Some problems of applying conciliation procedures in the resolution of corporate disputes complicated by a foreign element

2021 ◽  
Vol 23 (1) ◽  
pp. 56-64
Author(s):  
SERGEY CHEKULAEV ◽  
Keyword(s):  
Problem Solving ◽  
Conflicts Of Interest ◽  
Legal Framework ◽  
International Agreements ◽  
Problem Situation ◽  
National Legislation ◽  
Creative Individual ◽  
Legislative Regulation ◽  
Problematic Issue ◽  
Negative Outcome

The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant – the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non- legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.

scholarly journals The peculiarities of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states

2020 ◽  
pp. 60-80
Author(s):  
Andrew Vyacheslavovich Rybakov
Keyword(s):  
Legal Framework ◽  
International Agreements ◽  
State Control ◽  
Member States ◽  
National Legislation ◽  
National Space ◽  
Eu Member States ◽  
Space Activity ◽  
Space Objects ◽  
The Eu

The subject of this article is the process of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states. The author leans on the fact that considering the insignificant volume of national space legislation passed in the EU member-states, as well as differences of legal framework in regulation of space activity, the actors of space activity can shift their space activity into the countries with more favorable space legislation. For the purpose of prevention of this trend, on the EU level there is a trend on unification and harmonization of legislation and policy in the area of space activity. The conclusion is made on the different approach and disaccord in the practice of implementation of the norms of international agreements into the national space legislation. Particularly, in the national space legislation of the EU member-states, there are differences in exercising state control over the activity of nongovernmental legal entities, namely in the procedures of obtaining a permit for realization of space activity by the actors of space activity outside the national borders. There is also discrepancy in the questions of licensing of space activity: different requirements for license acquisition and terms of application processing, as well as various national authorities executing the function of licensing of space activity.  Approaches also vary with regards to the questions of responsibility for the harm inflicted by space object, so is the practice of creation the national register of space objects launched by the states.

scholarly journals China's New Private Education Law

2015 ◽  
Author(s):  
Fengqiao Yan ◽  
Daniel Levy
Keyword(s):  
Higher Education ◽  
Private Education ◽  
Legal Framework ◽  
Education Law ◽  
Main Thrust ◽  
Educational Levels ◽  
National Legislation ◽  
The Law

The private education law, promulgated on December 28, 2002, is China’s first national legislation on private education. The law covers all educational levels, although we are focusing on the three articles (16, 53, and 55) that cover higher education. The law’s main thrust concerning higher education is to provide a legal framework to facilitate private growth and initiate a longer process to accredit, merge, dismantle, and change institutions at that level.

scholarly journals Bērna tiesības zināt savu izcelsmi: tiesību apjoms un aktuālie problēmjautājumi

2015 ◽  
Vol 1 (1) ◽  
pp. 64-69
Author(s):  
Olga Šķerberga
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
Public Law ◽  
Right To Know ◽  
Council Of Europe ◽  
National Legislation ◽  
International Commitments ◽  
The United Nations ◽  
The Republic ◽  
Legal Frameworks

Informācija par izcelsmi ir būtiska personas identitātes sastāvdaļa, tā ir viena no bērna pamattiesībām un ietilpst tiesības uz privātās dzīves aizsardzību tvērumā. Bērna tiesības zināt savu izcelsmi, tāpat kā tiesības uzaugt ģimenē vai tiesības tikt uzklausītam, ir viena no pamattiesībām, ko aizsargā starptautiskie akti. Tomēr šīs tiesības īstenošana nacionālajā līmenī pilnībā liegta bērniem, kuri ir adoptēti, dzimuši izmantojot donora dzimumšūnas, un glābējsilītē ievietotiem bērniem. The objective of the article is to analyse problems of legal frameworks of a child’s rights to know its origin in case of adoption, baby boxes and medically assisted fecundation, as well as to put forth amendments in the legislation if discrepancy is ascertained between international commitments of a state and regulation in the national legislation of a child’s rights to know its origin. Implementation of a child’s right to know its origin is analysed, examining the attitude of subjects of international public law – the United Nations and the Council of Europe in supervision of children’s legal interests; performing research of regulatory enactments, recommendations and directions, judgements of courts and comparing legal framework of a child’s rights to know its origin in the Republic of Latvia.

REGULATORY AND LEGAL SUPPORT OF PUBLIC ADMINISTRATION IN THE ACTIVITIES OF THE COURT STAFF

2017 ◽  
Author(s):  
Artem Shcherbak ◽  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Complex Analysis ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Local Action ◽  
Scientific Article ◽  
Organization Of Work ◽  
National Legislation ◽  
Administrative Organization

The scientific article is devoted to the formation of a system of normative legal acts that make up the normative and legal support of public administration in the activity of the court staff. Today there are many different regulations, which are constantly amended and supplemented, which necessitates systematic work in terms of their harmonization and alignment. The constant development of legislation in the system of public administration of the court staff in Ukraine is so dynamic that it requires urgent systematization. Therefore, the systematized and clearly formed legislation is a guarantee of efficiency, effectiveness and appropriateness of public administration of the court staff. It is established that the basis for the functioning of the system of public administration of the court staff is the Constitution of Ukraine, as well as laws and regulations. It is determined that the entire regulatory framework, which governs the system of public administration of the court staff is divided into two groups: 1) the rules of international law; 2) norms of national legislation. Considering the system of normative legal acts in the researched sphere, it is noted that ensuring the work of the court staff is carried out with the help of certain normative rules, which, in turn, regulate the administrative organization of the court staff. The complex analysis of normative-legal acts, which are reflected in laws and by-laws, determines the place of public administration in the court staff. It is proved that this system-forming chain of normative-legal acts, acts of departmental character and local action, creates levers of influence on the organization of work of the court staff. It should be noted that the analysis of regulations in the field of public administration of the court staff shows the lack of systematization of the legal framework, namely the dispersion of rules on various pieces of legislation, which greatly complicates the process of proper implementation of public administration.

Effective Problem-Solving

2017 ◽  
pp. 103-112
Author(s):  
David J. Kolko ◽  
Eric M. Vernberg
Keyword(s):  
Problem Solving ◽  
Problem Situation ◽  
Problem Solving Skills ◽  
Step Process ◽  
Problem Solve ◽  
Effective Problem

This chapter introduces problem-solving skills to children. The content includes an overview of identifying problems, determining options, and making decisions based on goals. Emphasis is placed on reviewing materials from the previous chapter regarding the role of thoughts and interpretations. These skills are generalized to various areas of the child’s life before being applied to fire-related situations. A multi-step process is introduced to help the child learn to, first identify problems and goals, then problem-solve and consider consequences. These skills are then practiced by applying them to a recent problem situation that the child experienced. Worksheets provided in the appendix are used to facilitate the implementation of these activities.

In the classroom: Problem solving with number-picture problem situations

1962 ◽  
Vol 9 (3) ◽  
pp. 155-159
Author(s):  
Juliet Sharff
Keyword(s):  
Problem Solving ◽  
Grade Level ◽  
Problem Situation ◽  
Factual Information ◽  
Number Concepts ◽  
Problem Situations ◽  
Level Number

The class was inspired by the weather to develop its first picture problem situation. The teacher sketched at the chalk-board in response to children's suggestions and guided them so that basic grade-level number concepts were included. For example, the first cooperative class sketch featured a snowy hill and boys and girls with sleds. All data are not pictured; some are provided as factual information. The sketch (Fig. 1) and some of the resulting number problems were similiar to the following.

An approach to problem-solving

1961 ◽  
Vol 8 (4) ◽  
pp. 157-160
Author(s):  
Charles J. Faulk ◽  
Thomas R. Landry
Keyword(s):  
Problem Solving ◽  
School Children ◽  
Problem Situation ◽  
American School ◽  
Reasonable Answers

Arithmetic is universally accepted as one of the fundamentals which must be taught to American school children. Yet certain aspects of the teaching of arithmetic have given teachers a great deal of concern. Petty found that, “Complaints concerning the child's lack of ability to solve problems dealing with quantitative situations come from many quarters.”1 Clark and Eads indicated that the difficulty children have with problem-solving lies in their lack of ability to sec the various relationships involved in t he problem situation.2 In What Does Research Say About Arithntetic? Glennon and Hunnicutt suggest that inability to estimate reasonable answers is a difficulty.3

Technology Tips: Multiple Representations and Connections Using Technology

1998 ◽  
Vol 91 (1) ◽  
pp. 62-67
Author(s):  
Charles Vonder Embse ◽  
Vernon W. Yoder
Keyword(s):  
Problem Solving ◽  
Mathematics Teacher ◽  
Functional Relationship ◽  
Multiple Representations ◽  
Problem Situation ◽  
Dynamic Nature ◽  
Static Picture ◽  
Independent Variable ◽  
The Difference

George Polya's famous four-step problem-solving method begins with understanding the problem through various means, including identifying the unknown, establishing the conditions of the problem, separating the conditions into more convenient parts, and drawing a figure or picture (Polya 1945). As a mathematics teacher, the first question I often ask students when they seek help in doing a problem is “Did you draw a picture?” Many times, the answer to my questions is “Yes, but it didn't help.” The difficulty might be that the picture representing the problem, although correct, does not really represent the dynamic nature of the problem situation. Drawing a static picture representing one state of a functional relationship does not guarantee that students will “see” how changes in the independent variable produce corresponding changes in the dependent variable. A better situation would be to draw several pictures representing various stages of the problem. An even better situation would be to draw a dynamic picture in which the drawing changes as the independent variable changes. Like the difference between a videotape of a football play and a newspaper picture of the play, a dynamic picture can be used repeatedly as a tool to investigate in detail what really happens.

Links to Literature: Using Representations to Explore Perimeter and Area

2001 ◽  
Vol 8 (1) ◽  
pp. 52-59
Author(s):  
Patricia S. Moyer
Keyword(s):  
Problem Solving ◽  
Word Problems ◽  
Mathematical Problem ◽  
Real Life ◽  
Problem Situation ◽  
Correct Operation ◽  
Problem Situations ◽  
Mathematical Problems ◽  
Mathematical Word Problems ◽  
Computational Processes

In an elementary school classroom, as in real life, the lines between the content areas should be blurred, particularly between mathematical problem solving and mathematical situations contextualized in good literature. For that reason, I always look for interesting books about mathematical situations. Why use children's literature to teach mathematics? A good story often places mathematical problems in the context of familiar situations and is similar to, yet a much more elaborate version of, mathematical word problems. Assertions that children's inability to solve word problems results from their inability to read or to compute effectively simply are not true. The problem is that children do not know how to choose the correct operation or sequence of operations to solve the problem. To solve a problem situation presented in words, children need to be able to connect computational processes with appropriate calculations. Their difficulties lie in the fact that children simply do not understand the mathematics well enough conceptually to make the connection with the problem- solving situation. Using books with authentic problem situations may help children see that learning computation serves a real-life purpose.

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