Dispute resolution mechanisms play a critical role in sustaining collaborative efforts in space exploration,particularly in partnerships involving diverse stakeholders with varying interests.This study examines the le...Dispute resolution mechanisms play a critical role in sustaining collaborative efforts in space exploration,particularly in partnerships involving diverse stakeholders with varying interests.This study examines the legal framework governing dispute resolution within the Sino-Africa space cooperation,analyzing foundational principles,legal theories,international treaties,national legislation,and tailored conflict-resolution mechanisms.By assessing key legal instruments such as the Outer Space Treaty(1967)and the bilateral agreements,the research explores how arbitration,mediation and adjudication processes can address disputes arising from joint space endeavors.The study highlights the importance of structured legal and procedural frameworks in mitigating conflicts,ensuring compliance,and fostering longer-term cooperation between China and African nations in space exploration.Through this analysis,the study contributes to broader discussions on enhancing the efficacy of dispute resolution mechanisms in international space collaborations.展开更多
An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigatio...An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.展开更多
As the 25th World Intellectual Property Day approached,the 2025 Intellectual Property Dispute Resolution Forum,jointly organized by the China International Economic and Trade Arbitration Commission(CIETAC),the Chongqi...As the 25th World Intellectual Property Day approached,the 2025 Intellectual Property Dispute Resolution Forum,jointly organized by the China International Economic and Trade Arbitration Commission(CIETAC),the Chongqing Higher People’s Court(Chongqing High Court),the Chongqing Judicial Bureau,and the CCPIT Chongqing,was recently held in Chongqing.展开更多
This article discusses the topic of prevention and resolution mechanisms for Global Anti-Base Erosion (GloBE) disputes. As opposed to “traditional” bilateral disputes, GloBE disputes are highly likely to be multilat...This article discusses the topic of prevention and resolution mechanisms for Global Anti-Base Erosion (GloBE) disputes. As opposed to “traditional” bilateral disputes, GloBE disputes are highly likely to be multilateral in nature and therefore, more complex to address, which increases the need for mechanisms to enhance tax certainty at the cross-border level. The purpose of this contribution is to examine the mechanisms explored by the Organisation for Economic Co-operation and Development (OECD) and place this discussion within a Belt and Road Initiative (BRI) context.展开更多
he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the Internati...he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.展开更多
Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes b...Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways： participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients＇ interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.展开更多
The diversified dispute resolution(DDR)in China is different from the alternative dispute resolution(ADR)in Western countries with respect to its fundamental cause and political,economic,social,and cultural background...The diversified dispute resolution(DDR)in China is different from the alternative dispute resolution(ADR)in Western countries with respect to its fundamental cause and political,economic,social,and cultural backgrounds.To better understand the DDR,the academic community shall go beyond the superficial feature of"distributing the burden of litigation"of the ADR in Western countries and consider it as the basic institutional arrangement and regular governance practice of state governance.Furthermore,we can adjust and reorganize the DDR based on such understanding.Specificaly,after understanding the general features of dispute resolution forms,we should mobilize,aggregate,integrate,and use the dispute resolution resources in a society to improve and expand non-litigation dispute resolution forms and increase the overall supply of dispute resolution resources.Understanding the real features of disputes in China and its specific demands for dispute resolution.guide or regulate the choice of dispute resolution foms for the parties to a dispute through reasonable system design,so that the dispute resolution demands and dispute resolution forms can be matched.In particular,the Communist Party of China(CPC)and Chinese governments should play the leading and organizing role in the DDR,to comprehensively improve the effectiveness of the"Pluralistic-Unity-Style"dispute resolution.展开更多
As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.T...As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.展开更多
The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes.Under this framework,all dispute resolution mecha...The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes.Under this framework,all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of"dispute resolution"in order to gain the trust of the concerned parties.It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the"diversified mechanism"to ensure that the concerned parties'right of free choice can be substantially expanded.As one of the components of the"diversified dispute resolution mechanism,"the administrative reconsideration system should have the dual aspects of judicialization and administerization.The two aspects are not in a diametric opposition or tradeoff relation,but rather,they merely differ in observation perspectives,zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion.Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes.展开更多
文摘Dispute resolution mechanisms play a critical role in sustaining collaborative efforts in space exploration,particularly in partnerships involving diverse stakeholders with varying interests.This study examines the legal framework governing dispute resolution within the Sino-Africa space cooperation,analyzing foundational principles,legal theories,international treaties,national legislation,and tailored conflict-resolution mechanisms.By assessing key legal instruments such as the Outer Space Treaty(1967)and the bilateral agreements,the research explores how arbitration,mediation and adjudication processes can address disputes arising from joint space endeavors.The study highlights the importance of structured legal and procedural frameworks in mitigating conflicts,ensuring compliance,and fostering longer-term cooperation between China and African nations in space exploration.Through this analysis,the study contributes to broader discussions on enhancing the efficacy of dispute resolution mechanisms in international space collaborations.
文摘An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.
文摘As the 25th World Intellectual Property Day approached,the 2025 Intellectual Property Dispute Resolution Forum,jointly organized by the China International Economic and Trade Arbitration Commission(CIETAC),the Chongqing Higher People’s Court(Chongqing High Court),the Chongqing Judicial Bureau,and the CCPIT Chongqing,was recently held in Chongqing.
文摘This article discusses the topic of prevention and resolution mechanisms for Global Anti-Base Erosion (GloBE) disputes. As opposed to “traditional” bilateral disputes, GloBE disputes are highly likely to be multilateral in nature and therefore, more complex to address, which increases the need for mechanisms to enhance tax certainty at the cross-border level. The purpose of this contribution is to examine the mechanisms explored by the Organisation for Economic Co-operation and Development (OECD) and place this discussion within a Belt and Road Initiative (BRI) context.
文摘he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.
文摘Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways： participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients＇ interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.
文摘The diversified dispute resolution(DDR)in China is different from the alternative dispute resolution(ADR)in Western countries with respect to its fundamental cause and political,economic,social,and cultural backgrounds.To better understand the DDR,the academic community shall go beyond the superficial feature of"distributing the burden of litigation"of the ADR in Western countries and consider it as the basic institutional arrangement and regular governance practice of state governance.Furthermore,we can adjust and reorganize the DDR based on such understanding.Specificaly,after understanding the general features of dispute resolution forms,we should mobilize,aggregate,integrate,and use the dispute resolution resources in a society to improve and expand non-litigation dispute resolution forms and increase the overall supply of dispute resolution resources.Understanding the real features of disputes in China and its specific demands for dispute resolution.guide or regulate the choice of dispute resolution foms for the parties to a dispute through reasonable system design,so that the dispute resolution demands and dispute resolution forms can be matched.In particular,the Communist Party of China(CPC)and Chinese governments should play the leading and organizing role in the DDR,to comprehensively improve the effectiveness of the"Pluralistic-Unity-Style"dispute resolution.
基金This article is a temporary result of the study titled"Research on the Structure of Diversified Dispute Resolution,"a general project funded by the 2021 National Social Science Foundation(No.21BFX183).
文摘As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.
文摘The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes.Under this framework,all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of"dispute resolution"in order to gain the trust of the concerned parties.It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the"diversified mechanism"to ensure that the concerned parties'right of free choice can be substantially expanded.As one of the components of the"diversified dispute resolution mechanism,"the administrative reconsideration system should have the dual aspects of judicialization and administerization.The two aspects are not in a diametric opposition or tradeoff relation,but rather,they merely differ in observation perspectives,zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion.Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes.
