Search results for "dispute"

Mediation and Private International Law: Improving Free Circulation of Mediation Agreements Across the EU

2016

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs upon request by the JURI Committee, examines the issues arising in the context of cross-border mediation. Cross-border litigation has increased steadily in recent years in Europe as a consequence of the consolidation of the European unification process. The enactment of Directive 2008/52/EC has certainly led to the presence of mediation legislation in the EU Member States. But many important differences can still be ascertained in relation to the legal framework developed, which affect key aspects of mediation. For mediation to obtain full endorsement by citizens in the fu…

Recensione di Controversie nella medicina antica, a cura di Stefania Fortuna, in Medicina nei Secoli, N. S., vol. 29.3, 2017, pp. 733-1117

2020

Si tratta di una dettagliata recensione di un volume miscellaneo, curato da Stefania Fortuna, dedicato al tema delle controversie nell'ambito della letteratura medica antica e medioevale, e pubblicato come numero speciale della rivista Medicina nei Secoli (29.3, 2017). A detailed review of a miscellaneous volume, edited by Stefania Fortuna, dedicated to the topic of controversies in the field of ancient and medieval medical literature, and published as a special issue of the journal Medicina nei Secoli (29.3, 2017).

Innovation: transforming hierarchies in South Asia

2014

This special issue examines innovation as social change in South Asia. From an anthropological micro perspective, innovation is moulded by social systems of value and hierarchy and simultaneously potentially transforms them. The articles in this special issue examine a number of innovations in South Asian contexts: the printing press's changing technology and its intersections with communal and language ideologies in India (Peterson); mobile telephony, gender, and kinship in West Bengal (Tenhunen); microcredit and its relationship with social capital in Bangladesh (Uddin); imbalanced sex ratios and the future of marriage payments in north-western India (Jeffery); and how alternative dispute…

Class Actions or Collective Redress: The Need for an Efficient European Tool

2014

Collective redress makes sense both in court-based litigation and in alternative dispute resolution (ADR). Yet while the courts generally have a good sense of collective redress (though arguably there is room for improvements), in the second framework, there are some contradictions from a dogmatic point of view. When collective interests come up in conflict, judicial coercion and a judicial structure are often needed to resolve the conflict. In addition, the absence of a voluntary agreement, especially from the abuser’s side, makes it more difficult to resolve conflicts using ADR. The future EU Directive in Consumer Collective Redress aims to bring a new era to the field. In this paper, I s…

El rrgimen jurrdico del arbitraje comercial internacional en Bolivia (The Legal Regime of International Commercial Arbitration in Bolivia)

2014

Spanish Abstract: El presente articulo analiza en profundidad la actual situacion del tratamiento del arbitraje comercial internacional en Bolivia, sus tendencias y las dificultades que afronta. El trabajo estudia de manera critica las soluciones aportadas por la Ley 1770 de conciliacion y arbitraje, su ambito y lagunas. English Abstract: This Article studies in depth the current situation of the legal regime of International Commercial Arbitration in Bolivia and its trends and difficulties. It analyzes in a critical manner the different solutions provided by the Act 1770 on Arbitration and Conciliation, their scope and gaps.

ADR Mechanisms and Their Incorporation into Global Justice in the Twenty-First Century: Some Concepts and Trends

2014

The State and State courts have been approached for centuries as the almost only available instruments to ensure access to justice to citizens; that is to guarantee the right to an effective remedy before an independent and impartial tribunal previously established by law within a reasonable time. A monopoly for the State in the field of dispute resolution has existed to the extent that despite the long presence of non-judicial instruments of dispute resolution in many jurisdictions, they have been traditionally considered as marginal in most countries and have lacked real implementation by citizens and legal actors.Unfortunately, the situation is not fully satisfactory. State courts have b…

From Nazi holocaust to nuclear holocaust: a lesson to learn?

1986

In a 1986 address to the International Physicians for the Prevention of Nuclear War, a German physician describes his profession's embrace of National Socialism. The nationalistic sentiments of German scientists led them to identify with the goals of the Third Reich and to participate in its programs. He gives examples of physician involvement in the Nazi Party, discrimination against "non-Aryan" doctors, "eugenic" mass murder, and lethal experiments with human subjects. The few who protested were regarded as traitors by the profession as a whole, and post-war apologists argue that physicians' organizations had no choice but to collaborate with the Nazis. Hanauske-Abel rejects this reasonin…

Il diritto di difesa degli staff member nei sistemi di giustizia interna dell'Organizzazione Internazionale del Lavoro, dell'Organizzazione delle Naz…

The European Union's Proposal for an International Investment Court: Significance, Innovations and Challenges Ahead

2016

International audience; Rampant discontent with the current system that governs the protection of international investment and the functioning of investment tribunals has led to a widespread view that there is an urgent need for reform. This is particularly pronounced in the context of investor-state dispute settlement (ISDS). The European Union (EU) has responded to this need by proposing the creation of an international investment court. With its political weight, the EU confers unprecedented legitimacy on the critics of the current ISDS system and reveals investment dispute settlement in the light of public international law, breaking with its background in commercial litigation. The art…

Thirty years of ASEAN: Achievements and challenges

1998

Abstract This article first takes stock of the experiences, successes and shortcomings of Southeast Asian regionalism. During its thirty years, ASEAN has demonstrated the capability to react to international developments and to handle interstate relations on a constructive and cooperative basis. It is perhaps the most valuable achievement of ASEAN that the Association taking advantage of its well‐established dialogue mechanisms has successfully managed to keep residual conflicts between the members (especially territorial dispute) from developing into full‐blown crises. The article then deals with the question to what degree past experiences, performances, patterns of organization and past …