Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements

Author: Richard H. Kreindler

Publisher: BRILL

ISBN: 9004257551

Category: Law

Page: N.A

View: 8925

Also available as an e-book Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

Closing the Gap in a Generation

Health Equity Through Action on the Social Determinants of Health : Commission on Social Determinants of Health Final Report

Author: World Health Organization

Publisher: World Health Organization

ISBN: 9241563702

Category: Medical

Page: 246

View: 7817

The Commission on Social Determinants of Health was set up by former World Health Organization Director-General J.W. Lee. It was tasked to collect, collate, and synthesize global evidence on the social determinants of health and their impact on health inequity, and to make recommendations for action to address that inequity.

The State and Illegality in Indonesia

Author: E. Aspinall,G. van Klinken

Publisher: BRILL

ISBN: 9004253688

Category: SOCIAL SCIENCE

Page: 340

View: 315

The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate.

El desarrollo sostenible, una guía sobre nuestro futuro común

El informe de la Comisión Mundial sobre el Medio Ambiente y el Desarrollo

Author: World Commission on Environment and Development

Publisher: IICA Biblioteca Venezuela

ISBN: 9780192820808

Category: Nature

Page: 383

View: 6660

Discusses population growth, food production, energy, industry, and urban development, and suggests ways to promote economic growth while protecting the environment.

Plunder

When the Rule of Law is Illegal

Author: Ugo Mattei,Laura Nader

Publisher: John Wiley & Sons

ISBN: 0470695803

Category: Social Science

Page: 296

View: 4193

Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

Natural Resources and Violent Conflict

Options and Actions

Author: Ian Bannon,Paul Collier

Publisher: World Bank Publications

ISBN: 9780821355039

Category: Nature

Page: 409

View: 6186

Research carried out by the World Bank on the root causes of conflict and civil war finds that a developing country's economic dependence on natural resources or other primary commodities is strongly associated with the risk level for violent conflict. This book brings together a collection of reports and case studies that explore what the international community in particular can do to reduce this risk.; The text explains the links between natural resources and conflict and examines the impact of resource dependence on economic performance, governance, secessionist movements and revel financing. It then explores avenues for international action - from financial and resource reporting procedures and policy recommendations to commodity tracking systems and enforcement instruments, including sanctions, certification requirements, aid conditionality, legislative and judicial instruments.

The Transformation of Occupied Territory in International Law

Author: Andrea Carcano

Publisher: BRILL

ISBN: 9004227881

Category: Law

Page: 570

View: 7575

Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.

Deals and Development

The Political Dynamics of Growth Episodes

Author: Lant Pritchett

Publisher: Oxford University Press

ISBN: 0198801645

Category: Business & Economics

Page: 400

View: 6021

When are developing countries able to initiate periods of rapid growth and why have so few of these countries been able to sustain growth over decades? Deals and Development: The Political Dynamics of Growth Episodes seeks to answer these questions and many more through a novel conceptual framework built from a political economy of business-government relations. Economic growth for most developing countries is not a linear process. Growth instead proceeds in booms and busts, yet most frameworks for thinking about economic growth are built on the faulty assumption that a country's economic performance is largely stable. Deals and Development explains how growth episodes emerge and when growth, once ignited, is maintained for a sustained period. It applies its new framework to examine the growth of countries across a range of institutional and political contexts in Africa and Asia, using the examples of Bangladesh, Cambodia, India, Malaysia, Thailand, Ghana, Liberia, Malawi, Rwanda and Uganda. Through these country analyses it demonstrates the explanatory power of its framework and the importance of feedback cycles in which economic trends interact with political behaviour to either sustain or terminate a growth episode. Offering a lens through which to analyse complex scenarios and unwieldy amounts of information, this book provides actionable levers of intervention to bring around reform and improve a country's chance at achieving transformative economic growth.

Unilateral Acts of States in Public International Law

Author: Przemyslaw Saganek

Publisher: BRILL

ISBN: 9004274618

Category: Law

Page: 670

View: 2105

In Unilateral Acts of States in Public International Law Przemysław Saganek discusses an important source of States’ obligations. The aim is to discover the nature of unilateral acts and possibilities of codifying them in a single set of rules.

Compensation and Restitution in Investor-State Arbitration

Principles and Practice

Author: Borzu Sabahi

Publisher: Oxford University Press

ISBN: 0199601186

Category: Business & Economics

Page: 256

View: 5981

This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.

To Do Justly

Author: Florence Ellinwood Allen

Publisher: Cleveland : Press of Western Reserve University

ISBN: N.A

Category: Judges

Page: 201

View: 6409

Encyclopedia of Crime and Punishment

Author: David Levinson

Publisher: SAGE

ISBN: 9780761922582

Category: Social Science

Page: 1914

View: 1186

"Authoritative and comprehensive, this multivolume set includes hundreds of articles in the field of criminal justice. Impressive arrays of authors have contributed to this resource, addressing such diverse topics as racial profiling, money laundering, torture, prisoner literature, the KGB, and Sing Sing. Written in an accessible manner and attractively presented, the background discussions, definitions, and explanations of important issues and future trends are absorbing. Interesting sidebars and facts,reference lists, relevant court cases, tables, and black-and-white photographs supplement the entries. Appendixes cover careers in criminal justice, Web resources, and professional organizations. A lengthy bibliography lists relevant works."--"The Best of the Best Reference Sources," American Libraries, May 2003.

The Law's Delay

Essays on Undue Delay in Civil Litigation

Author: C. H. van Rhee

Publisher: Intersentia nv

ISBN: 9050953883

Category: Law

Page: 398

View: 6864

Papers from a conference organised by Maastricht University Faculty of Law on 24-25 April 2003.

Behold a Pale Horse

Author: William Cooper

Publisher: Light Technology Publishing

ISBN: 9781622335022

Category: Social Science

Page: N.A

View: 5885

Bill Cooper, former United States Naval Intelligence Briefing Team member, reveals information that remains hidden from the public eye. This information has been kept in Top Secret government files since the 1940s. His audiences hear the truth unfold as he writes about the assassination of John F. Kennedy, the war on drugs, the Secret Government and UFOs. Bill is a lucid, rational and powerful speaker who intent is to inform and to empower his audience. Standing room only is normal. His presentation and information transcend partisan affiliations as he clearly addresses issues in a way that has a striking impact on listeners of all backgrounds and interests. He has spoken to many groups throughout the United States and has appeared regularly on many radio talk shows and on television. In 1988 Bill decided to "talk" due to events then taking place worldwide, events which he had seen plans for back in the early '70s. Since Bill has been "talking," he has correctly predicted the lowering of the Iron Curtain, the fall of the Berlin Wall and the invasion of Panama. All Bill's predictions were on record well before the events occurred. Bill is not a psychic. His information comes from Top Secret documents that he read while with the Intelligence Briefing Team and from over 17 years of thorough research. "Bill Cooper is the world's leading expert on UFOs." -- Billy Goodman, KVEG, Las Vegas. "The onlt man in America who has all the pieces to the puzzle that has troubled so many for so long." -- Anthony Hilder, Radio Free America "William Cooper may be one of America's greatest heros, and this story may be the biggest story in the history of the world." -- Mills Crenshaw, KTALK, Salt Lake City. "Like it or not, everything is changing. The result will be the most wonderful experience in the history of man or the most horrible enslavement that you can imagine. Be active or abdicate, the future is in your hands." -- William Cooper, October 24, 1989.

Hazard Or Hardship

Crafting Global Norms on the Right to Refuse Unsafe Work

Author: Jeffrey Hilgert

Publisher: Cornell University Press

ISBN: 0801451892

Category: Law

Page: 207

View: 2964

Hilgert finds that the protection of the right to refuse unsafe work, as constituted under international labor standards, is a failure and calls for a reexamination of worker health and safety policy from the ground up.

Participatory Forestry

The Process of Change in India and Nepal

Author: Mary Hobley

Publisher: N.A

ISBN: 9780850032048

Category: Community forests

Page: 337

View: 5277

The Secession of States and Their Recognition in the Wake of Kosovo

Author: John Dugard

Publisher: BRILL

ISBN: 9004257497

Category: Law

Page: N.A

View: 7022

Also available as an e-book The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).