Different but similar?: Comparing the IBA Rules on the taking of evidence with the Prague Rules

Author(s):  
Rekha Rangachari ◽  
Kabir Duggal

Abstract Until recently, the most common source concerning the taking of evidence in international arbitrations has been the International Bar Association (IBA) Rules on Taking of Evidence in International Arbitration. The IBA Rules have been updated periodically including most recently in 2020 demonstrating its flexibility and wide acceptance. However, rising concerns about costs and delays due to the adversarial nature of the IBA Rules has led to increasing scrutiny and criticism. A consequence of these criticisms was the formation of the Working Group that led to the creation of the Rules on the Efficient Conduct of Proceedings in International Arbitration (the ‘Prague Rules’). This article seeks to discuss the differences between the IBA Rules and the Prague Rules with a focus on the evidentiary process. Both set of rules begin with differing starting assumptions. However, we argue that the IBA Rules and the Prague Rules, while emerging from, and representing the ideals of two different legal systems, have a lot in common. The difference may not ultimately be as wide as one might initially envision.

Author(s):  
Rogers Catherine A

This chapter discusses concerns regarding ethical differences in international arbitration. Traditionally, transnational disputes have been addressed via the attorneys' native legal systems; however, in an increasingly expanding field, there occur contentions of intelligibility within international arbitration. Such issues highlight the need for international standards, although naysayers have pointed out that overcoming cultural and ethical differences in coming to a consensus on an ethical issue are moot. Fortunately, there have been no significant ethical controversies to date, however, which cannot be taken for granted. Furthermore, certain efforts have been undergone in order to provide a baseline from which a standardized form of arbitration can grow, most notably the guidelines initiated by the International Bar Association (IBA), among others. To maintain its independence, legitimacy, and effectiveness, international arbitration needs to develop meaningful self-regulation of attorney ethics.


Author(s):  
Shahla Ali

The inevitable interaction of legal and quasi-legal systems and norms across territorial borders not only impacts individuals as members of multiple communities (both territorial and nonterritorial), it also has implications for the conduct of cross-border arbitration. This chapter charts emerging non-state-based norms as applied in the context of international arbitration. It addresses how arbitral bodies can and do use nonstate standards in adjudication including industry standards, customs, and practices and how national courts uphold such applications. Over time, resort to these various quasi-legal standards is contributing to the creation of a transnational set of norms that is reshaping the global arbitral system.


Author(s):  
Azhari Amri

Film Unyil puppet comes not just part of the entertainment world that can be enjoyed by people from the side of the story, music, and dialogue. However, there is more value in it which is a manifestation of the creator that can be absorbed into the charge for the benefit of educating the children of Indonesia to the public at large. The Unyil puppet created by the father of Drs. Suyadi is one of the works that are now widely known by the whole people of Indonesia. The process of creating a puppet Unyil done with simple materials and formation of character especially adapted to the realities of the existing rural region. Through this process, this research leads to the design process is fundamentally educational puppet inspired by the creation of Si Unyil puppet. The difference is the inspiring character created in this study is on the characters that exist in urban life, especially the city of Jakarta. Thus the results of this study are the pattern of how to shape the design of products through the creation of the puppet with the approach of urban culture.


The analysis of integration of the legal systems of states in the American region is held. In the Southern subregion, a combination of integration and disintegration in cooperation of states led to the creation of two integration entities – MERCOSUR and the Andean Community (AC), in the Northern subregion – NAFTA. The author concludes that the convergence on the American continent, especially using the integration method, helped to implement a special scenario in the southern part of this continent – the meta-integration scenario, with the creation of the Union of South American Nations, uniting the Andean Community and MERCOSUR – something resembling a European one, but at the same time different from it. UNASUR is an effective mechanism for bringing together and integrating the states of the South American continent. Within this Union with notable leadership of Brazil and Argentina the first steps in the direction of the foreign policy integration of the member states are traced. In terms of economic integration, the Union uses the achievements of the AC and MERCOSUR, unifying the legal regulators in the economic sphere and bringing rapprochement to the legal systems of the member states.


2021 ◽  
Vol 19 (1) ◽  
pp. 147470492098780
Author(s):  
Menelaos Apostolou ◽  
Yan Wang

Keeping an intimate relationship is challenging, and there are many factors causing strain. In the current research, we employed a sample of 1,403 participants from China and Greece who were in an intimate relationship, and we classified 78 difficulties in keeping an intimate relationship in 13 factors. Among the most common ones were clinginess, long work hours, and lack of personal time and space. Clinginess was reported as a more common source of relationship strain by women, while bad sex was reported as a more common source of relationship strain by men. Fading away enthusiasm, bad sex, infidelity and children were reported as more important by older participants, while lack of personal time and space, and character issues were reported as more important by younger participants. The factor structure was similar in the Greek and in the Chinese cultural contexts, but there were also differences. In addition, there were significant interactions between the sample and the sex. For instance, for the non-monogamous factor, men gave higher scores than women in both samples, but the difference was much more pronounced in the Greek sample.


Literator ◽  
1992 ◽  
Vol 13 (1) ◽  
pp. 15-28 ◽  
Author(s):  
H. Viljoen

This article is an attempt to outline the difference between Breytenbach's poetic method and that of the Symbolists. Although it touches on aspects of the symbolist poetic method like the rich suggestiveness, the creation o f a meaningful alternative world (and the effort of doing this), it focuses mainly on Breytenbach’s use of metaphor to create an impossible alternative world in a poem, only to relativize and destroy it again in the end. This process is illustrated in an analysis of poem 8.1 from Lotus. This analysis also shows up five well-known cardinal traits of Breytenbach’s poetry, viz. its carnality, the universal analogy between body, cosmos and poetry and the great emphasis on journeys, discoveries and transformations by means of language. It is also claimed that the Zen-Buddhisi Void plays an analogous role in Breytenbach's poetry to the theory of correspondances in the Symbolists: it is a rich source of metaphor. Breytenbach's poetry shows a strong duality between the present world and a meaningful alternative sphere. Being in and of this alternative sphere only aggravates the poet’s isolation (a typically symbolist trait), making him literally and figuratively an exile, as exile poems like "tot siens, kaapstad" (see you again, cape town) and "Walvis in die berg" (Whale on the mountain) and, of course, his prison poetry, clearly show.


Author(s):  
Rolando Vazquez ◽  
Miriam Barrera Contreras

RESUMEN Hay que pensar la decolonialidad en relación a las artes. En esta entrevista exploramos cómo las artes decoloniales se diferencian de la estética moderna/colonial. La decolonización de la estética conlleva la liberación de a la aiesthesis, es decir de las formas de relacionarnos con el mundo y de hacer mundo a través de los sentidos. La aiesthesis decolonial se distingue de los principios del arte contemporáneo y en particular de su sujeción a la temporalidad moderna, abriéndonos hacia las temporalidades relacionales. Los artistas decoloniales ejercen una temporalidad distinta que conlleva no sólo una crítica radical al orden de la representación y de la visualidad modernas sino que también nos dan la posibilidad de entender a la decolonialidad cómo un movimiento cargado de esperanza, cargado de la posibilidad de nombrar y vivenciar los mundos interculturales que han sido negados. PALABRAS CLAVE Decolonialidad, tiempo relacional, esperanza, cuerpo, interculturalidad KAI SUTI AESTHESIS ÑAGPAMANDA KAUSAKUNA TUKUIKUNAWA TAPUCHI SUG RUNATA ROLANDO VÁSQUEZ SUTITA SUGLLAPI Kaipi kawachinakumi iska ruraikuna ñugpamanda chasallata kunaurramanda. Kai suti aiesthesis, kawachiku imasami pai kawa kawachimanda ukusinama paipa iuaikunawa. Aiesthesis kame tukuikunamanda sugrigcha.Lsx artistxs kawachinakumi ñugpamanda kausikuna munankuna kawachingapa charrami kausanakunchi parlanakumi ñugpata imasami mana lisinsiaskakuna allí ruraikuna tukuikunamanda. IMA SUTI RIMAI SIMI: Ñugpamanda, parlaikuna sullai, nukanchi kikin, tukuikuna. DECOLONIAL AESTHESIS AND THE RELATIONAL TIMES. INTERVIEW WITH ROLANDO VÁSQUEZ ABSTRACT We have to hink the decoloniality in relation with the arts. This interview explores the difference between the modern/colonial aesthetic and the decolonial arts. The aesthetic decolonization leads to the release of the aesthesis, ergo it relates in every way to the connection and creation of a world through the senses. The decolonial aesthesis is particularly different from the contemporary art principles in the way it grasps the modern temporality consenting the creation of a path toward relational temporalities. The decolonial artists exercise a different temporality that results in not only a radical criticism to the modern representation and visuality but it makes possible to understand the decolonialization as a hopeful movement, full of possibilities for naming and experiencing neglected intercultural worlds. KEYWORDS Decolonialization, relational time, hope, body, interculturality ESTEHÉSIE DÉCOLONIALE ET LE TEMPS RELATIONNELS. ENTRETIEN À ROLANDO VASQUEZ RÉSUMÉ Il faut penser la décolonisation en relation aux arts. Dans cet entretien on explore comment les arts décoloniaux sont différents de l’esthétique moderne-coloniale. La décolonisation de l’esthétique entraîne la libération de l’estehésie, c’est-à-dire, la libération des façons de nous mettre en relation avec le monde et d’en créer un nouveau à travers les sens. L’estehésie décoloniale se différence des principes de l’art contemporain, principalement pour son fixation à la modernité en nous emmenant vers les temporalités relationnelles. Les artistes décoloniaux exercent avec une temporalité qui n’implique pas juste une critique radicale à l’ordre de la représentation et de la vision moderne, mais aussi de la possibilité de comprendre la décolonisation comme un mouvement plein d’espoir, chargé d’une possibilité de nommer et de mettre en relief les interculturalités qu’ont été niées. MOTS-CLEFS Décolonisation, temps relationnels, espoir, corps, interculturalité ESTESIA DESCOLONIAL E O TEMPO RELACIONAL ENTREVISTA A ROLANDO VAZQUEZ RESUMO Temos que pensar a descolonização em relação as artes. Nesta entrevista é explorado como as artes descoloniais são diferentes da estética moderna-colonial. A descolonização da estética conduz a emancipação da estesia, isto é, das formas de relacionamento com o mundo e da fôrma de fazer mundo a partir dos sentidos. A estesia descolonial distinguese dos princípios da arte contemporânea particularmente pela fixação o tempo moderno, abrindo-nos para a temporalidades relacionales. Os artistas descoloniais exercem uma temporalidade diferente que implica não só uma crítica radical à ordem da representação e à visão moderna, mas também à possibilidade de entender a descolonização como um movimento cheio de esperança, carregado da possibilidade de designar e viver os mundos interculturais que foram negados. PALAVRAS CHAVES Descolonização, esperança, tempo relacional, fôrma, intercultural.   Recibido el 20 de enero de 2015 Aceptado el 26 de febrero de 2015


Author(s):  
Gil Nelson ◽  
Deborah L Paul

Integrated Digitized Biocollections (iDigBio) is the United States’ (US) national resource and coordinating center for biodiversity specimen digitization and mobilization. It was established in 2011 through the US National Science Foundation’s (NSF) Advancing Digitization of Biodiversity Collections (ADBC) program, an initiative that grew from a working group of museum-based and other biocollections professionals working in concert with NSF to make collections' specimen data accessible for science, education, and public consumption. The working group, Network Integrated Biocollections Alliance (NIBA), released two reports (Beach et al. 2010, American Institute of Biological Sciences 2013) that provided the foundation for iDigBio and ADBC. iDigBio is restricted in focus to the ingestion of data generated by public, non-federal museum and academic collections. Its focus is on specimen-based (as opposed to observational) occurrence records. iDigBio currently serves about 118 million transcribed specimen-based records and 29 million specimen-based media records from approximately 1600 datasets. These digital objects have been contributed by about 700 collections representing nearly 400 institutions and is the most comprehensive biodiversity data aggregator in the US. Currently, iDigBio, DiSSCo (Distributed System of Scientific Collections), GBIF (Global Biodiversity Information Facility), and the Atlas of Living Australia (ALA) are collaborating on a global framework to harmonize technologies towards standardizing and synchronizing ingestion strategies, data models and standards, cyberinfrastructure, APIs (application programming interface), specimen record identifiers, etc. in service to a developing consolidated global data product that can provide a common source for the world’s digital biodiversity data. The collaboration strives to harness and combine the unique strengths of its partners in ways that ensure the individual needs of each partner’s constituencies are met, design pathways for accommodating existing and emerging aggregators, simultaneously strengthen and enhance access to the world’s biodiversity data, and underscore the scope and importance of worldwide biodiversity informatics activities. Collaborators will share technology strategies and outputs, align conceptual understandings, and establish and draw from an international knowledge base. These collaborators, along with Biodiversity Information Standards (TDWG), will join iDigBio and the Smithsonian National Museum of Natural History as they host Biodiversity 2020 in Washington, DC. Biodiversity 2020 will combine an international celebration of the worldwide progress made in biodiversity data accessibility in the 21st century with a biodiversity data conference that extends the life of Biodiversity Next. It will provide a venue for the GBIF governing board meeting, TDWG annual meeting, and the annual iDigBio Summit as well as three days of plenary and concurrent sessions focused on the present and future of biodiversity data generation, mobilization, and use.


2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Qurotul Nguyun

Research on the differences Between Students Morality that is a Rasta and Non Rasta Mu'allimat Cukir College Diwek Mts Jombang. The purpose of  research is to know the morality of students are santri, to know the morality of non-status santri, and students to do know the difference between students of morality that is a Rasta and non Rasta in Mts College Mu'allimat cukir diwek stubs.This research uses a quantitative approach with design research Ekspost Facto with the kind of research field comparisons/Man Whitne, study researchers use research instrument in the creation of research instrument must be passing the test validity and  reliability in advance so that the instrument can be trusted their validity. By using purposive sampling, taking of the sample into account the techniques students are santri and non santri of students, 50 students comprising students are santri and students who are non santri.After the analysis, it was shown that the Sig value, 0.199> 0.05, which means H0 was accepted and HA was rejected, which means there was no difference in student morality between students with non-santri status in MTs of the Mualimat Cukir Diwek  in Jombang. Keywords: morality of students, students, non-santri


2019 ◽  
pp. 89-126
Author(s):  
Alf Ross

This chapter identifies the ideology of the sources of law in the sense of determining the general sources through which judges form their beliefs about the validity of individual legal rules. In accordance with the norm-descriptive perspective, the focus is on identifying the ideology of the sources of law that is actually held by judges. As part of scientifically valid law, the ideology of the sources of law varies from one legal system to another. The task for general legal theory can therefore only consist in stating and characterizing certain general types of sources of law, which experience tells us are found in all well-developed legal systems where they are found to determine how courts proceed in their search for the norms on which they base their decision. This chapter identifies four such sources of law and considers the degree of objectification or positivization possessed by each of these types of sources. Specifically, it discusses the completely objectivized type of source: authoritative formulations (legislation in its widest sense); and the partially objectivized types of source: precedent and custom; and the non-objectivized, ‘free’ type of source: ‘cultural tradition’ or ‘the nature of the matter’. Countenancing the latter as a scientifically valid source of law, is further argued to highlight the difference between the author’s legal realist perspective and the formalist perspective characteristic of legal positivism.


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