The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

It is assumed that the parties to the FTA will carry out their commitments in good faith. Persons and companies would risk capital and may suffer potential loss; therefore FTAs require a strong legal foundation incentivizing stability, transparency and compliance with obligations. -/- The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain (...) healthy relationships among trading partners. (shrink)

The purpose of the present article is two-fold. First, the article examines the reasons as to why Arab countries do not actively participate in WTO dispute settlement proceedings.17 Trade volume, lack of technical expertise, financial strains, political relations, enforcement, and language problems eachplay a role in Arab countries under-participation and are discussed herein. Second, the article provides possible avenues through which Arab countries can enhance their presence in the WTO dispute settlement process. In the process of (...) examining these issues, the article highlights the case(s) in which Arab countries participated in the WTO dispute settlement system. However, before addressing these issues, the article will briefly discuss the development of the WTO dispute settlement mechanism. (shrink)

The Industrial Disputes (Amendment) Bill, 2009 was introduced in the Rajya Sabha on 26th February, 2009. The bill seeks to amend a few provision of the Industrial Disputes Act, 1947. Industrial Disputes and their settlement have been provided in Industrial Disputes Act, 1947. The Act defines the relevant terms and also defines the Industrial Dispute, Industry and the mechanism of the settlement of dispute. Now we will study different dimensions in detail for managerial perspective. The study (...) of Industrial Dispute prevention involves the study of determining the types of disputes and their causes along with the settlement and prevention of disputes in Management. What is the management attitude towards labour.An exploratory study to use in this paper for industrial dispute act and its impact on industrial development for analysis of different dimensions of this topic and the research paper based on secondary data sources. Finally study gives the suggestions and conclusion about how to prevent the industrial dispute. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly (...) so in various viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims. The objective of the present study is to critically evaluate the application of the concept of burden of proof underWTOdispute settlement mechanism.

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines (...) the nature and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is (...) how to improve trade integration among Arab countries through more effective rules of origin. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute (...) class='Hi'>settlement mechanics. In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

This Article aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become imbued with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due both to the WTO’s specific dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures’ foundation on “insufficient scientific evidence” dramatically undermines the probative value of science in WTO adjudication and creates a seeming contradiction: The system requires defendants (...) to provide legal evidence of the absence of sufficient scientific evidence. The reasoning of the Panel on the EC–Biotech case was riddled with this apparent paradox. For the first time, the US–Continued Suspension case has opened a gateway to address this fundamental issue. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...) The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights from (...) our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

At the beginning of the present century, a series of paradoxes were discovered within mathematics which suggested a fundamental unclarity in traditional mathemati­cal methods. These methods rested on the assumption of a realm of mathematical idealities existing independently of our thinking activity, and in order to arrive at a firmly grounded mathematics different attempts were made to formulate a conception of mathematical objects as purely human constructions. It was, however, realised that such formulations necessarily result in a mathematics which lacks (...) the richness and power of the old ‘platonistic’ methods, and the latter are still defended, in various modified forms, as embodying truths about self-existent mathematical entities. Thus there is an idealism-realism dispute in the philosophy of mathematics in some respects parallel to the controversy over the existence of the experiential world to the settle­ment of which lngarden devoted his life. The present paper is an attempt to apply Ingarden’s methods to the sphere of mathematical existence. This exercise will reveal new modes of being applicable to non-real objects, and we shall put forward arguments to suggest that these modes of being have an importance outside mathematics, especially in the areas of value theory and the ontology of art. (shrink)

Neither logical deduction nor empirical induction is capable of mediating the dispute between religious disciples and non-disciples. The case is particularly acute when it comes to the divine Reality (God). Within Wittgenstein’s theoretical framework, some scholars start from the perspective of language games, contending that this dispute is meaningless and should be abandoned, while others are not satisfied with such a settlement and extend Wittgenstein’s aspect theory to religious issues, arguing that God is an aspect. The extension (...) includes analogous and theoretical extensions. This article will show that even if these two extensions are successful, their interpretations with regard to the disputes between religious disciples and non-disciples are not convincing. Worse still, the extension from aspect theory to religious issues is by no means successful in proving that God is an aspect. (shrink)

This paper examines the settlement movement (a social reform movement during the Progressive Era, roughly 1890–1920) in order to illustrate what pragmatism is and is not. In 1906, Mary Kingsbury Simkhovitch proposed an analysis of settlement house methods. Because of her emphasis on interpretation and action, and because of the nature of the settlement movement as a social reform effort with vitally important consequences for everyone involved, it might be thought that her analysis would be pragmatist in (...) character. This paper shows that her analysis is empiricist, not pragmatist, and offers an alternative pragmatist sketch of settlement house methodology. (shrink)

To say that a philosophical dispute is ‘merely verbal’ seems to be an important diagnosis. If that diagnosis is correct for a particular dispute, then the right thing to do would be to declare that dispute to be over. The topic of what the disputing parties were fighting over was just a pseudo-problem (thus not really a problem), or at least – if there is a sense in which also merely verbal disputes indicate some problem, for example, (...) insufficient clarity of terminology – this problem is not substantial, or not as substantial as the disputing parties believed their problem initially to be. In this paper I will try to clarify what it means if we diagnose that two arguing parties are having a merely verbal dispute. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as (...) travel, short-term and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

Approaching the settlement of our Moon from a practical perspective, this book is well suited for space program planners. It addresses a variety of human factor topics involved in colonizing Earth's Moon, including: history, philosophy, science, engineering, agriculture, medicine, politics & policy, sociology, and anthropology. Each chapter identifies the complex, interdisciplinary issues of the human factor that arise in the early phases of settlement on the Moon. Besides practical issues, there is some emphasis placed on preserving, protecting, and (...) experiencing the lunar environment across a broad range of occupations, from scientists to soldiers and engineers to construction workers. The book identifies utilitarian and visionary factors that shape human lives on the Moon. It offers recommendations for program planners in the government and commercial sectors and serves as a helpful resource for academic researchers. Together, the coauthors ask and attempt to answer: “How will lunar society be different?”. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

This article suggests a change of perspective on philosophy’s engagement with its past. It argues that rather than the putative purport of giving life to the past philosopher’s work, philosophical engagement with the past gives life to one’s own. Drawing on the neo-pragmatist thesis of Robert Brandom, it suggests looking to what philosophers do when they attribute meaning to concepts and considering their engagement with the past as appropriation in consequence. By scrutinizing Robert Pippin’s opposing thesis of philosophical engagement with (...) the past as dialogue, and carefully examining Brandom’s, the article suggests an account for appropriation that shows it to be non-dialogical, and hence unable to yield the fruits associated with this conception, but also insightful and rich with other philosophical values. Brandom and John McDowell’s dispute over the interpretation of Wilfrid Sellars provides an illustration of the proposed perspective and of those values. (shrink)

A central dispute in social ontology concerns the existence of group minds and actions. I argue that some authors in this dispute rely on rival views of existence without sufficiently acknowledging this divergence. I proceed in three steps in arguing for this claim. First, I define the phenomenon as an implicit higher-order disagreement by drawing on an analysis of verbal disputes. Second, I distinguish two theories of existence—the theory-commitments view and the truthmaker view—in both their eliminativist and their (...) constructivist variants. Third, I examine individual contributions to the dispute about the existence of group minds and actions to argue that these contributions have an implicit higher-order disagreement. This paper serves two purposes. First, it is a study to apply recent advances in meta-ontology. Second, it contributes to the debate on social ontology by illustrating how meta-ontology matters for social ontology. (shrink)

It is fundamental that, in philosophy, we make sure that we are not mistaking merely verbal disputes, or “conceptual” disputes, for substantive ones. This essay presents a tripartite framework that is useful for clarifying cases where it is difficult to tell whether we are engaged in substantive or non-substantive disputes. For this purpose, the essay offers some combinatorial possibilities between the following levels: verbal, conceptual, and objectual. We need to distinguish whether we are arguing about the world, concepts, or words (...) to avoid talking at cross-purposes and to recognize when our disputes are not worth the time. Distinguishing between these three levels can also throw light and guide research on conceptual engineering, metalinguistic negotiations, metaontology, and so on. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's (...) four-dimensionalist assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

In this paper, we argue that, in order to account for the apparently substantive nature of definitional disputes, a commitment to what we call ‘Socratic essentialism’ is needed. We defend Socratic essentialism against a prominent neo-Carnapian challenge according to which apparently substantive definitional disputes always in some way trace back to disagreements over how expressions belonging to a particular language or concepts belonging to a certain conceptual scheme are properly used. Socratic essentialism, we argue, is not threatened by the possibility (...) that some apparently substantive definitional disputes may turn out to be verbal or conceptual, since this pluralist strategy, in our view, requires a commitment to more, rather than fewer, essences. What is more, a deflationary, metaphysically ‘light-weight’ construal of the essence-ascriptions in question leads to a peculiar conception of the pursuit of metaphysicians as behaving like deceptive (or self-deceived) grammarians pretending to be scientists. Moreover, this deflationary attitude, we argue, spreads beyond metaphysics and philosophy more broadly to apparently substantive definitional disputes in the sciences as well as other in other disciplines, such as art criticism. (shrink)

UNRWA’s Mediation Process is a key element in the organization’s efforts to strengthen its internal justice system. The research aims to study the reality of mediator competencies, emotional intelligence and case characteristics variables, (UNRWA) Gaza. The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. The researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, a (...) semi-structured interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The results proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: UNRWA should adopt mediation as a method to resolve disputes at workplace instead of following litigation before the courts, as many organizations today increasingly started to adopt mediation as a method to resolve disputes at workplace. This will help decreasing the high cost, non-flexibility, and threatening features of disputes and conflicts resolution before courts, as well as enhance the relationship between disputant parties. Mediators are essentially recommended to attend regular training such as guiding negotiation processes, employing group sessions properly, overcoming obstacles, summarizing & analytical skills and selecting emotional words and phrases, it is also important to encourage the mediation experts' training workshops and meetings. Regular training sessions will not only improve skills and abilities, but will also imply variety and flexibility. This leads to having competent qualified mediators who are able to resolve organization’s workplace disputes in a way, which satisfies the need of disputants. (shrink)

The West German positivist dispute in the 1960s is well known and thoroughly studied. At about the same time positivist disputes also took place in two Scandinavian countries: one in Norway and one in Sweden. What did the front lines in the debate look like in the three countries? What was the outcome of the different disputes? The main focus in the article is on the Swedish case, but some comparative perspectives relating to the three disputes will also be (...) presented. The Swedish positivist dispute originated with Gerard Radnitzky’s doctoral dissertation in theory of science, defended at the University of Gothenburg in May 1968, Contemporary Schools of Metascience (2 volumes). The dissertation caused a stir of controversy. It meant a challenge to the Swedish philsophical establishment because it leaned heavily on continental philosophers such as Karl-Otto Apel and Jürgen Habermas, who at the time were more or less unknown in Sweden. The controversy was continuated in the following years, most notably in the leftist journal Häften för kritiska studier (Notebooks for Critical Studies). (shrink)

Disputes over territory are a major contributing factor to the disruption of international relations. We believe that a cumulative, integrated, and continuously updated resource providing information about such disputes in an easily accessible form would be of benefit to intelligence analysts, military strategists, political scientists, and also to historians and others concerned with international disputes. We propose an ontology-based strategy for creating such a resource. The resource will contain information about territorial disputes, arguments for and against claims pertaining to sovereignty, (...) proffered evidence for such claims, political and military motives (overt or hidden), and associated conflicts. Our approach is designed to address several issues surrounding the representation of geopolitical conflict, including the tracking and individuation of disputes and the validation of disseminated information. (shrink)

This paper defends substantivism about disputes in the metaphysics of composition. That is, it defends the view that disputes about the metaphysics of composition are substantial: they are neither merely apparent disputes in which disputants are talking past one another in virtue of disagreeing about the truth conditions for certain sentences; nor are they disputes in which there is no fact of the matter in the world in virtue of which one party to the dis-pute is right and the other(s) (...) wrong. (shrink)

WHAT is art? Classificatory disputes.. Classificatory disputes about what is art Art historians and philosophers of art have long had classificatory disputes about art regarding whether a particular cultural form or piece of work should be classified as art. Disputes about what does and does not count as art continue to occur today -/- Defining art is difficult if not impossible. Aestheticians and art philosophers often engage in disputes about how to define art. By its original and broadest definition, art (...) (from the Latin ars, meaning “skill” or “craft”) is the product or process of the effective application of a body of knowledge, most often using a set of skills; this meaning is preserved in such phrases as “liberal arts” and “martial arts”. However, in the modern use of the word, which rose to prominence after 1750, “art” is commonly understood to be skill used to produce an aesthetic result (Hatcher, 1999). (shrink)

There is currently debate between deflationists and anti-deflationists about the ontology of persisting objects. Some deflationists think that disputes between, for example, four-dimensionalists (e.g. Ted Sider and David Lewis) and quasi-nihilists (e.g. Peter Van Inwagen and Trenton Merricks) are merely verbal disputes. Anti-deflationists deny this. Eli Hirsch is a deflationist who maintains that many ontological disputes are merely verbal. Theodore Sider maintains that the disputes are not merely verbal. Hirsch and Sider are thus engaged in a metaontological dispute. In (...) this paper, I argue that Hirsch's metaontological dispute with Sider is, by Hirsch's own lights, itself merely verbal. I conclude that the mere verbalness of his metaontological dispute with Sider suggests that Hirsch's account of what makes a dispute merely verbal may be problematic. (shrink)

The paper aims to address the following two questions: what kind of discourse is that which attempt to found or defend the autonomy or the boundaries of a discipline? Why do such discourses tend to turn into normative, dogmatic-excommunicating discourses between disciplines, schools or scholars? I will argue that an adequate answer may be found if we conceive disciplines as dogmatics, where such discourses often take the form of a discourse on the foundation of a discipline, a foundation in the (...) name of which the scholar speaks and with which he/she entertains an identity relationship. To this purpose I will re-examine the methodological discourses of (and debates between) Pareto, Croce and Einaudi on the demarcation issue between philosophy, economics and value-judgments as highly instructive to understand such issues. (shrink)

Higher-order realists about properties express their view that there are properties with the help of higher-order rather than first-order quantifiers. They claim two types of advantages for this way of formulating property realism. First, certain gridlocked debates about the nature of properties, such as the immanentism versus transcendentalism dispute, are taken to be dissolved. Second, a further such debate, the tropes versus universals dispute, is taken to be resolved. In this paper I first argue that higher-order realism does (...) not in fact resolve the tropes versus universals dispute. In a constructive spirit, I then develop higher-order realism in a way that leads to a dissolution, rather than a resolution, of this dispute too. (shrink)

“Terrorism” is a polysemic, emotionally laden term. Belligerent groups could be labeled “terrorist” by some and “freedom” or “guerrilla” fighters by others. Similarly, the same organization or group could be labeled “terrorist” by some and “humanitarian organization” by others. Hence, depending on which perspective people take in a given conflict, and how the international community reacts to the conflict in question, members of different organizations or groups might end up being classified in a negative sense as terrorists or in a (...) positive sense as freedom fighters. Such perspectivism partly explains why so much disagreement exists on the meaning, justification, or excuse of terrorism. (shrink)

Abstract: The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. Researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, a semi-structured interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The results (...) proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: Selecting expert mediators to deal with multi-culture groups. Ensuring equal gender representation in working groups, teamwork and committees and encouraging female participation in mediation processes to resolve dispute at work place. Developing the mediation schema in a way that empowers the mediator to increase her/his ability to lead and establish compromise solutions for workplace disputes. (shrink)

Many philosophers regard the persistence of philosophical disputes as symptomatic of overly ambitious, ill-founded intellectual projects. There are indeed strong reasons to believe that persistent disputes in philosophy (and more generally in the discourse at large) are pointless. We call this the pessimistic view of the nature of philosophical disputes. In order to respond to the pessimistic view, we articulate the supporting reasons and provide a precise formulation in terms of the idea that the best explanation of persistent disputes entails (...) that they are pointless. We then show how to answer the pessimistic argument. Taking a well-known mathematical controversy as our paradigm example, we argue that some persistent disputes reflect substantive disagreements at the “meta-analytic” level, i.e., disagreements about the best way, among quite different candidates, to understand the topic at issue, and the best associated cluster of analytic truths one should accept concerning it. Moreover, our concrete example shows that such meta-analytic disagreements can in principle be settled and yield a genuine theoretical (as opposed to merely pragmatic) breakthrough. We conclude optimistically that persistent disputes can be an important means of fostering epistemic progress. (shrink)

The paper delves into manuscript sources connected with various disputations held at Prague University from around 1390 to 1420 and singles out a set of hitherto unknown quaestiones dealing with the nature of the human intellect and its relation to the body. Prague disputations from around 1400 arguably offer a unique vantage point on late medieval anthropological issues, since they encompass an entanglement of numerous doctrinal influences from Buridanian De anima commentaries to John Wyclif’s theories. The paper delineates several conceptual (...) tensions regarding the nature of the intellect, e.g., between materialism (entailed by the emphasis on the intellect’s inherence in the body) and personal immortality. It presents several strategies Prague masters employed to overcome these tensions. For example, an anonymous participant of the 1409 quodlibet develops the Buridanian distinction between the rationally demonstrable materialist tendency and the indemonstrable “catholic truth” about the intellect both inhering in and separable from the body. On the other hand, Wyclif’s adherents (Jacob of Mies and another anonymous master) postulate an immortal spirit hypostatically united to each human being beside the human soul educed from the potency of the matter. Yet, the boundaries between the doctrinal standpoints in question seem permeable, whereby a rigid definition of antagonistic groups in late medieval Prague intellectual milieu (e.g., Buridanians vs Wycliffites) is rendered ineffective. (shrink)

1. Une dispute épistémologique 1.1 Quatre itinéraires à proximité puis à distance des structuralismes 1.2 Un différend sur les « usages réglés du rationalisme » en sciences de l’homme 2. Les mots et les descriptions en sciences de l’homme 2.1 Une commune limitation du déterminisme linguistique 2.2 Un problème philosophique implicite : descriptions définies et noms propres 2.3 L’usage des descriptions définies en sciences de l’homme 2.4 Les (semi-)noms propres des sciences historiques 2.5 Le degré de généralité des concepts (...) employés et ses conséquences sur les raisonnements 3. La spécificité des raisonnements en sciences de l’homme 3.1 Quelle logique pour raisonner sur les phénomènes humains ? 3.2 Les usages d’une référence commune : la logique naturelle 3.3 Propositions et énoncés : divergences sur l’analyse des raisonnements 4. Le juste degré de formalisation du langage et des raisonnements 4.1 La formalisation des descriptions 4.2 Les modèles et la formalisation des raisonnements 4.3 Des formalisations qui s’ignorent 5. Le caractère historique des sciences de l’homme 5.1 Formaliser implique-t-il de dé-historiciser ? 5.2 Les mécanismes du changement scientifique 5.3 Pragmatique de l’intervention théorique. (shrink)

The issue of the definition and position of archaeology as a discipline is examined in relation to the dispute which took place from 1980 to 2009 between the archaeologist Jean-Claude Gardin and the sociologist Jean-Claude Passeron. This case study enables us to explore the actual conceptual relationships between archaeology and the other sciences (as opposed to those wished for or prescribed). The contrasts between the positions declared by the two researchers and the rooting of their arguments in their disciplines (...) are examined: where the sociologist makes use of his philosophical training, the archaeologist relies mainly on his work on semiology and informatics. Archaeology ultimately plays a minor role in the arguments proposed. This dispute therefore cannot be considered as evidence for the movement of concepts between archaeology and the social sciences. A blind spot in the debate, relating to the ontological specificities of archaeological objects, nevertheless presents itself as a possible way of implementing this movement. (shrink)

Modern Hume scholarship is still divided into two major camps when it comes to the issue of causation. There are those scholars who interpret Hume as a causal anti-realist, and there are those who interpret him as a causal realist. In my paper, I argue that there is an overwhelming amount of evidence – especially textual evidence – that should lead us to read Hume as being a causal anti-realist. That is to say, one who believes that cause and effect (...) relations are felt and known in the mind of the perceiver alone; not in objects themselves. I then attempt to settle, at least partially, the ‘two definitions of cause dispute’ that was brought about by Hume’s giving us not one, but two non-equivalent and non-substitutable definitions of the cause and effect relation. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (...) (OADR) can maximize the growth of e-commerce. (shrink)

This paper inquires into how the new techniques of 14th-century physics, especially the doctrines of the maxima and minima of powers and the latitudes of forms, were applied to the issue of propagation of light. The focus is on several Prague disputed questions, originating between 1377 and 1409, dealing with whether illumination has infinite or finite reach and whether illumination’s intensity remains constant (uniformis) or is rather uniformly decreasing (uniformiter difformis). These questions are contextualised through examination of Oxford, Paris, and (...) Prague sources of the era (John Dumbleton, John Buridan, Nicole Oresme, Albert of Saxony, Henry of Langenstein, John of Holland) to construct a fresh survey of late medieval theories of light. Along the way, the discovery of a hitherto unknown Prague disputation from the 1370s is announced, and new evidence for the dating and Central European dissemination of Jacobus de Sancto Martino’s De latitudinibus formarum and Nicole Oresme’s Questiones super Geometriam is uncovered. (shrink)

John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories (...) being compatible. The reason for this compatibility is that both theories are politicized—that is, they are constructed to attract the compliance of all reasonable members of a modern, pluralistic society. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of (...) two recent cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

This paper argues that the ‘scientific dispute’ between Hermann Cohen and Rudolf Stammler is symptomatic of a philosophical movement of left-wing Kant interpretations at the turn of the twentieth century. By outlining influential predecessors that shaped Cohen’s and Stammler’s thinking, I show that their Kantian justifications of socialism differ regarding their conception of law, history, and the political implications that follow from their practical philosophies. Against scholars who suggest that the Marburg School’s view on socialism was a coherent school (...) of thought, I introduce the concept of ‘left-Kantianism’ as an open term that includes a wide variety of novel socialist approaches to Kant at the time. (shrink)

The development of symbolic logic is often presented in terms of a cumulative story of consecutive innovations that led to what is known as modern logic. This narrative hides the difficulties that this new logic faced at first, which shaped its history. Indeed, negative reactions to the emergence of the new logic in the second half of the nineteenth century were numerous and we study here one case, namely logic at Oxford, where one finds Lewis Carroll, a mathematical teacher who (...) promoted symbolic logic, and John Cook Wilson, the Wykeham Professor of Logic who notoriously opposed it. An analysis of their disputes on the topic of logical symbolism shows that their opposition was not as sharp as it might look at first, as Cook Wilson was not so much opposed to the « symbolic » character of logic, but the intrusion of mathematics and what he perceived to be the futility of some of its problems, for logicians and philosophers alike. (shrink)