Showing papers on "Settlement (litigation) published in 1975"

Litigation in the Federal Courts: A Comparative Perspective

Abstract: Courts, unlike most other political institutions, depend almost exclusively on the actions of others to initiate proceedings which comprise their agendas of decision-making. Formal rules and custom proscribe the independent searching out of cases by American courts. These courts may, in a sense, invite litigation by the way they handle certain kinds of issues, but they must await the development of real "cases and controversies;" and, more importantly, they must await private choices which may or may not bring these cases and controversies to court. Recent years have brought some recognition of the importance of such private choice-making activity in setting the boundaries of the policy-making roles which the courts can play. As Donald Black (1973: 126) argues, "[t]he day to day entry of cases into any legal system cannot be taken for granted. Cases of alleged illegality and disputes do not move automatically to legal agencies for disposition and settlement."

The glottochronology of Malagasy speech communities

Abstract: English-speaking scholars know much about Madagascar, but the history of its peopling and settlement is subject to dispute and alternative interpretations among scholars in France and Madagascar. The primary dilemma for the Malagasy historian has to do with the fact that the Malagasy share many attributes with populations of the nearby East African coast. Many Malagasy institutions and physical types could be quite at home in Tanzania or in Kenya. The native languages of Madagascar are not African, however, but are members of the Indonesian subgroup of the Malayo-Polynesian family. Biologically the populations of Madagascar show their debt to a gene pool consisting of contributions from Africa and Indonesia.

Alternative To Morse's Dalton Settlement Pattern Hypothesis

Abstract: Morse’s Dalton settlement hypothesis of virtually sedentary bands occupying distinct drainages in northeast Arkansas is shown to be unsatisfactory in several respects. An alternative model is gener...

System v. Expediency: The Reality of Land Revenue Administration in the Bombay Presidency, 1812–1820

Abstract: trative policy and consequent social and economic results. This preoccupation seems further justified by the attention that was given to the merits of these systems by officials high in the Company's administration in India and London in the early nineteenth century.2 Revenue settlement in the Bombay Presidency has normally been identified with the ryotwari system.3 The foundation for this system

Planned Hillfort Interiors

Abstract: For many years excavations within British prehistoric settlement sites were largely confined to selective sampling of a very limited nature since this approach, it was thought, offered the best chance of locating an intensively occupied area from which dating evidence and perhaps even the ground plan of a structure might be recovered. More recently, with the results of a small number of large-scale area excavations to draw upon, it has become possible not only to examine the plans of individual buildings in isolation but to identify standard structural designs used repeatedly on the same sites and, further, to learn something of the overall disposition of structures within the settlement plan. This increasing body of evidence is beginning to reveal, as analogy with historic and existent settlements might anticipate, a basic dichotomy between those which grew and those which were created. To establish a terminology, we should first recognize the essential distinction between a settlement plan and a planned settlement. All settlements have a plan, but not all were consciously planned. Many will have resulted from gradual growth over a period of time, developing from a nucleus to which additions and replacements were made as required (i.e. in the parlance of urban geographers, organic settlements). Accordingly, their plans should not normally be expected to display any great degree of orderliness and will be particularly unlikely to incorporate a systematic pattern of streets.

The Settlement of Disputes in the Field of the International Law of the Environment

Abstract: This series of five lectures (1) examines the nature of international environmental disputes and their significance for international order; ( 2) surveys and analyzes relevant experience in the settlement of international environmental disputes, with particular attention to environmental problems relating to international rivers and lakes, the oceans and the atmosphere; and (3) suggests some of the principles, approaches and techniques through which international law and institutions may be able most effectively to contribute to the avoidance and adjustment of international environmental disputes and the protection of the international community’s interest in the environment. The five lectures deal, respectively, with: (1) preliminary questions, including the characteristics of international environmental disputes, obligations concerning the avoidance and settlement of disputes, and methods of dispute avoidance and settlement; (2) disputes concerning international rivers and lakes; (3) disputes concerning the marine environment; (4) disputes concerning air pollution and in other environmental contexts, such as outer space, Antarctica, nuclear testing, weather and climate issues, international trade and investment, and other problem areas; and (5) a conclusion which proposes a number of principles of environmental dispute settlement, discusses the usefulness of various institutional means, emphasizes the importance of protecting the international community’s interests, and suggests prospects for the future.The proposed principles on environmental dispute settlement, explicated and discussed in the conclusion, are: (1) the principle of environmental responsibility; (2) the principle of diverse approaches; (3) the principle of factual knowledge; (4) the principle of dispute avoidance; (5) the principle of predictability; (6) the principle of flexibility; (7) the principle of lowest-level solutions; (8) the principle of non-legalistic solutions; and 9) the principle of co-ordination.The five lectures were presented as an integrated course at the summer 1975 session of the Hague Academy of International Law in the Hague, the Netherlands and published in the Academy’s Recueil de Cours, Vol. I –1975.

International claims : their settlement by lump sum agreements

Abstract: and private enterprise in mixed economies can be ensured by law "is the most crucial of the many problems set by the inquiry." Turkey is offered as a country which has given more attention to public/private balance than others. Like many of Friedmann's earlier works, this one has set forth the relevant questions to enable one to begin to come to grips with the underlying problems. Scholars, government officials, businessmen, and others concerned with public policy will find this book to be an excellent starting point. It is sad to note that this is the last of Wolfgang Friedmann's books before his untimely death.

Catherine II and the Jews: The origins of the pale of settlement

Abstract: (1975). Catherine II and the Jews: The origins of the pale of settlement. Soviet Jewish Affairs: Vol. 5, No. 2, pp. 3-20.

Settlement of Disputes Arising Under the Law of the Sea Convention

Abstract: The basic objective of the Third United Nations Conference on the Law of the Sea is to adopt a comprehensive Law of the Sea Convention. From the records of the long preparatory work of the Conference by the UN Seabed Committee and the discussions at both the Caracas and Geneva sessions of the Conference, it is clear that the final product will be a treaty creating new rules of international law and also updating certain traditional ones. In effect, the comprehensive Law of the Sea Convention is intended to establish a new world order in the ocean space.

Regional policy and settlement strategy: Constraints and contradictions in Newfoundland's experience

Abstract: Copes P. and Steed G. (1974) Regional policy and settlement strategy: Constraints and contradictions in Newfoundland's experience, Reg. Studies 9, 93–110. The 'sixties, in Canada, were a period of active experimentation with policy formulation and planning for regional development. The problem of delineating and reconciling intra- and inter-governmental responsibilities proved most vexing. The potential impact was particularly important to Newfoundland, which suffered from a weak environmental basis for its settlement geography and great economic disparities relative to mainland Canada. The paper examines the varying emphasis on population migration in the changing settlement strategy of Newfoundland. The real economic constraints on regional development are analysed and conclusions for a more effective growth centre strategy involving sponsored outmigration are delineated.

Settlement and Migration Patterns in Afghanistan: A Tentative Statement

Abstract: One must always bemoan the lack of adequate statistics when discussing population problems in Afghanistan.1 Few nations in Asia, however, have adequate data-collecting procedures: only 9 of the 41 Asian nations, encompassing about 8 per cent of Asia's total population, according to a recent UNO survey.

Arbitration and the Settlement of Commercial Disputes: A Selective Survey of African Practice

Abstract: According to the American Arbitration Association, it is "the reference of a dispute to one or more impartial persons for final and binding determination."' From these it is easy to gauge its essential characteristics: (1) it is a method not of compromising disputes but of deciding them; (2) it is resorted to only by agreement of the parties; (3) the person making the decision has no formal connection with the system of courts; but (4) before the award is known, it is agreed to be final and binding.2 As a process, arbitration is not new. It has been well said that it "antedates the establishment of a legal order and antedates, in fact, written history." I Arbitration was used extensively under Roman law, and English references report cases back to 1231.4 But, although it has been so long known, the need for its development and usage especially in interstate commercial transactions has only been appreciated in recent times. For, once the