Suchergebnisse

Preface / Stefan Kröll, Andrea K. Bjorklund & Franco Ferrari -- Arbitration as a Dispute Resolution Process : Historical Developments / Florian Grisel -- Theories of International Arbitration / Emmanuel Gaillard -- Limitations to Party Autonomy in International Arbitration / Franco Ferrari & Friedrich Rosenfeld -- The Legal Framework of Arbitration: International and National Sources / Fabien Gélinas -- Particularities of Investment Arbitration / Andrea K. Bjorklund -- Human Rights in International Commercial and Investment Arbitration / Petra Butler -- Democracy and International Investment Law / Marc Bungenberg -- Investment Arbitration and the Rule of Law / August Reinisch -- Arbitration and the Development of Law / Giuditta Cordero-Moss & Daniel Behn -- Parties and Affected Others: Signatories and Nonsignatories in International Arbitration Agreements / Christopher R. Drahozal -- Third-Party Funders / Victoria Shannon Sahani -- Arbitrators / Stefan Wilske & Laura Bräuninger -- Arbitral Institutions / Andrea Carlevaris -- International Arbitration and Society At Large / Luke Nottage -- States as Participants in International Arbitration / Chester Brown -- International Commercial Arbitration and Private International Law / Luca G. Radicati Di Brozolo -- Lex Arbitri and Rules of Procedure / Christophe Bondy -- Applicable Law in Commercial Arbitration / Franco Ferrari & Friedrich Rosenfeld --Applicable Law in Investment Arbitration / Andrea K. Bjorklund & Lukas Vanhonnaeker -- The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law / Shahla Ali & Sabine Katrin Neuhaus -- Mandatory Law : International Commercial and Investment Treaty Arbitration / Monique Sasson -- Applicable Ethical Framework in Commercial and Investment Arbitration / Jonathan Brosseau -- The Arbitration Agreement : Legal Nature, the Contractual and the Jurisdictional Aspect / Christophe Seraglini & Julien Fouret -- The Various Forms of "Consent" in International Arbitration / Stavros Brekoulakis -- Protecting and Challenging the Arbitrator's Jurisdiction / Vladimir Pavić -- The Competence-Competence Principle's Positive Effect / Stefan Kröll & Elian Keller -- The Competence-Competence Principle's Negative Effect / John J. Barceló III -- The 'Separability' of the Agreement to Arbitrate / Alan Scott Rau -- Admissibility v. Jurisdiction / Jan Paulsson -- Settlement Efforts and Contract Adaptation by Arbitral Tribunals / Stefan Kröll & Thilo Kerkhoff -- Composition of the Arbitral Tribunal / R. Doak Bishop, Caline Mouawad & Jessica Beess and Chrostin -- Arbitrator's Contract / Kun Fan -- The Powers, Duties, and Rights of International Arbitrators / Andrea K. Bjorklund & Lukas Vanhonnaeker -- Secretaries to the Arbitral Tribunal / Jacomijn Van Haersolte-Van Hof & Mathew Stone -- The Role of Party Nominated Arbitrators v. That of the Chairperson / Sébastien Besson -- Implicit Consent and Unanticipated Risk in Class, Mass and Collective Arbitration / S.I. Strong -- The Principle of Equal Treatment in International Arbitration / Maxi Scherer, Dharshini Prasad & Dina Prokic -- Joinder of Third Parties / Chiara Giorgetti & Saud Aldawsari -- Evidentiary Issues in International Arbitration / D. Brian King & Elliot Friedman -- Provisional Measures by Arbitrators and Emergency Arbitrators / Christophe Seraglini & Julien Fouret -- Setting the Language (Or Languages) of Arbitration : and the Impact of Language-Related Imperfections in Post-Award Proceedings / Tibor Várady -- Role of State Courts in Supporting Arbitration / Christopher Kee & Gloria Alvarez -- Role of State Courts in Controlling Arbitration / David Holloway -- Interim Relief by State Courts / Christopher Boog -- Control of the Courts by Arbitration / N. Jansen Calamita & Dafina Atanasova -- Arbitrator Decision Makin : Heuristics and Other Unconscious Influences / Edna Sussman -- The Legal Nature of Arbitral Awards / Frédéric Bachand -- Turning Settlements Into Arbitral Awards / Patricia Shaugnessy -- Enforcement of Arbitral Awards Set Aside or Annulled at the Seat of Arbitration / Linda J. Silberman & Robert U. Hess -- Enforcement Against State and State Entities / Stefan Kröll & Miquel Mirambell Fargas -- The Law Applicable to Post-Award Issues / Geneviève Saumier -- Post Award Access to Justice Issues : Using Investment Treaties to Enforce Commercial Arbitration Awards / D. Brian King & Elliot Friedman -- Parallel Proceedings in International Commercial Arbitration / Francesca Ragno -- Res Iudicata in International Arbitration / George A. Berman -- International Arbitration and Transparency / Mark Feldman -- Contract and Treaty Interpretation in International Arbitration / Laurence Boisson De Chazournes & Elise Ruggeri Abonnat -- Weak Parties in International Arbitration / Friedrich Rosenfeld -- Arbitration and Insolvency / Stefan Kröll -- Global Governance's Inescapable Legitimacy Conundrum : A Call to Reform International Commercial Arbitration / Diego P. Fernández Arroyo & Alexandre Senegacnik -- Legitimacy of Investment Arbitration / Stephan W. Schill -- The Promise and Peril of Empiricism and International Investment Law Disputes / Susan D. Franck -- Sociology of Arbitrators / Michael Waibel -- Economic Analysis of Arbitration / Gerhard Wagner -- Teaching Arbitration / Ronald A. Brand -- European Union Law in Arbitration Proceedings : Status and Methods / Catherine Kessedjian -- The European Court of Human Rights and Arbitration / Ursula Kriebaum -- EU Law and Investment Arbitration / Richard Happ & Sebastian Wuschka.

The challenges of negotiating Brexit are daunting. As such, it does not bode well that Britain's post-referendum politics have been so bitter, polarised and volatile. An irony may be Britain's undoing. The country was asked a clear question ('Should the United Kingdom remain a member of the European Union or leave the European Union?') and gave a clear answer ('Leave'), and yet has no clear idea of what to do next. The process of leaving a union with which British politics, law and society has been intertwined for some 40 years is deeply complex. For one thing, the jilted party, the EU, must agree to the terms of separation, and do so in the two years allotted by Article 50 of the Lisbon Treaty, which Prime Minister Theresa May intends to invoke in the first quarter of 2017. But first, Britain must work out what it wants, and doing so is proving to be a bitter and divisive process. The problem with the EU referendum was that, in distilling so many issues into a single choice, it meant that people with different and sometimes contradictory interests could unite around the opposing poles This is a normal feature of democratic elections: not everyone supports a candidate or party for the same reasons. But in an election, candidates and parties produce policy statements and manifestos. For the referendum on Scottish independence, the Holyrood government published a 670-page White Paper on the shape of an independent Scotland, with the Scottish National Party speaking as the overwhelming favourite to govern that future country. In Britain's EU referendum, there was no such guide to the meaning of a vote to leave. The UK Independence Party (UKIP), though influential in some ways, remained a fringe concern. The campaign organisation given official recognition from the electoral commission, Vote Leave, was not a party, and produced no manifesto for negotiating Brexit save for a brief memo published eight days before the vote. Prior to that, Vote Leave had offered promises about the supposedly beneficial effects of leaving the EU, and the supposedly detrimental effects of remaining. At least one of each category - 'We will be able to save £350 million a week', and 'Turkey is one of five new countries joining the EU' - was false. To make things more complicated, Vote Leave was joined by the noisier and more radical Leave.eu, which had unsuccessfully campaigned for the electoral-commission designation. The net effect was that the Leave campaign as a whole was free to use whatever collection of arguments were tactically useful in winning the vote, whether or not they added up to a coherent position. It did so ruthlessly. When the economic case for leaving the European Union appeared to be unsupportable, the Leave campaign shifted to a focus on controlling immigration. Even here, there was room for incoherence: Leave campaigners, including Michael Gove (then the education secretary) and Boris Johnson (now foreign secretary) called for the introduction of an Australian-style points-based immigration system, even though Australia's per capita net immigration is higher than that of the UK. Regardless, much as Donald Trump's early and relentless focus on immigration served as a rallying point for his campaign for the Republican presidential nomination in the United States, this was an issue around which Leave voters could gather. Polling prior to the referendum campaign had shown that hostility to immigration was one of the best predictors of support for leaving the EU; 79% of those in favour of leaving agreed with the proposition that immigration is bad for the British economy, for example, compared with 21% of those in favour of remaining. The Leave campaign combined this energy with what were essentially spoiling tactics on the economic front - confronted with a list of British allies and domestic and global institutions opposed to Brexit, for example, Gove responded that 'people in this country have had enough of experts - and won a narrow, shocking but decisive victory. (Survival / SWP)

Settlement is human place to live and do various activities (Finch, 1980). Concept of settlement layout is closely associated with human and a set of thoughts and behaviors. In this case, idea of pattern of activities in a society that is core of a culture becomes main factor in process of formation of houses and environment in a settlement. Factors which affecting form (physical) of architecture in a settlement environment are socio-cultural, economic, and religious determinant factor that manifested architectural realization (Rapoport, 1969). Yogyakarta as the continuation of kingdom city in the Java Island finally exists as an Islamic kingdom that still remain to survive up to now. Impacts of this issue is appearance of various Moslem settlements to support typical character of an Islamic Kingdom. Mlangi is an area of oldest Moslem settlements in Yogyakarta has not been explored in details for progress especially in physical glasses recently. Everything basic group and individual who arrange houses and residences, starts from how it has spatial concept alone. Although concept is a very abstract thing to explain in details, but its existence can be detected by how they created their physical environment. This research conducted by these research questions: (1) What are spatial concepts owned by people in Mlangi and (2) How do spatial concepts owned by the people affect the settlements pattern? Process to search spatial concept owned by the people in Moslem residence, making Mlangi as study area, was approached by using phenomenological research method. The researcher have to self-involved directly in unstructured interviews, but remained in guideline framework of in interviews to make research process effective. Fistly, the researcher interviewed the key person, they are the head of Mlangi administration (pak Dukuh) in Mlangi and Sawahan. They were then give advices to who was capable person that could draw the spatial concept and had many story and knew the history of the settlements. Step by step of interview guided from one informant to next informant when the information had been told repeatedly. The next informant based on the last informant advice or who had close relationship with the last theme appeared. To complete the narration and draw the result of interview, researcher have to add additional information with photograph and descriptive picture that can be draw the settlement empirically. In process, 17 information units which found in field were consistent with sequence of interview events and flowing of theme to theme associated with Moslem residence of residence. Finally the interviews succeeded in abstracting 16 themes that may be classified into historic, socio-cultural, and spatial-concept dimensions in Mlangi. Process of analysis to find spatial concept owned by the people in Moslem settlements was carried out by dialogue of themes to find available substantive relationship. Four concepts successfully analyzed consist of concepts of personage, concept of religious implementation, concept of Jero-Jaba and concept of Interest. The four concepts are really associated with one and others in understanding how spatial concept owned by the people affects residence they occupy. Yet, concept of Jero-Jaba bases all concepts of people in Mlangi . This concept can be used to draw red yarn on how they utilize communal spaces in residence and layout rooms of their individual houses. This concept also eternalize residence patterns existing in Mlangi now where residence does not experience many changes from starting of this residence existence (from detection of generation currently still living), namely residence patterns concentrate on orientation to Masjid Pathok Negoro of Mlangi. This research was opening the potential research area, at least for the sociology, anthropology and demography research interest. So many unique character in Mlangi if looked at from how they maintain their spatial concept and manifested in their daily activities. How the people will concern only for the religious activities and the economic concern only for survival aspect in live. Keywords: spatial concept, moslem settlements, phenomenology method, Indonesia,

When Michael Harrington's The Other America: Poverty in the United States first appeared in bookstores in March 1962, its author had modest hopes for its success, expecting to sell at most a few thousand copies. Instead, the book proved a publishing phenomenon, garnering substantial sales (seventy thousand in several editions within its first year and over a million in paperback since then), wide and respectful critical attention, and a significant influence over the direction of social welfare policy in the United States during the decade that followed. By February 1964, Business Week noted, "The Other America is already regarded as a classic work on poverty." Time magazine later offered even more sweeping praise, listing The Other America in a 1998 article entitled "Required Reading" as one of the twentieth century's ten most influential books, putting it in such distinguished company as Sigmund Freud's Civilization and Its Discontents and Alexander Solzhenitsyn's The Gulag Archipelago. Harrington's own knowledge of poverty was, for the most part, acquired secondhand, as he would recount in two memoirs, Fragments of the Century (1973) and The Long Distance Runner: An Autobiography (1988). Born in 1928 in St. Louis, the only child of loving and moderately prosperous parents of sturdy Irish-Catholic lineage, educated at Holy Cross, Yale Law School, and the University of Chicago, he moved to New York City in 1949 to become a writer. In 1951, he joined Dorothy Day's Catholic Worker movement as a volunteer at its soup kitchen; there he got to know a small subset of the nation's poor, the homeless male alcoholics of New York City's Bowery district. Within a few years he left the Catholic Worker (and the Catholic Church) and joined the Young People's Socialist League, the youth affiliate of the battered remnants of the American Socialist Party, a party then led by Norman Thomas. A tireless organizer, prolific writer, skillful debater, and charismatic orator, Harrington succeeded Thomas as America's best-known socialist in the 1960s, just as Thomas had succeeded Eugene Debs in that role in the 1920s. Socialism was never the road to power in the United States, but socialist leaders like Debs, Thomas, and Harrington were, from time to time, able to play the role of America's social conscience. In the years since Harrington's death from cancer in 1989, at the age of sixty-one, no obvious successor to the post of socialist tribune in the Debs-Thomas-Harrington tradition has emerged. Harrington's most famous appeal to the American conscience, The Other America, was a short work (one hundred and eighty-six pages in the original edition) with a simple thesis: poverty in the affluent society of the United States was both more extensive and more tenacious than most Americans assumed. The extent of poverty could be calculated by counting the number of American households that survived on an annual income of less than $3,000. These figures were readily available in the census data, but until Harrington published The Other America they were rarely considered. Harrington revealed to his readers that an "invisible land" of the poor, over forty million strong, or one in four Americans at the time, fell below the poverty line. For the most part this Other America existed in rural isolation and in crowded slums where middle-class visitors seldom ventured. "That the poor are invisible is one of the most important things about them," Harrington wrote in his introduction in 1962. "They are not simply neglected and forgotten as in the old rhetoric of reform; what is much worse, they are not seen." That was then. Fifty years since the publication of The Other America the poor are still among us -- and in a testament to the lasting significance of Harrington's work, not at all invisible. Whether or not the poor exist is thus no longer a matter of debate; what if anything can be done to improve their condition remains at issue. Adapted from the source document.

In other words, Vidal has a good word for anyone who likes the sound of 'a final all-out war against the `System," or 'deliberately risks--and gives--his life to alert his fellow citizens to an onerous government.' In the end, McVeigh and bin Laden are pikers. 'Most of today's actual terrorists can be found within our own governments, federal, state, municipal.' 'Municipal' is a particularly nice touch: perhaps Vidal means police departments, though for all the care he takes he might just as well be alluding to death squads at work under cover of sanitation departments. If you wonder what might be a better society, Vidal helpfully offers up what he calls 'Tim's Bill of Rights,' which includes (a) no taxes, (b) metal-based currency, and (c) low legislative salaries. So much for political theory. HOWEVER, SPEAKING of (and in) abstractions, most of the contributors to South Atlantic Quarterly's 'Dissent from the Homeland' issue are happy to dwell in a realm where almost any proposition can be rendered acceptable. This special issue oscillates between the approaches of the two editors: the pacifism of the Protestant theologian Stanley Hauerwas and the leftist literary theory of Frank Lettricchia, both of Duke University. In most of the left-wing essays, we leave any recognizable world of life and death and plunge into a world of nothing but language. The dominant tone is sounded by practitioners of literary theory, for whom nothing is real, nothing to get hung about--except American militarism, American capitalism, America. Al-Qaeda is not much of an enemy, but bad interpretation is. Deadpan, the editors offer a translation of Jean Baudrillard's notorious Le Monde piece on the spirit of terrorism, with its claims that the American 'superpower ... through its unbearable power is the secret cause of all the violence percolating all over the world, and consequently of the terrorist imagination ...'; that 'We could even go so far as to say it is they who perpetrated the attack, but it was we who wished it'; and in a stunning crescendo, possibly the craziest sentence yet written about these awful events: 'When the two towers collapsed, one had the impression that they were responding to the suicide of the suicide-jets with their own suicide.' 'Even go so far...' Those are the operative words, and not just for Baudrillard, from whom one expects this sort of thing. We find in these pages Fredric Jameson's declaration that Osama bin Laden is 'the very prototype of the accumulation of money in the hands of private individuals'; Susan Willis's declaration that 'the great majority of the victims died in the service of global finance capital'; and the surmise of John Milbank, Frances Meyers Ball Professor of Philosophical Theology at the University of Virginia, that September 11 'may even have been a preemptive strike by some Islamic forces,' along with his Chomskyan claim that to understand the American reaction, 'one must ... ignore the pieties about the dreadfulness of terrorism,' since 'the West and Israel itself engage in or covertly support many acts of terror all over the globe ...' (Milbank also puts scare quotes around 'rights,' as in 'individual `rights." In this fastidiousness, he should find common cause with the Bush administration.) Amid predictable shots at Bush and theme park culture, few of the authors display any curiosity about the mass-murder squads that targeted the United States. This is Hamlet without the usurper king of Denmark--or rather, starring George Bush II as Claudius. Even the sober pacifist appeal by Rowan Williams, the Archbishop of Canterbury, puts language at the center. For thirty years, the conservators of literary theory have imagined that they are not only decoding culture but illuminating all of social reality. In the social sciences, the 'linguistic turn' emptied out life into a language game in which any proposition sounds about as sensible as any other. In this collection, it's theory that, like Baudrillard's imaginary towers, implodes.

To be sure, not just any attack will do: attacks from the left are dismissed as cranky, while religious conservative antifeminism, for all its political clout, has no media cachet. What flies is 'facts'--statistics and anecdotes drawn from biological, sociological, or psychological studies or from journalistic surveys--purporting to reveal that one or another aspect of the feminist project has unforeseen troubling consequences and that the quest to 'have it all' (that is, have as much as men take for granted) must bow to intractable limits. Bonus points if you can get the facts to show that failure to recognize those limits has hurt women themselves, not just children or society, so that it's in women's interest to rethink their aspirations. The journalists who publicize these reports usually do so with a sympathetic and sober mien: it's a shame women can't get what they want, but what can you do--facts are facts! Still, there's no denying the undercurrent of relish, characteristic of those who mouth the conventional wisdom but have never really reconciled themselves to it. Which is why, as feminist critics are quick to point out, reporters so eagerly swallow questionable 'facts' as well as interpretations that may be faulty even if the data are correct. The book proposes a number of legal and corporate reforms aimed at curbing the imperialistic claims of work on women's time, but these would hardly have inspired headlines like 'Baby Panic.' Rather, the irresistible hook is Hewlett's exhortation to women themselves: while she speaks of empowering young women with knowledge, giving them freedom to make the choices that will allow them to have work and children too, her practical advice boils down to Katha Pollitt's acerbic summary in the Nation: 'Spend your twenties snagging a husband, put your career on the back burner and have a baby ASAP.' Toward this end, the achievement-oriented, feminist-minded woman may need an attitude adjustment; Hewlett lauds the example of an interviewee who, in the middle of a grueling medical residency, hosted business dinners for her lover several times a week. (Reader, he married her.) Hewlett recognizes that men contribute to women's 'time crunch,' whether by asking them to host dinners or by not doing housework; she ruefully acknowledges their tendency to prefer 'younger, less-accomplished and more-easily-impressed women' to female peers with ambitions of their own. But she offers no proposals for changing male behavior; evidently it just comes with the y chromosome. Rhetorically, the dilemma reveals itself in the ubiquitous 'yes, but ...' construction of antibacklash critiques. Yes, the critics concede, Hewlett raises some real issues. Women do pay a price for achievement, and many do end up involuntarily childless. But ... Some of the 'buts' have to do with Hewlett's numbers (her claim that the 'vast majority' of childless professional women are unhappy about their state is based on the fact, of dubious relevance, that only 14 percent of her interviewees knew in college that they didn't want children; according to a study cited in the American Prospect, the only difference in the birth rates of high-achievers and working women in general reflects the former's greater reluctance to be single mothers). But mostly they add up to a defense of female achievers' priorities. We (that is, those of us who want children or male partners or both) would rather postpone childbearing till we're really ready and take our chances; would rather throw ourselves into our work and hold out for a man who will make room for it; would, indeed, rather be alone than like the hostess of those dinners, 'willing to surrender part of her own identity to enhance that of the man she wanted to be with.' Furthermore, we take responsibility for our choices and refuse to make melodrama out of the rough spots. We know the difference, as Joan Walsh put it in Buzzle.com, between 'an occasional twinge of regret and life-darkening despair.'.

It is argued that the 4 major new approaches, which inaugurated the modern version of communications res in the 1930's, are now withering away & that the 6 more recent minor approaches have not fulfilled early hopes. The 4 major approaches which produced many important empirical findings are: 'the pol'al approach, represented by H. D. Lasswell; the sample survey approach, represented by P. F. Lazarsfeld; the small-groups approach, represented by K. Lewin; & the exp'al approach, represented by C. A. Hovland.' In addition there are the reformist, broad historical, journalistic, mathematical, psycho-linguistic, & psychiatric approaches. In the 1st 3 of the major approaches 'the innovators have left or are leaving the field, & no new ideas of comparable scope & generating power are emerging.' Hovland & associates are providing solid empirical data but the variables are so numerous that the end is not in sight. There are, however, 7 current lines of work that may develop into major foci: (1) the combination of approaches: the Lasswell, Lazarsfeld & small group approaches in the current MIT program; (2) comparative national studies of opinions; (3) econ analyses of mass communication (COMM) systems; (4) socio-historical analyses of 'big issues;' (5) studies of COMM in popular culture; (6) studies of mass COMM activities; & (7) the practical problems to which the discipline can contribute answers. COMMENTS by Wilbur Schramm: Perhaps the legacy of the Lasswell-Lazarsfeld-Lewin-Hovl and contributions has been so great that we fail to give proper recognition to current signs of vitality in COMM's as indicated by: (a) the broad scale & continuing interest of sci'sts in COMM studies, & (2) the possibility of further developments by the surviving 'fathers' & their students. Moreover, Berelson possibly confuses men & approaches thereby assuming the latter to be dead when the particular proponent has gone or shifted interest. There is the prospect that improved approaches of the kinds mentioned in the hands of competent researchers will produce answers to the many signif remaining problems. COMMENTS by David Reisman: Though at an earlier time Berelson's views about the low state of COMM's res seemed to be unnecessarily pessimistic & possibly enducing a self-fulfilling prophecy, events since then have tended to support him. Berelson's views could hold equally well for other marginal fields such as culture-&-personality, institutional economics, & studies of character & society as in THE AUTHORITARIAN PERSONALITY. Perhaps the venturesome spirit of the bright young men of sci has been curbed by (i) an over-sensitivity to methodological pitfalls, & (ii) by 'the opening up of fields of theoretical work which offered at once quick pay-offs ... & elegant models for the meek & timid.' It seems that we are too sophisticated methodologically & theoretically to be enlightened by the sheer press of data.. There is a wide range of large scale problems that can be attacked by small-scale empirical sorties. 'Conceptual schemes, while essential & inevitable, can serve to alienate the worker from his material as well as bring him closer to it.' COMMENTS by Raymond Bauer: While it has become, perhaps, more difficult to differentiate COMM's res as such from related areas of interest, this may only mean that res has expanded, developed, & differentiated in the manner of a maturing field. Except for some of Laswell's work, 'the early period was not marked by great ideas but by diverse methodological approaches to the common area of COMM's: content analysis, survey res, small group dynamics, & systematic psychol'al experimentation.' As the advantages & limitations of each became revealed concern shifted to the substance of problems, for example, as is reflected in the study of PERSONAL INFLUENCE, & in the attempt to verify in the field the effects of COMM's observed in the Laboratory. Hence, only after the limitations of the early approaches were revealed was the complexity & substance of the problem recognized. There are some new ideas worthy of attention such as that while mass COMM's is often thought to influence att's, increasing recognition is given to the idea that attitudinal changes follow behavioral changes. Perhaps one should look for instances 'in which COMM's have capitalized on existing att's to produce behavior which, in turn, produces changes of att's.' C. M. Coughenour.