Suchergebnisse

The basic principles of the profession of lawyers -- Burden of reasonableness in the office of lawyers -- International frame of justice within the profession of lawyers -- Duty of the defence team to present the bare truth -- Defending international crimes through the absence of apparent motive -- Conundrums facing international criminal lawyers -- Massive violation of morality by lawyers -- Cross-examination of the position of lawyers -- Conclusion.

Although international students comprise a significant percentage of the college population, limited attention is directed to their safety needs. This study measured the experiences and perceptions of campus safety among international college students in the United States. The researchers sampled participants from institutions around the country, who self-identified as international students. A researcher-developed 53-item Likert scale questionnaire, the International College Students' Safety Questionnaire (ICSSQ), was administered to the sample. Findings from the exploratory factor analysis provided preliminary evidence for a four-factor solution for the 26-item ICSSQ with adequate internal consistency. Salient demographic variables, such as, nationality, college status and perceived proficiency in English, were found to be significantly linked to derived factor scores. Implications for institutional adoption of this instrument, along with limitations and directions for future research are included.

PurposeThe purpose of this paper is to bridge the disciplinary divide between international finance and international business (IB) to realign academic research with business reality in which strategy and finance align to determine firms' success or failures.Design/methodology/approachThe authors discuss theoretical differences between the fields of international finance and IB strategy that caused the fields to develop in isolation with little fertilization across disciplines. The authors review scarce interdisciplinary contributions between the fields. Finally, the authors identify complementarities that suggest fruitful avenues for future research.FindingsThe authors find a persistent disconnect between finance and strategy/IB literature that can be explained by fundamentally different aims and assumptions about the markets. While finance theory seeks to explain typical effects under functioning markets, strategy and IB theories focus inherently on exceptional effects and market inefficiencies.Research limitations/implicationsThe fundamental theoretical differences that isolate finance and strategy/IB create avenues for interdisciplinary research that harness the complementarities of the two disciplines. These include strategic aspects of capital structure, internal capital market inefficiencies, corporate governance, capital market liability of foreignness and institutional aspects of financial management.Practical implicationsWith this paper, the authors not only bring academic researchers in finance and strategy closer to corporate practice. The theoretical discussion also challenges the functional blind spots of practitioners and encourages more holistic decision-making.Social implicationsChallenging market functioning and recognizing market inefficiencies using strategy and IB foundations connects financial economics with non-market topics such as environment, society and governance or impact investing.Originality/valueThe value and originality of the paper come from the qualitative, epistemological approach to study and analyse the divide between international finance and strategy/IB scholarship.

The protection of commercial agents under Directive 86/653 in international cases raises questions of private international law. Here, several different fact situations are analysed: In, first, the normal single market case where commercial agent and principal both are active in Member States, Article 3 (4) Reg. Rome I assures protection of the commercial agent even where the law of a third country has been chosen by the parties. Where, second, the principal is from a third state but the commercial agent is active in the single market, the European Court of Justice (ECJ) in Ingmar has ruled that the protection according to the Directive applies. Its rules then should be considered as overriding mandatory provisions in the sense of Article 9 Reg. Rome I. Where, third, the protection provided for by the Directive has in Member State law been extended to commercial agents not covered by the Directive, this extended protection according to the UNAMAR judgment of the ECJ may under certain conditions override even the law of another Member State – and the Belgian Court of Cassation has actually decided in this sense. In the specific case, though, the result is odd and apparently helped to oust an arbitration clause. Fourthly, in case of an extra-EU commercial agent and an EU-principal, according to the ECJ case Agro the protection foreseen by the Directive need not necessarily be granted to the foreign commercial agent by the applicable Member State law. This, according to the ECJ, even is the case where the EU-provisions have been transplanted into the legal system of the third state where the commercial agent is active. It is shown that this is very questionable and that the third state rule can – similarly to Ingmar – be an overriding mandatory provision. The restrictive Article 9 (3) Reg. Rome I here poses some problems, which, however, can be overcome. The Belgian Enterprise Court in Ghent in fact used Article 7 Rome Convention

Scholarly work on international mediation suggests that how third parties mediate influences the resolution of armed conflicts. However, our understanding of what explains mediator style is limited. This dissertation addresses this gap by offering the first systematic study on explanations for mediator styles at the level of the individual. It explores the research question: what explains mediator styles of individuals mediating for peacemaking organizations in armed conflicts? Mediator style is studied as themes in goals and behaviors along two dimensions: directiveness and orientation. Directiveness covers a mediator's use of leverage and varies from non-directive to directive, while orientation covers a mediator's prioritized type of outcome and varies from relationship-oriented to settlement-oriented. The dissertation develops a theoretical framework on the effects of conflict context and mediator characteristics on mediator style. It formulates a set of theoretical expectations concerning how context in the form of conflict intensity, and characteristics such as the mediator's background profile and personality, influence mediator style. The framework is evaluated and developed based on the findings of a mixed-method design combining a survey experiment and 46 semi-structured in-depth interviews with a broad variety of IGO and NGO mediators. The results on context suggest that high-intensity conflicts make mediators on average more directive than low-intensity conflicts as a result of heightened humanitarian concerns. Furthermore, on characteristics, high-profile mediators are shown to be overall more settlement-oriented than low-profile mediators as a result of their views on conflict causes and mediator accountabilities. These findings are complemented with evidence for contingent relationships between conflict intensity, mediator personality and directiveness as well as conflict intensity, mediator profile and orientation. The study thus contributes with a refined understanding of the mediator styles of international mediators that both facilitates its further scholarly exploration and provides input to the practice of peacemaking.

rezensiertes Werk: Zimmermann, Andreas (Hrsg.): Deutschland und die internationale Gerichtsbarkeit, Vortragsreiheam Walther-Schücking-Institut für Internationales Recht an der Universität Kiel im WS 2002/03 und SS 2003. (Veröffentlichung des Walther- Schücking-Instituts für Internationales Recht an der Universität Kiel ; Bd. 149).- Berlin :Duncker & Humblot, 2004. - 118 S. ISBN 3-428-11706-9

Summary: Recent events in Ukraine related to Russia's impact on some regions of this country, raised concerns in the international security environment, not only focused on this region, but in a broader, international aspect. Complex internal situation of Ukraine, as well as Kremlin's aspirations to constant strengthening its position as a major player on the international politics stage, caused a stalemate in a resolution of such serious problem that is jeopardizing the security of not only Ukraine, but international as well.