The authority to adjudicate authorized disputes regarding athletic footwear, significantly these involving the “Jordan Flight” model inside a wartime context, resides with the established authorized programs of the related jurisdictions. For example, if a contract dispute arose between suppliers and distributors of those footwear throughout an armed battle, the courts of the nation the place the contract was made or carried out would probably have jurisdiction. If prison exercise had been concerned, such because the seizure of products, the jurisdiction would probably fall to the placement the place the alleged crime occurred, probably involving worldwide authorized our bodies if the battle crossed borders. The precise legal guidelines and laws utilized would depend on the character of the dispute and the jurisdictions concerned, probably together with worldwide commerce regulation, contract regulation, and prison regulation, tailored as wanted to accommodate the exigencies of the battle.
A transparent framework for authorized recourse regarding business items, even during times of armed battle, gives stability and predictability for companies. This framework additionally upholds the rule of regulation, which is crucial for making certain equity and accountability even in difficult circumstances. Traditionally, the necessity for such authorized mechanisms turned more and more evident throughout and after vital international conflicts, as commerce disputes and property rights points usually arose. The event of worldwide authorized devices and conventions associated to commerce and armed battle additional underscores the significance of sustaining authorized processes even amidst conflict.
This dialogue naturally results in issues of worldwide regulation, the function of army courts in occupied territories, and the complexities of making use of home legal guidelines throughout wartime. Additional exploration of those matters will present a deeper understanding of how the intersection of battle and commerce is managed inside a authorized framework.
1. Jurisdiction
Jurisdiction performs a pivotal function in figuring out the suitable authorized authority to resolve disputes associated to business items like athletic footwear, even throughout wartime. It establishes which entitya particular court docket, tribunal, or worldwide bodypossesses the authorized energy to listen to a case and make a binding resolution. The complexity arises when contemplating situations involving worldwide transactions, conflicts spanning a number of jurisdictions, or disputes arising in occupied territories. For instance, a contract dispute between a Jordanian provider and an American distributor of “Jordan Flight” footwear throughout a hypothetical battle involving each nations might elevate jurisdictional questions. Would Jordanian courts, American courts, or a global tribunal have the authority to adjudicate? The reply probably hinges on the specifics of the contract, the placement of the breach, and any related worldwide agreements. The idea of jurisdiction is additional sophisticated by wartime realities, together with disrupted authorized programs and potential shifts in territorial management.
A number of components affect jurisdictional determinations in such situations. Pre-existing contractual agreements between events usually specify a selected jurisdiction for dispute decision. The situation the place a contract was made or breached will also be vital. In instances of alleged prison exercise, just like the seizure of products, the jurisdiction the place the alleged crime occurred sometimes takes priority. Throughout armed conflicts, worldwide regulation and conventions might present a framework for resolving disputes involving worldwide commerce and property rights. Moreover, army courts might train jurisdiction in occupied territories, elevating potential conflicts with pre-existing authorized constructions. Understanding these varied jurisdictional issues is essential for companies working in or affected by battle zones. They spotlight the sensible significance of jurisdiction in figuring out the place and the way justice could be pursued.
In abstract, establishing clear jurisdiction is prime to resolving wartime business disputes successfully and pretty. With no clear jurisdictional framework, companies face uncertainty and potential authorized limbo relating to their rights and obligations. Challenges stay in harmonizing probably conflicting jurisdictional claims, significantly in conditions involving a number of nations or occupied territories. A strong understanding of jurisdictional rules and their utility throughout wartime is crucial for navigating the advanced authorized panorama of worldwide commerce in instances of battle. This understanding gives a pathway for companies to pursue authorized recourse, defend their pursuits, and uphold the rule of regulation, even amidst the disruptions of conflict.
2. Relevant Legal guidelines
Figuring out the suitable authorized framework for resolving disputes associated to business items throughout wartime, comparable to these involving “Jordan Flight” athletic put on, requires cautious consideration of the relevant legal guidelines. These legal guidelines kind the idea upon which authorized choices are made and considerably affect which entity has the authority to adjudicate “who decides” the matter. Understanding the interaction between relevant legal guidelines and jurisdictional authority is essential for navigating the authorized complexities of wartime commerce.
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Worldwide Regulation
Worldwide regulation, together with treaties and conventions, usually performs a major function in wartime business disputes. For example, the Geneva Conventions tackle the remedy of civilian property throughout armed battle, which might be related in instances of seizure or destruction of products. The applicability of particular worldwide legal guidelines is determined by the nations concerned and the character of the dispute. Worldwide regulation can affect jurisdiction by granting authority to worldwide courts or tribunals, probably superseding nationwide courts in sure conditions.
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Home Regulation
The home legal guidelines of the nations concerned additionally play a job, significantly in contract disputes. Contract regulation rules govern the interpretation and enforcement of agreements, and the legal guidelines of the jurisdiction the place the contract was made or carried out usually apply. Nevertheless, wartime circumstances might result in the suspension or adaptation of sure home legal guidelines, creating complexities of their utility. Home legal guidelines work together with jurisdictional questions by designating which nationwide courts have the authority to listen to particular varieties of instances.
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Navy Regulation
In occupied territories, army regulation might supersede pre-existing authorized constructions. Navy courts could also be established to adjudicate disputes, together with these associated to business actions. The applying of army regulation introduces a definite algorithm and procedures, which might differ considerably from civilian authorized programs. Navy regulation instantly impacts jurisdiction by probably granting unique authority to army tribunals inside occupied zones.
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Lex Mercatoria (Regulation Service provider)
Lex Mercatoria, or the Regulation Service provider, refers to a physique of customary business regulation that has traditionally developed by worldwide commerce practices. Whereas not strictly codified regulation, it could possibly affect the interpretation of contracts and backbone of business disputes, significantly in conditions the place current authorized programs are disrupted by battle. Lex Mercatoria can not directly have an effect on jurisdictional issues by informing the interpretation of contracts that specify dispute decision mechanisms.
The interaction of those varied authorized frameworks shapes the willpower of which entity has the authority to resolve wartime business disputes. The precise details of every case, the character of the products concerned, and the jurisdictions implicated all contribute to the advanced interaction of worldwide, home, army, and customary regulation. Understanding these relevant legal guidelines is prime to establishing a transparent jurisdictional framework and making certain a simply decision of business disputes throughout armed battle.
3. Worldwide Conventions
Worldwide conventions play a vital function in figuring out the suitable authorized framework for resolving business disputes throughout wartime, together with these associated to items like “Jordan Flight” athletic put on. These agreements between nations set up guidelines and procedures for dealing with varied elements of worldwide relations, together with commerce, property rights, and the conduct of hostilities. Understanding the relevance of particular conventions is crucial for figuring out which entity possesses the authority to adjudicate disputes”who decides”within the context of wartime commerce.
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Geneva Conventions
The Geneva Conventions, a sequence of treaties primarily centered on humanitarian protections throughout armed battle, additionally tackle the remedy of civilian property. Whereas not particularly centered on business items, provisions relating to the safety of civilian property from pointless destruction or seizure could be related in disputes arising from wartime commerce disruptions. For example, if a cargo of athletic footwear is seized by an occupying power, the Geneva Conventions might present a authorized foundation for difficult the seizure. The Conventions affect jurisdiction by probably offering grounds for people or companies to hunt redress by worldwide our bodies or tribunals.
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Hague Conventions
The Hague Conventions tackle the legal guidelines and customs of conflict, together with the remedy of occupied territories. Rules in regards to the administration of occupied territories can have implications for business actions and dispute decision. For example, the Hague Conventions might affect which authorized systemthat of the occupying energy or the pre-existing systemapplies to business disputes throughout the occupied territory. This, in flip, impacts which courts or tribunals have jurisdiction over such disputes.
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United Nations Conference on Contracts for the Worldwide Sale of Items (CISG)
The CISG gives a uniform authorized framework for worldwide gross sales contracts. Whereas its utility throughout wartime could be advanced, it may be related in disputes arising from pre-existing business agreements. The CISG can affect jurisdiction by specifying how disputes associated to worldwide gross sales contracts ought to be resolved, probably designating particular courts or arbitration tribunals. Nevertheless, its applicability throughout armed battle could be topic to interpretation, significantly if the battle disrupts regular commerce relations.
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Bilateral or Multilateral Commerce Agreements
Particular commerce agreements between nations can comprise provisions relating to dispute decision mechanisms. These agreements might set up procedures for resolving trade-related disputes, which could be related throughout wartime. Such agreements can affect jurisdiction by explicitly designating which courts or tribunals have the authority to listen to particular varieties of commerce disputes, even during times of battle.
These worldwide conventions, alongside different related authorized devices, contribute to the advanced framework that determines who decides wartime business disputes. The precise conventions relevant in a given state of affairs rely upon the character of the dispute, the nations concerned, and the precise circumstances of the battle. Understanding these conventions is essential for navigating the authorized panorama of wartime commerce and making certain that disputes are resolved pretty and successfully below the suitable authorized authority.
4. Navy Courts
Navy courts play a major function in figuring out authorized authority throughout armed conflicts, together with these impacting business actions such because the commerce of products like “Jordan Flight” footwear. Their jurisdiction and authority are sometimes distinct from civilian courts, elevating advanced questions on who decides authorized issues inside and throughout borders throughout wartime. Understanding the function and performance of army courts is crucial to comprehending the broader panorama of wartime authorized jurisdiction.
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Jurisdiction in Occupied Territories
Navy courts usually train jurisdiction in territories occupied throughout armed battle. This authority can lengthen to a variety of issues, together with prison offenses, property disputes, and even business transactions. For instance, a army court docket established by an occupying energy may adjudicate a dispute in regards to the seizure of a cargo of athletic footwear throughout the occupied territory. This jurisdictional energy can supersede pre-existing civilian authorized constructions, elevating questions in regards to the continuity and enforcement of contracts made previous to the occupation.
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Software of Navy Regulation
Navy courts apply army regulation, a definite physique of laws governing the conduct of armed forces personnel and, in some instances, civilians inside occupied territories or areas below army management. Navy regulation usually contains provisions associated to the seizure and management of property, which might affect business items. For example, laws regarding wartime requisitioning of provides might have an effect on the authorized standing of business shipments. The applying of army regulation can differ considerably from civilian authorized frameworks, probably creating challenges for companies working in battle zones.
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Relationship with Worldwide Regulation
The jurisdiction and authority of army courts are topic to constraints imposed by worldwide regulation, significantly humanitarian regulation and human rights regulation. Worldwide conventions, such because the Geneva Conventions, set limits on the powers of occupying forces, together with their authority to ascertain army courts and apply army regulation. For instance, worldwide regulation might prohibit army courts from attempting civilians for offenses that will usually fall below civilian jurisdiction. This interaction between worldwide regulation and army jurisdiction can considerably affect the willpower of authorized authority throughout wartime.
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Publish-Battle Accountability
Navy courts also can play a job in post-conflict accountability processes, addressing conflict crimes and different severe violations of worldwide regulation. Whereas circuitously associated to business disputes, these proceedings can contribute to the broader authorized panorama within the aftermath of battle, impacting the restoration of civilian authorized programs and the enforcement of pre-war contracts. For example, choices by army or worldwide tribunals relating to property seizures throughout wartime might affect subsequent business litigation in civilian courts.
Understanding the function of army courts gives important context for figuring out who decides authorized issues associated to business items, together with “Jordan Flight” merchandise, throughout wartime. The jurisdictional complexities arising from army occupation, the appliance of army regulation, and the interaction with worldwide regulation all contribute to the problem of building clear strains of authorized authority throughout and after armed conflicts. This complexity highlights the significance of worldwide authorized frameworks in mitigating the disruption of civilian authorized programs and making certain accountability in wartime business actions.
5. Contractual Agreements
Contractual agreements play a vital function in figuring out authorized jurisdiction, particularly regarding business items like “Jordan Flight” merchandise throughout wartime. These agreements usually comprise clauses specifying the governing regulation and the designated discussion board for dispute decision. This pre-determined framework can considerably affect “who decides” authorized issues, even amidst the disruptions of armed battle. For example, a contract between a Jordanian producer and a European distributor may stipulate that disputes will likely be resolved in a selected worldwide arbitration court docket, no matter any wartime occasions. This contractual stipulation can supersede jurisdictional claims by army or nationwide courts, providing a level of predictability and stability in in any other case unstable circumstances. The enforceability of such clauses throughout wartime, nevertheless, could be topic to challenges relying on the precise battle and the accessibility of the chosen discussion board.
The significance of contractual agreements as a element of figuring out jurisdiction is additional amplified in advanced, multi-party transactions. Take into account a state of affairs involving a Jordanian provider, a European distributor, and a U.S.-based logistics firm. A well-drafted contract wouldn’t solely outline every celebration’s obligations but additionally set up a transparent dispute decision mechanism, maybe specifying a impartial venue and relevant regulation. This pre-arranged framework can stop jurisdictional conflicts arising from differing nationwide legal guidelines or wartime exigencies. For instance, if a cargo of products is seized by a belligerent nation, the contractually designated discussion board would probably retain jurisdiction over the dispute, regardless of the placement of the seizure. This reinforces the sensible significance of complete contractual agreements in offering a steady authorized framework even during times of battle.
In abstract, contractual agreements perform as essential devices for establishing authorized readability and predictability in business transactions, even throughout wartime. By specifying governing regulation and dispute decision mechanisms, these agreements considerably affect jurisdictional determinations. Whereas the enforceability of contractual clauses could be challenged by extraordinary circumstances comparable to armed battle, their presence gives a vital framework for navigating advanced authorized points. A strong understanding of the interaction between contractual agreements and jurisdictional authority is crucial for companies working in or affected by battle zones, making certain a level of authorized stability amidst the uncertainties of conflict.
6. Location of Incident
The situation the place a authorized incident happens performs a pivotal function in figuring out which judicial physique possesses the authority to adjudicate the matter, significantly within the context of disputes associated to business items like “Jordan Flight” merchandise throughout wartime. “Location of incident” considerably influences “who decides” authorized questions by connecting the occasion to a selected jurisdiction, authorized system, and probably, a set of wartime laws. Understanding this connection is essential for navigating the advanced authorized panorama of worldwide commerce throughout armed conflicts.
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Territorial Jurisdiction
Probably the most elementary facet of “location of incident” is its connection to territorial jurisdiction. Typically, the courts of the nation the place an incident happens have main jurisdiction over the matter. For example, if a cargo of “Jordan Flight” footwear is seized inside a selected nation’s borders, that nation’s courts would probably have preliminary jurisdiction over any authorized challenges to the seizure. Nevertheless, wartime situations can complicate this precept, significantly in instances of occupied territories or disputed borders, resulting in potential jurisdictional conflicts between occupying forces, displaced governments, and worldwide our bodies.
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Contractual Concerns
Whereas territorial jurisdiction is paramount, contracts can modify its utility. Worldwide business agreements usually embody clauses specifying a selected jurisdiction for dispute decision, probably overriding the default jurisdiction primarily based on the placement of the incident. For instance, a contract might stipulate that disputes will likely be settled in worldwide arbitration, no matter the place a breach of contract or seizure of products happens. This contractual designation gives a level of predictability however might face enforceability challenges throughout vital disruptions attributable to warfare.
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Maritime and Airspace Incidents
Incidents occurring in worldwide waters or airspace introduce extra complexity. Jurisdiction in these instances usually is determined by the nationality of the vessel or plane concerned, the placement of registration, and the character of the incident. For instance, if a cargo of products is seized from a Jordanian-registered cargo airplane in worldwide airspace, Jordanian courts may assert jurisdiction, however different nations or worldwide our bodies may also declare authority relying on the specifics of the incident and relevant worldwide conventions.
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Cybersecurity and Information Breaches
Within the fashionable context, “location of incident” could be difficult to outline in instances involving cybersecurity breaches or information theft. The bodily location of the servers or the people concerned may differ from the placement the place the affect of the breach is felt. This ambiguity creates jurisdictional challenges, significantly in figuring out which authorized system applies and which courts have authority to adjudicate. For instance, if a Jordanian firm’s information associated to “Jordan Flight” gross sales is stolen by hackers situated overseas, figuring out the “location of incident” for jurisdictional functions turns into advanced, probably involving a number of jurisdictions and authorized programs.
The “location of incident” serves as a vital think about figuring out jurisdictional authority, particularly throughout wartime. Whereas territorial jurisdiction sometimes performs a main function, contractual stipulations, the character of the incident (maritime, aerial, cyber), and the complexities of wartime situations (occupied territories, disputed borders) can considerably affect which judicial physique in the end decides authorized issues regarding business items. Understanding these interconnected components is crucial for navigating the multifaceted authorized panorama of worldwide commerce throughout armed conflicts and making certain that authorized disputes are addressed throughout the applicable jurisdiction.
Ceaselessly Requested Questions
This part addresses widespread inquiries relating to the authorized complexities surrounding business items, comparable to athletic footwear, throughout armed conflicts. Understanding these authorized nuances is essential for companies and people engaged in worldwide commerce.
Query 1: How does wartime have an effect on the enforceability of current contracts for items like athletic footwear?
Wartime circumstances can considerably affect contract enforceability. Components comparable to commerce embargoes, disrupted provide chains, and the appliance of army regulation in occupied territories can render contractual obligations not possible or unlawful to meet. The precise affect is determined by the character of the battle, the jurisdictions concerned, and the precise phrases of the contract.
Query 2: If a cargo of products is seized by an occupying power, what authorized recourse is obtainable?
Authorized recourse is determined by the precise circumstances, together with the relevant worldwide legal guidelines (e.g., Geneva Conventions), the home legal guidelines of the concerned nations, and any pre-existing contractual agreements. Potential avenues for recourse may embody interesting to worldwide tribunals, pursuing claims by diplomatic channels, or initiating litigation in related nationwide courts after the cessation of hostilities.
Query 3: Do army courts have jurisdiction over business disputes in occupied territories?
Navy courts established by occupying powers usually assert jurisdiction over a variety of issues inside occupied territories, together with business disputes. Nevertheless, their authority is topic to constraints imposed by worldwide regulation, significantly humanitarian regulation and human rights regulation. The precise jurisdiction of army courts varies relying on the precise battle and the laws imposed by the occupying energy.
Query 4: How does worldwide regulation defend business pursuits throughout wartime?
Worldwide regulation, together with conventions just like the Geneva and Hague Conventions, gives a framework for shielding civilian property and regulating the conduct of hostilities. These conventions goal to mitigate the affect of conflict on business actions, although their effectiveness is determined by the adherence of belligerent events and the provision of mechanisms for enforcement.
Query 5: What function do contractual agreements play in figuring out jurisdiction throughout armed battle?
Contracts, particularly these associated to worldwide commerce, usually embody clauses specifying governing regulation and dispute decision mechanisms. These provisions can considerably affect jurisdiction even throughout wartime, probably designating worldwide arbitration or particular nationwide courts as the suitable discussion board for resolving disputes, no matter the place the incident occurred.
Query 6: How does the “location of incident” affect authorized jurisdiction in wartime business disputes?
The bodily location the place a authorized incident happens, such because the seizure of products, sometimes determines which nationwide courts have main jurisdiction. Nevertheless, this precept could be advanced in wartime situations involving occupied territories, disputed borders, or incidents occurring in worldwide waters or airspace. Contractual agreements and worldwide regulation can additional complicate the willpower of jurisdiction primarily based on location.
Understanding these authorized issues is vital for navigating the complexities of worldwide commerce throughout wartime. Searching for skilled authorized counsel is essential for companies working in or affected by armed conflicts.
The following sections will delve deeper into particular case research and authorized precedents related to business disputes throughout wartime, offering additional sensible steering.
Navigating Authorized Complexities Associated to Business Items Throughout Wartime
This part affords sensible steering for companies and people concerned within the worldwide commerce of products, navigating the authorized complexities that may come up throughout armed conflicts. The following tips give attention to proactive measures and important issues for shielding business pursuits in instances of conflict.
Tip 1: Due Diligence and Danger Evaluation: Conduct thorough due diligence on all events concerned in business transactions, assessing the potential dangers related to working in or transacting with entities situated in battle zones or politically unstable areas. Consider the potential affect of armed battle on provide chains, transportation routes, and cost programs.
Tip 2: Complete Contract Drafting: Guarantee all business contracts embody clear and complete clauses addressing potential wartime disruptions. Specify governing regulation, dispute decision mechanisms (e.g., worldwide arbitration), power majeure provisions, and procedures for dealing with conditions like asset seizures or contract breaches because of battle.
Tip 3: Insurance coverage and Contingency Planning: Safe applicable insurance coverage protection for items in transit and different belongings probably in danger throughout armed battle. Develop contingency plans for provide chain disruptions, various transportation routes, and communication protocols in case of emergencies.
Tip 4: Monitoring and Compliance: Intently monitor geopolitical developments and adjust to all related worldwide and home legal guidelines, together with commerce embargoes and sanctions regimes. Keep knowledgeable about modifications in authorized frameworks and laws inside battle zones and modify enterprise operations accordingly.
Tip 5: Documentation and Proof Preservation: Preserve meticulous information of all business transactions, together with contracts, invoices, delivery paperwork, and proof of possession. Securely retailer these paperwork in a secure location to facilitate potential authorized claims or insurance coverage claims within the occasion of loss or harm because of battle.
Tip 6: Authorized Experience and Session: Seek the advice of with skilled authorized counsel specializing in worldwide commerce and wartime authorized points. Search skilled recommendation on contract drafting, danger evaluation, jurisdictional complexities, and potential authorized recourse within the occasion of disputes or losses.
Tip 7: Communication and Stakeholder Engagement: Preserve open communication with all stakeholders, together with suppliers, distributors, prospects, and insurance coverage suppliers. Set up clear communication protocols for dealing with disruptions and coordinate responses to rising challenges.
By implementing these proactive measures, companies can mitigate dangers and defend their business pursuits throughout armed conflicts. These methods present a framework for navigating the advanced authorized panorama and making certain the continuity of operations, even in difficult wartime environments.
The next conclusion will synthesize the important thing themes mentioned and supply last suggestions for navigating the authorized intricacies of wartime business actions.
Figuring out Jurisdiction
Figuring out authorized authority over business disputes associated to items throughout wartime, exemplified by the hypothetical “Jordan Flight Courtroom” state of affairs, requires cautious consideration of a number of interacting components. Jurisdictional authority hinges on the interaction of worldwide conventions (Geneva Conventions, Hague Conventions, CISG), home legal guidelines of related nations, the presence and utility of army regulation in occupied territories, pre-existing contractual agreements between events, and the precise location of the incident giving rise to the dispute. These components collectively form the framework for resolving disputes and figuring out the suitable judicial or arbitral physique possessing the authority to adjudicate. The complexities inherent in wartime environments additional underscore the necessity for clear contractual language, thorough due diligence, strong danger evaluation, and proactive engagement with authorized counsel specializing in worldwide commerce regulation and the legal guidelines of armed battle.
Readability relating to jurisdictional authority in wartime business disputes is crucial for upholding the rule of regulation, defending business pursuits, and selling stability amidst battle. The flexibility to find out “who decides” authorized issues associated to business items throughout wartime contributes to a extra predictable and simply worldwide authorized order, even amidst the disruptions of armed battle. Additional analysis and evaluation of particular case research and rising authorized challenges are essential for refining authorized frameworks and making certain efficient dispute decision mechanisms in future conflicts. This ongoing exploration is crucial for mitigating the detrimental impacts of conflict on worldwide commerce and selling a rules-based method to resolving disputes even in probably the most difficult circumstances.
