scholarly journals REGARDING DISPUTE AND ARBITRATION

2020 ◽  
Vol 2 (2) ◽  
pp. 190-204
Author(s):  
Hanafi Darwis
Keyword(s):  
Conflict Of Interest ◽  
Dispute Settlement ◽  
The Other ◽  
Legal Proceeding ◽  
Legal Remedy

It shall be necessarily acknowledged that a dispute is usually originated from such a situation in which a party feels harmed by the other party. Unsatisfied expression shall come out if there is any conflict of interest. In respect of which, people shall have such a certain way to settle a conflict or dispute itself, in which the process of dispute settlement engaged herein may be taken through both formal and informal approaches. In relation to which, Arbitration Agency may receive a request raised by the parties in such an agreement and give a binding opinion regarding the matters pertaining to the aforementioned agreement, for instance, if there is any interpretation of any unclear provision; there is any addition or variation in the provision with respect to the existence of any new circumstance. Accordingly, the issuance of opinion by arbitration agency shall cause the both parties bound to it, if a party’s action is in violation to the aforesaid opinion, it shall be deemed to breach the agreement, and against the aforesaid binding opinion, any legal remedy or protest whatsoever may not be filed either in the form of legal proceeding of Appeal or Cassation.

scholarly journals The Relative Success of WTO Dispute Settlement and What Planet Would the EU Investment Court System Be On? A Rejoinder to AJIL Unbound Comments

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 316-318
Author(s):  
Joost Pauwelyn
Keyword(s):  
World Trade ◽  
Public Perception ◽  
Dispute Settlement ◽  
Decision Makers ◽  
The Other ◽  
Court System ◽  
Wto Dispute Settlement ◽  
The Many ◽  
Better Than ◽  
The Eu

I am extremely grateful, and humbled, by the wealth of comments received on my AJIL article through this AJIL Unbound Symposium. One of the many points I take away from these reactions is, indeed, that my analysis offers a snapshot and that many of the critiques now leveled against Investor-State Dispute Settlement (ISDS) are, in Catherine Rogers’s words, “effectively recycled versions of criticisms that were originally leveled against the WTO and its decision-makers.” (Freya Baetens makes a similar point.)In this rejoinder, I would only like to make two points. Firstly, many commentators seem to think that in this article I took the normative position that World Trade Organization (WTO) dispute settlement is “better” than ISDS. Although I did point to the current discrepancy in public perception of the respective regimes, I purposefully avoided expressing any personal, normative position on one being “better” than the other (but apparently not explicitly enough).

scholarly journals The Future of The Profession of Accountant Sharia Enter MEA In 2017

2017 ◽  
pp. 31
Author(s):  
Agus Arwani
Keyword(s):  
Social Responsibility ◽  
Agency Theory ◽  
Conflict Of Interest ◽  
Science And Technology ◽  
Accounting Standards ◽  
Financial Statements ◽  
The Other ◽  
The Future ◽  
The Right ◽  
The Impact

Accountants are the actors who contribute to the establishment and implementation of accounting as a structure. On the other hand the consequences of the application of modern accounting shows the impact of a less than satisfactory. Facts show the number of accounting manipulation scandal that hit the company's financial statements and the low awareness of their social responsibility and the environment implies that very large changes in accounting principals. Accounting reality is part of how accountants take on the role. Deviations reality always brings accountants as party central is how actors and structures form mutually met. Habitus actor '' greedy '' met with accounting (capitalism) as a structure that legitimize it. In reality accountant (agent) looks so lost in the shackles of capitalism, so the agency theory in the form of a conflict of interest, it seems to shift the basis of mutual symbiosis between the interests of management and accountants. Accountants must be returned khittah her as a sovereign profession, he is an ideologue as Rausyan Fikr. All forms of deep-an accountant in worship, glorify the '' number '' in the sense of making all tasks as tasks (treatises) '' prophetic '' to map the right stakeholders fairly and correctly. This can only take place within the frame sovereign  and raise awareness of the Godhead (fervently) to put God at the summit toward accountability. Readiness accountant sharia in entering the MEA in 2017 with preparing the capabilities and expertise of sharia-based accounting standards IFRS, Accounting Sharia must understand the risks of sharia, sharia accounting should be standardized SDI International, science and technology capabilities accountant sharia be reliable.

Conclusions to Part II

2019 ◽  
pp. 161-166
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
The Other ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Rule Compliance ◽  
The World ◽  
Dispute Settlement System ◽  
The One

When asked what, if anything, distinguishes US-Clove Cigarettes from other disputes filed with the World Trade Organization (WTO) Dispute Settlement System (DSS), an Appellate Body (AB) Secretariat staff member replied: ‘A number of things and nothing at the same time’.1 This answer aptly captures the story of trade-and disputes and the DSS’s goal-attainment patterns in such cases, as revealed in this second part of the book. On the one hand, as in all WTO disputes, the DSS appears to be engaged in this class of cases in the routine legal exercise of law application and interpretation while pursuing its multiple goals, including rule-compliance and dispute resolution. On the other hand, as a WTO practitioner remarked when discussing the ‘interpretative exercise’ carried out by the DSS in trade-and disputes:...

Not Like the Others? The Position of Associated States and Dependent Territories in Fishing Disputes

2020 ◽  
Vol 22 (3-4) ◽  
pp. 471-486
Author(s):  
Marco Benatar
Keyword(s):  
International Law ◽  
Fisheries Management ◽  
Dispute Settlement ◽  
The Other ◽  
Applicable Law ◽  
International Dispute ◽  
The Pacific ◽  
The One ◽  
Regional Fisheries Management Organizations ◽  
Law Making

Abstract Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.

scholarly journals 4219 Discrepancies in flavor preferences among adult ever users of various tobacco products in the US – Findings from The Population Assessment of Tobacco and Health Study (2015-2016)

2020 ◽  
Vol 4 (s1) ◽  
pp. 47-48
Author(s):  
Liane M Schneller ◽  
Dongmei Li ◽  
Zahíra Quiñones-Tavárez ◽  
Maciej Goniewicz ◽  
Amanda Quisenberry ◽  
...  
Keyword(s):  
Smoking Cessation ◽  
Conflict Of Interest ◽  
The Other ◽  
Health Study ◽  
Flavor Preference ◽  
Tobacco Products ◽  
Population Assessment ◽  
Study Results ◽  
Research Grant ◽  
Flavored Tobacco

OBJECTIVES/GOALS: Flavorings differ between brands and tobacco products, potentially altering the sensory perceptions. This study aimed to examine discrepancies in flavor preference across various non-cigarette tobacco products among a national representative sample of US adult regular tobacco users. METHODS/STUDY POPULATION: Data from the Population Assessment of Tobacco and Health (PATH) Study Wave 3 (W3) were used. Weighted prevalence of flavor preference for various tobacco products, including electronic nicotine delivery systems (ENDS), traditional cigars, cigarillos/filtered cigars, hookah and snus/smokeless, was presented for 9,037 adult current and new former users of multiple flavored tobacco products. Within-subject flavor discrepancies were assessed using generalized estimating equations (GEE) models considering the complex sampling design of the PATH study. RESULTS/ANTICIPATED RESULTS: Most regular users of a flavored tobacco products reported using one flavor category per product. Fruit flavors, followed by tobacco, were the most common flavor categories among ENDS (32% and 25%, respectively) and hookah users (44% and 36%, respectively). Tobacco flavor was the most common among regular users of traditional cigars (80%), cigarillos/filtered cigars (55%), and smokeless tobacco (79%). Polytobacco users of ENDS and traditional cigars had the largest discrepancy, where about 68-76%% used different flavor categories when switching products. Conversely, polytobacco users of traditional cigars and cigarillos/filtered cigars had the lowest discrepancy (23-25%). DISCUSSION/SIGNIFICANCE OF IMPACT: Many consumers of multiple tobacco products had different flavor preferences when switching between products. In the event of a partial or full flavor ban for ENDS, these findings raise questions about consumer loyalty to a particular tobacco product or a particular flavor category. Conflict of Interest Description: MLG serves as a paid consultant for Johnson & Johnson and has received research grant from Pfizer, manufacturers of smoking cessation medications. The other authors have no conflicts to declare. CONFLICT OF INTEREST DESCRIPTION: MLG serves as a paid consultant for Johnson & Johnson and has received research grant from Pfizer, manufacturers of smoking cessation medications. The other authors have no conflicts to declare.

Guarding the Great Wall?—jurisprudential review of treaty interpretative tools in Chinese BIT-based arbitration cases

2020 ◽  
Author(s):  
Shen Wei
Keyword(s):  
Dispute Settlement ◽  
Active Role ◽  
The Other ◽  
Policy Response ◽  
Appellate Body ◽  
Other Hand ◽  
The Us ◽  
Great Wall ◽  
The Eu

Abstract Inconsistency has been said to be one of the most severe shortcomings the existing investor–State dispute settlement (the ISDS) system possesses. Inconsistency, if not cured, is likely to affect the legitimacy of the ISDS. Partly in response to the claims of inconsistency and illegitimacy of the ISDS, the EU has proposed to have a permanent investment court to replace the ISDS while the US proposed to have an appellate body for the current ISDS along with a large camp of undecided states having no firm position on the ISDS reform. China, on the other hand, has not issued an official response to the concept of a permanent investment court, partially because of its less active role in the use of the existing ISDS. More recent years have witnessed China’s increasing involvement in ISDS cases. The purpose of this article is to review these China BIT-related ISDS cases, in particular, the awards on jurisdiction, and the tribunals’ varying techniques in interpreting the ISDS clauses in China’s BITs with a focus on the jurisprudential analyses of these cases and the tribunals’ treaty interpretive techniques. Not surprisingly, the interpretative tendency has been quite uniform. In brief, the tribunals have tended to be more expansive when they were called upon to determine the jurisdictional issues. Although this article is largely jurisprudential, a sense of the tribunals’ arbitral techniques may help shape some foundational underpinnings for China’s policy response to the proposals to reform the ISDS system made by the EU, the US, and others.

Conflicts of Interest

2020 ◽  
Vol 39 (1) ◽  
pp. 121-142
Author(s):  
Alonso Villarán ◽  
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
The Other ◽  
Philosophical Literature ◽  
The Core ◽  
Definition Of ◽  
Specific Definition

What is a conflict of interest? What is morally problematic about one? Beginning with the definition, this paper organizes the core (philosophical) literature and creates two continuums—one devoted to the more specific definition of ‘interest,’ and the other to that of ‘duty’ (two elements that belong to the definition of conflicts of interest and over which the debate revolves). Each continuum places the authors according to the narrowness or broadness of their positions, which facilitates the understanding of the debate as well as what is at stake when defining conflicts of interest. The paper then develops a moral analysis that leads to the sought-for definition and to an explanation of why we should treat conflicts of interest carefully. While doing so, the paper discloses the criterion to judge whether a definition is right and presents the duties that makes conflicts of interest special as ‘tertiary’ duties of morality.

Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007

2008 ◽  
Vol 23 (4) ◽  
pp. 601-642 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guyana/Suriname Case and two prompt-release-of-vessel judgments by the International Tribunal for the Law of the Sea. Outside the framework of the Convention, the International Court of Justice gave judgments in two maritime boundary cases—one on the merits (Nicaragua v. Honduras) and the other on jurisdiction (Nicaragua v. Colombia).

scholarly journals Peran Pemerintah Banyuwangi terhadap Bangunan Pinggir Pantai

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 71
Author(s):  
Khairinisa Nur Firdausyah ◽  
Warah Atikah
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Coastal Tourism ◽  
Building Permits ◽  
Other Hand ◽  
Business Area ◽  
New Business ◽  
Administrative Procedures ◽  
Administrative Sanction ◽  
The Government

Banyuwangi is a regency in East Java which focuses to transforming the regency into a tourism city, especially in the coastal tourism. As the development has sustained, it persuades investors to explore coastal tourism as a new business area. Consequently, the development of tourism in Banyuwangi regency generates new tourism places. On the other hand, however, there are further problems in areas of coastal tourism which were previously established. Watu Dodol Beach for instance, the beach has a lot of traditional outlets as business activities as results of coastal tourism with more than 37 years without any administrative documents. This paper is aimed to revisit the response of Government of Banyuwangi toward permanent buildings at beach’s borders according to administrative procedures according to Government Bylaw (Perda) Number 9 Year 2014 on Building. There are some critical notes to outline implications of such bylaw with the following dispute settlement. As mentioned by such bylaw, the absence of administrative documents on the establishment of outlets will impose the Government to issue reminder in writing, restrictions of building, postponement of activities, revocation of building permits (IMB), revocation of feasible function standard (SLF) and dismantling of buildings. As a result, the dispute settlement provided to address such administrative sanction comprises litigation and non-litigation processes. Keywords: Government of Banyuwangi, Building, Coastal Tourism

scholarly journals PILIHAN HUKUM PENYELESAIAN SENGKETA TANAH DI LUAR PENGADILAN (STUDI KASUS TANAH ROWOK, LOMBOK TENGAH, NTB)

2016 ◽  
Vol 27 (3) ◽  
pp. 404
Author(s):  
S Sahnan
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Settlement Of Disputes ◽  
The Way

The tendency of people to choose outside of the court to solve their disputes should basically be viewed as a legal phenomenon in people lives. Settlement of disputes outside the court has put parties in a position to win-win (win-win solution), different from the way of dispute settlement through the courts that put a party on the win position and the other on the lose position (win-lose solution). Legal dispute settlement through the courts rather than solve the problems it has created more problems between the disputants. Kecenderungan warga masyarakat untuk menyelesaikan sengketanya dengan menggunakan cara di luar pengadilan pada dasarnya harus dipandang sebagai suatu gejala hukum dalam kehidupan warga masyarakat. Penyelesaian sengketa melalui cara di luar pengadilan telah mendudukkan pihak yang bersengketa pada posisi menang-menang (win-win solution), berbeda dengan cara penyelesaian sengketa melalui pengadilan yang mendudukkan pihak yang bersengketa pada posisi ada yang kalah dan ada yang menang. Penyelesaian sengketa melalui pengadilan bukan menyelesaikan masalah justru menambah masalah di antara pihak yang bersengketa.

Sign in / Sign up

Export Citation Format

Share Document