Showing papers on "Settlement (litigation) published in 2012"

The European Origins of Economic Development

Abstract: Although a large literature argues that European settlement outside of Europe shaped institutional, educational, technological, cultural, and economic outcomes, researchers have been unable to directly assess these predictions because of an absence of data on colonial European settlement In this paper, we construct a new database on the European share of the population during colonization and examine its association with the level of economic development today We find: (1) a strong and uniformly positive relationship between colonial European settlement and development, (2) a stronger relationship between colonial European settlement and economic development today than between development today and the proportion of the population of European descent today; and (3) no evidence that the positive relationship between colonial European settlement and economic development diminishes or becomes negative at very low levels of colonial European settlement, contradicting a large literature that focuses on the enduring adverse effects of small European settlements creating extractive institutions The most plausible explanation of our findings is that any adverse effect of extractive institutions associated with minority European settlement was more than offset by other things the European settlers brought with them, such as human capital and technology

Antecedents of settlement on a new institutional practice: negotiation of the iso 26000 standard on social responsibility

Abstract: In contrast to theory and research on institutionalized forms, less attention has been given to the creation of new institutional practices and arrangements. Researchers have recently argued that n...

At the temporary–permanent divide: how Canada produces temporariness and makes citizens through its security, work, and settlement policies

Abstract: This paper explores the production of temporariness in Canada, and its implications for the citizenship rights of migrants. It investigates the production of temporariness within three policy fields that are typically not examined together – security, work and settlement. Within these three fields, it considers public policies concerning: (1) security of presence; (2) access to paid employment for spouses of migrants; and (3) eligibility for settlement services. It argues that temporariness is being institutionalized in new ways, producing a hierarchy of categories of migrants ranging from the temporarily temporary to the permanently temporary and temporarily permanent, shaped by entry category, legal residency status and socially recognized skills. The paper advances a multidimensional conception of temporariness, and contends that the temporary-permanent divide is constructed through the enforcement of different entry categories and forms of legal residency status, which create ‘paper borders’ that are ...

Book review: Cities with ‘Slums’: From Informal Settlement Eradication to a Right to the City in Africa

Abstract: suggests, through recourse to ‘proof’ about the individual or group being stereotyped (for this would only reiterate the logic of the racist stereotype, namely that the stereotype reflects something real about the other, rather than the self). Instead Hook suggests that there is a pressing need to move beyond the negation evoked by the racist stereotype (a negation that refuses the existence of others in their own right), and towards a recognition of the ‘fact’ of difference as it stands. As glowing as this review may be, it would have been even more so had the text engaged a little more thoroughly in the earlier chapters with the sexual/racial fantasy so thoroughly explored in the later chapters. Hook is cognisant of the fact that his focus is primarily on race to the exclusion of other forms of difference as they are marked on the body, but in certain places the book would have benefited from a little more engagement with some of the literature on, for example, gender and race or sexuality and race. This is particularly noticeable in the otherwise excellent chapter on abjection, in which the work of Halperin (2007) would have extended the discussion of what it means to be abjecting or abjected. To conclude, this is a carefully written text that explores all of the nuances necessary to build up the case for the particular interpretive framework offered. As noted earlier, it will be of interest not simply to those researching and theorizing the postcolonial, but to those working in the field of racism in general and in psychology specifically.

The Illegal City: Space, Law and Gender in a Delhi Squatter Settlement

Abstract: Contents: Introduction Law, space and subjectivity Violence of urban development Construction of squatter settlements Beoming 'illegal' urban citizens 'Legitimate' social organization Contested boundaries of infrastructure Legitimate domesticities Visions of the future Bibliography Index.

Smugglers and Saints of the Sahara: Regional Connectivity in the Twentieth Century

Abstract: 1. Founding saints and moneylenders: regional ecologies and oasis settlement 2. Saints on trucks: Algerian traders and settlement in the biblad al-sudan 3. Dates, cocaine, and AK 47s: moral conundrums on the Algero-Malian border 4. Struggles over encompassment: hierarchy, genealogies, and their contemporary use 5. Universal law and local containment: assemblies, qudah and the quest for civilisation 6. Settlement, mobility, and the daily pitfalls of Saharan cosmopolitanism Conclusion: Saharan connectivity and the 'swamp of terror' Glossary References Index.

Here to work: the socioeconomic characteristics of informal dwellers in post-apartheid South Africa:

Abstract: Government policy towards informal settlements in South Africa reflects a tension between two approaches: recognizing the legitimacy of informal settlements and aggressively removing these so-called "slums". (1) Drawing on nationally representative household survey data and interviews with 25 individuals relocated from an informal settlement to a "transit camp", this paper argues that more detailed attention should be paid to the changing connection between housing, household formation and work. Whereas cities in the apartheid era were marked by relatively stable industrial labour and racially segregated family housing, today the location and nature of informal dwellings are consistent with two important trends: demographic shifts, including towards smaller more numerous households, and employment shifts, including a move from permanent to casual and from formal to informal work. This study is therefore able to substantiate in more detail a longstanding insistence by informal settlement residents that they live where they do for reasons vital to their everyday survival. The paper also highlights the limitations of relocations not only to urban peripheries but also to other parts of cities, and it underscores the importance of upgrading informal settlements through in situ development.

Social impacts of mining: Changes within the local social landscape

Abstract: Understanding the social impacts at a community level triggered by mining operations is a challenging exercise. This paper reflects on a community’s perceptions and interpretation of these impacts as well as on the qualitative changes in the local social landscape and their implications for a sustainable future. The findings are based on an exploratory research carried out in a small established settlement in Western Australia. Considered as an agricultural community for decades, Boddington currently hosts two mining operations. Even though mining has been carried out there for decades, the recent opening of a large-scale mining operation is triggering significant demographic changes which result in a structural and functional transformation of the local social environment. Two new phenomena, namely transiency and a dependency culture are identified. Maintaining existing levels of social and economic capital as well as mobilising the community’s resources to capitalise on the opportunities associa...

Enabling participatory planning with GIS: a case study of settlement mapping in Cuttack, India

Abstract: This paper describes the use of Global Positioning System (GPS) devices to map informal settlements in Cuttack, India in ways that enhance and support residents' participation in the data collection and planning process. Rather than relying on remote sensing to identify informal settlement locations, each settlement is visited individually by a mapping team comprised of community leaders and NGO staff. The mapping team meets with settlement residents to develop a detailed settlement profile and map the settlement boundary using a GPS device. This process has helped to open and sustain a dialogue between the residents of informal settlements and city government around "slum" upgrading, and has influenced the use of a central government fund to support local upgrading plans.

Rural Settlements and Society in Anglo-Saxon England

Abstract: List of figures Preface and Acknowledgements 1. The Study of Anglo-Saxon Rural Settlements 2. Anglo-Saxon Buildings: Form, Function, and Social Space 3. Settlement Forms and Community Structures 4. Ritual and Domestic Life 5. Farming Systems and Settlement Forms 6. Production, Exchange, and the Shape of Rural Communities References Index

Immigration, jobs and employment protection: evidence from Europe before and during the Great Recession

Abstract: In this paper we analyse the impact of immigrants on the type and quantity of natives’ jobs. We use data on fifteen Western European countries during the 1996-2010 period. We find that immigrants, by taking up manual-routine type of occupations pushed natives towards more “complex” (abstract and communication) jobs. This job upgrade was associated with a 0.7% increase in native wages for a doubling of the immigrants’ share. These results are robust to the use of an IV strategy based on the past settlement of immigrants across European countries. The job upgrade slowed, but did not come to a halt, during the Great Recession. We also document the labour market flows behind it: the complexity of jobs offered to new native hires was greater than that of lost jobs. Finally, we find evidence that the reallocation was larger in countries with more flexible labour laws.

Black Settlement Houses and Oppositional Consciousness

Abstract: Due to the failure of the mainstream American settlement house movement to assist Blacks moving to cities in the late 19th and early 20th centuries, a parallel movement was developed by Black femal...

Method and system for verification and claim of on-line insurance claim settlement

Abstract: The invention discloses a method and a system for verification and claim of on-line insurance claim settlement. According to the invention, on the basis of a user diagnosis and treatment record, a medication administration record and a physical examination record, a database of data of users' applications on insurance claim settlement is established; meanwhile, an insurance claim settlement standard check database is also established for an insurance company; according to an association control provided by the system, a comparison is carried out between the user application claim settlement database and the claim settlement standard check database of the insurance company; and then insurance claim settlement is carried out according to a resulted check standard and claim settlement fees can be paid to an insurance user in an on-line payment mode. A patient can complete operation on application for claim settlement through a network platform, so that labor and time are saved and operation can be completed conveniently and rapidly. According to check on an insurance claim settlement database, the system provided in the invention will automatically prompt the user that what a concrete claim payment standard is met, so that it is saved that the user confirms whether an insurance claim settlement standard is met by a call or a fax. And then insurance claim settlement fees will be directly transferred from an insurance company's account to a patient' s account by an on-line payment mode with convenience and rapidity.

Building the wrong peace: Reviewing the United Nations Transitional Administration in East Timor (UNTAET) through a political settlement lens:

Abstract: The United Nations Transitional Administration in East Timor (UNTAET) was established by the UN Security Council on 25 October 1999 to administer the territory of East Timor towards independence in...

How does the World Trade Organization know? The mobilization and staging of scientific expertise in the GMO trade dispute.

Abstract: The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the 'plant and animal health' category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant's regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel's findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel's SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC's regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of 'science-based trade discipline', while also constructing new scientific expertise for the main task--namely, challenging trade restrictions for being unduly cautious.

Revolution of the Ordinary

Abstract: Across the world, the force of the ordinary is being felt. Needs must means that the majority of new urban development globally is driven by the settlement and actions of the poorest city dwellers. Where formal provision is not made for infrastructure, people are providing for themselves. Daniela Fabricius looks at how the impact of collective action by ‘ordinary’ people on the city might be assessed architecturally in cities as politically and geographically as diverse as Lima, Manila, Mumbai, Rio de Janeiro, Tehran and Mexico City.

The Kosovo Conflict and International Law: An Analytical Documentation 1974 1999

Abstract: Map Preface Chronology Introduction 1. Kosovo's status in Yugoslavia before 1999 2. Development of the human rights situation 3. Diplomatic efforts for the settlement of the crisis 4. Military action against Yugoslavia 5. Settlement of the crisis 6. Statements by NATO member states 7. International reactions to the crisis 8. Court action with regard to the Kosovo crisis 9. Implementation of the principles for a political solution of the conflict Chronological list of documents Select bibliography Index.

Developing an informal settlement upgrading protocol in Zimbabwe – the Epworth story

Abstract: This paper describes how a settlement profile, mapping and enumeration of Magada, an informal settlement in the town of Epworth just outside Harare, provided the basis for an upgrading programme. This was both in terms of the needed information and in terms of agreement between the residents and their community organizations and local and national government. The local government’s agreement to support in situ upgrading was the first of its kind in Zimbabwe and it is the first settlement plan to include meaningful participation by residents in articulating their own development priorities and in influencing the design. The work to map and number each plot was undertaken by teams that included residents, supported by members of the Zimbabwe Homeless People’s Federation and its support NGO Dialogue on Shelter Trust, along with planning students. This was supported by high resolution satellite images and a GIS process was developed drawing in data from enumerations covering each household. A concept plan was...

Belonging and community: understandings of "home" and "friends" among the English poor, 1750-1850.

Abstract: This article is based on unique ‘narratives of the poor’, that is, letters from poor people to their parishes of settlement, petitions to the London Refuge of the Destitute, and letters from mothers to the London Foundling Hospital, with supportive evidence from newspapers. These display fundamental concepts among the English poor, who were often poorly literate, and who comprised the majority of the population. Discussion focuses upon their understandings of ‘home’, ‘belonging’, ‘friends’, and ‘community’. These key concepts are related here to modern discussions, to set important concerns into historical perspective. ‘Friends’, valuably studied by sociologists such as Pahl, had a wide meaning in the past. ‘Home’ meant (alongside abode) one's parish of legal settlement, where one was entitled to poor relief under the settlement/poor laws. This was where one ‘belonged’. Ideas of ‘community’ were held and displayed even at a distance, among frequently migrant poor, who wrote to their parishes showing strong ties of attachment, right, and local obligation. This discussion explores these issues in connection with belonging and identity. It elucidates the meaning and working of poor law settlement, and is also an exploration of popular mentalities and the semi-literate ways in which these were expressed.

Re-envisioning long-distance Oceanic migration: early dates in the Mariana Islands

Abstract: Dates as early as 1500 bc now can be confirmed for first human settlement of the remote Mariana Islands, more than 2000km from any contemporary populated area. These findings bear directly on comprehending long-distance human migration, and they alter orthodox views of how people first colonised the Pacific Islands. Remote Oceanic settlement has previously been understood as the legacy of Lapita pottery makers entering the Bismarck Archipelago about 1500–1350 bc, spreading into the remote islands of Southern Melanesia and West Polynesia after 1200 bc. This outline is strongly evidenced, but now it can be modified to account for Marianas colonisation at an earlier date and over a longer migration distance. Early Marianas site-dating is reviewed here comprehensively for the first time.

Engineering a Millennium City in Accra, Ghana: The Old Fadama Intractable Issue

Abstract: This article examines the attempted illegal forced eviction of residents in Old Fadama, Accra’s largest informal settlement. Firstly, it reviews the most recent newspaper articles and official government documentation, to demonstrate the instrumental portrayal of the settlement and its residents as nuisance, dangerous and unsanitary. It shows that the normative discourse of ‘squatters’ and ‘informality’ used by the municipal authorities situates Old Fadama’s residents within the sphere of illegality. As a result, residents are physically situated within, but conceptually outside of the boundaries of Ghanaian society, which serves to justify the eviction to the wider constituency, especially as the accompanying propaganda has resulted in the settlement being a ‘no-go’ area for other residents in Accra due to fear of insecurity. Secondly, it explores the complex web of social and economic relationships between the settlement and Accra’s wider urban fabric that renders the simple dichotomies of planned and legal versus unplanned and illegal unfeasible. It argues that situating the emergence and expansion of Old Fadama in Ghana’s wider national migration patterns, as well as the country’s housing and urban planning policy history, and uncovering the settlements multiple relationships with Accra and Ghana’s governing structures as well as the city’s multiple economic networks provide an alternative reading of Old Fadama’s development and growth than that usually allowed for within this discourse of illegality and squatting used by the local authorities.

Unsettling Cures: Exploring the Limits of the Indian Residential School Settlement Agreement

Abstract: Building on a cultural studies framework, this article addresses the implementation of the Indian Residential School Settlement Agreement by cataloguing specific reconciliatory events, public forums, and media coverage that occurred in 2010. Revealing the contradictory nature of Canada's reconciliation project, the author situates the IRSSA within a larger infrastructure of policies and procedures that have limited Indigenous nationhood and autonomy in the Canadian settler society. Specifically, this article identifies a need to trouble categories of trauma and victimhood that may engender outcomes of cure, which ultimately constitute a foreclosure on the past in Canada's reconciliation process. While therapeutic language is less apparent in the IRSSA, the author suggests, it is still deployed under the guise of closure and “settlement.”

The archaeology of not being governed: A counterpoint to a history of settlement of two colonies in the eastern Caribbean

Abstract: In this article we examine the role of informal settlements inhabited by Europeans, Africans and, potentially, indigenous people in the eighteenth-century insular Caribbean. Rather than simply being frontier settlements established in anticipation of formal colonization, in many cases settlements on and beyond the margins of colonies represent alternative possibilities and facilitate ways of life, modes of production, and means of trade and exchange that are at odds with expected norms of colonial society. We view such settlements as holdouts, practicing what James Scott refers to as the ‘art of not being governed’. To make this argument we compare ethnohistorical data related to settlement patterns in St John and Dominica and archaeological data retrieved from household excavations of plantation settlements dating to the eighteenth century. Examining such settlements allows us to map the range of variation in colonial life during the apogee of plantation-based slavery.

Palaeotsunamis and their influence on Polynesian settlement

Abstract: The 11 March 2011 Tōhoku-oki tsunami caused widespread devastation to coastal communities in Japan. This event however was merely the latest, yet largest, of several similar occurrences in the Paci...

Brokering Peace: Networks, Legitimacy, and the Northern Ireland Peace Process

Abstract: Goddard, Stacie E. (2012) Brokering Peace: Networks, Legitimacy, and the Northern Ireland Peace Process. International Studies Quarterly, doi: 10.1111/j.1468-2478.2012.00737.x © 2012 International Studies Association After over 20 years of fighting in Northern Ireland, the Belfast Agreement of 1998 has successfully implemented a power-sharing agreement. Belfast was not the first attempt at a peaceful settlement; indeed, some scholars count as many as seven prior peace attempts in Northern Ireland, the most significant being the Sunningdale Agreement of 1973. Why was it that politicians successfully negotiated the peace in 1998, while these prior attempts failed? Drawing from social network theory, I argue that the Belfast Agreement succeeded, not because of a change of interests or disappearance of spoilers, but because of the presence of brokers at the bargaining table. Brokers, in particular, have the capacity to legitimate settlements—to frame settlements in such a way that they appear consistent with principles held by multiple coalitions. As a result, brokers are both more likely to build a winning coalition for a settlement, as well as marginalize spoilers who seek to undermine the peace.

The History of ICSID

Abstract: 1. Introduction 2. Origins of the Convention 3. Broches's " 4. The Preliminary Draft of the Convention 5. Finalizing the Text of the Convention 6. Establishment and Launch of the Centre 7. ICSID's First Two Decades 8. Aspects of the Early Cases 9. ICSID from 1989 to 1999 10. ICSID from 2000 to 2010 11. Aspects of the New Cases 12. Conclusion APPENDICES I. Working Paper in the Form of a Draft Convention for the Resolution of Disputes between States and Nationals of Other States, June 5, 1962 II. Preliminary Draft of a Convention on the Settlement of Investment Disputes between States and Nationals of Other States, October 15, 1963 III. Draft Convention on the Settlement of Investment Disputes between States and Nationals of Other States, (First Draft) September 11, 1964 IV. Convention on the Settlement of Investment Disputes between States and Nationals of Other States and Accompanying Report of the Executive Directors, March 18, 1965