Resolution Mechanism Research Articles

Mining Conflict and Sustainable Development: A Review of Case Studies and Theoretical Framework

Mining has significant impacts on the environment and communities. Conflicts often arise between mining companies, governments and local communities over issues such as evictions, environmental damage and pollution. These conflicts can hinder sustainable development efforts. This research aims to review the literature on mining conflicts and sustainable development. This research uses the literature review method. The literature reviewed includes scientific articles, books, and research reports. The results of this study conclude that mining conflicts can hinder sustainable development by causing social instability, environmental damage and investment barriers. To address these conflicts, we recommend an approach that involves all stakeholders, emphasises good governance, responsible environmental management, empowerment of local communities, and effective dispute resolution mechanisms

Whispers of Wisdom: Exploring the Essence of Partandaan in the Suluk Indigenous Mediation

The Orang Suluk, who call themselves Tausug, have a deep history in the sea areas and are known for their strong cultural and political independence. Residing in the Sulu Archipelago and the northeastern coast of Borneo, they identify themselves by names such as Suluk, Anak Negeri, coastal people, sea people, indigenous maritime group, and Orang Asal Pesisir. Symbols are a part of the Suluk Indigenous Mediation (SIM) approach, which is still practiced on the east coast of Sabah, Malaysia. The techniques mentioned are organic to the Adat (customs) of the Suluk passed down from their forefathers. This study discusses the essence of partandaan (symbols) found in SIM practices of the Suluk mediators in the said geographical area. Five expert informants in Semporna, Lahad Datu, and Sandakan shared their wisdom, experience, and interpretation of the SIM during the in-depth interviews as empirical data. The researchers also did library work to collect secondary data. Employing Hewitt’s Symbolic Interactionism (2002), findings revealed that objects, social acts, and language carry symbols that are meaningful to the life of the Suluk. They influence the thinking of the Tausug, maintain the balance and harmony of their day-to-day life, and crystalize the vision of peace, understanding, and forgiveness. Indeed, symbols are fruitful tools for successful culturally and religiously sensitive mediation. The study highlights the significance of symbols in Suluk Indigenous Mediation, suggesting further exploration of cultural variations and the potential integration of symbolic elements into conflict resolution mechanisms.

The role and significance of International Commercial Arbitration in investment disputes

International commercial arbitration (ICA) is an important dispute resolution mechanism in the field of international trade and investment. In the conditions of constant globalization and the growing integration of the world economy, there is a need to effectively resolve conflicts arising in the sphere of commerce and investment relations. In recent decades, there has been a significant increase in investment disputes related to various aspects of business, from contractual obligations to the protection of foreign investments.
 Consideration of investment disputes in the ICA involves the use of the principles of the autonomy of the will of the parties, confidentiality, and finality of decisions, which makes this mechanism particularly attractive for businesses and investors. Scientific research in this area is of great importance for understanding the effectiveness and prospects of the development of the ICA as a tool for resolving investment disputes.
 In this context, the analysis of the role and significance of the ICA in investment disputes is of great practical and scientific importance. This article aims to consider the main aspects of International Commercial Arbitration in the context of solving investment conflicts, in particular, to analyze the principles and procedures, consider cases of successful use of the ICA, as well as determine the advantages of this mechanism compared to ordinary court procedures.
 This article analyzes the role and significance of International Commercial Arbitration in the context of investment dispute resolution. Important principles and procedures of the ICA that ensure effective and fair resolution of conflicts between business and investors are emphasized. An analysis of the advantages of the ICA compared to traditional court procedures is carried out, in particular its contribution to the investment climate and investor confidence. Based on the analysis of examples of successful dispute resolution through the ICA, recommendations are provided for the parties in resolving investment conflicts. This article has implications for practitioners, academic researchers, and anyone interested in international trade and investment.

The Impact of Insolvency and Bankruptcy Code 2016: A Comprehensive Study

Insolvency and bankruptcy have emerged as significant concerns in the global economy, impacting firms, economies, and individuals alike. Economic volatility, high corporate debt levels, industry disruptions, and inadequate financial management contribute to the escalation of insolvency risks. The COVID-19 epidemic has made these difficulties worse., leading to a surge in bankruptcy filings worldwide. In response to the need for efficient resolution mechanisms, India introduced Insolvency and Bankruptcy Code, 2016 (IBC), introduced for streamlining insolvency proceedings and protecting stakeholders' interests. While the IBC has achieved notable successes in resolving cases, challenges still must be addressed, including declining recovery rates and prolonged resolution times.

Implikasi Penerapan Hukum Pidana Adat dalam Pasal 2 KUHP terhadap Asas Legalitas dalam Sistem Hukum Pidana Indonesia

This research discusses customary criminal law in Article 2 of Indonesia's new Criminal Code (KUHP), which reflects the country's social and cultural diversity. Customary criminal law, with its unique characteristics rooted in the values and social norms of indigenous communities, offers a different approach to conflict resolution compared to formal criminal law. It enriches the criminal justice system with aspects of restorative justice and creates space for the recognition of living law within society. However, this integration poses challenges, particularly regarding legal certainty and the principle of legality, considering that customary criminal law is often unwritten and variable. The method used is normative, involving legal research conducted through the study of literature or secondary data. The research is descriptive-analytical, focusing on the existence of customary law within national criminal law. Using a qualitative juridical approach, the analysis is based on legal principles and norms, studying legislation, literature, and scholarly writings. This study shows that the recognition of customary criminal law in Article 2 of the new Criminal Code presents challenges and opportunities for Indonesia's criminal justice system. This integration supports restorative justice and reflects the country's cultural diversity, but it also requires careful handling of legal certainty and the principle of legality. The need for clear conflict resolution mechanisms and additional regulations is crucial to maintaining a balance between customary legal traditions and the requirements of modern criminal law.

Enhancing Decision Quality in Multi-Criteria Decision Making through CISDAC-WSM Algorithm

This paper introduces CISDAC-WSM, an innovative extension of the Weighted Sum Method (WSM) within the Multi-Criteria Decision Making (MCDM) framework. CISDAC-WSM integrates principles from Principal Component Analysis (PCA) to enhance decision outcomes by identifying the Most Significant Discriminating Axes. The algorithm operates under the assumption that alternative rankings should exhibit a monotonic trend in the scores of the Most Significant Discriminating Axes. In addition to leveraging PCA, CISDAC-WSM introduces an interval-based conflict resolution mechanism for alternatives with similar rankings. Unlike traditional outranking algorithms like PROMETHEE, CISDAC-WSM focuses on comparing each alternative only with those ranked superior, resulting in more targeted evaluations. Empirical comparisons and performance evaluations demonstrate that CISDAC-WSM consistently outperforms existing MCDM algorithms. Through its emphasis on identifying the Most Significant Discriminating Axes and the innovative conflict resolution strategy, the algorithm showcases enhanced decision-making capabilities and efficiency. While CISDAC-WSM is an extension rather than an entirely new algorithm, its contributions lie in refining established methods, incorporating PCA insights, and offering a more localized approach to outranking. This makes it a promising advancement in the field of MCDM, presenting a refined and innovative technique for achieving more informed and effective decision outcomes across various domains.

Access to justice and multinational corporations: promoting privately driven transnational hybrid adjudication

Abstract This chapter focuses on the delivery of justice to victims of corporate conduct through privately driven transnational hybrid dispute resolution mechanisms. The advent of such mechanisms is now evident through the creation of Meta’s Oversight Board (‘OSB’). How to incorporate such privately driven justice mechanisms in more conventional forms of legal ordering is an important question constituting the central inquiry of this reflection. Via the example of the OSB, this chapter highlights how some content moderation disputes between Meta, one of the most powerful technology companies today, and its users is being resolved using innovative private adjudicative mechanisms. It is then argued that forums like the OSB should be deferred to. But only if the quality of justice provided is consistent with international standards. Where those standards are met, the broad circulation of decisions made by privately driven adjudicative mechanisms should be promoted. This requires proactive, outcome driven, and coordinated international institutional action.

Critical analysis of the new Chinese foreign investment law in the prism of China-EU CAI and China-US bit negotiations

The Chinese foreign direct investment legal system prior to 2019 evolved constantly, although it failed to satisfactorily address the main issues for foreign direct investments. The new Chinese Foreign Investment Law of 2019 and its Implementing Rule made a landmark improvement to the legal system. This new reform went hand in hand with the China-EU Comprehensive Agreement on Investment (CAI) and China-US BIT and their negotiations. It played a preparative role for the progress made in these two influential investment agreements. It offered unprecedent solutions in areas such as the pre-establishment national treatment, prohibition of forced technology transfer and the enhanced foreign investment protection. Nonetheless, further reforms on SOEs are still needed. The ratification of the China-EU CAI and the reanimation of the China-US BIT, albeit unlikely to happen anytime soon, would still provide long-desired clarity to the dispute resolution mechanism, national security review system and forced technology transfer issue.

Influencing factors of inter-nursing lateral violence: A qualitative systematic review.

Lateral violence is a global social problem that has attracted considerable attention in the field of public health. This has seriously affected the quality of care, the safety of patients' lives and the career development of nurses. To systematically evaluate the factors influencing of nursing lateral violence and provide evidence for preventing and reducing inter-nursing lateral violence. A systematic review of qualitative study was performed in accordance with the Enhancing Transparency in Reporting the Synthesis of Qualitative Research (ENTREQ) guidelines. We collected qualitative studies on the factors influencing of inter-nursing lateral violence by searching PubMed, EMbase, The Cochrane Library, Web of Science, CINAHL, Science Direct, WanFang Data, China National Knowledge Infrastructure (CNKI), Chinese Scientific Journal Database (VIP) and Chinese Biomedical Literature Database (CBM). Data from inception to September 2023. Literature screening and data extraction were independently conducted by two reviewers. The Critical Appraisal Skills Program (CASP) scale was employed to assess the quality of the studies, including objectives, methodologies, designs, results and contributions. A total of 25 studies involving 882 participants were included. The results of the thematic analysis indicated that inter-nursing lateral violence was influenced by hospital management, perpetrators, victims and sociodemographic factors. Inter-nursing lateral violence was influenced by multidimensional factors. To reduce the occurrence of horizontal violence among nurses, hospitals need to explore the establishment and improvement of a horizontal violence resolution mechanism, and schools should pay attention to the joint support and education of nursing students, create a good working environment and harmonious nursing culture, and promote mutual respect among nurses. This review emphasises the importance of the influencing factors of horizontal violence among nurses, analyses the importance of influencing factors from different perspectives, and proposes corresponding measures to reduce inter-nursing lateral violence. This study was mostly a literature review; neither patients nor pertinent staff were involved in either the design or conduct of the investigation.

SERVICE QUALITY AND CONSUMER PROTECTION LAWS IN THE PARKING INDUSTRY: AN IMPLICATIONS FOR CONSUMER SATISFACTION

The examination of consumer protection laws in the parking sector in Ambon constitutes the primary focus of this study, emphasizing the breaches in service quality that result in customer discontentment and unfavorable perceptions of service provision. Employing the SERVQUAL framework, the study delves into the identification of the five pivotal dimensions of service quality pivotal to customers, encompassing tangibles, reliability, responsiveness, assurance, and empathy. Employing a qualitative research methodology, the investigation scrutinizes both customer and parking attendant experiences, endeavoring to discern the underlying factors contributing to service quality transgressions within the industry. The research findings underscore the pressing necessity for enhanced implementation and enforcement of consumer protection regulations, alongside the establishment of efficient complaint resolution mechanisms to address customer grievances. Furthermore, the study elucidates various factors contributing to service quality violations, including deficient training protocols, absence of licensing requirements, and ineffective regulatory frameworks. It advocates for proactive measures by policymakers and employers to rectify these issues, emphasizing the imperative of adequately training, equipping, and licensing parking attendants to ensure the delivery of exemplary service standards to customers.

Academic citizenship as a mediating mechanism

Various skills necessary to conduct mediation—a popular alternative dispute resolution mechanism—from effective trust-building to active-listening can be extrapolated and applied to defining and manifesting good academic citizenship. This essay suggests that learning how to communicate better, by understanding the interest of others while advocating for our own, is an essential—and often lacking—skill for many academics. Not only is communication a sign of respect that we are willing to engage with one another, but perhaps more relevant to the issue of academic citizenship, effective communication entails empathy and kindness, which fosters the willingness for the other side to reciprocate. This feeling of mutual respect and reciprocity are key ingredients to engendering safety and a sense of belonging, which often produce successful outcomes in mediation. This essay, relying on personal narratives, submits that these elements are currently lacking across many pockets of academia, where various instances of failure to communicate have created a sense of distrust and unnecessary acrimony. Learning how to mediate could offer academics a path out of this conundrum, which could also contribute to strengthening our collective sense of academic citizenship.

Community radio and post-conflict peace building: A study of Orisun 89.5 FM in Ife–Modakeke, Osun State, Nigeria

In times of conflict or tragedy, radio is essential, especially in underdeveloped nations where the collapse of other communication infrastructure may make radio the sole dependable source of information. This study assessed the extent to which community radio has contributed to the peacebuilding efforts after the Ife–Modakeke conflict in Nigeria, by investigating to ascertain listeners’ perceptions and adoption of the alternative dispute resolution (ADR) mechanism in managing the conflict to avoid a violent escalation. The study applied in-depth interviews and collected data with questionnaires. The findings of the study suggested that the inhabitants of Ife and Modakeke listened intensely to and were aware of the conflict resolution programme on one of the popular radio stations, Orisun 89.5 FM. People also used and knew others, who used the radio programme ‘ADR mechanism’ on the radio to resolve the conflict and avoid violent escalation. Since it was the only peacebuilding programme, the study found that this radio programme was an effective peacebuilding tool in the Ife–Modakeke society. The study recommended that such a good effort should be broadcast more often for further heightened awareness of its diverse listeners.

Theoretical Connotation and Mechanism Construction of Digital Justice

With the development of artificial intelligence, the era of big data has come, and digital technology is changing the traditional way of life. The “online dispute resolution mechanism” based on the theory of “digital justice” has become a new type of dispute resolution that helps and promotes the realisation of justice. However, the theory of digital justice in the help of “close to justice” “to achieve justice” at the same time due to the rationality of the data computation there are also some shortcomings, in order to be more standardised and rational use of digital technology to achieve justice, the need for digital justice governance structure for the optimisation and construction.

The Impact of Implementing a Specific Time Work Agreement (PKWT) on the Performance of Contract Employees at PT Yachiyo Trimitra Indonesia

In Indonesia, matters related to how work is carried out always begin with an agreement between the employer and the recipient of the work through a written or verbal work agreement. An employment agreement is made to determine the boundaries between what are the rights and obligations of the employee and what are the rights and obligations of the employer (employer). Meanwhile, if in carrying out work that has been mutually agreed upon in a written agreement, one of the parties violates or behaves outside of what has been agreed upon and harms one of the parties or violates the provisions of the law, then the work agreement can be canceled and the rights and obligations of the parties must be resolved through a dispute resolution mechanism by referring to the applicable laws. Of course, the work agreement text that has been mutually agreed between the employer and the recipient of the work is also an important document for resolving disputes between the parties. Since the promulgation of Law Number 11 of 2020 concerning Job Creation, especially the regulations contained in Government Regulation Number 35 of 2021 concerning "Specified Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment Relations," there have been many changes in implementation. specific time work agreement (PKWT). This will of course affect the performance of workers whose work status is as PKWT workers. The impact that arises for PKWT workers on their work performance can be positive or negative. This change in the implementation of the PKWT is certainly a very important thing, because if it is not controlled properly it will result in an automatic change in the status of workers from having the status of a fixed-term work agreement to an indefinite-term work agreement, as well as the rights and obligations obtained by workers. will change.

THE ROLE OF TRANSPARENCY STANDARD: EFFECTIVITY IN PROVING THE BREACH OF FAIR AND EQUITABLE TREATMENT

The existence of agreements in foreign investment does not avoid disputes that occur in foreign investment agreements so there is a dispute resolution mechanism known as investor-state dispute settlement (ISDS). One of the claims often used as the basis for ISDS claims is the Fair and Equitable Treatment (FET) principle. In practice, investors often fail to prove violations due to lacking elements in their proof. The transparency standard is one of the elements that can support investors in proving the violations. In practice, transparency standards are rarely used to prove violations of the FET principle because there are still no clear parameters regarding implementing these standards and what kind of transparency standards can be said to violate the FET principle. The purpose of this study is to determine the role of transparency standards in their position as part of the FET principle and to determine the effectiveness of transparency standards in proving violations of FET in ISDS practices. The research method used in writing this thesis is to take a normative juridical approach by studying and examining secondary data in the form of international arbitration case jurisprudence, bilateral agreements, and international customs. The data is collected through literature studies obtained from primary and secondary data, which are then analyzed qualitatively. Based on the results of this study, it can be concluded that transparency standards have a protective role for investors and host states as an instrument to resolve legal uncertainty about existing decisions and policies and as a basis for analytical considerations to distinguish between legitimate regulatory actions and takeover actions that can indirectly violate the FET principle. Nonetheless, the Tribunal did not explicitly mention the transparency standard, but it was effectively used as a basis for arguments in evidence.

THE ROLE OF BUSINESS LAW IN IMPROVING CONSUMER PROTECTION IN THE DIGITAL AGE

Purpose: The purpose of this study is to identify and analyze the role of business law in improving consumer protection in the digital era. Theoretical reference: The development of digital technology has brought significant impacts in the business world, including in terms of interactions between businesses and consumers. The digital era has opened up new opportunities for businesses to sell products and services online, but it has also created new challenges in terms of consumer protection. Consumers often face risks such as fraud, privacy violations, or dissatisfaction with the products or services they purchase online. Therefore, it is important to examine the role of business law in enhancing consumer protection in the digital era. Method: This research uses a normative research method, while the data collection technique is carried out by literature study which involves searching and analyzing legal documents related to consumer protection in the digital era. Results and Conclusion: The results show that the role of business law in improving consumer protection in the digital era includes establishing and enforcing regulations that protect consumers, regulating the privacy and security of consumer data, ensuring transparency and clear information for consumers, establishing the responsibility of producers and sellers for the quality, safety, and reliability of products and services offered, providing effective dispute resolution mechanisms for consumers, and increasing consumer education and awareness, providing information about consumer rights, the risks of online transactions, and how to deal with problems in the digital environment. Implications of research: The data suggests advocating for tailored business laws to address digital-era consumer protection, privacy, and data security. It emphasizes the importance of legal compliance in digital operations to build consumer trust and mitigate legal risks. Additionally, the data highlights the need to prioritize initiatives aimed at educating consumers about their online rights, risks, and dispute resolution mechanisms, ultimately empowering them in the digital landscape. Originality/value: The data contributes to legal scholarship by addressing a critical gap through the exploration of how business law intersects with consumer protection in the digital age. It provides practical relevance by offering actionable insights for policymakers, businesses, and consumers to navigate the rapidly evolving legal and digital landscapes. Furthermore, it paves the way for future research by highlighting the need for further inquiry into the effectiveness of legal interventions and the evolution of consumer behaviors online.

Electronic dispute resolution in business: Opportunities for implementation in Kazakhstan

Relevance. The relevance of conducting a study on alternative dispute resolution between business entities stems from the fact that the current processes of digitalisation and globalisation have extended the opportunities for the introduction of innovative technologies in court proceedings. Purpose. Among the key tasks and objectives of the study was the analysis of the mechanism for implementing electronic dispute resolution in business activities, highlighting its characteristic features and the principles on which this activity is based. Methodology. The methods used in the present study are the theoretical-methodological approach, the functional methodological approach, the method of legal hermeneutics, the dogmatic methodological approach, the method of synthesis and others. Results. The study analysed the specifics of the implementation of mediation as an electronic dispute resolution method in business. International practices have been analysed and the advantages and disadvantages of implementing an electronic dispute resolution mechanism in the business sector have been highlighted and recommendations have been made to make the implementation of the mechanism in Kazakhstan more effective. To complete the analysis, statistical data were reviewed, based on dispute resolution by courts of general jurisdiction and the Specialised Inter-District Economic Court in comparison to the methods they use, and analysis was carried out on the use of mediation and settlement agreements, as well as through the use of online systems. Conclusions. A scientific study of electronic dispute resolution reveals that integrating innovative communication technologies into legal proceedings significantly enhances traditional dispute resolution methods. Electronic dispute resolution can address conflicts ranging from interpersonal disputes to state-level conflicts and is particularly beneficial for business disputes. The practical value of the findings is that the introduction of an effective e-justice mechanism will provide an opportunity to protect the rights of entrepreneurs and conduct this type of activity in the Republic of Kazakhstan. Keywords: protection of entrepreneurs; mediation; arbitration; foreign economic disputes; electronic justice; negotiations

The Role of Marketing in The Dynamics of Real Estate Leasing in Peru: Findings, Challenges and Solutions

Purpose: The main objective of this study is to quantify the impact of marketing strategies on real estate leasing in the Peruvian context. Theoretical framework: An exhaustive review of the academic literature was carried out to gain an in-depth knowledge of the existing paradigms related to real estate marketing and the leasing phenomenon. Design/Methodology/Approach: A quantitative, descriptive-explanatory methodology was chosen. A structured questionnaire was administered to a representative sample of 30 tenants. Results: The data collected evidenced a notable correlation between marketing tactics and lease rates, with a significant p-value (less than 0.05). Also, Spearman's Rho and Kendall's Tau_b correlation coefficients of 0.678 and 0.632, respectively, were found. It was observed that approximately half of the contracts analyzed are not duly registered with SUNARP, and there was a lack of detailed information on the tenant profile in about one third of the real estate developments. Practical and social implications: The lack of registration of contracts generates an environment of legal vulnerability, increasing the risk of legal conflicts between the parties involved. The absence of information on the tenant's profile may hinder the proper selection of tenants. Emphasis is placed on the proposal to establish effective conflict resolution mechanisms and on the imperative need for transparency in fee structures, seeking to strengthen the fiduciary relationship between landlords and tenants. Originality/value: This study provides an innovative view on the impact of marketing strategies in the Peruvian leasing sector. It provides empirical and quantitative evidence on current contractual practices and the presentation of properties in the market. It highlights the urgent need to refine current strategies to consolidate a transparent and reliable leasing market in Peru.

Kedudukan Peradilan Pajak dalam Sistem Peradilan di Indonesia

This paper was prepared against the background of the unclear position of the Tax Court in the judicial system in Indonesia. This research uses normative juridical methods supported by data collection techniques using literature studies intended to obtain secondary data. In conducting this research, the type of research used by the author is normative juridical, or also often referred to as normative legal research. The choice of this type of research is intended to obtain theoretical matters, principles, conceptions, legal doctrines, and legal methods related to the position of tax justice in the judicial system in Indonesia. The issues studied in this study are the position of the Tax Court in the judicial system in Indonesia, and whether the tax dispute resolution mechanism according to Law No. 14 of 2002 is in line with the principle of judicial power in Indonesia. This research uses.

The Nexus between Supplier Selection Practices and Procurement Function Performance: A Kenyan Public Universities Perspective

Purpose: This study aimed to unveil how supplier assessment and governance influenced procurement function performance.
 Methodology: The study employed a post-positivist research philosophy and a causal-comparative design. The study used multi-stage sampling to arrive at the sample of respondents of 93 procurement officers. Quantitative data was collected through self-designed structured questionnaires and analyzed using Statistical Packages for Social Sciences (SPSS version 27). Demographically, the study included predominantly experienced, educated male and female professionals.
 Findings: The findings of the study revealed that supplier selection significantly and positively impacted procurement function performance. Specifically, supplier assessment exhibited a noteworthy positive effect on procurement function performance (β = .517, p < .001), underlining the critical role of due diligence, evaluations, and appraisals among suppliers. Similarly, supplier governance demonstrated a substantial positive effect on procurement function performance (β = .310, p = .001), highlighting the significant roles of supplier selection transparency and conflict resolution mechanisms in procurement processes.
 Unique Contribution to Theory, Practice and Policy: This study unveiled how supplier assessment and governance influenced procurement function performance anchored in the Resource Dependence Theory (RDT), The study's results confirmed that robust supplier selection practices, grounded in supplier assessment and governance, significantly improved procurement function performance in Kenyan public universities. Strengthening supplier assessment protocols and governance mechanisms emerged as imperative for optimizing outcomes in procurement functions.