Metaphysical Disputes

Ontological disputes tend to involve your intuitions concerning relations between the statue and the clay, between persons and their bodies, those concerning personal identity and identity through time. Let us suppose for a while that there exists a multiplicity of entities and that the ontologist is dealing with them. There is a chunk of the matter that I observe. It is a body. But the description of the chunk of the matter as a body may perhaps be substituted by another description: there is a person here. Once a person is mentioned, we will tend to be attentive at other things as we were in the former case. We will be observing patterns of bodily behavior, concerning not just its spatio-temporal position, but also patterns involving this body"s acting as a person, with its various deeds and with the dynamics in several dimensions such as physical, inter-personal and aesthetic dimensions that in involves. Now you ask yourself whether the person is identical to her body

Dispute Resolution in Commodities Futures

The commodities futures industry is experiencing rapid growth and a consequential rise in disputes between industry professionals and customers. In response to the growing number of disputes, the industry offers customers several methods for resolution, including the recently added National Futures Association (NFA). The NFA fills a gap in previously available forums, as it offers a much needed uniform and nationwide system of arbitration with jurisdiction over multi-exchange disputes. This Note suggests that requiring the exchanges to refer disputes to NFA and to include NFA as the forum for arbitration in pre-dispute arbitration agreements would greatly enhance the effectiveness of this new arbitration forum

Assessing causes of contractual disputes from different type of condition of contracts

In a construction industry, a Condition of Contract (CoC) is primarily used to ensure a project can be delivered successfully with minimum disputes. The contractual disputes rooted from many factors, including from the improper management of conflict between parties in the project, misinterpretation of the CoC, lack of documentation, and discrepancies and ambiguities of documents which may lead to as cost overruns, project delay and project cashflow. Thus, a comprehensive CoC plays a significant role to express the rights and obligations of the main contracting parties. CoC functions in stating to each party on what they shall do and to the extent of their entitlement of rights and obligations under the contract. Despite having various of published CoC such as PAM Contract and series of PWD Form of Contract to govern the construction projects, numerous construction cases in relation to contractual disputes are still increasing over the years and there has been little discussion about the causes of disputes. It indicates the ineffectiveness of the contract provision in the CoC. Hence, this study presents thorough review of the disputes occurs in the construction industry by outlining the issues raised in the court cases. This scenario has paved this paper to achieve the objectives of the research, including to identify the factors attribute to the construction dispute and to investigate the provision in CoC that caused the contractual disputes. The data collection used was mainly through literature synthesis and surveys. The results revealed that there are five attributes of construction disputes. The findings of the paper would be beneficial to practitioners in increasing their awareness of the flaws in the CoC and could be helpful in mitigating the disputes

Israel\u27s Transboundary Water Disputes

As water is necessary to the function of life, it is imperative to understand the role of water in the politically turbulent Middle East. This paper will focus on Israel’s water disputes with her neighbors and how such disputes have either led to military confrontation, have been partially resolved, and otherwise continue to exist. As populations in the region are expected to increase, the need for water, already in short supply, will be magnified. Thus negotiations to settle water disputes and provide for equitable distribution of the water resources will become more contentious. This legal analysis of Israel’s water disputes will hopefully provide some guidance to the settlement of such issues in Israel’s future peace negotiations with the Syrians and Palestinians

Trends of Trade Disputes During the WTO Regime

Patterns and trends of trade disputes reveal vital information about the users of the Dispute Settlement Understanding (DSU) of the World Trade Organization (WTO). Despite WTO has detailed guidelines regarding how the multilateral trade should be practiced by the Member Countries, the DSU is the ultimate Agreement that promises fair justice against unfair trade practices. Analyses of trade disputes show that the developed countries use the Dispute Settlement Mechanism (DSM) more than the developing or the newly industrialized countries. The rate of participation of the least-developed countries (LDC) in the dispute settlement process is particularly very low. The direction of disputes shows that the disputes are mostly targeted to the developed countries. All categories of countries- i.e. developed, developing, newly industrialized and transitional economies- lodged disputes against the developed countries more frequently compared to the disputes they lodged against other categories of countries. This indicates that developed countries are targeted in the trade disputes. However, the rate of winning disputes for the developed countries is also higher than those of the other categories. This indicates that despite the developed countries are targeted in the disputes, they manage to survive quite successfully.

Resolving Workplace Conflict: The Alternative Dispute Resolution Revolution and Some Lessons We Have Learned

The U.S. industrial relations system has undergone a historic transformation over the past three decades. One of the most significant features of that transformation has been the dramatic rise of alternative dispute resolution (ADR) as a means of addressing workplace conflict. ADR can be defined as the use of arbitration, mediation, and other third- party techniques instead of litigation to resolve workplace disputes. In the view of some experts, the rapid diffusion of ADR in employment relations, especially in the non-union sector, has represented nothing less than a revolution in dispute resolution. The ADR revolution has spread to many other types of disputes, including family, consumer, construction, and financial disputes. In many ways, transferring the resolution of workplace disputes from public to private forums constitutes the de facto privatization of the American system of justice

The USe of ADR Involving Local Governments: The Perspective of the New York City Corporation Counsel

Alternative dispute resolution can sometimes be a very useful and powerful tool in resolving social problems in which local governments find themselves. But ADR is not the answer to resolving much of the litigation involving disputes over governmental policy. Generally, there are three different types of governmental disputes potentially susceptible to ADR treatment: Money disputes, land use and enironmental controversities, and claims by a particular group of people that a specific social policy being pursued or not pursued by the government is somehow illegal