Log in

Relevant bibliographies by topics / Legal and political disputes / Journal articles

To see the other types of publications on this topic, follow the link: Legal and political disputes.

Journal articles on the topic 'Legal and political disputes'

Author: Grafiati

Published: 24 May 2025

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Legal and political disputes.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

ALLEE, TODD L., and PAUL K. HUTH. "Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover." American Political Science Review 100, no. 2 (2006): 219–34. http://dx.doi.org/10.1017/s0003055406062125.

Full text

Abstract:

We develop and test a general argument about the conditions under which state leaders are most likely to choose legal dispute resolution over bilateral negotiations as a means to settle international disputes. Our central claim is that leaders who anticipate significant domestic audience costs for the making of voluntary, negotiated concessions are likely to seek the “political cover” of an international legal ruling. In such cases, it will be easier for leaders to justify the making of concessions if they are mandated as part of a ruling by an international court or arbitration body. We test

APA, Harvard, Vancouver, ISO, and other styles

2

Singaruju, Rayendra Erwin Moeslimin. "Establishment Of A General Election Court System In Indonesia." Prophetic Law Review 4, no. 1 (2022): 48–69. http://dx.doi.org/10.20885/plr.vol4.iss1.art3.

Full text

Abstract:

General election disputes in Indonesia frequently cause political and legal issues. Unfortunately, an established dispute resolution institution is not available. This article aims to address this need by addressing the reasons existing legal policy on general election dispute resolution has not succeeded in resolving general election disputes transparently, accountably, and fairly, and the legal policy design and requirements of an ideal general election court for the future. This was a normative legal study using a statutory, case, and conceptual approach. The results of the study showed tha

APA, Harvard, Vancouver, ISO, and other styles

3

Anggriawan, Ferry, Mohammad Fahrial Amrulla, and Fadilla Dwi Lailawati. "Optimizing the role of political party courts in resolving internal political party disputes." Jurnal Cakrawala Hukum 13, no. 2 (2022): 145–56. http://dx.doi.org/10.26905/idjch.v13i2.7962.

Full text

Abstract:

The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Ar

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

5

Anyab, Ferdinan Paulus. "Sengketa Batas Wilayah dalam Sistem Pemerintah Daerah (Studi pada Batas Wilayah Kabupaten Sintang dan Kabupaten Sekadau)." MLJ Merdeka Law Journal 2, no. 2 (2021): 110–17. http://dx.doi.org/10.26905/mlj.v2i2.7156.

Full text

Abstract:

This study aims to analyze the settlement of boundary disputes that are available in the Indonesian legal system, analyze the factors that cause boundary disputes in the expansion of the Autonomous Region in Sintang Regency and Sekadau Regency. The type of research conducted is juridical-empirical. The results of the study conclude that: First, the pattern of settlement of territorial boundary disputes is generally through two channels, namely: non-legal settlement of border disputes, and legal settlement. Non-legally mediated by the Ministry of Home Affairs and the Governor. Meanwhile, legal

APA, Harvard, Vancouver, ISO, and other styles

6

Evdokimov, Vyacheslav, and Maksim Zaloilo. "“Kuril Dispute”: Political and Legal Models of Solution in the Aspect of Constitutional Transformation." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija 26, no. 3 (2021): 147–57. http://dx.doi.org/10.15688/jvolsu4.2021.3.13.

Full text

Abstract:

Introduction. The fate of the Southern Kuril Islands remains a stumbling block to the conclusion of a peace treaty between Russia and Japan, as well as the further development of trade, economic, environmental, political, diplomatic, and other relations between the two states. At the same time, the constitutional changes that took place in Russia in 2020 and the need to ensure national interests dictate the need to find alternative ways to solve the problem, taking into account the political and legal experience of resolving similar territorial disputes. Methods and materials. The methodologic

APA, Harvard, Vancouver, ISO, and other styles

7

Ruoting, Zheng, and Hu Jieren. "Mediating state–society disputes in China: Outsourced lawyers and their selective responses." China Information 34, no. 3 (2019): 383–405. http://dx.doi.org/10.1177/0920203x19887670.

Full text

Abstract:

Where popular contention in China is concerned, third parties are not merely supporters of protesters but also allies of the state. Through quantitative and qualitative methods, this article uses an actor-centred perspective to explore the dual role of Chinese lawyers in state dispute resolution projects. When providing legal counselling services to the public, lawyers adopt selective strategies and channel non-political cases into legal channels while keeping political cases within the political arena. When handling social disputes for the government, however, they apply professional diagnose

APA, Harvard, Vancouver, ISO, and other styles

8

Kłos, Paweł. "Mediation in the Legal System of the United Nations." Studia Iuridica Lublinensia 29, no. 4 (2020): 101. http://dx.doi.org/10.17951/sil.2020.29.4.101-116.

Full text

Abstract:

<p>The international law order is the first in which we can observe the use of mediation as a legal institution. The mediation activity conducted by the United Nations is a model for contemporary legal entities. The entity is characterized by a multitude of normative regulations and undertaking informational and promotional actions in the field of mediation. The areas of action of the United Nations include interventions in political, international and domestic disputes, trade disputes, and internal disputes thus determine the UN’s promediation activities in three spheres of activity: 1)

APA, Harvard, Vancouver, ISO, and other styles

9

Hariadi*, Hariadi, Ahmad Rustan, and Irwansyah Irwansyah. "The Position of Bawaslu as a Third Party in Election Disputes." Riwayat: Educational Journal of History and Humanities 7, no. 3 (2024): 1282–89. http://dx.doi.org/10.24815/jr.v7i3.40297.

Full text

Abstract:

In Indonesia, Bawaslu has a crucial role as a third party in handling election disputes. Although Bawaslu has a strong mandate, handling election disputes is not easy. The challenges faced include legal complexity, political pressure, and the need for adequate resources. This study aims to examine the position of Bawaslu as a third party in resolving election disputes. A qualitative method is being used in the research. The study's findings are as follows: 1) Bawaslu's position as a third party includes maintaining the integrity and fairness of elections in Indonesia. Facing political pressure

APA, Harvard, Vancouver, ISO, and other styles

10

Firdaus. F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2766.

Full text

Abstract:

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts rega

APA, Harvard, Vancouver, ISO, and other styles

11

Firdaus F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2771.

Full text

Abstract:

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts rega

APA, Harvard, Vancouver, ISO, and other styles

12

Zairudin, Ahmad. "KEPASTIAN HUKUM PENYELESAIAN KONFLIK INTERNAL PARTAI POLITIK BERDASAR UU NO 2 TAHUN 2011." HUKUM DAN DINAMIKA MASYARAKAT 20, no. 2 (2022): 70. http://dx.doi.org/10.56444/hdm.v20i2.3587.

Full text

Abstract:

The design of internal party dispute arrangements has actually been regulated in Law Number 2 of 2011 concerningg political parties, this rule is a middle way to create regulation that can resolve internal dispute probmlems within political parties. It is hoped that this presence will be able to solve all problems within political parties that have legal certainty. There are saveral legal mechanisment disputes, including though political party courts, general courts and state administrative courts. This research Method uses normative juridical cocepts with statutory, case and conseptual approc

APA, Harvard, Vancouver, ISO, and other styles

13

Ka, Sanjoon, Sung-jin Yoo, Jinsoo Park, and Kyungmee Park. "Partisanship and Political Conflicts in the Local Politics." Korea Association of Local Administration 19, no. 1 (2022): 81–102. http://dx.doi.org/10.32427/klar.2022.19.1.81.

Full text

Abstract:

This study analyzes the cases of congressional formation and the reconsideration and lawsuits on the local ordinances to explore the types of political conflicts in local politics. The partisanship, a factor of political conflicts, makes effects on the congressional formation and the reconsideration and lawsuits on the local ordinances as well as bills of budget and revised supplementary budget. Political conflicts in local congress with low partisanship competition led to the disruptive congressional management, political dealings, and legal dispute while the delayed opening, the routinizatio

APA, Harvard, Vancouver, ISO, and other styles

14

Rahmawati, Rahmawati, and Dyah Lituhayu. "Land Conflict Management as an Effort to Secure Serang Regency Government Assets." Jurnal Administrasi Publik : Public Administration Journal 12, no. 1 (2022): 20–30. http://dx.doi.org/10.31289/jap.v12i1.5889.

Full text

Abstract:

This paper aims to analyze the management of land conflicts that occurred in the assets of the Serang Regency Government as a form of securing their assets. The problem is focused on efforts to solve land disputes or conflicts and the asset security strategies that were carried out. To approach this problem, Fisher's theory of conflict management and Siregar's asset management theory were used. Data were collected through interviews, observation, and literature study and analyzed descriptively qualitatively. This study shows that land asset conflicts occur predominantly between individuals and

APA, Harvard, Vancouver, ISO, and other styles

15

Doni, Pratama Siregar, and Wisnaeni. Fifiana. "Political Legal Dissenting Opinion Ruling in the Dispute Cases on the Results of the 2024 Presidential General Election by Constitutional Judges." International Journal of Social Science and Human Research 07, no. 07 (2024): 5452–59. https://doi.org/10.5281/zenodo.12817987.

Full text

Abstract:

The Constitutional Court is a state institution formed after reform. One of the powers of the Constitutional Court is to decide disputes over general election results. Disputes regarding general election results are closely related to political practices or national political conditions. Political conditions will greatly influence the Constitutional Court's decision regarding disputes over general election results. The political configuration resulting from the intersection between law and politics occurred in the Constitutional Court in deciding disputes over general election results. This re

APA, Harvard, Vancouver, ISO, and other styles

16

Dimitrijevic, Dusko, and Ivan Dujic. "The territorial dispute in the Sea of Japan and its impact on regional security." Medjunarodni problemi 66, no. 3-4 (2014): 265–82. http://dx.doi.org/10.2298/medjp1404265d.

Full text

Abstract:

In recent years, the Sea of Japan or the East Sea as it is called in South Korea has become the place of territorial dispute. The territorial dispute between South Korea (Republic of Korea) and Japan refers to the question of sovereignty over the Takeshima/Dokdo Islands. This is a preliminary legal question for resolving the issue of demarcation of marine zones between the countries in dispute. The question of delimitation of marine zones is made particularly difficult by the fact that the countries in dispute have taken unilateral legal acts. Although the specific circumstances regarding the

APA, Harvard, Vancouver, ISO, and other styles

17

Shah, Sikander Ahmed. "Sir Creek and its Legal and Political Significance and Resolution." Polaris – Journal of Maritime Research 1, no. 1 (2019): 1–14. http://dx.doi.org/10.53963/pjmr.2019.005.1.

Full text

Abstract:

The Sir Creek dispute remains a serious hurdle in the way of any meaningful progress on ties between Pakistan and India, but it also has huge potential to be resolved by recourse to international law and bilateral negotiations. In this respect, I will explore certain important historical, legal and political aspects of the Sir Creek dispute in order to betterinform future dialogue between the two states. Among otherthings, I will discuss the status of the law and its application to the dispute. With regards to Sir Creek, other considerations that will be examined include: the impetus for boths

APA, Harvard, Vancouver, ISO, and other styles

18

KELEMEN, R. DANIEL. "The Limits of Judicial Power." Comparative Political Studies 34, no. 6 (2001): 622–50. http://dx.doi.org/10.1177/0010414001034006002.

Full text

Abstract:

This article analyzes the politics of supranational dispute resolution, focusing on trade-environment disputes in the context of the European Union (EU) and General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO). The author analyzes how the interaction of political and legal pressures has influenced decision making by the European Court of Justice (ECJ) and by GATT/WTO panels in trade-environment disputes.

APA, Harvard, Vancouver, ISO, and other styles

19

Ding, Zi. "Maritime Disputes from a Global Perspective and Solutions under International Law." Lecture Notes in Education Psychology and Public Media 66, no. 1 (2024): 34–42. http://dx.doi.org/10.54254/2753-7048/66/2024mu0013.

Full text

Abstract:

This study explores the utilization and challenges of international laws in resolving global maritime disputes through a detailed analysis of representative cases from South America, Africa, and Asia. It highlights the crucial role of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), in providing a legal framework and dispute resolution mechanisms. However, the study also identifies significant challenges, including political interference, legal ambiguity, and enforcement issues. By comparing regional dispute settlement mechanisms, the study demonstr

APA, Harvard, Vancouver, ISO, and other styles

20

Kucik, Jeffrey. "How Do Prior Rulings Affect Future Disputes?" International Studies Quarterly 63, no. 4 (2019): 1122–32. http://dx.doi.org/10.1093/isq/sqz063.

Full text

Abstract:

Abstract International dispute systems are often designed so that dispute body rulings do not set precedent. Yet governments have incentives to learn from prior decisions. Past rulings convey important information about how the law is applied. This is especially true in the World Trade Organization (WTO), where disputes frequently occur between the same members and over the same issues. I argue that case law increases the likelihood of early settlement. This helps explain why fifty percent of WTO cases end prior to a formal ruling. I use new data on the direction of ruling on each legal claim

APA, Harvard, Vancouver, ISO, and other styles

21

Hasan, Dalia I., and Attila Sipos. "Navigating the skies: Arbitration in aviation disputes." Journal of Infrastructure, Policy and Development 9, no. 1 (2025): 9975. https://doi.org/10.24294/jipd9975.

Full text

Abstract:

While the International Civil Aviation Organization (ICAO) Council is sometimes criticized for the potential influence of political agendas on its decisions, while the International Court of Justice (ICJ) is criticized for its limited jurisdiction and dependence on the party’s willingness to accept the ICJ’s jurisdiction, a crucial concern is raised over the efficiency of the current Dispute Resolution Mechanisms (DRM) for aviation industry related disputes. Unravelling the compelling inquiry that hangs in the air: Just how efficient is the current aviation arbitration legal system? Is the eff

APA, Harvard, Vancouver, ISO, and other styles

22

Afarini, Sara, Masoud Motallebi, Amir Hooshang Mirkooshesh, and Ahmad Ashrafi. "Legal Disputes Between Iran and the United States and Their Impact on Bilateral Relations." Encyclopedia of Comparative Jurisprudence and Law 3, no. 1 (2025): 1–19. https://doi.org/10.61838/jecjl.3.1.9.

Full text

Abstract:

The relationship between Iran and the United States over the past several decades has been shaped by numerous political and legal conflicts. One of the most significant aspects of this relationship involves legal disputes between the two countries, which have expanded following the Islamic Revolution of Iran and the continued state of hostile relations. The present article examines the damage determination regime in legal disputes between Iran and the United States and analyzes the impact of these disputes on their bilateral relations. The central research question is: how have legal disputes

APA, Harvard, Vancouver, ISO, and other styles

23

Arumbinang, Mohammad Hazyar, Yordan Gunawan, and Rizaldy Anggriawan. "The Fishing Rights Conflict in the South China Sea between Vietnam and China." Sriwijaya Law Review 5, no. 2 (2021): 205. http://dx.doi.org/10.28946/slrev.vol5.iss2.875.pp205-217.

Full text

Abstract:

This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Se

APA, Harvard, Vancouver, ISO, and other styles

24

Kirilenko, V. P., and G. V. Alekseev. "Classification of Maritime Disputes and Modern Legal Means of their Resolution." EURASIAN INTEGRATION: economics, law, politics 15, no. 4 (2022): 67–81. http://dx.doi.org/10.22394/2073-2929-2021-04-67-81.

Full text

Abstract:

A review of scientific articles published over the past 15 years in leading foreign scientific journals on international law demonstrates the gradual improvement of legal means for the settlement of maritime disputes between the states.Aim. Identification of the features for application of the law of the sea norms targeted on the resolution of maritime disputes that develop in the modern international system.Tasks. Development of the classification of maritime disputes, analysis of the jurisdiction of the judicial authorities competent to resolve maritime disputes, characterization of the prov

APA, Harvard, Vancouver, ISO, and other styles

25

Sony, Edy. "Mechanism Mekanisme dan Tahapan Penanganan Perkara Perselisihan Hasil Pemilu Presiden dan Wakil Presiden Tahun 2024." Bacarita Law Journal 5, no. 1 (2024): 39–49. https://doi.org/10.30598/bacarita.v5i1.13398.

Full text

Abstract:

The Presidential and Vice Presidential Elections in Indonesia is a crucial moment in the nation's democratic life. However, in the process, disputes and dissatisfaction with the election results announced by the General Election Commission (KPU) often arise. If not handled properly, this dissatisfaction can threaten political stability and public trust in the democratic system. Therefore, an effective and transparent mechanism for resolving election disputes is crucial to maintain the integrity of the democratic process in Indonesia. The research to conduct an in-depth analysis of the mechanis

APA, Harvard, Vancouver, ISO, and other styles

26

Zeng, Ka. "Legal Capacity and Developing Country Performance in the Panel Stage of the WTO Dispute Settlement System." Journal of World Trade 47, Issue 1 (2013): 187–213. http://dx.doi.org/10.54648/trad2013006.

Full text

Abstract:

Existing literature has yielded some evidence suggesting that developing countries are less likely to file World Trade Organization (WTO) trade disputes or to secure concessions in the consultation stage instead of the panel stage of the dispute settlement process. Furthermore, this 'bias' in the use of the dispute settlement mechanism against developing countries has often been attributed to developing countries' lack of legal capacity, or the financial, human and institutional resources available to analyse, pursue or litigate a dispute. However, much of this literature focuses on the constr

APA, Harvard, Vancouver, ISO, and other styles

27

Yuan, Wen Han, and Qing Gao Qian. "Disputes between the State-Owned Enery Enterprise and Farmers - Analysis in the Perspective of Sociology of Law." Advanced Materials Research 869-870 (December 2013): 462–65. http://dx.doi.org/10.4028/www.scientific.net/amr.869-870.462.

Full text

Abstract:

In recent years, with the gradual establishment of the socialist legal system in China, the construction of legal system is tending toward perfection. But the actual operating effects of law enforcement are relatively not ideal. Social group disputes occurred frequently. In this paper, three typical litigation disputes between the state-owned coal enterprises and farmers caused by coal mining are taken as examples to elaborate the concrete practice process of the law in the litigation disputes. In order to explain the inner logic of legal practice in specific disputes, the external conditions,

APA, Harvard, Vancouver, ISO, and other styles

28

Rachman, M. Anwar. "PENYELESAIAN PERSELISIHAN INTERNAL PARTAI POLITIK." Yuridika 31, no. 2 (2017): 189. http://dx.doi.org/10.20473/ydk.v31i2.4828.

Full text

Abstract:

This study discusses the Dispute Parties in Indonesia, that is the arrangement of Law and Dispute Resolution Practice According to the Political Parties Act No. 2 Year 2011 concerning Political Parties, as well as the concept of management in the future. The method which use is normative research method concern with three approach, first is statute approach, second is conceptual approach, third is historical approach, forth is case law approach. The results of this study showed that of some Political Parties Act in force in Indonesia none laws governing firmly, clearly and in detail the concep

APA, Harvard, Vancouver, ISO, and other styles

29

Odermatt, Jed. "How to Resolve Disputes Arising from Brexit." International Organizations Law Review 15, no. 2 (2018): 295–320. http://dx.doi.org/10.1163/15723747-01502003.

Full text

Abstract:

The question of how disputes arising from Brexit are to be resolved, and by which body, is one of the most sensitive issues in the negotiations on the uk’s withdrawal from the European Union and the envisaged future relationship between the uk and the eu. The legal issues related to withdrawal are further magnified in complexity due to the nature of the eu itself, which does not neatly fit into the category of a traditional international organization. The uk has repeatedly stated that it will not accept the continued role of the eu Court of Justice in the uk legal system after withdrawal. Any

APA, Harvard, Vancouver, ISO, and other styles

30

Canan, Penelope, Gloria Satterfield, Laurie Larson, and Martin Kretzmann. "Political Claims, Legal Derailment, and the Context of Disputes." Law & Society Review 24, no. 4 (1990): 923. http://dx.doi.org/10.2307/3053615.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

SIMION, Mihaela. "CONSTITUTIONAL LEGAL DISPUTES BETWEEN THE PRESIDENT OF ROMANIA AND OTHER PUBLIC AUTHORITIES IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA." Agora International Journal of Juridical Sciences 11, no. 2 (2018): 88–95. http://dx.doi.org/10.15837/aijjs.v11i2.3166.

Full text

Abstract:

Article 146 (e) of the Romanian Constitution stipulates the power of the Constitutional Court to solve legal disputes of a constitutional nature between public authorities. Thus, the Constitutional Court solves or settles constitutional disputes between the authorities belonging to the three powers in the state. These situations may concern disputes between two or more constitutional authorities regarding the content or length of their powers, as provided for by the Constitution. The result sought is to overcome possible institutional blockages.From 2005, when the Constitutional Court of Roman

APA, Harvard, Vancouver, ISO, and other styles

32

Damiani di Vergada Franzetti, Enrico. "Dispute Resolution Methods, Fundamental or Human Rights and Legal Pluralism." SocietàMutamentoPolitica 14, no. 28 (2023): 41–48. http://dx.doi.org/10.36253/smp-15011.

Full text

Abstract:

The analysis of modern political-institutional systems, democratic-constitutional of a liberal mold, if it clarifies the reasons for the presence and diffusion of dispute resolution methods (state awards), of fundamental and human rights (general) attributable to the new elites of power and government, therefore to the bourgeois class, in the context of a monistic and statistic conception of legal systems, then does not explain the reasons for the diffusion and progressive multiplication of alternative methods of resolving disputes, such as fundamental or human rights in more recent eras. It i

APA, Harvard, Vancouver, ISO, and other styles

33

Ahn, Dukgeun, and Philip I. Levy. "US–OCTG (Korea): Legal Boundary of ‘Political’ Remedy." World Trade Review 19, no. 2 (2020): 164–81. http://dx.doi.org/10.1017/s1474745620000014.

Full text

Abstract:

AbstractThe United States – Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea (US–OCTG (Korea)) Panel decision concerned the latest in a long line of antidumping (AD) disputes about Oil Country Tubular Goods. It was notable for a broadly permissive approach by the Panel – on all major legal issues but one, the Panel sided with the United States over Korean objections. The case itself was also notable for the US reversal of a negative preliminary determination, something that had occurred in less than 1% of prior cases. Finally, the case was notable for unusual behaviour out

APA, Harvard, Vancouver, ISO, and other styles

34

Gray, Julia, and Philip Potter. "Diplomacy and the Settlement of International Trade Disputes." Journal of Conflict Resolution 64, no. 7-8 (2020): 1358–89. http://dx.doi.org/10.1177/0022002719900004.

Full text

Abstract:

How do countries settle disputes in the shadow of the law? Even in the presence of legalized dispute settlement, countries still rely on diplomatic channels to resolve conflicts. But it can be difficult to assess diplomacy’s impact on dispute resolution because those channels tend to be opaque. We present both an original theory of the impact of diplomacy on dispute resolution and a novel measure of diplomacy. If countries with close or, conversely, distant relationships use legal channels for dispute resolution, diplomacy will have little impact on dispute settlement; resorting to legal recou

APA, Harvard, Vancouver, ISO, and other styles

35

Zainudin, Arif, Muchamad Ali Safa’at, Tunggul Anshari, and Riana Susmayanti. "Reconceptualizing The Dispute Resolution Model for Village Head Elections Towards Independent and Fair Elections." Audito Comparative Law Journal (ACLJ) 6, no. 1 (2025): 48–72. https://doi.org/10.22219/aclj.v6i1.38378.

Full text

Abstract:

This study aims to reconceptualize the dispute resolution model for Pilkades, which has traditionally been handled by regents/mayors (Bupati/Walikota), a mechanism criticized for being prone to political interference and lacking principles of justice and independence. The election of village heads (Pilkades) represents a form of local democracy, reflecting community participation in village governance. However, its implementation is often marred by disputes over election results, leading to social tensions and conflicts. Using normative and empirical legal approaches, this research analyzes th

APA, Harvard, Vancouver, ISO, and other styles

36

Mitchell, Kristina M. W. "Developing Country Success in WTO Disputes." Journal of World Trade 47, Issue 1 (2013): 77–104. http://dx.doi.org/10.54648/trad2013003.

Full text

Abstract:

Developing country participation in the World Trade Organization (WTO) dispute settlement mechanism (DSM) has been studied extensively in the literature, with many scholars concluding that developing countries are underrepresented due to a lack of domestic legal capacity. I expand study of developing countries in the DSM by looking at legal capacity's role in the panel stage of disputes. I consider the impact of newly available legal aid and create a novel measure for legal expertise that draws from domestic Supreme Court literature. I find that legal capacity variables are not the predictors

APA, Harvard, Vancouver, ISO, and other styles

37

Hafner-Burton, Emilie M., Zachary C. Steinert-Threlkeld, and David G. Victor. "Predictability Versus Flexibility." World Politics 68, no. 3 (2016): 413–53. http://dx.doi.org/10.1017/s004388711600006x.

Full text

Abstract:

There is heated debate over the wisdom and effect of secrecy in international negotiations. This debate has become central to the process of foreign investment arbitration because parties to disputes nearly always can choose to hide arbitral outcomes from public view. Working with a new database of disputes at the world's largest investor-state arbitral institution, the World Bank's International Centre for Settlement of Investment Disputes, the authors examine the incentives of firms and governments to keep the details of their disputes secret. The authors argue that secrecy in the context of

APA, Harvard, Vancouver, ISO, and other styles

38

Kocher, Eva. "The regulation of conflicts in the German industrial relations system: legal and extralegal institutions and procedures." Transfer: European Review of Labour and Research 8, no. 4 (2002): 654–69. http://dx.doi.org/10.1177/102425890200800405.

Full text

Abstract:

The German law of conflict resolution in labour law distinguishes between legal disputes and regulatory disputes or conflicts of interest. The industrial tribunals have exclusive competence in the resolution of legal disputes; regulatory disputes can be tackled by various out-of-court mechanisms, especially collective disputes at plant level. It would contravene the constitutional principle of free collective bargaining legally to prescribe compulsory conciliation or arbitration in collective bargaining disputes. The fact that individual disputes are referred to the tribunals or courts does no

APA, Harvard, Vancouver, ISO, and other styles

39

Indarto, Ervan Kus, Arya Wanda Wirayuda, Oni Dwi Arianto, Rima Firdaus, and Henry Ufomba. "Election Dispute Resolution and Justice as Fairness: A Study of Regional Head Elections in Indonesia." Jurnal Mengkaji Indonesia 2, no. 2 (2023): 357–73. http://dx.doi.org/10.59066/jmi.v2i2.258.

Full text

Abstract:

Abstract: The concept of justice is still relevant for debate, involving two political and legal perspectives. However, the two met in the context of resolving election disputes. Namely the election justice mechanism to resolve all forms of election disputes. This study will focus on resolving election result disputes, the 2020 Regional Head Election Results Dispute. John Rawls is a philosopher and political theorist who strongly influenced the tradition of justice theory. The concept of justice is offered from criticism of utilitarianism and intuitionism. Justice as fairness is a concept of j

APA, Harvard, Vancouver, ISO, and other styles

40

Saragi, Nathasia Angelina. "PENYELESAIAN SENGKETA WILAYAH BAGI KEDAULATAN TERITORIAL INDIA ATAS KLAIM SEPIHAK OLEH TIONGKOK." Jurnal Dialektika Politik 8, no. 2 (2024): 213–22. http://dx.doi.org/10.37949/jdp.v8i2.175.

Full text

Abstract:

This research discusses the territorial dispute between China and India, which is caused by China's unilateral claim to territory that is considered part of India. This research uses the literature review method to understand why the Chinese government claims the territory and how the dispute can be resolved. It also discusses the difference between legal and political disputes, and how the China and India border dispute can be categorised as an ongoing territorial dispute over the sovereignty of two territories.

APA, Harvard, Vancouver, ISO, and other styles

41

Callista Yo, Beatrice, Franciscus Wartoyo, Livia Cheryl, and Vanessa Maurent. "The Harmonization of Pancasila Values and the 1945 Constitution in Resolving Modern Electoral Disputes Based on the Principle of Rule of Law." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2885–93. https://doi.org/10.38035/jlph.v5i4.1656.

Full text

Abstract:

This research aims to analyze the correlation of modern election dispute resolution in a constitutional state in the context of the basic constitution, namely the 1945 Constitution and Pancasila. Using normative qualitative research methods, this research focuses on studying the application of basic state principles in resolving election disputes in Indonesia. The elections held were based on the principles of democracy and popular sovereignty in Article 1 paragraph 3 of the 1945 Constitution which often gave rise to disputes, which ultimately threatened political and legal stability. Therefor

APA, Harvard, Vancouver, ISO, and other styles

42

Xhelilaj, Ermal. "Legal instruments of the Law of the Sea related to the peaceful resolution of maritime disputes." Pomorstvo 36, no. 1 (2022): 123–27. http://dx.doi.org/10.31217/p.36.1.14.

Full text

Abstract:

During the last decades, the international practice has indicated that maritime disputes among coastal states have erupted as a result of direct infringements of maritime jurisdiction and rights of one coastal state towards another. These maritime disputes involve many aggravated issues and problems reflecting often conflicts of international nature which have to be tackled and given an appropriate resolution to avoid a possible escalation of a maritime conflict or crisis. The most problematic and dangerous cases related to these maritime conflicts are the maritime zones’ delimitation among co

APA, Harvard, Vancouver, ISO, and other styles

43

Soriano, Leonor Moral. "Vertical juridical disputes over legal bases." West European Politics 30, no. 2 (2007): 321–37. http://dx.doi.org/10.1080/01402380701239764.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Mamanovich, Rasulov Hakim. "THE MASS MEDIA AS A SUBJECT OF POLITICAL AND LEGAL PROPAGANDA." European International Journal of Multidisciplinary Research and Management Studies 02, no. 10 (2022): 122–28. http://dx.doi.org/10.55640/eijmrms-02-10-22.

Full text

Abstract:

Mass media is not only a subject of political and legal information dissemination and informing the population, but also provides an opportunity to interpret, analyze and evaluate legal documents and legal relations, events, disputes. In this way, social and political life in the public serves to form relationships in particular. The mass media should become an effective link between the people and the government, become an active propagandist of the reforms implemented in the country. Only then can it fully manifest its essence, tasks and characteristics.

APA, Harvard, Vancouver, ISO, and other styles

45

MIKHALIOVA, Tatsiana, and Gregory VASILEVICH. "Integration Political and Legal Analysis of Dispute Resolution and Prospects for Digitalization of Justice in the Eurasian Economic Union." WISDOM 28, no. 4 (2023): 190–200. http://dx.doi.org/10.24234/wisdom.v28i4.1089.

Full text

Abstract:

The article refers to a system of dispute resolution in the Eurasian Economic Union, tendencies of its reforming and prospects for digitalization as a fundamental feature of regional integration policy improvement. A complex variety of disputes in an integration association is considered: interstate, supranational vertical, supranational horizontal, and cross-border. The appropriate mechanisms for each of them and rationale to enhance integration are discussed. The authors suggest amendments for enhancing the cooperation of the EAEU Court with national courts, as well as evolving other mechani

APA, Harvard, Vancouver, ISO, and other styles

46

Skrynka, Dmytro. "Realism in International Trade Relations: Limiting Judicial Activism." Polish Political Science Yearbook 54, no. 1 (2025): 19–37. https://doi.org/10.15804/ppsy202502.

Full text

Abstract:

The WTO dispute settlement system crisis is an important milestone in the history of international law. Since the realist school in the study of international relations is known for its attention to the limits of the functions of international law, it is quite appropriate to review the key concepts of the realist school relevant to the current crisis. The ambitious endeavor to minimize the use of political methods of dispute settlement in international trade disputes within the institutional system of the WTO has not been quite successful. As postulated by realists, the political processes pre

APA, Harvard, Vancouver, ISO, and other styles

47

Hill-Cawthorne, Lawrence. "INTERNATIONAL LITIGATION AND THE DISAGGREGATION OF DISPUTES: UKRAINE/RUSSIA AS A CASE STUDY." International and Comparative Law Quarterly 68, no. 04 (2019): 779–815. http://dx.doi.org/10.1017/s0020589319000411.

Full text

Abstract:

AbstractThis article explores the phenomenon of ‘disaggregation’ of disputes in international law, that is, the carving up of broader disputes into discrete legal claims based on different international legal rules and subject to the jurisdiction of different international tribunals. In particular, its focus is on certain under-explored consequences of this phenomenon for the jurisdiction of international tribunals, asking whether the relationship between the specific claims and the broader dispute might affect the jurisdiction of the tribunals. Employing the ongoing Ukraine/Russia dispute, wh

APA, Harvard, Vancouver, ISO, and other styles

48

Park, Jee-Hyeong, Dukgeun Ahn, and Jihong Lee. "Understanding Non-litigated Disputes in the WTO Dispute Settlement System." Journal of World Trade 47, Issue 5 (2013): 985–1012. http://dx.doi.org/10.54648/trad2013033.

Full text

Abstract:

This article focuses on a less scrutinized aspect of the WTO dispute settlement system - non-litigated disputes. Legal rules concerning consultation and settlement during the panel proceedings are analysed with the case laws. We then propose, and empirically analyse, several key economic determinants of non-litigation in the WTO dispute settlement system that are motivated by the theory of bargaining with informational asymmetry. In particular, our logistic regressions show that a greater difference in the size of the pair of disputing countries reduces the likelihood of voluntary settlement o

APA, Harvard, Vancouver, ISO, and other styles

49

Tishkovich, K. S. "Alternative Ways of Resolution of Individual Labor Disputes: Experience and Development Prospects." Siberian Law Herald 2 (2023): 57–61. http://dx.doi.org/10.26516/2071-8136.2023.2.57.

Full text

Abstract:

The article considers the experience of the formation of conciliation institutions in the field of labor relations based on the analysis of Soviet labor legislation. It is concluded that the effectiveness of alternative methods of dispute settlement in a particular State depends on political, economic, legal conditions, as well as on historical prerequisites. The article considers individual problems that hinder the effective use of mediation for the settlement of individual labor disputes, as well as the conditions under which mediation is the most preferred method to resolve labor conflict.

APA, Harvard, Vancouver, ISO, and other styles

50

Mu, He. "The Distinction Between Legal and Political Disputes in International Adjudication." Peking University Law Journal 2, no. 1 (2014): 202–25. http://dx.doi.org/10.1080/20517483.2014.11424488.

Full text

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!