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Topic: Self determination

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In the News (Wed 19 Jun 19)

 Self-determination - Wikipedia, the free encyclopedia
The purpose of the self determination clause was to allow the former colonies that existed before World War II to have a say in their future.
However, some felt that after decolonization the right to self-determination should apply only to states and not to peoples, and to be circumscribed by the principles of territorial integrity and non-intervention.
Self-determination is a theoretical principle now embodied in international law that a people ought to be able to determine their own governmental forms and structures. /wiki/Self-determination   (984 words)

 Expert determination: when a court can intervene - UK Commercial Property Law Developments (
Even though the expert may have made an error in his determination, he had carried out his task correctly (the test laid down in Jones), and it would be wrong to interfere with a non-speaking determination by seeking to second-guess the reasons which had led to that determination.
As reported in the commercial property briefing in IHL 64, October 1998 ('Expert determination: court intervention', page 49), in National Grid a lease of an electricity substation provided that the rent at review was to be settled by an expert if the parties could not agree it.
This is inherent in the expert determination process, which generally leads to a quick and relatively inexpensive result. /devs/uk/cp/ukcp_092.htm   (768 words)

 A&L Goodbody Solicitors: Litigation and Dispute Resolution
Expert Determination is appropriate for disputes where the issue or dispute between the parties is one of quantum i.e., value, or an issue of a technical nature.
Expert Determination is a form of Alternative Dispute Resolution whereby the parties to a contract agree to be bound by the decision of an independent third party: “the Expert”.
Expert determination is most suitable where there is no conflict of factual evidence and where the issues fall within a specific sector of expertise and/or of law. /commerciallitigation/dispute_expert.asp   (1140 words)

 AAR: Publication: Focus: Construction
Expert determination and arbitration are both processes that depend on the parties' contract for their existence.
An expert determination can be described as a process where an independent expert decides an issue or issues between parties, in which the parties agree in their contract whether it will be binding.
the expert's expertise was not decisive of the characterisation of the role. /pubs/const/foconoct03.htm   (1113 words)

 Construction Dispute Resolution Consultants
Expert Determination is a means by which the parties to a contract jointly instruct a third party to decide an issue.
Expert Determination had its origin in non-contentious valuation: it is increasingly being used for technical as well as valuation issues, and for dispute resolution.
The important difference between Expert Determination and Arbitration lies in the Procedure and the absence of remedies for Procedure Rules mishaps in Expert Determination. /TorrForensic/expert_determination.htm   (290 words)

 Current Protocols in Toxicology
CO determination can be used to study HO activity in all types of tissue at various stages of tissue fractionation and in tissue slices.
Several methods for the determination of HO activity in animal tissues have been described.
Further, because CO is the only gas generated, in equimolar quantities, from the degradation of heme to biliverdin or bilirubin in the presence of NADPH and O2 (Vreman et al., 1988), use of the reduction gas detector makes this assay specific for the detection of HO activity. /masterli/cptx_featured_protocol.html   (4601 words)

 Neural crest determination by co-activation of Pax3 and Zic1 genes in Xenopus ectoderm -- Sato et al., 10.1242/dev.01823 -- Development
Neural crest determination by co-activation of Pax3 and Zic1 genes in Xenopus ectoderm
Neural crest determination by co-activation of Pax3 and Zic1 genes in Xenopus ectoderm -- Sato et al., 10.1242/dev.01823 -- Development
crest determination is initiated in the exact ectodermal location /cgi/content/abstract/dev.01823v1   (253 words)

 Self Determination
Support is not determined by an outside entity but is based on the skills, experiences and goals of the person being supported.
The principle of Authority recognizes a person as the sole expert in determining what kinds of supports they need to implement their decisions about the kind of life that they want.
as it is determined individually and mutually between the person with a disability and any person(s) supporting him/her. /philasupport/selfdetermination.html   (427 words)

 Americans for Self-Determination
Second, the right to self determination is defined as the right of a people to constitute itself in a state or otherwise freely determine the form of its association with an existing state.
Self determination is the middle road, and is the way to end racism.
Americans for Self Determination was founded to foment a national discussion of separatist alternatives for the 21st century.   (7576 words)

 Self Determination - International Law & Practice - சுயநிர்ணய உரிமை
Self Determination and self government: "Self determination is not the same as self-government, which usually implies some version of democracy."- Professor Michael Walzer.
Self determination is not a de stabilising concept.
This book – the collected papers of the historic First International Conference on the Right to Self-Determination and the United Nations held in Geneva in August, 2000 – is unique in that the issue of the right to self-determination is explored within the context of just demands by those to whom it means the most. /selfdetermination   (2921 words)

Concretely, it refers to the political objective of the people of Quebec to secure State power necessary for the exercise of their collective rights, which is the essence of the right to self-determination.
It would be difficult to argue that the demand for independent Statehood in Quebec is a result primarily of the ineffective implementation of internal self-determination.
The right to independent Statehood was guaranteed by Clause 4, which enabled the "dependent peoples…to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected". /ANALYSIS/external_self_determination.htm   (1792 words)

The determination of an expert witness's qualification is within the discretion of the trial judge.
-- The determination of an expert witness's qualification is within the discretion of the trial judge; this discretion, however, is not absolute, and the appellate court will reverse if the trial court abuses its discretion.
I. Medical Expert Witness The Administrator's first argument is the trial court erred in excluding the testimony of Dr. Frederick Epstein on the standard of care for diagnosing child abuse in Hot Springs, as required by the Medical Malpractice Act and specifically by Ark. Code Ann. /opinions/1996/95-518.txt   (5331 words)

Arbitrators may visit sites outside the hearing room, call expert witnesses, seek out additional evidence, decide whether or not the parties may be represented by legal counsel, and perform many other actions not normally within the purview of a court.
Arbitrators are not bound by precedent and have great leeway in such matters as: active participation in the proceedings, accepting evidence, questioning witnesses, and deciding appropriate remedies.
The arbitration panel may contain industry experts who may be more sympathetic to the industry than to the individual. /encyclopedia/a/ar/arbitration.html   (1073 words)

The independent expert’s determination shall be final and binding save where a Court holds it to be so clearly erroneous on its face that it would be unconscionable for it to stand.
The independent expert shall have the power at any time to make or amend the procedure to be followed by the parties in the expert determination.
Any party serving a notice of expert determination shall at the same time pay to the Disputes Secretary a fee, of an amount to be published from time to time by the Disputes Secretary but not exceeding £500 (excluding VAT). /exptdet.htm   (2763 words)

 Proposed Rules on Disclosures Required by Sections 404, 406 and 407 of the Sarbanes-Oxley Act of 2002
In this context, the SEC stated its view that the mere designation of the financial expert should not impose a higher degree of individual responsibility or obligation on a member of the audit committee nor should designation of a financial expert decrease the duties and obligations of the other audit committee members.
Moreover, the Commission observed that it does not intend that any audit committee financial expert be considered an "expert" for purposes of Section 11 of the Securities Act solely as a result of his or her designation.
In determining whether a potential financial expert has all the requisite attributes, the board of directors must evaluate the totality of a person's experience and education. /articles/article/art_151.htm   (4492 words)

 Takeovers Panel
Disclosure of all past and present relationships between the applicant and the parties to the transaction or series of transactions (including the directors of any such parties) in relation to which the expert determination is required including statements as to the nature, extent and duration of those relationships.
Disclosure of any direct or indirect pecuniary or other interest, (other than the applicant's fees for providing the determination) in relation to the transaction (or series of transactions) in respect of which the expert determination is required.
Rule 58(1) provides that the reference to expert determination is a reference to an independent person appointed by the Panel. /who/policy_appointments.htm   (476 words)

 Federal Practice and Procedure
Further, in making this determination, the trial court is not bound by the rules of evidence, except those with respect to privileges.
Rule 702 is designed to ensure that, when expert witnesses testify in court, they adhere to the same standards of intellectual rigor that are demanded in their professional work.
In short, a scientific expert is an expert who relies on the application of scientific principles, rather than on skill-or experience-based observation, for the basis of his opinion. /rule_702.htm   (7675 words)

 AAR: Publication: Focus: Arbitration
This expert is a creature of the contract between the parties, and the rules and procedures for expert determination are not subject to any legislation, which gives parties some degree of freedom.
If the expert determination is in reality an arbitration, notwithstanding the parties' preconceptions at the outset of the contract, rights of appeals may exist under the appropriate arbitration legislation.
Clause 3(b): The Expert is not an arbitrator of the matters in dispute and shall not be deemed to be acting in an arbitral capacity. /pubs/ldr/foarbjun03.htm   (1572 words)

 The City Disputes Panel glossary of terms, phrases and techniques associated with ADR (alternative dispute resolution)
A process to determine a dispute through the law courts that results in a binding decision by a judge imposed on all parties.
An expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial.
An evaluative mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do. /pages/glossary.asp   (410 words)

 Expert Determination Rules
Any party may, by notice in writing (hereafter called the Notice of Dispute), give notice that it requires a dispute to be referred to expert determination, and call on the other parties to the dispute to agree on the identity of the person to be appointed as Expert.
The parties agree that the Expert, the Institute and its officers and employees are not liable to any party for or in respect of any act or omission in the discharge or purported discharge of their respective functions under these Rules unless such act or omission is shown to have been fraudulent.
The Expert shall be independent of, and act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting its case and dealing with that of any opposing party, and a reasonable opportunity to make submissions on the conduct of the Process. /rulesedr.htm   (2918 words)

 A-15-03-13044 - Alternate Format
The department does not concur with the OIG audit staff's determination that the isolated allocation in question is a rational correlation, nor does it agree with OIG's treatment of the rational correlation as an erroneous allocation.
Such determinations are to be performed in accordance with applicable Federal law and underlying regulations.
Disability determinations under SSA's Disability Insurance and Supplemental Security Income programs are performed by disability determination services (DDS) in each State or other responsible jurisdiction. /oig/ADOBEPDF/audittxt/A-15-03-13044.htm   (10358 words)

 Peter Suber, "Self-Determination and Selfhood"
The courts were right to try to find a way to enforce Nancy's own self-determination; the case was hard only because that task was hard.
Unfortunately, what the social theory of the self shows is that there is no sharp borderline that one passes at age 18 or 21, but a border zone through which one passes continually as one develops throughout life.
While in many respects the Supreme Court is the last bastion of American individualism, here it seems more moved by the social theory of the self. /~peters/writing/emerson.htm   (7706 words)

 Self-Determination Theory - Wikipedia, the free encyclopedia
Self-determination theory has been brought to many applied settings such as education, health care, parenting, work organizations, sports, and mental health.
SDT is based on an organismic-dialectical meta-theory, which begins with the assumption that people are active organisms, with innate tendencies toward psychological growth and development, who strive to master ongoing challenges and to integrate their experiences into a coherent sense of self.
This natural human tendency does not operate automatically, however, but instead requires ongoing nutriments and supports from the social environment in order to function effectively. /wiki/Self-Determination_Theory   (575 words)

 PR HERALD Self Determination: Origins And Meaning - en
It was then that " self determination " gained currency as a political slogan.
" 'Self determination' is not a mere phrase," Wilson told Congress; "it is an imperative principle of action which statesmen will henceforth ignore at their peril." Later he referred to "the free self - determination of nations upon which all the modern world insists."
"To invoke the general principle of self - determination, and to make it a supreme law of international life," wrote Lippmann, is "to invite sheer anarchy. /issues/vol3n14/WSJselfdeterm-en.shtml   (804 words)

 Art Law : ArtResolve : Model Agreements
Neither the mediator(s), expert(s), pupil(s) nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the mediation and/or expert determination, except where bad faith is shown.
If the mediation is unsuccessful, the dispute shall be referred, at the option of either party, to expert determination by an expert (or experts) to be agreed on by the parties or, in default of that agreement, to be appointed by Artresolve.
If the mediation is unsuccessful, the dispute shall be referred, at the option of either party, to expert determination by (an) expert(s) to be agreed on by the parties or, in default of that agreement, to be appointed by ArtResolve. /model.htm   (538 words)

 Fenwick Elliott Dispatch :: Issue 17, November 2001
The expert determination agreement said that the decision was to be binding except in cases of manifest error and that the expert should give reasons.
Thomas J said that it would not be right when considering whether there had been a manifest error in the determination and where further reasons had been given by way of clarification of the original reason, for the court merely to look at the terms of reference.
By CPR 35.10, expert reports are required to state the substance of all material instructions whether there are written or oral which form the basis upon which the report was written. /pdfs/dispatch/old_html_versions/17.htm   (1358 words)

 Treatment & Immobilization of Hanford Radioactive Tank Waste
Best-Value Determination: The expert reviewer for this determination noted "the hierarchical structure of the alternatives, their specifications, and the sequence of the decisions are well formulated." The main recommendation was to restructure the list of criteria.
The non-proponent review team determined the expert review "was comprehensive and no significant gaps were identified in the overall methodology." Recommendations provided by the non-proponent review team included developing a time-dependent internal staffing plan, augmenting the DOE staff, and refining the interface review process after Part B is started.
The role of this five-member team was to determine whether this Report to Congress "clearly and adequately presents the DOE decision and the rationale used to arrive at that decision" and whether "the deal presented represents the best deal for the government compared to other options" evaluated. /docs/twrs-atp/app-b.html   (2424 words)

 Michigan Appellate Digest - 194761 People v Murray
The determination of the qualification of an expert witness and the admissibility of his testimony is within the trial court's discretion.
To be admissible, the testimony of an expert witness must be that of a qualified expert, must serve to give the trier of fact a better understanding of the evidence or assist in determining a fact in issue, and must be from a recognized discipline.
The expert testimony of police officers may be presented to aid the jury in understanding evidence in controlled substances cases, including testimony regarding drug profiles. /Digest/newHTML/19476121.htm   (652 words)

 An Expert Witness Can Make or Break a Case
The CPA expert witness should prepare a first draft of the damages analysis as soon as he or she understands the facts of the case, and should review the draft with counsel to ensure it is accurate and complete.
An expert witness does not want to appear on a case where he or she (or the firm) has present or past professional relationships with individuals on either side of the suit which prevent or interfere with the witness’s objective testimony.
The CPA expert witness, on both sides of the lawsuit, must literally sift through the data and material to determine what is specifically relevant to his or her testimony. /pubs/jofa/aug2001/johnson.htm   (3302 words)

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