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In many jurisdictions, courts and the related tort liability rules have failed to adequately address conflicts arising from healthcare delivery that has caused harm. The litigation model – the classic model used to deal with medical liability – must be, if not replaced, at least supplemented by another model, and alternative dispute resolution is best suited to this task. Because conflicts are resolved in a less adversarial environment than a courtroom and led by people with knowledge of both medicine and law, alternative dispute resolution promotes a congenial procedure, is faster and cheaper than traditional litigation and can provide more satisfactory outcomes for all parties. This paper reviews some of the failures of litigation as a means of resolving disputes related to medical liability and considers how alternative dispute resolution methods can address these failures, providing some examples from civil law jurisdictions in Europe.
alternative dispute resolution, doctor-patient relationship, litigation, medical liability Motsclés: résolution alternative des conflits, relation médecin-patient, contentieux, responsabilité médicale Schlüsselwörter: alternative Streitbeilegung, Arzt-Patient-Beziehung, Gerichtsverfahren, Arzthaftung

The United Nations Convention on Contracts for the International Sale of Goods, or CISG, has been adopted by more than 60 countries in an effort to harmonize the law that applies to international sales contracts. In this paper, we argue that the effort to create uniform international sales law (ISL) fails to supply contracting parties with the default terms they prefer, thus violating the normative criterion that justifies the law-making process for commercial actors in the first instance. Our argument rests on three claims. First, we contend that the process by which uniform ISL is drafted will dictate the form that many provisions take. Second, we contend that the legal form dictated by the drafting process has significant substantive consequences, particularly for the policy objectives of uniform ISL. That leads to our third claim. We predict that in order to achieve uniform ISL that is widely adopted, those involved in the drafting process will systematically promulgate many vague standards that contracting parties would not choose for themselves. These defaults cannot be justified as the inevitable cost of achieving an optimal level of uniformity. If the products of a uniform ISL are default terms that parties do not want, then the underlying justification for the law-making function – reduction of contracting costs – vanishes. We find significant correspondence between our predictions about the drafting of uniform international sales law and the CISG. The CISG was drafted by parties whose objectives did not necessarily coincide with those of the commercial actors whose conduct the treaty was intended to regulate. The result is a variety of vague standards and compromises that appear inconsistent with commercial interests. We also illustrate the ways in which the CISG avoided potential correctives to these problems. We conclude by suggesting that commercial actors involved in international sales would prefer to choose governing law from among legal regimes that compete to supply parties with more desirable substantive terms.

THIS ANALYSIS LEADS TO THE CONCLUSION THAT OPENNESS IS MOST LIKELY TO EXIST WHEN THERE IS A HEGEMONIC DISTRIBUTION OF POTENTIAL ECONOMIC POWER. TIME-SERIES DATA ON TARIFF LEVELS, TRADE PROPORTIONS, REGIONAL CONCENTRATION, PER CAPITA INCOME, SHARE OF WORLD TRADE, AND SHARE OF WORLD INVESTMENT ARE THEN PRESENTED. THE STATE-POWER THEORY SHOULD BE AMENDED TO CONSIDER DOMESTIC CONSTRAINTS.

The article aims to broaden the subject of the attribution of conduct to a State by pre-senting different grounds for attributing State responsibility. It surveys main the prin-ciples of attribution, which were affirmed in international judicial decisions and specifies circumstances which extend beyond the general rule under which States incur responsi-bility only for the conduct of its organs. The provisions of the Articles on the Responsi-bility of States for Internationally Wrongful Acts constitute a primary point of reference of the research and are followed by examples of their practical application.

The responsibilities of Federal civil telecommunications are distributed by Congress among the General Services Administration (GSA), the Office of Management and Budget (OMB), and the Department of Commerce. GSA provides a centralized organization and coordinated process for acquisition and oversight of equipment and services for an Integrated Federal Telecommunications System (IFTS) to meet federal telecommunication requirements. The IFTS currently consists of heterogeneous, largely independent networks and telecommunication acquisition programs which are being coordinated through GSA. Under GSA's direct control within the IFTS are the two Federal Telecommunications System 2000 (FfS2000) voice and data networks (Network A-services acquired from AT&T and Network B-services acquired from US Sprint). Presently, the FTS2000 does not provide telecommunication services outside the United States (U.S.), Puerto Rico, Guam, and the Virgin Islands. There are, however, federal agency requirements for telecommunication services to international locations. International locations are by definition any locations outside the U.S., excluding Puerto Rico, Guam, and the Virgin Islands. Agencies requiring international telecommunication services are currently subscribing individually to interlata carriers authorized to provide international telecommunication services and may not be benefiting from economies of aggregating their international telecommunication traffic with other agencies. The objective of this project is to support GSA in procuring technically-effective and cost-efficient end-to-end international telecommunication services. This will be achieved by aggregating international bound traffic of several agencies, reducing the number of access points to the international carrier's network, establishing a government-wide standard on performance and features of the network, consolidating the billing, and obtaining better discounts due to higher traffic volume. Every agency participating in this program will benefit from better service and lower costs. ; Master of Engineering