Showing papers on "Settlement (litigation) published in 2001"

Stabilizing the Peace After Civil War: An Investigation of Some Key Variables

Abstract: In the wake of negotiated settlements to civil wars, one critical problem involves reassuring people who have been killing one another that conflict is not about to break out again, endangering people's lives. Those concerned with the success of negotiated settlements have debated how best to enhance the prospects of a stable peace. We address this question by exploring variables that may explain the longevity of negotiated peace settlements. These variables are divided into two categories—one tapping into the potential effects of the environment in which settlements are negotiated and another focusing on the impact of settlement arrangements. On the basis of our analysis of thirty-eight civil war settlements negotiated between 1945 and 1998 we identify the environmental factors and institutional choices that affect the short-term stability of the peace following civil war.

Online mortgage approval and settlement system and method therefor

Abstract: A method for automatically fulfilling lending conditions includes the steps of maintaining a database of a plurality of registered service providers, receiving a loan application having one or more conditions to be fulfilled for the loan application to be approved, evaluating the one or more conditions to determine one or more actions to be taken towards fulfilling the one or more conditions, and automatically executing at least one action of the one or more actions to be taken towards fulfilling at least one of the one or more conditions, wherein the at least one action includes automatically requesting information for fulfilling the at least one condition from a registered service provider of the plurality of registered service providers.

Settlement dynamics of the Middle Paleolithic and Middle Stone Age

Abstract: This paper analyses the changes in the transport of raw materials in levels N10 and N12 of Roca dels Bous (northeast of the Iberian Peninsula). The study of the contexts of these lithic assemblages reveals differences in the intensity of occupation. At the same time, changes in the technical system are observed, especially in knapping methods and retouched tools. These variations enable us to reflect on the use of Roca dels Bous within the mobility patterns of the Neanderthals that inhabited the area connecting the Ebro Valley with the first slopes of the South Pyrenees. The characteristics of the lithic artefacts suggest changes in the strategies used to acquire, produce, use and discard stone tools. These questions allow us to examine the meaning of technical variability, a fundamental notion in any discussion of the evolutionary and cultural significance of the Middle Palaeolithic. Résumé. Cet article dérive des implications observées dans les changements en l’apport des matières premières détecté aux niveaux archéologiques N10 et N12 de la Roca dels Bous (nord-est de la Péninsule Ibérique). L’analyse des assemblages lithiques déposés dans ces contextes sédimentaires, permet de reconnaître des différences dans l’intensité de l’occupation du gisement. Ce phénomène est associé aux changements dans les attributs caractéristiques des systèmes techniques qui sont surtout visibles dans les méthodes de taille et les pièces retouchés. On examine si ces variations peuvent se rapporter aux changements dans la fonctionnalité du site et des cycles de mobilité des Néanderthaliens qui ont habité dans la zone qui connecte le Bassin du Ebro et les premières chaînes montagneuses du sud des Pyrénées Orientaux. En même temps, ces modifications sont liées aux comportements qui affectent à l’acquisition, élaboration, usage et abandon des artefacts lithiques. Ces questions peuvent être mises en relation avec le concept de variabilité, notion essentielle dans l’interprétation de la signification évolutive et culturelle du Paléolithique Moyen. introduction: analysing the significance of the notion of variability In this article we analyse a traditional question in Middle Palaeolithic studies: how do we detect and explain changes in Neanderthal behaviour? This question is at the root of the debate on “Mousterian variability,” which has monopolised the cultural characterisation of Homo neanderthalensis (Mellars 1996). It is important to define the concept of “variability” since, despite the enduring character and extensive geographical dispersion of Neanderthals,

The ICSID Convention: A Commentary

Abstract: 1. International centre for settlement of investment disputes 2. Jurisdiction of the centre 3. Conciliation 4. Arbitration 5. Replacement and disqualification of conciliators and arbitrators 6. Cost of proceedings 7. Place of proceedings 8. Disputes between contracting states 9. Amendments 10. Final provisions.

An archaeology of Elmina : Africans and Europeans on the Gold Coast, 1400-1900

Abstract: Acknowledgements Introduction 1. Historical Background 2. The Elmina Settlement 3. The Archaeology of an African Town 4. Subsistence, Craft Specialization, and Trade 5. The European Trade 6. Culture, Contact, Continuity, and Change Notes References Index

Holocene Settlement of the Egyptian Sahara

Abstract: by Fred Wendorf and Romuald Schild The Eastern Sahara is a fascinating place to study structures. These larger, more complex sites are almost prehistory. Confronted with the stark reality of a hyperalways in the lower parts of large basins, most of which arid environment that receives no measurable rainfall, were formed by deflation during the Late Pleistocene lacks vegetation, and is seemingly without life, it would hyper-arid interval between about 65,000 and 13,000 seem to be an unlikely place to find a rich and complex years ago. Their location near the floor of these basins mosaic of archaeological remains documenting past was influenced primarily by one factor water. During human presence. Despite this impression of a hostile wet phases, runoff from extensive catchment areas environment, there is widespread and abundant caused the development of large, deep, seasonal lakes, archaeological evidence. or playas, in the lowermost parts of these basins. This It is obvious that this area was not always a lifeless surface water would last for several weeks or months desert. Faunal and plant remains found in the excavations after the seasonal rains, and by digging wells after the at Holocene-age settlements, dating between 9500 and playa became dry, water could still be obtained during 5000 radiocarbon years ago, indicate that rainfall during most, if not all, of the dry season.

Stone Raw Material Availability and Early Archaic Settlement in the Southeastern United States

Abstract: The band-macroband Early Archaic settlement model has had widespread use in Southeastern North American archaeology since its introduction some ten years ago (Anderson and Hanson 1988). Nevertheless, the model has undergone little critical testing. New data from Early Archaic assemblages in North Carolina and South Carolina are used to test the model's posited settlement range and site types. At issue is the role played by the limited distribution of high-quality knappable stone in Early Archaic adaptations. Contrary to the band-macroband model, it is suggested that high-quality tool stone played a more significant role in settlement adaptations than previously recognized. In particular, group mobility incorporated the geological occurrence of preferred tool stone. Moreover, it is argued that the level of tool curation in Early Archaic assemblages is telling us less about forager or collector site types than it is about the differential use of stone raw material. Last, a new settlement model is proposed whereby settlement ranges were not restricted to particular watersheds along the South Atlantic Slope; rather, settlement ranges “mapped on” to an area that varied annually across the landscape according to food availability but generally included regionally significant stone quarries.

The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?

Abstract: Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through settlement. Disputing parties are still responsible for making the final decision regarding settlement, but they are cast in the role of consumers, largely limited to selecting from among the settlement options developed by their attorneys. Indeed, it is the parties’ attorneys, often aided by mediators who are also attorneys, who assume responsibility for actively and directly participating in the mediation process, invoking the substantive (i.e., legal) norms to be applied and creating settlement options. It is quite clear that court-connected mediators are providing evaluations of the parties’ positions (e.g., estimates of the strengths and weaknesses of the parties’ cases, suggestions regarding settlement options, etc.). When offered in the context of a party-centered, facilitative mediation, evaluation can serve a useful educational function and can aid party self-determination by assisting the parties in making informed decisions. As mediation has become increasingly institutionalized in the courts, however, a small but growing number of disputants have approached courts and ethical boards to claim that mediators’ aggressive evaluation or advocacy for particular settlements actually coerced them into a settlement. In response, Florida and Minnesota chose to permit evaluation in their ethical guidelines for mediators, but incorporated safeguards pronouncing party self-determination as the paramount goal of mediation and clearly prohibiting coercion by the mediator. This Article urges that despite the aspirational language and the good intentions underlying Florida’s and Minnesota's ethical guidelines, the narrowed vision of party self-determination that is now institutionalized in these guidelines will be understood as no different from the free will which is to be exercised by parties involved in judicially-hosted settlement conferences. In that context, when parties have alleged that the judge or magistrate presiding over their settlement conference coerced them into reaching a settlement agreement by evaluating the parties’ cases or urging a particular settlement, the courts have generally refused to find coercion unless the judge or magistrate engaged in outright threats or issued sanctions. Indeed, one court has written, “We do not agree that a judge should refrain from offering his or her assessment of a case on the eve of trial, solely to avoid the appearance of impropriety. Such a policy would effectively render meaningless a judge’s role in the settlement process.” It is unlikely that the courts or ethical boards responsible for interpreting and enforcing mediators’ ethical guidelines will judge aggressive evaluation as coercive just because it occurred within the context of a mediation rather than in a judicially-hosted settlement conference, especially if the vision of party self-determination in mediation is no longer grounded in the concept of party empowerment.This Article examines several possible means to protect parties’ self-determination in mediation and ultimately advocates for the adoption of a three-day, non-waivable cooling-off period before mediated settlement agreements may become enforceable. This modification would permit the continued use of evaluative techniques as a means to educate parties and inform their decision-making while rewarding the use of techniques (often facilitative) that increase parties’ commitment to their settlement. The more committed parties are to their settlement, the less likely it is that they will withdraw from the settlement during the cooling-off period. Ultimately, this proposal has the potential to keep “muscle mediation” in check while also allowing the return to a vision of self-determination which is closer to that which first dominated (and inspired) the contemporary mediation movement.

System and method for on line resolution of disputes

Abstract: One or more embodiments of the invention are directed to an on line system that facilitates the confidential and secure exchange of offers and demands between parties to a dispute. The exchange can take place directly between a claimant and a respondent or their representatives without the involvement of third parties, such as mediators or arbitrators. The system is designed to minimize overhead costs by automatically reminding the parties of a pending settlement offer at selected time intervals, thereby eliminating the need for constant follow up correspondence and telephone calls. System features encourage settlement of disputes by providing a user-friendly environment and an easily accessible medium for exchange of information related to a dispute. Parties are invited to submit settlement offers in ranges including minimum and maximum dollar amounts for which they are willing to settle the case. Based upon the submitted offers the system determines a settlement amount that fits within the proposed ranges. If no settlement is reached the parties are invited to try again.

Public Policy and Population Distribution: Developing Appropriate Indicators of Settlement Patterns

Abstract: In this paper we are concerned with the measurement of aspects of population distribution, or settlement patterns, and the use of these measures in public-policy contexts in particular. More specifically, we query the adequacy of the population-density indicator, which is widely used in statistical formulae such as those by which the British government allocates funding to English local authorities. Our approach is to work through a series of topics, starting with an introductory discussion of the ideas raised by analyses of population distribution, and followed by a section on issues involved in the measurement of settlement patterns. In the third section, we outline the types of public-policy concern which call for statistical indicators of settlement patterns, and then present a set of guidelines for measurements which will be of value in the specific context of British local-government finance-allocation systems. In the next three sections, these guidelines are used to assess the appropriateness of se...

Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States

Abstract: Abbreviations. 1. Introduction: European Community, Its Member States and Mixed Agreements. 2. Recognition and Implications of the Mixed Procedure in the Case Law of the European Court of Justice. 3. Negotiation, Conclusion and Implementation: Procedures of the Community and the Member States. 4. Non-EC Parties and the Contention for Certainty. 5. Mechanisms for Settlement of Disputes: International Law Procedures. 6. Beyong Proceduralization: Mixed Agreements and Countermeasures. 7. Conclusions and Evaluation. Appendices. Tables of Cases. Bibliography. Index.

Books and Articles in the Field of the Prevention and Peaceful Settlement of International Disputes Published in 2000–2001

Abstract: Achcar, G., La nouvelle guerre froide: le monde après le Kosovo (1999). ISBN 2-13050499-X, 110 pp. Ackerman, J.E.; O’Sullivan, E., Practice and procedure of the international criminal tribunal for the former Yugoslavia: with selected materials from the International Criminal Tribunal for Rwanda (2000). ISBN 90-411-1478-5, xxi and 555 pp. Ackermann, A., Making peace prevail: preventing violent conflict in Macedonia (2000). ISBN 0-8156-2812-9, xii and 217 pp. Alao, A.; Mackinlay, J.; Olonisakin, F., Peacekeepers, politicians and warlords: the Liberian peace process (1999). ISBN 9280810316, xvii and 192 pp. Ambos, K., El Estatuto de Roma de la Corte Penal Internacional (1999). ISBN 9586164217, 512 pp. Arbour, L., et al., The prosecutor of a permanent International Criminal Court = Le procureur d’une Cour pénale internationale permanente = El fiscal de una Corte Penal Internacional Permanente (2000). ISBN 3-86113-939-1, xix and 708 pp.

Order placement and payment settlement system

Abstract: This order placement and payment settlement system provides secure transactions in online shopping by means of the intermediation of settlement bodies that authenticate buyers and sellers, allowing each party to conduct business with confidence in the other. The buyer's computer or other data terminal accesses the seller's server to obtain purchase order information and transmits such information as is required to the server of the settlement body. On the basis of that information, the server of the settlement body references buyer credit databases provided to it and then transmits the purchase order to the seller's server only when the buyer is capable of making payment. The settlement body server also uses a trustworthiness ranking of the seller to determine the timing of settlement and effects settlement unless the buyer objects to settlement before that time. The system thus provides both the buyer and the seller with enhanced confidence in the integrity of the transaction.

The Irish counter-revolution, 1921-1936 : treatyite politics and settlement in independent Ireland

Abstract: In 1921, Michael Collins argued that the Anglo-Irish treaty offered nationalists the freedom to achieve freedom. In 1926, Kevin O'Higgins proposed to crown the British monarch king of a reunited Ireland. In 1933, Eoin O'Duffy advocated a corporatist state on the Fascist Italian model, within a republican settlement. This study explains how such contrasting political views were reconciled within an evolving pro-Treaty position. It argues that in order to understand the development of the new and the establishment of a viable democracy it must first be recognized that a dedicated counter-revolution underpinned the post-revolutionary settlement. The book opens with a comprehensive re-evaluation of the treaty negotiations. It argues that there existed elements of anti-democratic culture on both sides of the treaty divide, not least Collins himself. It emphasizes the central role of Kevin O'Higgins in using the spoils system of the new state to undermine his opponents within the regime. Based on ten years' research in archives in Ireland, Britain, France and the USA, this is a reappraisal of the Irish Free State.

Enforcing intellectual property rights

Abstract: We study the determinants of patent suits and their outcomes over the period 1978-1999 by linking detailed information from the U.S. patent office, the federal court system, and industry sources. The probability of being involved in a suit is very heterogeneous, being much higher for valuable patents and for patents owned by individuals and smaller firms. Thus the patent system generates incentives, net of expected enforcement costs, that differ across inventors. Patentees with a large portfolio of patents to trade, or having other characteristics that encourage 'cooperative' interaction with disputants, more successfully avoid court actions. At the same time, key post-suit outcomes do not depend on observed characteristics. This is good news: advantages in settlement are exercised quickly, before extensive legal proceedings consume both court and firm resources. But it is bad news in that the more frequent involvement of smaller patentees in court actions is not offset by a more rapid resolution of their suits. However, our estimates of the heterogeneity in litigation risk can facilitate development of private patent litigation insurance to mitigate this adverse affect of high enforcement costs.

Manipulation of Cash‐Settled Futures Contracts

Abstract: Replacement of delivery settlement of futures contracts with cash settlement is frequently proposed to reduce the frequency of market manipulation. This article shows that it is always possible to design a delivery-settled futures contract that is less susceptible to cornering by a large long than any given cash-settled contract. Such a contract is more susceptible to manipulation by large shorts, however. Therefore, cash settlement does not uniformly dominate delivery settlement as a means of reducing the frequency of market power manipulations in derivatives markets. The efficient choice of settlement mechanism depends on whether supply and demand conditions favor short or long manipulations. Copyright 2001 by University of Chicago Press.

The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?

Abstract: Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through settlement. Disputing parties are still responsible for making the final decision regarding settlement, but they are cast in the role of consumers, largely limited to selecting from among the settlement options developed by their attorneys. Indeed, it is the parties’ attorneys, often aided by mediators who are also attorneys, who assume responsibility for actively and directly participating in the mediation process, invoking the substantive (i.e., legal) norms to be applied and creating settlement options. It is quite clear that court-connected mediators are providing evaluations of the parties’ positions (e.g., estimates of the strengths and weaknesses of the parties’ cases, suggestions regarding settlement options, etc.). When offered in the context of a party-centered, facilitative mediation, evaluation can serve a useful educational function and can aid party self-determination by assisting the parties in making informed decisions. As mediation has become increasingly institutionalized in the courts, however, a small but growing number of disputants have approached courts and ethical boards to claim that mediators’ aggressive evaluation or advocacy for particular settlements actually coerced them into a settlement. In response, Florida and Minnesota chose to permit evaluation in their ethical guidelines for mediators, but incorporated safeguards pronouncing party self-determination as the paramount goal of mediation and clearly prohibiting coercion by the mediator. This Article urges that despite the aspirational language and the good intentions underlying Florida’s and Minnesota's ethical guidelines, the narrowed vision of party self-determination that is now institutionalized in these guidelines will be understood as no different from the free will which is to be exercised by parties involved in judicially-hosted settlement conferences. In that context, when parties have alleged that the judge or magistrate presiding over their settlement conference coerced them into reaching a settlement agreement by evaluating the parties’ cases or urging a particular settlement, the courts have generally refused to find coercion unless the judge or magistrate engaged in outright threats or issued sanctions. Indeed, one court has written, “We do not agree that a judge should refrain from offering his or her assessment of a case on the eve of trial, solely to avoid the appearance of impropriety. Such a policy would effectively render meaningless a judge’s role in the settlement process.” It is unlikely that the courts or ethical boards responsible for interpreting and enforcing mediators’ ethical guidelines will judge aggressive evaluation as coercive just because it occurred within the context of a mediation rather than in a judicially-hosted settlement conference, especially if the vision of party self-determination in mediation is no longer grounded in the concept of party empowerment.This Article examines several possible means to protect parties’ self-determination in mediation and ultimately advocates for the adoption of a three-day, non-waivable cooling-off period before mediated settlement agreements may become enforceable. This modification would permit the continued use of evaluative techniques as a means to educate parties and inform their decision-making while rewarding the use of techniques (often facilitative) that increase parties’ commitment to their settlement. The more committed parties are to their settlement, the less likely it is that they will withdraw from the settlement during the cooling-off period. Ultimately, this proposal has the potential to keep “muscle mediation” in check while also allowing the return to a vision of self-determination which is closer to that which first dominated (and inspired) the contemporary mediation movement.

Implications for tobacco control of the multistate tobacco settlement.

Abstract: The 1998 master settlement agreement between major tobacco manufacturers and the US states will have a profound effect on many tobacco industry practices and will significantly influence future settlements with the tobacco industry. This article analyzes the settlement's key provisions pertaining to youth sales, advertising, marketing, and lobbying. It also examines the ways in which the settlement restricts industry practices as well as the many industry practices that remain unregulated.

Migration and Settlement of the Yuezhi-Kushan: Interaction and Interdependence of Nomadic and Sedentary Societies

Abstract: O ur general image of ancient civilizations is formed by the great agricultural empires of Eurasia. Nomadic pastoralists are most often regarded as predators to the sedentary-agricultural societies. Histories of many modern countries, however, not only retain signs of conflicts with the encroaching nomads, but also of “barbarian” impact on their culture. The interactions and interdependence between nomads and agriculturalists is an important topic of world history. Our knowledge of the phenomenon, though, is very much hindered by the dearth of information on nomads, especially those in early history, who left few literary sources and often very shallow archaeological remains for historians to explore. Luckily, neighboring sedentary societies did provide information about them, as those agricultural empires or states constantly engaged in military conflicts as well as diplomatic, commercial, marital, and other interactions with them. The Yuezhi people, who early resided near the border of the agricultural part of China and later migrated on the Eurasian steppe all the way to north India, eventually becoming the rulers of the vast agricultural-trading Kushan empire, comprised one of the nomadic groups better known by the sedentary societies of that time. Thus, to trace the migration and settlement of the Yuezhi-Kushan people may be

Settlement and the Decline of Private Prosecution in Thirteenth-Century England

Abstract: Although modern societies generally entrust enforcement of the criminal law to public prosecutors, most crimes in premodern societies were prosecuted privately. In classical Athens, ninth-century Germany, and England before the nineteenth century, there were no public prosecutors for most crimes. Instead, the victim or a relative initiated and litigated the cases. This article is the first rigorously quantitative analysis of private prosecution. It focuses on thirteenth-century England and uses statistical techniques, such as regression analysis, to show that changes in the treatment of settled cases can explain the rate of private prosecution.