Sentences with phrase «by agreement rather»

The Committee, if it wishes to endorse an approach to resolve native title issues by agreement rather than litigation, should recommend increased funding for NTRB's.

(f) The Committee, if it wishes to endorse an approach to resolve native title issues by agreement rather than litigation, should recommend increased funding for NTRB's.

In most cases, results are predictable, the costs are less than litigation, and the scheduling of meetings is determined by agreement rather than by the court.

At the heart of her approach is that that «it is in everyone's interests that matrimonial claims should be settled by agreement rather than by an adversarial battle in court».

Marital Settlement Agreement — It is often best if parties can resolve a case by agreement rather than by trial.

Not exact matches

However, rather than compete for market share on the merits or fulfill its statutory obligation to enable competitors to practice its invention after its patents expired, Green Mountain has abused its dominance in the brewer market by coercing business partners at every level of the K - Cup distribution system to enter into anticompetitive agreements intended to unlawfully maintain Green Mountain's monopoly over the markets in which K - Cups are sold.

North and South Korea have technically still been at war since then, as the cessation of fighting was only enabled by an armistice signed in 1953 rather than a peace agreement.

By purchasing these securities outright (rather than through a well - defined repurchase agreement), the Fed is effectively obligating the U.S. government to either guarantee them or to absorb any future losses.

On the other hand, people who are the products of a prevailingly analytical, logical habit of mind - possessors of modern Greek - Western modes of thinking, rather than the ancient Hebraic - Eastern quality of thought - instinctively and habitually find themselves delayed, snagged, or otherwise discontented or dismayed by any absence in the text of specific agreement in detail, by any appearance of the inconsistent, whether overt or only implied.

She reiterated, in particular, that a full trade agreement, rather than a bare outline, could be negotiated by October.

And rather worryingly, given it is transport that provides the physical connection to Europe for movement of goods and people, there is «no prospect» of getting an agreement by next September.

Kopp is also a co-author of another study, led by Tufts University researcher Klaus Bittermann and published today in Environmental Research Letters, assessing the sea - level rise benefits of achieving the Paris Agreement's more ambitious 1.5 degrees Celsius (2.7 degrees Fahrenheit) temperature target rather than its headline 2 degrees Celsius (3.6 degrees Fahrenheit) target.

Given that cooperation is most effective through direct contacts between scientists rather than through government - driven agreements, the Iranian government will encourage and support collaborations initiated by individual scientists from within the country or in any part of the world.

Reports published by two environmental groups this week argue that the draft agreement on trade prepared for next month's Earth Summit will damage rather than protect the environment.

If we equate de facto ketogenic diets with high - protein diets (which is not always correct) then the risks proposed by critics of this type of dietary approach are essentially those of possible kidney damage due to high levels of nitrogen excretion during protein metabolism, which can cause an increase in glomerular pressure and hyperfiltration.12 There is not wide agreement between studies; however, some infer the possibility of renal damage from animal studies, 99, 100 whereas others, looking at both animal models, meta - analyses and human studies, propose that even high levels of protein in the diet do not damage renal function.101, 102 In subjects with intact renal function, higher dietary protein levels caused some functional and morphological adaptations without negative effects.103 There may actually be renal - related effects, but on blood pressure rather than morphological damage.

I've got to believe that it's something about the structure of the charter sector — its governance by mission - driven boards instead of local politicians; its ability to recruit and retain educators that share a vision rather than a collective bargaining agreement (and conventional preparation and certification); its sense of urgency driven by accountability to authorizers and funders — that makes the difference.

• Ability to serve victims without impeding the function of colleges and universities: Rather than rescinding federal funding to schools involved in sexual harassment inquiries, OCR pressures schools to negotiate legally binding agreements by subjecting them to expensive investigations that last years and threaten their reputation.

These schools resemble traditional schools more than charters: LAUSD, not an independent nonprofit board, retains governing control of the school; all employees are paid by LAUSD and subject to union agreements; and the schools» funding flows through LAUSD rather than from the state as with most Independent Charters.

Third member of hearing panel (when a panel is chosen rather than a single hearing officer) must be chosen up to five days by the two other members (those appointed by the teacher and the superintendent); if no agreement, the third member is chosen under American Arbitration Association selection process.

Rather than investigate and confront the serious legal and financial issues raised by Mr. Perry's claims, with this supposed agreement in place the Hartford Superintendent and Board of Education appear to have thrown in their lot with Perry, thus becoming co-conspirators in an effort to walk away from their fiduciary responsibilities to the citizens of Hartford and Connecticut.

Any dispute or claim relating in any way to this Agreement or AAPA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

I'm strengthened in this supposition by the events following Microsoft's agreement with Barnes & Noble, or rather by the absence of any additional value gained by Microsoft other than a sort - of Barnes & Noble app on its not - popular Microsoft tablet.

This is due in part to the fact that published normals vary by as much as 100 points on hepatic enzymes, indicating that little agreement exists as to what is indeed «normal» for a rabbit.1 This inexactitude is precisely what the HRS Rabbit Health Database is trying to rectify by accumulating the results of bloodwork on house rabbits (rather than lab rabbits, which have relatively short, abnormal lives) from across the country.

Epic violated the Agreement with Silicon Knights by, among other things, failing to provide a working game engine, which has caused Silicon Knights to experience considerable losses and ultimately has forced Silicon Knights to spend its limited time and resources on building its own game engine rather than in developing its video game.

Even if you represent the paper's results correctly, though, there's only one reason that you'd pin your faith on a single paper rather on the vast amount of work done by many other scientists that are in broad agreement on a different conclusion:

Where do you believe that Dr. Curry implies agreement that leading climate scientists are incompetent and should not be working, and that there is a cover - up and that the current warming is caused by an iron sun rather than increased CO2 from human activity?

Climate change advocates will see it as a way to curb the consumption of fossil fuels, in part by narrowing the competitive gap with renewables; their opponents will see such a tax as meeting a long - held conservative view that it is more growth - friendly to tax consumption rather than the proceeds of work and risk - taking, to be paired with environmentalists» agreement to substitute the tax for the EPA's regulations.

Rather, negotiators engaged in the technical discussions that are required to make substantial progress by COP23 on the rules that will guide the implementation of the agreement.»

likeithot - If you are in agreement with Lindzen, are you arguing that the consensus is unimportant, that attribution is impossible, or that scientists are wholly motivated by money and status rather than facts?

This will include: • Keeping the non-conditional target of 5 % but reducing target range, conditional on global agreement to 20 - 29 % • a phase - out of the free permits for industry by 2012 allowing a gradual growth of jobs in greener industries and a natural transition for employees without job losses; • allowing the market to set the price for carbon permits rather than setting a price ceiling; • allowing industry to gain credit for investing in activities that reduce carbon emissions outside their business interests and operations.

Since the fishing is presumably intended for animal feed in the developed world, rather than human consumption, surely this could be stopped by international agreement without disastrous effect on any national economies.

Richard Tol has an interesting new draft paper https://www.sussex.ac.uk/webteam/gateway/file.php?name=wps-96-2016.pdf&site=24 that also draw attention to its lack of teeth: «The Paris Agreement discarded legally binding emission targets... the Paris Agreement obliges countries to have a climate policy — but the word «intended» signifies that climate policy is aspirational, while the words «nationally determined» specify that these aspirations are set by individual countries rather than through international negotiations.»

I did not say science operated by consensus but rather that consensus is the loosely accepted idea that it's a waste of time to rehash areas where agreement is broadly reached.

There are also several surface temperature data sets which are all in very close agreement, and whose accuracy was recently independently confirmed by the Berkeley Earth Surface Temperature (BEST) project, so the second possible explanation also appears rather unlikely.

The agreement is built on country - by - country statements of voluntary action, rather than the kind of top - down target - setting that characterised the Kyoto Protocol.

Rather, all goods manufactured in the West Bank and Gaza would be covered by the EC - PLO agreement and apparently would qualify for tax breaks if their origin was certified by the Palestinian Authority.

You can also set the proper expectation up front by using the phrase «as needed» rather than «unlimited» in your conversation and written agreement.

Rather, they are obligations to pay which are imposed by law, not by voluntary agreements.

It did so, secondly, not on the basis of a substantive analysis as the one suggested by Advocate - General Kokott, who, in her opinion of 28 October 2015, had focused on the distinction between the objectives of internal and international security, but, rather, by emphasizing the ancillary purpose of the Council decision concluding the transfer agreement as a decision the very rationale of which is dependent to a large extent on the broader, CFSP - dominated context.

A decree that approves separation by mutual consent, or rather the judicial separation agreement, or the assisted negotiation agreement, authorised by the public ministry, or alternatively the signing of the agreement before the Mayor in order for the separation to be valid, are all sufficient.

The consensus seems to be rather that letting any countervailing obligations under another agreement prevail over those of the Charter, including and especially the implementation of resolutions adopted by the Security Council under Chapter VII, would be in violation of Article 103.

In arbitration, disputes are resolved with binding effect by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction unless the parties have prior agreement to exclude it.

The court noted that the defendant «executed the mediation agreement, attended with full authority to settle, made an opening statement (consistent with the position maintained all along) and offered to settle the action by way of a dismissal not with, but rather without costs.»

Lawyer C, who was retained by the plaintiff to give ILA, urged Ms. M to not sign the draft agreement, but rather to enter into a partial separation agreement, which would satisfy the mortgage lender but allow for full financial disclosure at a later date.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

On a more policy, rather than personality / leadership basis, of some concern, is the lack of agreement by the DUP and SF on when policing and justice powers will be devolved to the Assembly and Executive.

Even if you are not able to spend the time to properly annotate your precedents, younger lawyers on your team will benefit from reviewing good quality precedents rather than reviewing matter - specific agreements and trying to essentially retrofit their analysis by trying to determine which clauses might be matter - specific and which ones might be standard, essential clauses.

Beyond academic governance, Flex Time models may also have an impact on collective agreements (which stipulate working hours and requirements of consultation and / or agreement prior to changes in any changes to the delivery of courses affecting terms and conditions of staff or faculty work) or on Law School budgets (some of which collect tuition by «term» rather than for each credit).

This is important because we know that people tend to be more satisfied with problems that they solve by agreement, rather than having a tribunal member, like me, or a judge even, make a decision.

Rather, if the parties agree to such binding arbitration, the agreement is either (a) void completely, or (b) enforceable, but only to the extent that the arbitrator's decision is completely reviewable by the court to determine the best interests of the child.