scholarly journals Negotiation and mediation as a means of peaceful settlement of international economic disputes

2021 ◽  
Vol 11/2 (-) ◽  
pp. 16-18
Author(s):  
Maksym KOZLOVSKYI
Keyword(s):  
International Economic ◽  
International Relations ◽  
The Other ◽  
Third Party ◽  
Necessary Condition ◽  
Mediation Process ◽  
Compromise Solution ◽  
Legal Doctrine ◽  
Peaceful Settlement ◽  
The One

Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such authors as I.V. Grynchak, О.M. Malysheva, Z.V. Tropin, etc. The purpose of the paper is to determine the specifics of negotiation and mediation as political ways to resolve economic disputes peacefully. Results. In international legal doctrine, the most common is the division of peaceful means of resolving international disputes into diplomatic (political) and legal (judicial). The most common are negotiations, good services and mediation, international arbitration. International negotiations, as part of the system of international relations, on the one hand, feel their influence, acting as a tool in solving a range of foreign policy and, in some cases, domestic policy problems, on the other – themselves affect international relations, largely defining and shaping them. The difference between mediation and negotiation is that a third party intervenes in the dispute resolution process with the aim of reconciling the parties. At the same time, the role of the mediator is quite passive, the purpose of his activity is to establish a constructive dialogue between the conflicting states. Therefore, the result of applying this method in some cases can only be reduced to the resumption of negotiations. Conclusion. Negotiation and mediation are diplomatic (political) means of peaceful settlement of international economic disputes. Such means of resolving international economic disputes are used in the presence of a common will of the parties to resolve the conflict, and a common focus on finding a mutually beneficial and compromise solution to the dispute. A key difference between negotiation and mediation is the involvement of a third party in the mediation process, which helps the parties to reach an agreed and compromise solution.

scholarly journals Public Private Partnerships and the Prospects for Sustainable ICT Projects in the Developing World

2007 ◽  
Vol 2 (3) ◽  
Author(s):  
Elizabeth Fife ◽  
Laura Hosman
Keyword(s):  
Case Studies ◽  
Success Factors ◽  
Public Services ◽  
Developing World ◽  
The Other ◽  
Third Party ◽  
Non Profit ◽  
Current State ◽  
The One

This paper analyses the recent phenomenon of private/public partnerships (PPPs) in the ICT sector of the developing world. The partners may come to these projects with divergent motivations: profit on the one hand and the provision of public services on the other, but at the end of the day, the interests of the partners that are symbiotic can – and indeed should – be aligned to ensure successful long-term projects. To investigate what can be done to promote successful and sustainable PPPs, this paper extends the traditional two-actor analysis to include both a third-party non-profit-oriented facilitating organization and the technology recipients that are the targets of these projects. Following an overview of the current state of PPPs in the developing world, the paper provides two case studies, based in Vietnam, where all four of the above-mentioned stakeholders were involved. The cases reveal important success factors that can be applied to future PPPs in the ICT sector.

Competing constraints in alternative dispute resolution

1996 ◽  
Vol 19 (2) ◽  
pp. 79-114 ◽  
Author(s):  
Calvin D. Smith
Keyword(s):  
Dispute Resolution ◽  
Rapid Growth ◽  
Alternative Dispute Resolution ◽  
Preliminary Analysis ◽  
The Other ◽  
Mediation Process ◽  
Other Hand ◽  
Community Justice ◽  
Justice Program ◽  
The One

Despite rapid growth in the provision of alternative dispute resolution services by governments, little sociological attention has been paid to the emerging form these services take. In this paper I offer a preliminary analysis of mediations conducted by the Community Justice Program in Queensland. I focus on the interactional management of two competing constraints on the talk. On the one hand mediation services must provide an accountably standardised and recognisable process. This creates the need for formalisation of the mediation process. On the other hand, because of philosophical commitments to disputant control over the dispute and its outcome, Community Justice Program mediations must be conducted in such a way as to display this commitment to disputant control and authority in the proceedings. This creates a conflicting need for displays of informality. This paper focuses on some strategies which appear to be designed to achieve this mix of formality and informality in Community Justice Program mediations.

Leibniz on Apperception and Animal Souls

Dialogue ◽  
1994 ◽  
Vol 33 (4) ◽  
pp. 701-724 ◽  
Author(s):  
Murray Miles
Keyword(s):  
The Other ◽  
Necessary Condition ◽  
Sufficient Condition ◽  
Human Beings ◽  
Mental Processes ◽  
Other Hand ◽  
Forms Of Life ◽  
The One

InLeibniz: Perception, Apperception, and Thought, Robert McRae alleges a flat “contradiction” (McRae 1976, p. 30) at the heart of Leibniz's doctrine of three grades of monads: bare entelechies characterized by perception; animal souls capable both of perception and of sensation; and rational souls, minds or spirits endowed not only with capacities for perception and sensation but also with consciousness of self or what Leibniz calls (introducing a new term of art into the vocabulary of philosophy) “apperception.” Apperception is a necessary condition of those distinctively human mental processes associated with understanding and with reason. Insofar as it is also a sufficient condition of rationality, it is not ascribable to animals. But apperception is a necessary condition of sensation or feeling as well; and animals are capable of sensation, according to Leibniz, who decisively rejected the Cartesian doctrine that beasts are nothing but material automata. “On the one hand,” writes McRae, “what distinguishes animals from lower forms of life is sensation or feeling, but on the other hand apperception is a necessary condition of sensation, and apperception distinguishes human beings from animals” (McRae 1976, p. 30). “We are thus left with an unresolved inconsistency in Leibniz's account of sensation, so far as sensation is attributable both to men and animals” (ibid., p. 34).

scholarly journals Regulierung des Glücksspiels in Deutschland: Das Glücksspielgesetz Schleswig-Holsteins und der Glücksspieländerungsstaatsvertrag aus ökonomischer Perspektive

2013 ◽  
Vol 62 (1) ◽  
Author(s):  
Ulrich Schmidt ◽  
Katharina Lima de Miranda
Keyword(s):  
Sports Betting ◽  
The Other ◽  
Necessary Condition ◽  
Tax Rates ◽  
German State ◽  
Federal States ◽  
Tax Revenues ◽  
German Federal States ◽  
Online Poker ◽  
The One

AbstractThis paper compares the two laws effective for the regulation of gambling in Germany from an economic perspective. On the one hand there is the new and relatively liberal federal Gaming Amendment Act of Schleswig- Holstein (GAA) and on the other hand the German State Treaty on Gambling (GST), which was signed by the remaining 15 German federal states. First, two goals are derived that should be pursued by the regulation of gambling realization of tax revenues and the reduction of problem gambling. Channeling gambling into the regulated market is a necessary condition to achieve both objectives. As the GAA can be expected to realize a higher degree of channeling due to more competitive tax rates as well as the inclusion of online poker and casinos, it appears to be overall superior to the GST. It is in particular incomprehensible that online poker and casinos are not included in the GST, since on one side they have a high potential for addiction and should thus be regulated and on the other side allow to generate higher tax revenues compared to sports betting for example.

scholarly journals Approximating Ideal Filters by Systems of Fractional Order

2012 ◽  
Vol 2012 ◽  
pp. 1-6 ◽  
Author(s):  
Ming Li
Keyword(s):  
Fractional Calculus ◽  
Fractional Order ◽  
Point Of View ◽  
Present Approach ◽  
The Other ◽  
Necessary Condition ◽  
Ecg Signals ◽  
Other Hand ◽  
The One ◽  
Electrocardiogram Ecg

The contributions in this paper are in two folds. On the one hand, we propose a general approach for approximating ideal filters based on fractional calculus from the point of view of systems of fractional order. On the other hand, we suggest that the Paley and Wiener criterion might not be a necessary condition for designing physically realizable ideal filters. As an application of the present approach, we show a case in designing ideal filters for suppressing 50-Hz interference in electrocardiogram (ECG) signals.

Agreement between the Commander-in-Chief, United Nations Command, and the Supreme Commander of the Korean People's Army and the Commander of the Chinese People's Volunteers, Concerning a Military Armistice in Korea. Signed at Panmunjom, Korea, July 27, 1953

1953 ◽  
Vol 7 (4) ◽  
pp. 612-634
Keyword(s):  
United Nations ◽  
Armed Force ◽  
The Other ◽  
Complete Cessation ◽  
Other Hand ◽  
Peaceful Settlement ◽  
The One ◽  
Commander In Chief ◽  
Supreme Commander

The undersigned, the Commander-in-Chief, United Nations Command, on the one hand, and the Supreme Commander of the Korean People's Army and the Commander of the Chinese People's Volunteers, on the other hand, in the interest of stopping the Korean conflict, with its great toll of suffering and bloodshed on both sides, and with the objective of establishing an armistice which will insure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved, do individually, collectively, and mutually agree to accept and to be bound and governed by the conditions and terms of armistice set forth in the following Articles and Paragraphs, which said conditions and terms are intended to be purely military in character and to pertain solely to the belligerents in Korea.

Desire all the way down

2000 ◽  
Vol 26 (1) ◽  
pp. 137-139 ◽  
Author(s):  
ROXANNE LYNN DOTY
Keyword(s):  
International Relations ◽  
Social Theory ◽  
First Principles ◽  
International Relations Theory ◽  
The Other ◽  
Ir Theory ◽  
The Unconscious ◽  
Metaphysical Foundation ◽  
The One ◽  
The Way

Alex Wendt's Social Theory of International Politics demonstrates perhaps more long and hard thought about social theory and its implications for international relations theory than most international relations scholars have dared to venture into. He admirably attempts to do in an explicit manner what most scholars in the discipline do only implicitly and often accidentally: suggest a social theory to serve as the foundation for theorizing about international relations. However, there are problems with his approach, a hint of which can be found in the epigraph he has chosen: ‘No science can be more secure than the unconscious metaphysics, which tacitly it presupposes’. Because metaphysics cannot ultimately be proven or disproved, it is inherently insecure. The insecurity and instability of the metaphysical presuppositions present in Social Theory are not difficult to find, and what Wendt ends up demonstrating, despite his objective not to, is the absence of any secure, stable, and unambiguous metaphysical foundation upon which IR theory could be firmly anchored. Indeed, what Social Theory does illustrate is that there is no such ultimate centre within the discipline except the powerful desire to maintain the illusion of first principles and the essential nature of things. If I may paraphrase Wendt, this is a ‘desire all the way down’ in that it permeates his relentless quest for the essence of international relations. Two goals characterize this desire: on the one hand, to take a critical stance toward more conventional international relations theory such as neorealism and neoliberalism; on the other, to maintain unity, stability, and order within the discipline. Social Theory oscillates between these two goals and in doing so deconstructs the very foundations it seeks to lay.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals Euthanasia under French law

2021 ◽  
pp. 145-152
Author(s):  
A. Haddadi ◽  
F. Ravaz
Keyword(s):  
Criminal Law ◽  
Question Answering ◽  
Common Law ◽  
The Other ◽  
Third Party ◽  
Right To Die ◽  
French Law ◽  
The Face ◽  
The One ◽  
The Right

Under criminal law, euthanasia can have two distinct qualifications: that of homicide in the event that the act of directly killing another person is characterized, or that of assisting a third party in the suicide. These two qualifications are applicable on the condition that the agent — the author of the act of causing death — is not the one who went through it. In fact, selfeuthanasia is nothing more than suicide.In addition to euthanasia imposed to a third party (such as in the case of Malevre, nurse from Mantes-la-Jolie, tried in 2003), the euthanasia requested and subscribed constitutes a complex legal question. Answering this question first involves specifying the position of contemporary criminal law in the face of suicide.In the event that suicide is only decriminalized, in fact, the author of the act — regardless of the outcome of his actions, who is himself the victim, cannot be prosecuted. Nor ultimately receive any condemnation.However, this lack of prosecution and conviction is by no means an endorsement of the act — suicide — by the law.Moreover, in the event that suicide is a right, it would then be necessary to agree that any candidate for this act can request assistance in the accomplishment of his death. Given these two opposing approaches, imposed on us the question of whether there is a right to die.Although the euthanasia imposed is unequivocally under ordinary criminal law, the euthanasia requested and granted is not based on any rights. To date, there is no right to approve a death request, but on the other hand, it does allow it to be respected and to some extent promotes its approach with dignity. This work will focus on two central points which are the possibility that euthanasia is a homicide under common law (I) and the attitude of French law concerning the right to death (II).

scholarly journals Space, Place, Haven: Levinas’s Phenomenology of Home

Problemos ◽  
2020 ◽  
pp. 58-68
Author(s):  
Jolanta Saldukaitytė
Keyword(s):  
Emmanuel Levinas ◽  
The Other ◽  
Space And Place ◽  
Necessary Condition ◽  
Natural Place ◽  
Other Hand ◽  
The World ◽  
Positive Meaning ◽  
The One

By distinguishing between space and place, the article situates and analyses the meaning of the closest place – home – in the philosophy of Emmanuel Levinas. The effort to encounter transcendence, to escape, to leave, to not be attached a particular place, and not to be driven by a nostalgia to return, is dominant in Levinas’s philosophy. This article shows that dwelling in a place, as settling in a home, also has a positive meaning for Levinas. This positive meaning comes, however, not from an ontological but from an ethical relationship with a place. The home is shown as chosen place, warm and human, as opposed to a given or natural place. On the one hand, the home is a necessary condition for security, but also the very condition of interiority and activity, of having the place in the world in contrast to thrownness. On the other hand, it is not a place where I is embodied and rooted in like a vegetable, but a place where I welcome the other.

Sign in / Sign up

Export Citation Format

Share Document