Satisfactory Settlement Research Articles

Has the appellate body erred? An appraisal and criticism of the ruling in the WTO Hormones case

In the Hormones case the Appellate Body has sharply criticized the legal analysis of the lower panels, upholding seven findings, reversing six and modifying four. This article looks critically at the Appellate Body's interpretation of certain issues and concludes that its ruling contains a number of legal weaknesses. Not only does the Appellate Body creatively interpret the law without giving a clear reasoning for such interpretation (burden of proof), but also leaves certain issues undecided (the relationship between general and specific obligations of the SPS Agreement as well as the relationship between the GATT 1994 and the SPS Agreement). With its broad interpretation of risk assessment and its insistence on the notion of judicial economy, the Appellate Body fails to serve its fundamental role in assisting the DSB to achieve a satisfactory settlement of the matter.

Divorce Mediation: Promises, Criticisms, Achievements, and Current Challenges

This review article focuses on the claims made by the proponents of divorce mediation regarding the efficiency, accessibility, relevance and self-empowering potential of this dispute-resolution technique in comparison to litigation. The review also considers criticisms that have been leveled at divorce mediation: that efficiency is purchased at the price of fairness; that accessibility comes at the expense of quality; that personal relevance implies poor outcomes for the weaker spouse; that pursuit of self-empowerment detracts from the primary goal of achieving a satisfactory and durable settlement. Based on existing empirical research on the outcomes of mediation, it is concluded that this approach is superior to litigation. Current challenges to mediation are identified and discussed.

Monetary integration between the Israeli, Jordanian and Palestinian economies

Monetary Integration between the Israeli, Jordanian and Palestinian Economies. —The peace process between Israel and the Palestinians raises some interesting economic questions concerning integration between the West Bank, Gaza and Israel. Past and current arrangements between Israel, the occupied territories and Jordan are described, especially the flows of goods and labour. The authors’ findings indicate that Israel, the West Bank and Gaza were closely integrated, whereas economic integration between the occupied territories and Jordan was much weaker. Based on these circumstances of the past, the (imposed) monetary union between Israel and the Palestinian economy was warranted. However, optimal monetary arrangements in the future will depend on the extent of changes in real flows and on a satisfactory settlement of the seigniorage issue.

The Judgment Policies of Negotiators and the Structure of Negotiation Problems

The structure of negotiation problems refers to characteristics of their feasible settlement spaces and efficient frontiers. These characteristics are determined by the joint distribution of negotiators' utilities across possible settlements. Variations in negotiators' judgment policies (i.e., how they judge the utility of potential settlements) may result in distinctly different negotiation problem structures. Depending on the structure of the negotiation problem, settlements that are efficient, maximize joint utility, and minimize inequality are sometimes possible, sometimes not. When such settlements are possible, different strategies may be necessary, to reach them. They sometimes can be reached only by a “compromise” strategy in which the disputants split their differences on each issue, sometimes only by a “horsetrading” strategy involving trade-offs among extreme values on issues, sometimes by either, and sometimes by neither strategy. Settlements on the efficient frontier that yield equal utility to both negotiators will sometimes leave both relatively well satisfied, sometimes not. When equal-valued settlements yield low levels of utility, negotiators are likely to feel dissatisfied and may presume that the other negotiator must be comparatively better satisfied. Even seemingly simple negotiation problems often pose a high degree of cognitive complexity. In the face of uncertainty about the nature of the problem structure, negotiators may resort to simple bargaining tactics (e.g., incrementally offering concessions on the issue for which the marginal rate of loss of utility is least). For many commonly encountered problem structures, such tactics lead toward satisfactory settlements, but not always. Analyses of the judgment policies of negotiators and resultant negotiation problem structures will contribute to better understanding of negotiation processes and help to inform the design of negotiation support systems.

The evolution of policy arguments in teachers' negotiations

Argument is a critical component in policy deliberations. In this study, negotiation is viewed as a type of policy deliberation, one characterized by attack and defense of proposals, interdependence between disputants, and mixed motives of cooperation and competition. Argument in negotiation, then, functions as a reason-giving activity to enact policy. Employing a category system based on rhetorical stasis, the researchers examine whether bargainers specialize in their use of argument types and whether this specialization remains consistent throughout a teacher-school board negotiation and whether it differs for the type of settlement of agenda items. Results of the study suggest that bargainers specialize in argument types at different times during the bargaining. In the early stages of negotiation, teachers center on harm and workability arguments to prepare their case and justify the merits of their proposals, but in the latter phases of bargaining they switch to arguments on implementation to reaffirm their demands and to prioritize issues. Board members, in the early stages, rely on disadvantage, workability, and implementation arguments to establish resistance points and to refute appeals for change, but in the latter stages of negotiation they employ harm-inherency and disadvantage arguments to weigh the costs of concessions and to rationalize the settlement. This study, then, supports the existence of phase variation in bargaining and argues for a developmental approach in deciphering how negotiators who hold antithetical positions reach mutually satisfactory settlements.

The essentials of win--win negotiation for the clinical nurse specialist.

Clinical nurse specialists (CNSs) must negotiate conflicts daily as they come in contact with patients, families, and other professionals. To be a successful negotiator, the CNS must understand the process of reaching a satisfactory settlement of differences in a conflict situation. The process involves identifying the problem, collecting facts and analyzing the situation, deciding on goals, and identifying tactics. The use of role play, third party advice, and influence, as well as negotiation strategies is discussed along with a relevant case presentation.

Sesmarias - uma dádiva do rei

In this dissertation I make a detailed study of the Brazilian agrarian issue in light of previous legislation i.e. the Sesmarias (Allotment) Law, as compared with our present agrarian reformation. The study reveals that the Sesmarias Law (redistribution of land to those who wanted to engage in agriculture) which was passed in Portugal in order to overcome the food shortage that resulted from the abandonment of agriculture in Brazil, was enforced inadequately. This law did not take the peculiarities of Brazil into account. In addition, the law was inappropriately applied when it was eventually used as a guarantee of conquered lands. The grant of Sesmarias was put into practice without adequate criteria since the Monarch used it to favor his political allies. Consequently, frequently allotters were not the people who actually occupied the land. Another problem was in the different interpretations of the measure "league" and was eventually responsible for the emergence of many unproductive large landed estates. The agrarian reformation has not been put in to practice, as it is dependent on an effective agrarian policy which will solve the problem of unproductive large landed estates in some regions and which will bring about a satisfactory settlement of the land in others. Such a policy will have to consider the geographical and human peculiarities of each regions so as to best comply with the social nature of properties.

Creating the Conditions for Israeli-Palestinian Negotiations

The article conceptualizes a prenegotiation process, designed to create the political and psychological conditions for beginning Israeli-Palestinian negotiations toward a mutually satisfactory settlement, conducive to stable peace and reconciliation. The goal is direct negotiation of a win-win formula for sharing the land, within a framework utilizing the legitimacy achieved by each side. To mobilize existing incentives for such negotiations (despite severe political and psychological constraints) requires steps that increase the sense of opportunity and decrease the sense of danger associated with negotiations. Such steps confront a dilemma, rooted in the conflict's special zero-sum character: Acceptance of the other party's identity and rights (which it needs to feel reassured) is profoundly threatening to each side's own identity and rights. To overcome the resulting barriers to negotiation, a process of successive approximations is outlined, which enables each party to offer the other sufficient reassurance to begin communication without thereby threatening its own vital interests.

The Middle East Problem

The Security Council resolution of November 22, 1967, seems to provide for a satisfactory solution of the Middle East controversy, and it is difficult to see how there can be a satisfactory settlement except on the basis of the principles on which that resolution is based. The preamble of that resolution states three fundamental principles.

The Disintegration of the Austrian Empire

Half a century after the overthrow of one of Europe's oldest dynasties, the historic role and the achievements of its multinational empire are once again debated by historians everywhere. It is as if the experience of the second world war and our inability to conclude it with a more satisfactory settlement than the previous one were making us reconsider and question the assumptions and policies of the peacemakers of 1919. This renewed interest can be seen in the West, as for example in the United States, where the renascence of 'Habsburg Studies' leads to rather favourable reappraisals, while British historians still incline to the traditional anti-Austrian line. But more significantly still, the same process of historic revision is at work in the succession states, where it is becoming increasingly common to conduct rational debates free of cliches and emotive language. The explanation for this phenomenon is not merely the nostalgia felt by immigrants from Central Europe and their descendants, nor is it the relief felt by intellectuals cautiously moving out of the Stalinist strait-jacket. It is more likely perplexity at the nature of a region which since the end of the Austro-Hungarian regime has defied all efforts to renew its former pattern and has refused to be federated or absorbed whether in a western framework of treaties and alliances as after I918, under German leadership as in the thirties, or by Nazi or Soviet force as in the forties and fifties; and it does not appear that communism has provided a unifying drive in our time. Central Europe is simply not ready for unity. Like the pre-war Little and Balkan Ententes, which were purely diplomatic constructions and never engaged popular sympathy, so the war-time plans for federating parts or even the whole of the region, which were the work of exiled Czech, Polish, and Balkan leaders, remained academic exercises which their peoples were un-

Methods and Procedures for Estimating Fair-Market Value Of Petroleum Properties

Abstract Fair-market value has come to have two meanings: one the legal term, and the other the economic or business term. Some authorities contend that fair-market value is exclusively a legal term. However, the terms has been adopted by petroleum economists and valuation engineers, and to them it means market value, trading value, or reasonable market price. While fair-market value or reasonable market price can never be a precise number it can be approximated within rather close limits. It is axiomatic that the market value of a property should be something less than the future net revenue, since the market value of production to be recovered some years hence has a lesser value than production recoverable in the immediate future. Before an exchange of properties, assets, obligations, or money can be effected, the appraisal engineer, the purchaser and the seller must reach substantial agreement as to the purchase price. The next step is that of compromise. To consummate a deal one party or the other may be required to assume a business risk of greater or lesser extent. Factors other than those that can be measured mathematically now come into play. Unnamed plus or minus considerations may exert more influence on the final price than strict adherence to mathematical formulas. Introduction A great deal of controversy, disagreement and debate surrounds the question of fair-market value. In some measure the trouble stems from an attempt to reconcile two different concepts: one the legal, and the other the economic or business concept. These approaches to value may vary considerably. Some authorities contend that fair-market value is exclusively a legal term, that its origin is in the law and there is its field. However, the term has been adopted by petroleum economists, bankers and valuation engineers, and to them it means market value, trading value, or reasonable market price. To clarify the issue these two concepts could be designated as fair-market value subscript L, meaning the legal term, and fair-market value subscript E, the engineering or economic term. Quoting from Montgomery's Federal Taxes : "The term ‘fair-market value’ has generally been defined by the courts as the price at which a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, both having reasonable knowledge of all the material circumstances, will trade.... It has been facetiously suggested that the satisfactory settlement of a valuation dispute is marked primarily by equal dissatisfaction of both parties."While market value or reasonable market price of an oil-producing property can never be a precise number, it can be approximated within rather close limits by use of the engineering appraisal method. The Internal Revenue Service refers to this procedure as the "analytical appraisal by the present worth method."Methods of determining fair-market value of mineral properties, as listed by the IRS are as follows: actual bona fide sale price; a bona fide offer to purchase; a bona fide offer of sale; the sale price of similar properties, similarly situated; market values of stock when same fairly and clearly represents the value of the property; royalties or rentals paid or received; analytical appraisals by the present-worth method; and valuations for purposes of state and local taxation and appraisals for court proceedings. Although the analytical appraisal by the present-worth method is far down on the list, it is generally given preferential consideration owing to the absence of most of the other factors in any particular case. Future Net Revenue The first step is to determine future net revenue. If the pertinent facts in regard to rates of production, reserves, income and costs are available, the determination of future net revenue is a relatively simple procedure, There is no good reason why estimates, made by equally qualified engineers in full possession of the facts, should differ materially. Material differences in estimates are due to lack of information, lack of experience and ability, carelessness, or bias. JPT P. 481ˆ

Japan's "Special Interests" and the Washington Conference

THE Washington Conference, opening its sessions on November 12, I92I, was America's answer, with British prodding, to the necessity of an understanding on naval armaments, but the conference inevitably extended to problems of the Pacific and the Far East. The major achievements at Washington were a far-reaching agreement on naval limitation, the Four-Power Treaty which replaced the Anglo-Japanese Alliance, the Nine-Power Treaty for the preservation of China's integrity, satisfactory settlement of the Yap Island controversy and the Shantung problem, and Japan's public pledge to withdraw from Siberia. This conference, the greatest diplomatic gathering ever held in the United States to that date, created a order of sea power in the Pacific and inaugurated the Shidehara period, a happy decade of peaceful adjustment between the United States and Japan. Notable as the accomplishments of the Washington Conference were, it failed to reconcile, or even thoroughly to probe, the basic clash between the Open Door and Japan's claim to special interests in China. T'he United States had expected to make it an occasion for reasserting and reinvigorating its traditional Far Eastern policy, which had been compromised by the LansingIshii Agreement during the First World War. (In this notoriously ambiguous document the United States had recognized Japan's special interests in China.) Japan was determined to obtain, in a multilateral treaty, another recognition of these interests and to reserve her freedom of action in Manchuria. In 1921, a year of war scare on both sides of the Pacific, peace called for compromise. Research into the Japanese archives, documents now available to the historian as the result of Japan's defeat in the Pacific War, clarifies the nature of this compromise and suggests a new interpretation of the NinePower Treaty. In considering Japan's stand at the Washington Conference, it is important to bear in mind always that Japan colored her interpretation of the Open Door by the light of the Rising Sun, that is, through the prisms of Nippon's economic existence and national defense. Although the Takashi Hara cabinet (i9i8-i921) had pronounced the nonintervention principle regarding

The Economic Rehabilitation of the Samurai in the Early Meiji Period

The Meiji Restoration of 1868, unquestionably the most important event in modern Japanese history, brought in its wake social and economic changes of a revolutionary nature. With the overthrow of the Tokugawa bakufu, the subsequent abolition of the han system, the equalization of classes, and the establishment of a conscript army, the need for a hereditary military class ceased to exist. Certainly, the presence of a samurai class, numbering approximately 1,800,000, or 400,000 families, stranded in a society in process of divesting itself of all feudal fetters, constituted an acute problem. The continued existence of this vast army of unemployed retainers could have easily hamstrung all efforts to modernize. And it is hardly surprising that the new Meiji leaders realized at the inception of the new regime that if the work of the Restoration was to be completed successfully, it was necessary to work out a satisfactory settlement for the samurai class.

Recent Developments in Disarmament

eminent American diplomat, Mr. Hugh Gibson, once referred to disarmament as being bogged in the soils of human nature that it is folly to expect a quick and simple solution. This may be an overly pessimistic view but it would certainly appear to be borne out by our experience at the United Nations. For while disarmament has been one of the main preoccupations of the world organization since its foundation, we must face the fact that today after ten years of almost continuous negotiation, we still seem to be a long way from achieving our goal. Everyone agrees in principle that something must be done to remove the threat of a war and to lighten the crushing burden of armaments, but so far no one has been able to devise an adequately safeguarded and practical programme which all the major states are prepared to accept. Nevertheless we cannot abandon these efforts to achieve disarmament. We must realize that there is an ever increasing element of urgency in this matter. As the stock of nuclear material increases and becomes more widely distributed, the possibility of devising an effective method of control becomes more remote and the prospects of a satisfactory settlement are increasingly impaired through the mere passage of time. This is a sobering thought which should induce us in all earnestness to do all we can to promote agreement as soon as possible. At the Ninth Session of the General Assembly in 1954, it seemed for a time that we might at last be on the road towards an agreement acceptable both to the Soviet Union and the major Western powers. The leader of the Soviet Delegation, the late Andrei Vishinsky, had announced his Government's acceptance of the Anglo-French proposals of June 11, 1954, as the basis for an international disarmament convention. A resolution embodying this measure of agreement and suggesting resumed meetings of the Sub-Committee of the Disarmament Commission was introduced by the Canadian Delegation, co-sponsored by the Delega-

Tripartite Commission on German Debts

Following extensive discussions in London during July of 1951, the Tripartite Commission on German Debts, whose members were Sir G. Rendel (United Kingdom), F. D. Gregh (France) and W. L. Pierson (United States), met again in London on November 26, 1951, with the delegation of the German Federal Republic, headed by H. J. Abs. The meeting was held to discuss the question of the settlement of Germany's debt in respect of postwar economic assistance received from the governments of the United Kingdom, France and the United States and, in addition, to discuss matters relating to the preparation for the international conference on prewar German debts which was to be held in London early in 1952 with the representatives of creditors from all countries having a significant interest in the matter. At the beginning of the meetings the German delegation was informed of the details of the tripartite postwar claims, the totals of which were as follows: United Kingdom, £201,000,000; France, $15,700,000; and United States, about $3,200,000,000. The priority of these postwar economic assistance claims over all other claims had been recognized in an exchange of notes of March 6, 1951, between the Allied High Commission and the government of the Federal Republic. The three governments had already made it clear, however, that they would be prepared to modify that priority in order to make possible a comprehensive and equitable settlement of the remainder of Germany's external debt. They expressed a willingness to make important concessions, both in respect to priority and the total amounts of their claims, on the clear understanding that the concessions were conditional on the achievement of a satisfactory and equitable settlement of Germany's prewar debts.

The New Saarland

T I XHE six years since cessation of hostilities in Europe have brought to the fore, among many other complex and critical questions, the longunsolved puzzle of the Saarland. Although overshadowed by the larger problems of East-West relations and a satisfactory settlement with Germany, the Saar question deserves a thorough re-examination, both in its own right and as an aspect of the German problem. The nature of the long conflict between France and Germany over the strategic and valuable little territory coupled with events of the postwar years indicates that solution will be difficult. Furthermore, even a quasi-permanent settlement of the Saar question, as in the case of other small contested areas, is somewhat contingent on the outcome of the current not-so-cold cold war: the problem cannot be considered an isolated one, to be solved on its own merits, however desirable that might be. On January I, I95i, it was announced that the Saarland, already in economic union with France, had achieved de facto political autonomy within frontiers established between I946 and I949. However, the French, British, United States, and Saar governments have agreed that the present status is only tentative, to be confirmed, modified, or canceled in the treaty with Germany. At the time of this writing there is evidence that the defacto status will, with some modifications, be made de jure. In view of the recent appearance of a Saar state on the map of Europe and the possibility that it will remain for some time, it seems appropriate to examine some of the political-geographical factors in the establishment of the new polity.

Survey of Consumer Buying Intent

I SUSPECT that, in the beginning, we were sure that the war was going to be but an interlude; that afterwards there would be only the usual economic adjustments; and that the old civilization would draw together again. It is now evident, however, that this war, like wars generally, will terminate with very unequal expansion in different parts of the economy, and with very uneven shifts in all walks of our endeavor. There are many problems which our economy will face with war's end: reemployment of displaced workers; adjustments in shifted populations; reconversion of plants to peace-time production; the disposition of war plants; the orderly marketing of surplus government supplies; satisfactory settlement of cancelled war contracts; the utilization of natural resources to best advantage; stable international exchange rates; and the avoidance of both postwar economic slumps and of inflationary spirals. And we should know by this time, that in the postwar period we shall face enormous public debts, the growth of Statism, the concentration of power, and more and more Government touching more and more phases of our lives. In addition, we shall face problems involving food, clothing, shelter, wages and salaries, goods and services-all material, but necessary aspects of the world of industry and commerce. We of the National Chamber are trying to face these problems realistically. We are aware that all our efforts at weighing postwar values may fall far short of the mark. But we believe that we

Types of Crustacean Blood Coagulation

Having been engaged at intervals during the last few years in studying from a physiological point of view the coagulation of crustacean blood—Tait (08), (10, A and B), (11)—and finding more variation in this regard in different Crustacea than has hitherto been recognized, it suggested itself to me to inquire if the observed differences are correlated with any special physiological peculiarities, and, further, if they depend in marked degree on phylogenetic relationship. It is not a simple matter to settle either of these questions, and I make no pretence to have done so. At the same time, I have thought it worth while to put my observations on record, in the hope that the matter may thus sooner arrive at a satisfactory settlement.

MANAGEMENT OF PREGNANCY, COMPLICATED BY ABDOMINAL TUMORS.

The subject of abdominal and pelvic tumors, associated with pregnancy, including as it must malignant growths, being so large a subject, I will confine myself entirely to the discussion of the management of ovarian and uterine tumors complicating pregnancy. One of the gravest problems ever presented to a physician is the satisfactory settlement of this question. We not only have the interests of the mother to conserve, but the interests of one that is wholly unable to protect itself. On the satisfactory settlement of this question much depends, not only to the patient and her friends, but to the good name of the physician in charge and, indirectly, to that of the whole profession. While these cases are not common, they occur frequently enough to make this subject one of exceeding interest to every man engaged in the special work of this Section. I think I voice the sentiments of