Relevant bibliographies by topics / Settlement And enforcement

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Settlement And enforcement'

Author: Grafiati
Published: 4 June 2021
Last updated: 4 February 2022

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Journal articles on the topic "Settlement And enforcement"

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Anzenberger, Philipp. "The Cross-Border Enforcement of Court Settlements within Brussels Ia Regulation: From a European and an Austrian Perspective." Lexonomica 12, no. 2 (2020): 149–62. http://dx.doi.org/10.18690/lexonomica.12.2.149-162.2020.

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Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines so
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Sławicki, Piotr. "Settlement concluded before a mediator in criminal proceedings as an enforcement." Nowa Kodyfikacja Prawa Karnego 58 (March 3, 2021): 25–40. http://dx.doi.org/10.19195/2084-5065.58.3.

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The article presents the legal nature of mediation settlements in criminal proceed-ings. The fi rst chapter describes the genesis of the provisions governing a mediation settlement. Subsequently, proceedings will be presented regarding the issue of a writ of enforcement. The last part will deal with the issue of the legal nature of a settlement in enforcement proceedings.
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Žukauskaitė, Miglė. "Enforcement of Mediated Settlement Agreements." Teisė 111 (May 20, 2019): 205–17. http://dx.doi.org/10.15388/teise.2019.111.12.

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[full article, abstract in English; abstract in Lithuanian]
 Upon the recent finalization of the Singapore Mediation Convention, a comparative analysis is conducted in the article between the newly prepared instrument and two other international enforcement mechanisms of mediated agreements offered by the EU Mediation Directive and SIAC-SIMC Arb-Med-Arb protocol, both currently in force.
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Van Zelst, Bastiaan, and Mathew P. Good. "Transatlantic enforcement of Dutch collective settlement judgments: the case of Canada." Maastricht Journal of European and Comparative Law 27, no. 1 (2020): 29–54. http://dx.doi.org/10.1177/1023263x19888590.

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This article aims to discuss the enforcement of foreign collective action and settlement judgments in Canada. More specifically, it investigates the enforceability of the decision by the Amsterdam Court of Appeal declaring binding a class settlement in the Ageas case. The development of the Netherlands into a prime venue for (cross-border) collective settlements – including with respect to claimants and defendants residing across the Atlantic – renders a discussion of the enforceability of court decisions pertaining to the collective settlement of disputes of interest from a Dutch, EU and extr
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Pelzman, Joseph, and Amir Shoham. "WTO Enforcement Issues." Global Economy Journal 7, no. 1 (2007): 1850105. http://dx.doi.org/10.2202/1524-5861.1245.

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In theory, the WTO dispute settlement system is expected, via an elaborate system of sequential legal maneuvers to ensure the implementation of the dispute settlement body (DSB) recommendations. In reality when trade issues rise above some critical threshold to a respondent, the theory behind the DSU enforcement breaks down and the well meaning legal system only leads to prolonging the dispute rather than resolving it. Since 1995, more than 300 complaints have been filed through the WTO dispute settlement system. In most cases, the parties reach a mutually satisfactory solution in accordance w
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Sharp, Alan, and Conan Fischer. "The Versailles Settlement: Enforcement, Compliance, Contested Identities." Diplomacy & Statecraft 16, no. 3 (2005): 419–22. http://dx.doi.org/10.1080/09592290500245271.

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Zaring, David. "Enforcement against the Biggest Banks." Journal of Financial Regulation 7, no. 1 (2021): 1–47. http://dx.doi.org/10.1093/jfr/fjab005.

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ABSTRACT Being a big bank means the regular payment of huge fines to a number of different regulators, paired with profuse apologies, and promises to do better next time. This article makes use of a hand-collected dataset to show how this enforcement worked in the United States after the passage of the Dodd-Frank Wall Street Reform Act. American regulators have tended to hunt the big banks in packs, with multiple regulators pursuing fines against financial institutions for the same misconduct. Regulators frequently enforce in a ‘viral’ manner: once they sanction one bank for a type of miscondu
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G. Schwab, Gregory. "SEC changes course: some companies must now admit wrongdoing." Journal of Investment Compliance 15, no. 1 (2014): 33–34. http://dx.doi.org/10.1108/joic-01-2014-0005.

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Purpose – To educate the audience about a significant change in SEC enforcement policy Design/methodology/approach – Research was performed of SEC officials' recent public statements about the change in enforcement policy. Findings – The SEC has increased enforcement activity in recent years, and the commission will begin insisting on admissions of wrongdoing in future settlement negotiations. Practical implications – Private litigants will seize on any admissions exacted by the SEC from corporate defendants. This could result in huge damage awards in private civil litigation. Originality/valu
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Greene, Carlton, Thomas Hanusik, Cari Stinebower, and Sarah Bartle. "AML compliance in the age of individual accountability." Journal of Investment Compliance 18, no. 3 (2017): 44–47. http://dx.doi.org/10.1108/joic-06-2017-0045.

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Purpose To analyze FinCEN’s settlement with Thomas Haider and examine regulatory agencies’ emphasis on individual accountability and the implications of this emphasis for anti-money laundering (AML) compliance personnel, and to provide practical guidance for personnel who have involvement with or oversight of corporate AML programs. Design/methodology/approach This article analyzes the Thomas Haider settlement and its importance for individuals involved in AML compliance functions. This analysis includes an examination of several recent corporate and individual enforcement actions to contextua
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Treichl, Clemens. "The Singapore Convention: Towards a Universal Standard for the Recognition and Enforcement of International Settlement Agreements?" Journal of International Dispute Settlement 11, no. 3 (2020): 409–29. http://dx.doi.org/10.1093/jnlids/idaa013.

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Abstract The Singapore Convention seeks to establish a universal standard for the recognition and enforcement of international settlement agreements resulting from mediation. Assuming it finds wide acceptance, the Convention could harmonize existing enforcement mechanisms, the effect of which typically does not extend to foreign jurisdictions. Ideally, this could leverage mediation in a similar way as the New York Convention helped establish arbitration as the prime means of dispute settlement on the international plane. After contextualizing the Singapore Convention in light of the increasing
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Dissertations / Theses on the topic "Settlement And enforcement"

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Walters, Zeph. "Evaluating the enforcement of World Trade Organisation dispute settlement decisions." University of Western Cape, 2019. http://hdl.handle.net/11394/7563.

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Magister Legum - LLM<br>The World Trade Organisation (WTO) deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements.1 Furthermore, it has implemented a dispute resolution process aimed at enforcing participants' adherence to WTO agreements. Ideally, all WTO member states have ‘a level playing field’ in terms of access and equal rights under the dispute settlement mechanism. Disputes should be resolved in a fair and impartial manner. However, the WTO’s DSS has been criticised for b
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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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Wilking, Felix. "The enforcement and setting aside of mediation settlement agreements : a comparison between German and international commercial mediation." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16938.

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Includes bibliographical references<br>The number of disputes solved through mediation has increased steadily over the last centuries. A mediation settlement agreement is supposed to end a dispute. But from time to time it can be the beginning of a new dispute. Parties to the mediation settlement agreement might want to get rid of it meanwhile the other party seeks for enforcement of the agreement. This minor dissertation examines the possibilities of the parties as to the questions of enforcing and setting aside of mediation settlement agreements in Germany and in international mediation. It
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Mellaerts, Wim. "Dispute settlement and the law in three provincial towns in France, England and Holland, 1880-1914 : a cross-national comparison." Thesis, University of East Anglia, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338045.

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Wallace, Goring Namitasha. "The CARICOM dispute settlement mechanism : an analysis of the infringement and enforcement institutions and procedures based on a review of the WTO and EU dispute settlement regimes." Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=185858.

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The proliferation of regional trading agreements around the world has changed the landscape of international trade law from a multi-polar system anchored in the nationstate to one where there are groups of closely-knit sovereign nations. They are usually drawn along geographical lines and are conducting trade with one another in a myriad of ways. This craze for trade deals is sure to give rise to disputes that are an inescapable outcome of the bilateral, regional and international agreements that contain the will of these nations to engage in greater co-operation with one another. As such, it
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Ndlovu, Precious Nonhlanhla. "Competition law and cartel enforcement regimes in the global south: examining the effectiveness of co-operation in south-south regional trade agreements." University of the Western Cape, 2017. http://hdl.handle.net/11394/6286.

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Doctor Legum - LLD<br>Competition law and its enforcement have become necessary tools in the face of trade liberalisation. Nowhere is this more evident than in the area of cross-border cartels. The global South is steadily becoming aware of this. With the advent of globalisation and trade liberalisation, individual economies have become intrinsically linked. Anti-competitive conduct in one territory may have an impact in another territory. Therefore, an effective regional competition law framework complements trade liberalisation, especially in light of the principal objective of the South-Sou
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Acevedo, D. E. "Settlement of intraregional disputes : the question of OAS authority versus UN authority : an analysis of the competence of the Organization of American States vis-a-vis the United Nations with regard to peaceful settlement of regional disputes, enforcement action." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.233646.

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Baazius, Helena. "The Mediation Process : a Better Access to Justice in EU?" Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15100.

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Abstract Unlike litigation and arbitration, mediation is a more informal way to settle disputes. The process has been considered to be quick, cheap and interest-based and it is said to promote amicable settlements. Yet mediation is not commonly used as a dispute resolution method in Sweden today. However, mediation as a dispute resolution method is promoted by the EU institutions and the European Parliament and the Council has adopted a directive which will secure that the EU citizens, in some cases, will have the possibility to choose extrajudicial mediation as a dispute resolution method. Un
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Nesheiwat, Ferris K. "The compliance with intellectual property laws and their enforcement in Jordan : a post-WTO review & analysis." Thesis, Durham University, 2012. http://etheses.dur.ac.uk/3639/.

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This thesis examines the implementation, enforcement and evolution of IP laws and regulations in the Hashemite Kingdom of Jordan. The period of interest includes the last decade of the twentieth century and the first decade of the twenty first century, with emphasis on the role played by Free Trade Agreements struck between Jordan and the United States, the European Union, and Jordan’s accession to the World Trade Organization. This thesis also examines the enforcement of the current set of IP laws in Jordan, and looks at their social and economic compatibility with the Jordanian societal norm
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Medrado, Renê Guilherme da Silva. "Retaliação coletiva e teoria de formação de alianças no sistema de solução de controvérsias da Organização Mundial do Comércio." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-25052012-141737/.

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Esta tese teve por objeto analisar a viabilidade de implementação de, no âmbito do sistema de solução de controvérsias (SSC) da OMC, um mecanismo de contramedidas (retaliação) coletiva, à luz da teoria de formação de alianças, tal qual desenvolvida na teoria de relações internacionais. O objetivo foi perquirir se e em que condições poderão se formar coalizões visando à aplicação de retaliação coletiva, caso tal mecanismo seja incorporado ao SSC/OMC. A tese se baseou na premissa de que o enforcement do SSC/OMC ainda se funda em soluções de self-help, ou seja, dependente da força, do poder, do M
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Books on the topic "Settlement And enforcement"

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P, Ryan Michael. Interim report on judicial capacity regarding intellectual property: Enforcement and dispute settlement. International Intellectual Property Institute, 2002.

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Takata, Christine Ann. Catlaw legal access workbook: Illinois child support modification and enforcement : law basics, settlement, trial, appeal. C.A. Takata, 2000.

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Audits, California Bureau of State. Department of Insurance: Recent settlement and enforcement practices raise serious concerns about its regulation of insurance companies. Bureau of State Audits, 2000.

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United States. Congress. Senate. Committee on the Judiciary. Amending Title 31 of the United States Code to increase settlement authority and expand coverage relating to claims for damages resulting from law enforcement activities: Report (to accompany S. 604). U.S. G.P.O., 1989.

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United States. Congress. Senate. Committee on the Judiciary. Amending Title 31 of the United States Code to increase settlement authority and expand coverage relating to claims for damages resulting from law enforcement activities: Report (to accompany S. 604). U.S. G.P.O., 1989.

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Foreseen but not prevented: The Israeli law enforcement authorities handling of settler attacks on olive harvesters. B'Tselem, 2002.

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Fan long duan zhi fa he jie zhi du: Guo jia gan yu qi yue hua zhi lan shang = Settlement System of Antitrust Law Enforcement : Origination of State Intervention Contracting. Zhongguo fa zhi chu ban she, 2013.

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Poppe, Christian. Gjeldsordningslovens første leveår: En evaluering av lovens konsekvenser for namsmenn, kreditorer og skyldnere = The Act of voluntary and compulsory debt settlement for private individuals : its concequences [sic] for enforcement officers, creditors, and debitors. Statens institutt for forbruksforskning, 1993.

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9

Harahap, M. Yahya. Arbitrase: Ditinjau dari Reglemen Acara Perdata (Rv), Peraturan prosedur BANI, International Centre for the Settlement of Investment Disputes (ICSID), UNCITRAL arbitration rules, Convention on the Recognition and Enforcement of Foreing [sic] Arbitral Award, PERMA no. 1 tahun 1990. 2nd ed. Sinar Grafika, 2001.

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Advanced Family Law Seminar (6th 1990 Richmond, Va.). Post-divorce modification and enforcement: It's not over 'til it's over--will it ever be over? Virginia Law Foundation, 1990.

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Book chapters on the topic "Settlement And enforcement"

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Lusaka Agreement on Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora of September 8, 1994." In Dispute Settlement in Public International Law. Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_93.

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Checkley, Janet C. "Cross-Border Enforcement of Mediated Settlement Agreements and Potential Impact on the Practice of International Arbitration." In Balkan Yearbook of European and International Law 2019. Springer International Publishing, 2020. http://dx.doi.org/10.1007/16247_2019_2.

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Gürakar, Esra Çeviker. "Political Economy of Reform and Retrogression in the Public Procurement System: Third Party Enforcement Versus the Political Settlement in Turkey." In Politics of Favoritism in Public Procurement in Turkey. Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/978-1-137-59185-2_3.

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Bufalini, Alessandro. "Waiting for Negotiations: An Italian Way to Get Out of the Deadlock." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_9.

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AbstractThe outcome of Judgment 238/2014 does not directly rely on the fact that the international dispute on state immunity involves two member states of the EU. Also, it is difficult to envisage at the European level any normative development on the international rules on state immunity. It seems, however, that some useful lessons can be learnt from the judicial dialogue between the European Court of Justice, the European Court of Human Rights, and constitutional courts. In very general terms and for many reasons, the relationship between constitutional courts and the International Court of Justice (ICJ) cannot rely on particularly sophisticated techniques of judicial dialogue.This encourages us to consider the importance of involving state-level political organs as one of the counterparts to the dialogue. The potential power of judges to address these political organs in order to find a diplomatic solution raises the thorny question of whether this availability of alternative means of dispute settlement at the international level might impact on (or somehow restrict) the right of access to justice for Italian victims. Since both ICJ and the Italian Constitutional Court (ItCC) seem to agree that negotiation is the alternative dispute settlement par excellence (and the only means available to settle the present dispute at the international level), the ItCC might have given more importance to the availability of alternative means of redress—in the form of negotiations between the two states—in order to wear down the absolute character of the principle of judicial protection enshrined in Article 24 of the Italian Constitution.Of course, a negotiated solution depends upon the willingness of both parties, whereas an Italian political initiative aimed at unilaterally granting reparation to the victims is always possible. Moreover, the latter solution may stop the enforcement of Judgment 238/2014 and reduce Italy’s exposure to international responsibility for non-compliance with the 2012 ICJ Judgment. So long as Italian victims and their heirs are compensated, the restriction on their right to seek justice through the courts might become more tolerable for the Italian tribunals.
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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Park, J. H. "Enforcement and Dispute Settlement." In Handbook of Commercial Policy. Elsevier, 2016. http://dx.doi.org/10.1016/bs.hescop.2016.04.006.

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Noonan, Chris. "Dispute Settlement and Enforcement." In The Emerging Principles of International Competition Law. Oxford University Press, 2008. http://dx.doi.org/10.1093/acprof:oso/9780199207527.003.0012.

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Mintz, Joel A. "Settlement of environmental enforcement disputes." In Compliance and Enforcement of Environmental Law. Edward Elgar Publishing, 2017. http://dx.doi.org/10.4337/9781783477685.iv.11.

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"Compliance: implementation, enforcement, dispute settlement." In Principles of International Environmental Law. Cambridge University Press, 2003. http://dx.doi.org/10.1017/cbo9780511813511.008.

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Hoekman, Bernard M., and Michel M. Kostecki. "Dispute Settlement and Enforcement of Rules." In The Political Economy of the World Trading System. Oxford University Press, 2001. http://dx.doi.org/10.1093/019829431x.003.0004.

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Conference papers on the topic "Settlement And enforcement"

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Stanković, Gordana, and Marijana Dukić Mijatović. "POSREDNIČKE USLUGE JAVNIH IZVRŠITELjA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.377s.

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The amended provisions of the Law on Enforcement and Security (2015) from 2019 envisage a new, intermediary function of public executors before initiating the enforcement procedure by regulating the mediation procedure for the purpose of voluntary settlement of the monetary claim of the executive creditor. In addition to the mediating role that the public executor may have during the enforcement procedure, provided for in the original text of the Law on Enforcement and Security, its mediating function has been extended to the mediation procedure that can be conducted before the enforcement pro
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Raharjo, Agus, and Yusuf Saefudin. "Bureaucracy in Criminal Justice A Study of Criminogen Factors in Law Enforcement on Narcotics Crime Settlement." In International Conference on Administrative Science (ICAS 2017). Atlantis Press, 2017. http://dx.doi.org/10.2991/icas-17.2017.2.

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Reports on the topic "Settlement And enforcement"

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Polinsky, A. Mitchell, and Daniel Rubinfeld. A Note on Optimal Public Enforcement with Settlements and Litigation Costs. National Bureau of Economic Research, 1986. http://dx.doi.org/10.3386/w2114.

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