Showing papers on "Settlement (litigation) published in 2017"
TL;DR: The political settlements framework as discussed by the authors argues that the distribution of organizational power is important for understanding the economic and political effects of institutions and policies, and that the relative power and capabilities of relevant organizations that describe a particular political settlement and how these may be changing over time.
Abstract: The political settlements framework argues that the distribution of organizational power is important for understanding the economic and political effects of institutions and policies. Institutions and policies describe rules that in turn determine resource allocation, and these can affect different types of organizations in very different ways. Organizations can be expected to support, resist or distort particular institutions or policies depending on their interests and capabilities. The distribution of organizational power can therefore determine the institutions and policies that are likely to persist as well as the ones most likely to be developmental in that context. This directs our attention to the importance of accurately identifying the relative power and capabilities of relevant organizations that describe a particular political settlement and how these may be changing over time. The articles in African Affairs that have used the political settlements framework demonstrate its usefulness. In this overview we examine the motivations behind the development of the framework and some of the challenges of applying it in the context of dynamic interactions between institutions and organizations. We also discuss the most appropriate definition of a political settlement, the questions the framework is most suited to answer and the challenges ahead for developing the framework and its applications.
150 citations
TL;DR: The concept of subaltern urbanisation refers to the growth of settlement agglomerations that are independent of the metropolis and autonomous in their interactions with other settlements, local and global as discussed by the authors.
Abstract: The concept of subaltern urbanisation refers to the growth of settlement agglomerations, whether denoted urban by the Census of India or not, that are independent of the metropolis and autonomous in their interactions with other settlements, local and global. Analysing conventional and new data sources "against the grain", this paper claims support for the existence of such economically vital small settlements, contrary to perceptions that India's urbanisation is slow, that its smaller settlements are stagnant and its cities are not productive. It offers a classification scheme for settlements using the axes of spatial proximity to metropolises and degree of administrative recognition, and looks at the potential factors for their transformation long economic, social and political dimensions. Instead of basing policy on illusions of control, understanding how agents make this world helps comprehend ongoing Indian transformations.
109 citations
TL;DR: The authors assess some of the central claims about investor-state dispute settlement (ISDS) and argue that a majority of claims today deal not with direct takings by low-rule-of-law countries, but with regulation in democratic states.
Abstract: The treatment of foreign investment has become the most controversial issue in global governance. At the center of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which allows private firms legal recourse against governments if government interference has degraded their investment. Using newly released data covering 742 investment disputes, I assess some of the central claims about ISDS. I argue that the regime has indeed undergone an important shift: a majority of claims today deal not with direct takings by low-rule-of-law countries, but with regulation in democratic states. Such “indirect expropriation” claims have seen a precipitous decrease in their odds of legal success over the past twenty years. They are also far less likely to result in early settlement. These parallel trends may be a result of a rise in strategic litigation by investors whose aim is not only to obtain compensation but also to deter governments' regulatory ambitions.
107 citations
TL;DR: A growing body of literature has attempted to understand the social integration of rural migrants in Chinese cities, and specifically patterns and determinants of migrant settlement intention as mentioned in this paper. But their work is limited in scope.
Abstract: A growing body of literature has attempted to understand the social integration of rural migrants in Chinese cities, and specifically patterns and determinants of migrant settlement intention. Howe...
101 citations
TL;DR: For instance, urban settlement has been central to the making of European settler-colonized societies since their inception as discussed by the authors, and it is given material presence and organizational support.
Abstract: Urban settlement has been central to the making of European settler-colonial societies since their inception. Settlement, or more sharply invasion, is given material presence and organizational sha...
74 citations
Book•
28 Oct 2017
64 citations
TL;DR: Wang et al. as mentioned in this paper focused on the floating population's intention for urban settlement and effect factors, and found that more than half of migrants provided positive answers to the question about long-term settlement plan.
Abstract: Floating population has had a tremendous impact on China’s urban development in the past three decades. Understanding this population’s settlement intention in cities is crucial for China’s process of urbanization. Based on a nationwide survey, this paper focuses on the floating population’s intention for urban settlement and effect factors. The empirical evidence shows that more than half of migrants provide positive answers to the question about long-term settlement plan. Using logistic regression model, factors including socio-economic, occupational, institutional, neighbourhood and origin–destination characteristics are examined. Results indicate that majority of the variables are significantly associated with settlement intention. For example, having more welfare benefits, self-occupied housing and better social integration are representative indications of a long-term settlement plan. This study also highlights non-physical neighbourhood characteristics such as social participation, interaction with locals, and migrant’s attitude to the destination city as important factors of settlement intention.
50 citations
TL;DR: In this paper, the authors argue that the proportion of female representatives in a national legislature prolongs peace following a negotiated settlement and highlight two mechanisms through which greater female representation reduces the risk of conflict recurrence: prioritizing social welfare spending over military spending and improving public perceptions of good governance and the credibility of political elites.
Abstract: Previous studies suggest that women’s access to political power often increases following the termination of civil conflicts, particularly those ending in negotiated settlement. However, the effect of these changes has received limited attention. We argue that the proportion of female representatives in a national legislature prolongs peace following a negotiated settlement. Moreover, we highlight two mechanisms through which greater female representation reduces the risk of conflict recurrence: (1) by prioritizing social welfare spending over military spending and (2) by improving public perceptions of good governance and the credibility of political elites. We further argue that legislative independence and authority conditions this relationship, implying that greater female representation is more likely to promote peace in states with nominally democratic political institutions. Our empirical analyses of peace duration following negotiated settlements between 1946 and 2011 provide robust support for ou...
49 citations
TL;DR: In this paper, the authors show that conflict after peace settlements recurs less often when electoral participation provisions are included than when they are not, and that electoral participation can help stabilize settlements and produce more enduring peace.
Abstract: Why does fighting recur following some civil conflict peace settlements, but not others? What kind of agreements are associated with more enduring peace? Post-conflict elections can often complicate and even undermine peace agreements. Agreements that contain “electoral participation provisions,” however, may help stabilize settlements and produce more enduring peace. Electoral participation provisions mandate that rebel groups be allowed to compete alongside the government in post-conflict elections. Such provisions encourage external actors, such as intergovernmental organizations and foreign donors, to become engaged in post-conflict elections. As part of this engagement, they can provide incentives to the parties to adhere to the terms of the settlement, as well as detect and sanction instances of noncompliance. New cross-national data suggest that conflict after peace settlements recurs less often when electoral participation provisions are included than when they are not. The data also suggest that ...
45 citations
TL;DR: This article examined the impact of the Global Settlement on affiliation bias in analyst recommendations and found that the settlement led to an increase in the expected costs of issuing biased coverage at sanctioned banks and concurrent SRO rule changes were largely ineffective at reducing the influence of investing banking on analyst research at large non-sanctioned banks.
Abstract: We examine the impact of the Global Settlement on affiliation bias in analyst recommendations. Using a broad measure of investment bank-firm relationships, we find a substantial reduction in analyst affiliation bias following the settlement for sanctioned banks. In contrast, we find strong evidence of bias both before and after the settlement for affiliated analysts at non-sanctioned banks. Our results suggest that the settlement led to an increase in the expected costs of issuing biased coverage at sanctioned banks, while concurrent SRO rule changes were largely ineffective at reducing the influence of investing banking on analyst research at large non-sanctioned banks.
42 citations
TL;DR: The authors examined the impact of the Global Settlement on affiliation bias in analyst recommendations and found that the settlement led to an increase in the expected costs of issuing biased coverage at sanctioned banks, while concurrent self-regulatory organization rule changes were largely ineffective at reducing the influence of investment banking on analyst research at large non-sanctioned banks.
Dissertation•
01 Jan 2017
TL;DR: In this paper, the authors examine the various contexts in which the great powers employed arbitral mechanisms in order to highlight the pivotal role arbitration played as a tool of diplomacy in this globalizing age.
Abstract: The nineteenth century witnessed a major effort amongst key historical actors at applying international arbitration to settle a range of questions between states. An increasingly globalized public sphere took great interest in arbitration and how it might be used to supplant war in what they called the ‘civilized’ world. At the fin de siècle, these two elements came together at the peace conferences at The Hague in 1899 and 1907 when diplomats institutionalized arbitration through the creation of the Permanent Court of Arbitration. This thesis examines the various contexts in which the great powers employed arbitral mechanisms in order to highlight the pivotal role arbitration played as a tool of diplomacy in this globalizing age. Moreover, it investigates the political motivations behind the eventual systematization and institutionalization of arbitration. Chapter 1 explores both the pre–nineteenth–century history of pacific settlement as well as the early development of arbitration in the opening stages of the nineteenth century. Chapter 2 analyses the ways that arbitration played a confidence–building role in the increased complexities of nineteenth–century great power politics. Chapter 3 explains how imperial powers employed arbitration to regulate their relations with non–Western governments, particularly in terms of demarcating and delimiting the boundaries of their colonies in Africa and Asia. Following on, chapter 4 examines private claims arbitration, particularly in the developing capital markets of Latin America. Chapter 5 considers how internationalist and peace movements in the west co–opted the idea of arbitration in the latter half of the nineteenth century, providing an impetus to institutionalize and systematize pacific settlement. Finally, chapter 6 considers the motivating factors as well as the impediments behind the negotiations at the two Hague conferences for the advancement of pacific settlement. The following six chapters demonstrate how the enhanced use of legal mechanisms in the nineteenth century were part of the changing vision of modern diplomatic and legal practice. At the same time, the expansion of pacific settlement represented the primary vehicle for states to implement greater structural changes in the international system for the sake of peace and progress.
TL;DR: There is more international migration and settlement in the world today than ever before; people are more cosmopolitan than any time in history; there are more museums and more cultural centers than ever as mentioned in this paper.
Abstract: There is more international migration and settlement in the world today than ever before; people are more cosmopolitan than ever before; there are more museums than ever before; and there are more ...
TL;DR: In this article, the authors show that quantitative scaling relationships observed for modern urban systems, and more recently for early civilizations, are also apparent in settlement data from the Central Mesa Verde and northern Middle Missouri regions of North America.
Abstract: The contemporary relevance of archaeology would be greatly enhanced if archaeologists could develop theory that frames human societies of all scales in the same terms. We present evidence that an approach known as settlement scaling theory can contribute to such a framework. The theory proposes that a variety of aggregate socioeconomic properties of human networks emerge from individuals arranging themselves in space so as to balance the costs of movement with the benefits of social interactions. This balancing leads to settlements that concentrate human interactions and their products in space and time in an open-ended way. The parameters and processes embedded in settlement scaling models are very basic, and this suggests that scaling phenomena should be observable in the archaeological record of middle-range societies just as readily as they have been observed in contemporary first-world nations. In this paper, we show that quantitative scaling relationships observed for modern urban systems, and more recently for early civilizations, are also apparent in settlement data from the Central Mesa Verde and northern Middle Missouri regions of North America. These findings suggest that settlement scaling theory may help increase the practical relevance of archaeology for present-day concerns.
TL;DR: The Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 settled the longest-running litigation over Maori land claims in New Zealand history as discussed by the authors, and the Whanganui river is New Zealand's longest navigable river.
Abstract: The Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 settled the longest-running litigation over Maori land claims in New Zealand history. The Whanganui river is New Zealand’s longest navi...
TL;DR: In this article, career concerns influence banking analysts' forecasts and they find evidence that analysts benefit from this behavior as analysts that are more biased in their forecasts of potential future employers are more likely to move to a higher reputation bank.
Dissertation•
01 Jan 2017
TL;DR: In this paper, the authors propose a method to solve the problem of "uniformity" and "uncertainty" in the context of health care, and propose a solution.
Abstract: iiiii
Book•
11 Sep 2017TL;DR: Belonging and Transnational Refugee Settlement as mentioned in this paper examines the implications of "belonging" in numerous places as increased mobilities and digital access create new global connectedness in uneven and unexpected ways.
Abstract: The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781315268958, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
The image we have of refugees is one of displacement – from their homes, families and countries – and yet, refugee settlement is increasingly becoming an experience of living simultaneously in places both proximate and distant, as people navigate and transcend international borders in numerous and novel ways. At the same time, border regimes remain central in defining the possibilities and constraints of meaningful settlement. This book examines the implications of ‘belonging’ in numerous places as increased mobilities and digital access create new global connectedness in uneven and unexpected ways.
Belonging and Transnational Refugee Settlement positions refugee settlement as an ongoing transnational experience and identifies the importance of multiple belongings through several case studies based on original research in Australia and New Zealand, as well as at sites in the US, Canada and the UK. Demonstrating the interplay between everyday and extraordinary experiences and broadening the dominant refugee discourses, this book critiques the notion that meaningful settlement necessarily occurs in ‘local’ places. The author focuses on the extraordinary events of trauma and disasters alongside the everyday lives of refugees undertaking settlement, to provide a conceptual framework that embraces and honours the complexities of working with the ‘trauma story’ and identifies approaches to see beyond it.
This book will appeal to those with an interest in migration and diaspora studies, human geography and sociology.
TL;DR: In this paper, the authors discuss two normative questions raised by cases of colonial settlement: is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what condition...
Abstract: This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what condition...
TL;DR: In this paper, a functional-spatial analysis of small and medium-sized towns is developed and tested to identify towns, differentiate towns from cities, and detect town positionality within urban territorial arrangements, focusing on whether they are autonomous, networked with other towns or agglomerated with large cities.
Abstract: This contribution applies a functional-spatial perspective to
the study of small and medium-sized towns. A methodology for
functional analysis is developed and tested to identify towns,
distinguish towns from cities, and detect town positionality
within urban territorial arrangements, focusing on whether they
are autonomous, networked with other towns or agglomerated with
large cities. The methodology is used to compare settlement
systems in two regions and two countries in Europe by looking
at the existence and nature of networks between towns and
cities and how towns perform in terms of population and jobs in
respect of their belonging to different types of territorial
arrangement.
TL;DR: The Eneolithic Cucuteni-Trypillia mega-sites were undoubtedly the largest residential agglomerates in southeastern Europe from c. 4100 to 3400 cal BC as discussed by the authors.
Abstract: The Eneolithic Cucuteni–Trypillia mega-sites were undoubtedly the largest residential agglomerates in southeastern Europe from c. 4100 to 3400 cal BC. Their sheer size and estimated population have triggered animated discussion of whether or not they should be regarded as ‘proto-cities’. Considering trajectories of change in, for instance, density of dwellings and settlement size, this paper discusses a series of issues that will help the reader decide in which category these large sites should be placed, while at the same time examining the arguments for and against Trypillia low-density settlement patterns, recently problematized by Chapman and Gaydarska (2016).
[...]
29 Sep 2017
TL;DR: The first authoritative account concerning the lack of conflict in the Nordic region is given in this article, which evaluates why the area is more peaceful than the rest of Europe and whether there is a lesson to be learned from the area.
Abstract: The first authoritative account concerning the lack of conflict in the Nordic region, this text evaluates why the area is more
peaceful than the rest of Europe and whether there is a lesson to be learned from the area. Looking at cases where parts
of the Nordic area have started to break away from the others and how this was achieved without violence, it also explores
the settlement of demarcation disputes. By using this region as an example for the rest of Europe, this book tests the
hypothesis of the Nordic Peace using a number of approaches including historical, political science, peace research,
sociology and law. This highly insightful piece of research is relevant for courses in international relations and European
studies.
TL;DR: The early occupation of this Swahili port, from the sixth century AD, presents a unique opportunity to develop our understanding of the growth and development in settlement and trade along the East African coast as mentioned in this paper.
Abstract: New investigations at the coastal settlement of Unguja Ukuu in Zanzibar have demonstrated the effectiveness of magnetometry as a survey method. The early occupation of this Swahili port, from the sixth century AD, presents a unique opportunity to develop our understanding of the growth and development in settlement and trade along the East African coast. The geophysical survey has allowed the size of this important site to be reassessed and an industrial component to be identified. It also offers an insight into the role that early Islamicisation may have played in helping to establish the settlement as a key port during the growth of the Indian Ocean trade network.
Dissertation•
01 Nov 2017
TL;DR: This article examined how Chinese immigrant mothers' learning has been socially organized in a Canadian immigration settlement organization (ISO) and how mothering as an ideology shapes immigrant mothers’ learning practice and argued that mothers' everyday experience of learning, mothering and settlement are not only a cultural nexus of transnational encounters, but also social relations with race, gender and class inequalities.
Abstract: This research examines how Chinese immigrant mothers’ learning has been socially organized in a Canadian immigration settlement organization (ISO) and how mothering as an ideology shapes immigrant mothers’ learning practice. Drawing on a feminist and anti-racist theoretical framework and a critical ethnography, this dissertation problematizes motherhood learning through exploring the ideology of mothering, unpacking the ruling relations behind the learning practice, and examining immigrant mothers’ standpoint. I argue that immigrant mothers’ everyday experience of learning, mothering and settlement, which are socially organized by the state and its agencies, are not only a cultural nexus of transnational encounters, but also social relations with race, gender and class inequalities. The findings of this dissertation were generated from three parts. First, I revisit the meaning of motherhood. I challenge the ideology of mothering, which is based on Westernized and neoliberalized ideas of “intensive mothering” (Vandenbeld Giles, 2014). I unpack the ruling relations behind Chinese immigrant mothers’ learning and find out how the ruling idea of mothering shapes Chinese immigrant mothers’ learning, settlement, mothering and everyday practice. Second, I examine the social organization of motherhood learning in Canadian
15 May 2017
TL;DR: The evolution of settlement and colonization during the Middle Ages is of historical importance as discussed by the authors and settlement on the land helped to bring about that mingling and stratification of the peoples from which the European nations sprang.
Abstract: The evolution of settlement and colonization during the Middle Ages is of historical importance. Settlement on the land helped to bring about that mingling and stratification of the peoples from which the European nations sprang. Decisive incidents in the social evolution of medieval society were intimately associated with economic use of the land. Landownership, which took the form of landlordship and the disposal of the forces of a multitude of dependants, became the basis of personal political power. The princes and other great landowners of Slavonic Central Europe had remained uninfluenced by German rural economy so long as it was characterized by the manorial type of organization. The relation of the townsmen to the land was not quite uniform. Some townsmen were agriculturists, others drawers of agricultural rents. Both types are to be found in other regions in the same period.
TL;DR: In this article, the excavation of a heavily-disturbed Bėčionys hilltop settlement site in south-eastern Lithuania revealed a distribution of subsurface features holding few or no artefacts.
Abstract: The geoarchaeological research summarized in this paper followed the excavation of a heavily-disturbed Bėčionys hilltop settlement site in south-eastern Lithuania. The archaeological excavation revealed a distribution of subsurface features holding few or no artefacts. According to what was left of them – stains forms, profiles, fillings and artefacts (or absence of them) – all these were registered as sunken features, without any attempt of further interpretation of possible function (midden, posthole, hearth, etc.). The features with artefacts were doubtless worthy of documentation, at least regarding the archaeological value of their infill, whereas objects holding no artefacts lacked any such reason. The overall task, therefore, was to determine any culture-related criteria for these features. Recent studies indicate that an analysis of geochemical and geophysical properties of sediments can contribute towards the detection of human occupation beyond the archaeological remains. This is because anthropogenic activity, including food preparation, fireplaces, middenning or craft-working, alters the natural sediments in recognizable ways, forming new soil characteristics that can be traced and measured through multi-analytical methodologies. To date, elevated levels of Ca, P, Cu, Fe, Mg, K, Na, Zn, etc., have been commonly found in archaeological soils and associated with specific inputs (Dirix et al. 2013; Entwistle et al. 2000; Hjulstrom, Isaksson 2009; Linderholm 2007; Linderholm, Lundberg 1994; Marwick 2005; Middleton, Price 1996; Middleton 2004; Parnell et al. 2002; Wells 2004; Wilson et al. 2008). However, the establishment of relationships between soil properties and past human activities is by no means straightforward. Ancient soil signatures are siteVolume VIII ● Issue 1/2017 ● Pages 17–33
01 Jan 2017
TL;DR: In this article, the authors present Table of Table 1.xv Table of table 1.1.1] and Table 2.xV.1.xv table 2.
Abstract: xv Table of
TL;DR: In this paper, focus groups with 90 local stakeholders in eight local government areas in Victoria were used to show the variable but potentially significant role of local government in the regional and rural settlement of recent arrivals.
Abstract: Government responsibility for the settlement of newly arrived refugees and migrants in Australia is shared between the federal, state and local levels. While Australia's settlement policies are predominantly top-down and Commonwealth driven with some state involvement, local government has the potential to play a greater role in facilitating the settlement of newly arrived migrants and refugees. A growing body of literature in Australia and overseas highlights the role of local-level policies in supporting integration and social cohesion, which is arguably even more crucial in the context of migrant and refugee settlement in regional and rural areas. This paper draws on focus groups with 90 local stakeholders in eight local government areas in Victoria to propose a typology of local government involvement that shows the variable but potentially significant role of local government in the regional and rural settlement of recent arrivals. We argue that Australia's over 560 local governments provide crucial but underutilised governance resources for improving the settlement process. This finding has implications for settlement policies and funding, intergovernmental coordination, and the retention of migrants and refugees in regional and rural communities in Australia.
TL;DR: After the Portuguese discovered the Cape Verde Islands in AD 1456, they divided its main island, Santiago, into two governing captaincies as mentioned in this paper, and the founding settlement in the south-west, Cidade Velha, soon became the Islands' capital and a thriving trade centre.
Abstract: After the Portuguese discovered the Cape Verde Islands in AD 1456 they divided its main island, Santiago, into two governing captaincies. The founding settlement in the south-west, Cidade Velha, soon became the Islands’ capital and a thriving trade centre; in contrast, that in the east, Alcatrazes, only lasted as an official seat from 1484–1516 and is held to have ‘failed’ (see Richter 2015 ).