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The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, share

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Cao, Jingyi, Jia Zhao, Buqi Zhe, and Libing Zhu. "Study on the Improvement of the Protection of Procedural Rights and Interests of Workers in Labour Dispute Arbitration." Law and Economy 3, no. 4 (2024): 15–21. http://dx.doi.org/10.56397/le.2024.04.03.

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Arbitration of labour disputes, as an important way to protect the rights and interests of workers, aims to achieve better resolution of labour disputes and maintenance of labour relations through the front-loading of arbitration of labour disputes. With the continuous development of the society, labour dispute disputes are increasing, and the procedural rights and interests of workers in labour dispute arbitration are also more and more prominent. Based on this problem, China needs to carry out a series of reforms to the labour dispute arbitration system, to fill the gaps in the existing lega

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Ahmad, Hunaeni Zulkarnaen, and Sanjaya Akbar. "The Authority of the Industrial Relations Court in Resolving Labour Disputes in Indonesia." International Journal of Social Science and Human Research 07, no. 11 (2024): 8635–40. https://doi.org/10.5281/zenodo.14209356.

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The Industrial Relations Court has the authority to resolve Industrial Relations Disputes by the Industrial Relations Dispute Settlement Law, namely Law Number 2 of 2004. This study aims to analyze the limitations of the authority of the Industrial Relations Court with the Supreme Court Circular (SEMA) Number 7 of 2012. The type of research used in this paper is normative juridical. The statutory approach and the conceptual approach are used. The analysis uses qualitative description. The results of this study show that the settlement of industrial relations disputes through the Industrial Rel

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