This study offers a focused examination on Xinfang system, China’s unique mechanism particularly on its ability and efficacy in mediating land disputes between farmers and governmental bodies for social governance purposes. Based on interviews with 10 farmers, the study elucidates the system has low entry barriers and user-friendly, thus fast becoming the preferred system option when dealing with land conflicts. Xinfang facilitates direct communication between farmers and government officials, thereby in line with the sociocultural conventions of the rural populace. The study also highlights several constraints. While the Xinfang system employs a multifaceted approach to conflict resolution, including negotiation and grassroots governmental intervention, it lacks legislative power and institutional authority that are required for effective management of more complex or multi-stakeholder land disputes. The study advocates for a comprehensive reassessment and subsequent reform of the Xinfang system, focusing particularly on its mechanisms and procedures for dispute resolution. Such reforms are not merely instrumental for the more robust safeguarding of farmers’ land rights, but also for enhancing the overall integrity and public trust in China’s legal and administrative frameworks.
The article examines the role of electronic arbitration in settling commercial disputes. The article relies on the analytical approach to study legal texts and the comparative approach to examine the rules of international law and national laws in the field of electronic arbitration. In addition, the article discusses the concept of electronic arbitration and its distinction from traditional forms of arbitration. The article also explains the legal provisions related to it, especially those related to electronic arbitration agreements. Finally, the article explains the challenges related to its implementation how to take advantage of its benefits.
With the rapid development of global e-commerce, cross-border e-commerce has become an important force in promoting international trade and economic globalization. Due to the rapid development of cross-border e-commerce, the number of online disputes is gradually increasing. These disputes demonstrate their complexity and diversity in terms of legal application, evidence acquisition, and enforcement. Tmall Global is a cross-border e-commerce platform under the Chinese e-commerce giant Alibaba Group. This study takes Tmall Global as an example to analyze the characteristics of disputes on this platform and explore the current situation of online disputes in cross-border e-commerce. Drawing on the experience of online dispute resolution in the European Union, ASEAN, and other regions, this article proposes a series of suggestions to improve China’s cross-border e-commerce online dispute resolution mechanism, including enhancing the platform’s own dispute resolution capabilities, strengthening international cooperation and artificial intelligence, optimizing dispute resolution processes using large data and cloud computing, strengthening consumer rights protection, and optimizing legal and regulatory frameworks. The aim is to provide an effective dispute resolution mechanism for China’s cross-border e-commerce platforms and provide useful reference for other countries.
This research endeavors to assess the legal requirements for the operation of mediation and conciliation centers in the UAE based on Federal Law No. 17 of 2016 and its amendment in 2021 No. 5. It is structured into three main sections: the first establishes and defines these centers, the second defines conciliation procedures and the third considers the preceding. The aim is to identify the legal procedures associated with mediation and conciliation centers within the UAE judicial systems and their function in providing solutions for civil and business litigations with the most efficiency and minor financial investments. It also calls for using other forms of conflict adjudication before adopting the legal approach. The conclusions and recommendations indicate the necessity of further improving the Mediation and Conciliation Centers Law due to the necessity of legislative shifts, which would contribute to the UAE’s leading position in legislation related to centers for mediation and conciliation.
Most airport development projects entail disputes due to the features that are distinctive and complicated. Disputes can be minimized through creative problem-solving by implementing knowledge management practices into the system. This study investigates the direct influence of knowledge management (KM) on dispute minimization (DM) along with the key factors for developing a strategy that can enhance KM success. A mixed method was adopted including statistical data analysis based on the PLS-SEM and descriptive analysis with the SECI (Socialization, Externalization, Combination, Internalization) model approach for strategy development. These findings show that KM has a positive and significant direct influence on DM, while the factors that are considered to have a significant influence on KM success are human resources management (HR) and learning & training (LT) on airport development projects in state-owned airport companies. This research supports the importance of a well-developed HR system accompanied by regular LT to all members of the organization to optimize and encourage the spread of knowledge in the organization.
While the International Civil Aviation Organization (ICAO) Council is sometimes criticized for the potential influence of political agendas on its decisions, while the International Court of Justice (ICJ) is criticized for its limited jurisdiction and dependence on the party’s willingness to accept the ICJ’s jurisdiction, a crucial concern is raised over the efficiency of the current Dispute Resolution Mechanisms (DRM) for aviation industry related disputes. Unravelling the compelling inquiry that hangs in the air: Just how efficient is the current aviation arbitration legal system? Is the efficiency of this system available to ad hoc arbitration1 or arbitral tribunals2? The authors aim to analyze the existing legal guidance to navigate the complex arbitration system. This article sheds light on precedent cases by the ICAO Council and the ICJ studying challenges, such as the lack of efficiency of the ICAO Council and the criticism of the Council’s ineffectiveness for being hampered by the political interests of Member States. As well as the ICJ as it may be a more powerful authority in resolving such disputes, it also faces multiple challenges including the lack of enforcement, jurisdiction issues, and political influence, which in return makes it unlikely for dispute parties to seek the ICAO or the ICJ for resolution of their disputes, instead parties have now mostly adopted arbitration clauses as their primary dispute resolution method under Air Services Agreements (ASAs) and other aviation related agreements. While ad hoc arbitration has shown effectiveness and success, its secrecy and confidentiality might result in inconsistency and the inability to develop a case law system. The authors note the urgent need for an arbitration institution3 under the United Nations (UN) umbrella specialized in air law and aviation technology disputes, with the power to issue an enforceable, legally binding ruling. The article also examines the realm of arbitration in the aerospace industry, analyzing legal resources, current aviation arbitration systems, centres, and platforms, and further analyzing case studies to assess the results of the efficiency of each Dispute Resolution Mechanism.
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