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Current models of groundwater governance focus principally on the allocation of water, rather than taking a holistic approach incorporating valuable storage space in the aquifer, as well as the transformative changes in managed recharge of manufactured water, storm water, and carbon. Effective implementation of a more modern approach now calls for rethink of both scale and jurisdictional boundaries. This involves linking public and private aspects of water quantity, water quality, geothermal regulation, property rights, subsurface storage rights, water marketing, water banking, legal jurisdictions, and other components into a single governance document. This style of agreement stands in contrast to the siloed approach currently applied to aquifer resources. Using case studies, and an activity inspired by gaming concepts to explore the incentives, and challenges to aquifer governance approaches, this book demonstrates how application of the principles of unitization agreements to aquifers could provide a new approach to aquifer governance models.
Aquifers. --- Groundwater. --- Dispute resolution (Law) --- Aquafers --- Water-bearing formations --- Hydrogeology --- Aquitards --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Ground water --- Subterranean water --- Underground water --- Water, Underground --- Water --- Dispute resolution (Law).
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This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues. .
Investments, Foreign --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Commercial law. --- Dispute Resolution, Mediation, Arbitration. --- International Economic Law, Trade Law. --- Commercial Law. --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation --- International law. --- Trade. --- Law of nations --- Nations, Law of --- Public international law
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This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
Investments, Foreign --- International law. --- Trade. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- International Economic Law, Trade Law. --- Dispute Resolution, Mediation, Arbitration. --- Sources and Subjects of International Law, International Organizations. --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Conflict control --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law and legislation
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internet e-commerce / elektronische handel geschil oplossing online online geschillenoplossing ADR / Alternative Dispute Resolution [ negotiation (onderhandelen) - mediation (bemiddeling) arbitration (arbitrage) ] ODR / Online Dispute Resolution & algemene theorie van de regulering in cyberspace & Online Dispute Resolution (ODR) & geldigheid van de regulering door ODR
Industrial and intellectual property --- Economic law --- Commerce électronique --- Droit commercial --- Elektronische handel --- Handelsrecht --- Electronic commerce --- Dispute resolution (Law) --- Règlement de conflits --- Law and legislation --- Droit --- Law and legislation. --- 34:681.3 --- AA / International- internationaal --- 347.750 --- 347.83 --- 381.56 --- 384.7 --- U21 - Droit commercial / Généralités - Handelsrecht / Algemeenheden --- Informaticarecht --- Commerciële contracten: algemeenheden. --- Computer recht. --- Rechtstreekse verkoop aan de verbruiker. --- Tele-informatie. Datatransmissie. --- Dispute resolution (Law). --- 34:681.3 Informaticarecht --- Commerce électronique --- Règlement de conflits --- Commercial law --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Commerciële contracten: algemeenheden --- Computer recht --- Rechtstreekse verkoop aan de verbruiker --- Tele-informatie. Datatransmissie --- Droit. --- Electronic commerce - Law and legislation
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"As demonstrated by this paper, the experience with the investor-state dispute settlement of a number of countries (mostly in the Asia-Pacific region) appears to have influenced the development of new international investment agreements (IIAs) by those countries. Observing how previous IIAs were interpreted and applied by arbitral tribunals, their governments have come up with new provisions and new language, which address most of the problems that arose in the context of investment disputes."--Publisher description
Investments, Foreign (International law) --- Dispute resolution (Law) --- Arbitration (International law) --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- North American Free Trade Agreement --- E-books --- International law --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Canada. --- Mexico. --- United States. --- International investment law --- Investment law, International --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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This book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis in order to explore participants' lived experiences. The phenomenological stance ensures a particularly rich data set and a nuanced interpretative analysis. This pioneering piece of research seeks to enter mediation parties' true experiences as closely as possible, moving beyond pre-existing theoretical, quantitative and large-scale qualitative explorations. The themes are discussed in the context of theory, research and practice. Therefore, this book advances knowledge about mediation both in theoretical and practical terms. Innovative conclusions and recommendations are provided for developing mediation practice, mediation training programmes, and further research.
Mediation and conciliation, Industrial. --- Conciliation, Industrial --- Industrial conciliation --- Industrial mediation --- Mediation and conciliation, Industrial --- Industrial relations --- Mediation --- Negotiation --- Law and legislation --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Industrial psychology. --- Personnel management. --- Peace. --- Dispute Resolution, Mediation, Arbitration. --- Industrial and Organizational Psychology. --- Human Resource Management. --- Conflict Studies. --- Business psychology --- Industrial psychology --- Psychotechnics --- Industrial engineering --- Personnel management --- Psychology, Applied --- Industrial psychologists --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Coexistence, Peaceful --- Peaceful coexistence --- International relations --- Disarmament --- Peace-building --- Security, International --- Corporations --- Employment management --- Human resource management --- Human resources management --- Manpower utilization --- Personnel administration --- Public administration --- Employees --- Employment practices liability insurance --- Supervision of employees
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This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Mediation. --- Dispute resolution (Law). --- Conflict management. --- E-business. --- Electronic commerce. --- E-commerce. --- Private international law. --- Conflict of laws. --- International law. --- Trade. --- Commercial law --- Dispute Resolution, Mediation, Arbitration. --- e-Business/e-Commerce. --- Private International Law, International & Foreign Law, Comparative Law . --- e-Commerce/e-business. --- International Economic Law, Trade Law. --- European Economic Law. --- European Economic Community countries. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Cybercommerce --- E-business --- E-commerce --- E-tailing --- eBusiness --- eCommerce --- Electronic business --- Internet commerce --- Internet retailing --- Online commerce --- Web retailing --- Commerce --- Information superhighway --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law of nations --- Nations, Law of --- Public international law --- Civil law --- Law and legislation --- Electronic commerce
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Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.
Dispute resolution (Law) --- Transparency in government --- Produce trade --- Non-tariff trade barriers --- Foreign trade regulation. --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Agricultural laws and legislation --- Food law and legislation --- Law and legislation. --- Law and legislation --- Agreement on the Application of Sanitary and Phytosanitary Measures --- Agreement on Technical Barriers to Trade --- SPS Agreement --- WTO Agreement on the Application of Sanitary and Phytosanitary Measures --- Accord sur les obstacles techniques au commerce --- Acuerdo sobre Obstáculos Técnicos al Comercio --- Agreement Establishing the World Trade Organization --- TBT --- TBT Agreement
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This book presents Social Dialogue as a social innovation strategy for managing diversity at any step of the human resource circle. It showcases empirical research on how to improve open dialogue and constructive negotiations between management, trade unions and employee representatives using multi-disciplinary perspectives from psychology, business, law, gender studies, sociology and management. This book delivers the latest research to promote a change of attitudes, behaviors and competences on diversity and social inclusion, and develop effective organizational responses in terms of policies and procedural aspects to improve inclusion of vulnerable groups at work. The authors and editors explain effective development tools for an inclusive workplace through Social Dialogue, showing that it is possible to achieve this by integrating values, policies and practices at organizational level. The diversity of contributions from different organizational contexts, countries and cultures results in this being a valuable book for a wide range of scientists, researchers, students and human resource managers as they seek to shape inclusive workplaces through Social Dialogue.
Psychology. --- Personnel management. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Economic sociology. --- Industrial and Organizational Psychology. --- Human Resource Management. --- Dispute Resolution, Mediation, Arbitration. --- Organizational Studies, Economic Sociology. --- Work environment. --- Climate, Workplace --- Environment, Work --- Places of work --- Work places --- Working conditions, Physical --- Working environment --- Workplace --- Workplace climate --- Workplace environment --- Worksite environment --- Environmental engineering --- Industrial engineering --- Applied psychology. --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Corporations --- Employment management --- Human resource management --- Human resources management --- Manpower utilization --- Personnel administration --- Public administration --- Employees --- Employment practices liability insurance --- Supervision of employees --- Applied psychology --- Psychagogy --- Psychology, Practical --- Social psychotechnics --- Psychology --- Law and legislation --- Personnel management --- Industrial psychology. --- Economic sociology --- Economics --- Socio-economics --- Socioeconomics --- Sociology of economics --- Sociology --- Business psychology --- Industrial psychology --- Psychotechnics --- Psychology, Applied --- Industrial psychologists --- Social aspects
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This book is the first in the field to explore the use of music in negotiation, conflict resolution and leadership development. Presenting grounded empirical data, it examines how adopting an ensemble approach to negotiation and problem-solving might assist in shifting adversarial combative and competitive frames towards a collaborative mindset. The book introduces a music-based cognitive metaphor and music-based pedagogy into the study of negotiation and problem-solving, considering the impact of arts-based learning strategies on the theory and practice of dispute resolution and enriching readers’ understanding of the design and implementation of such strategies. Specifically focused upon the rise of arts-based learning in professional business management education and training, this book explores the need for foundational change in conflict culture and leadership development, and how we might achieve it.
Leadership. --- Ability --- Command of troops --- Followership --- Management—Study and teaching. --- Manpower policy. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Management Education. --- Human Resource Development. --- Creativity and Arts Education. --- Dispute Resolution, Mediation, Arbitration. --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Employment policy --- Human resource development --- Labor market --- Labor market policy --- Manpower utilization --- Labor policy --- Labor supply --- Trade adjustment assistance --- Law and legislation --- Government policy --- Art education. --- Art --- Art education --- Education, Art --- Art schools --- Analysis, interpretation, appreciation --- Education --- Executives --- Personnel management. --- Arbitration (Administrative law). --- Training of. --- Study and teaching. --- Administrative arbitration --- Arbitration, Administrative --- Administrative law --- Corporations --- Employment management --- Human resource management --- Human resources management --- Personnel administration --- Public administration --- Employees --- Employment practices liability insurance --- Supervision of employees --- Executive training --- Executives, Training of --- Management development --- Management training --- Assessment centers (Personnel management procedure) --- Personnel management
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