Part III Practice and Procedure, 14 Advocacy in International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Expert Testimony ◽  
The Other ◽  
Arbitral Tribunal ◽  
Witness Testimony ◽  
Mining Sector ◽  
Key Issues

Parties involved in an international mining dispute will want to make sure they are not only adequately represented by counsel, but have the best advocates possible. The effective presentation of the client’s claims and/or defences by counsel generally includes written advocacy (pleadings, memorials, and post-hearing submissions, if any); conveying the client’s position (i.e., “telling the story”) through written witness testimony or examination of the other side’s witnesses; and putting forth expert testimony on topics where such testimony may be necessary to help the arbitral tribunal understand key issues including, almost invariably, damages. This chapter discusses key advocacy concepts as they relate to mining disputes, with a particular focus on damages and valuation issues relevant to disputes in the mining sector.

scholarly journals AgFact: Linking farmers with facts

1997 ◽  
pp. 145-147
Author(s):  
G.I. Ogle ◽  
A.L. Craigie ◽  
M.J. Baker
Keyword(s):  
Service Sector ◽  
The Other ◽  
Information Need ◽  
End User ◽  
Information Base ◽  
The Public ◽  
High Profile ◽  
Key Issues ◽  
Distribution Chain

The AgLINK bulletin series dominated all agricultural and horticultural information publications from the late 1960s to the late 1980s, when it was discontinued. The collapse of such a high profile series raises questions about the viability of such a mechanism for linking farmers with facts. This failure highlights three key issues: the need to define and allocate the costs based on who benefits; the appropriate positioning of parties within the distribution chain; and a quality specification to which bulletins must adhere. We consider that AgFACT, the AgResearch pastoral agriculture information base which superseded AgLINK in 1997, should largely be cost neutral to science groups in AgResearch. However, the resources for providing information need to be met by science programmes, a cost which is outweighed by the opportunity to communicate with science stakeholders. The costs of distribution and retail need to fall with the other parties who benefit from the dissemination of this information - the retailer and the end user. We also consider that the role of AgResearch is in manufacture rather than sales to the public, which is best done by the agricultural service sector. AgFACT must maintain tight specifications, to ensure that it is relevant to farmers and other users, accurate and unbiased, and up to date. The penalty for not doing so is a loss of value and, moreover, a risk of it becoming a public liability. Keywords: AgFACT, AgLINK, agricultural information, information base, technology transfer

German Eugenics and the Wider World: Beyond the Racial State

2012 ◽  
Author(s):  
Paul Weindling
Keyword(s):  
Public Health ◽  
Welfare State ◽  
Ethnic Groups ◽  
Urban Growth ◽  
The Other ◽  
Racial Hygiene ◽  
Key Issues ◽  
Rapid Industrialization ◽  
The Individual ◽  
Size And Structure

This article discusses German eugenics as being incorporated of two strands, one racially oriented and the other welfare oriented. Eugenics in Germany was also characterized by its intention to reach out to a wider world of German colonies and German ethnic groups beyond the frontiers of the state. Key issues such as rapid industrialization and urban growth and associated changes in morbidity, family size and structure, and sexuality are addressed. The article outlines a system of public health in which eugenically-trained physicians served the race and nation rather than merely the individual. It provides an understanding of racial hygiene within the context of German imperialism, but the postwar loss of colonies, of territories to the new Polish state, creates a shift of focus within the new welfare state.

Part III The right To Terminate, 8 Express Rights of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
General Law ◽  
Key Issues ◽  
The Right ◽  
The Relationship

This chapter discusses express rights of termination. It is not always easy for a party to know for certain whether they are entitled to terminate or not. This is particularly so where the right in question depends on proof of fundamental breach or repudiation. For this reason, parties to a contract frequently, in the interests of certainty, make express provision for this by agreeing in advance that one or both of them may terminate if certain conditions are met. Such express rights of termination can depend on a wide variety of contingencies, but very frequently these will include a breach by the other party. Where this is the case, it is often difficult to distinguish termination under the express right from termination under the general law, particularly where the latter involves termination for breach of condition. The chapter then assesses four key issues with regard to express rights of this sort, most notably: (1) the relationship between express rights of termination and conditions at common law; (2) the requirements for the exercise of such rights; (3) the effect of termination under such a right; and (4) the problem of concurrent rights of termination.

scholarly journals Neo-liberalism and the Nordic welfare model: a study of the Liberal Alliance and ideological adaptation in Denmark

2016 ◽  
Vol 7 ◽  
Author(s):  
Troels Fage Hedegaard
Keyword(s):  
Welfare State ◽  
The Elderly ◽  
The Other ◽  
Mixed Methods Approach ◽  
Grass Roots ◽  
Liberal Ideology ◽  
Key Issues ◽  
Core Idea ◽  
Welfare Model ◽  
The Welfare State

This article explores whether and how the neo-liberal ideology has adapted to the Nordic welfare model by studying the attitudes of voters and grass-roots members of the Danish party Liberal Alliance towards the welfare state. This inquiry into one of the key issues for the neo-liberal ideology is inspired by theory on how an ideology will adapt to its context. The expectation outlined in the article is for the neo-liberals of this party to favour features that make the Nordic welfare model distinctive – extensive governmental responsibility, especially for children and the elderly, and a universalistic approach to providing welfare. I have explored this question using a mixed-methods approach, where I analyse a survey of voters and interviews with grass-roots members of the party. Combined this shows that the neo-liberals in Liberal Alliance do support a role for the welfare state that extends beyond a minimum welfare state, especially for the care of children, but they view old age and retirement mostly as a problem each individual must deal with. Regarding the universalistic approach to providing welfare, the neo-liberals seem torn between two different tendencies, one being a perception of a fair way to provide welfare and the other the idea of a selective welfare state as a neo-liberal core idea, which leads to ambivalent attitudes. I argue that this results in a form of the neo-liberal ideology that has adapted to the Nordic welfare model.

The permissible scope of witness testimony in arbitral hearings—five proposed rules

2020 ◽  
Author(s):  
Jörg Risse ◽  
Antje Baumann
Keyword(s):  
Soft Law ◽  
Arbitral Tribunal ◽  
Witness Testimony ◽  
Institutional Rules ◽  
Clear Cut ◽  
Witness Statement

Abstract At least one surprise occurs in every arbitral hearing. One of those surprises is when a witness testifies beyond what has been submitted in his written witness statement. Often, such ‘out-of-scope’ testimony is unexpected, astonishing, and crucial for the outcome of the case. Surprisingly, the adequate handling of such unexpected testimony is unchartered territory: neither arbitral statutes, institutional rules nor the ever-expanding arbitral soft law addresses this important issue. This article reviews if and when arbitral tribunal should permit or reject such ‘out-of-scope’ testimony. The article establishes five clear-cut rules to deal with that issue.

scholarly journals Key Issues: A Round Table Discussion

1993 ◽  
Vol 137 ◽  
pp. 776-786
Author(s):  
T.M. Brown ◽  
P. Demarque ◽  
R. Noyes ◽  
F. Praderie ◽  
I.W. Roxburgh ◽  
...  
Keyword(s):  
Observational Data ◽  
Round Table ◽  
The Other ◽  
Complete List ◽  
Round Table Discussion ◽  
Amount Of Information ◽  
Table Discussion ◽  
Key Issues ◽  
The Way

We have taken part to an exceptionally rich colloquium, characterized by a large amount of information in all fields of physics, and a remarkable collection of observational data. Our understanding of what is going on inside the stars has changed in a radical manner during the last years, on one side because the observations are bringing new kinds of information, and on the other side because theory in its development is taking into account a number of processes, some of them having been completely ignored only ten years ago.It is impossible to draw here a complete list of problems. There are many cases where some inconsistency could be found in the theory itself or some contradiction between observational data and theory. I recommended that such a list should be drawn carefully. The participants to the round table discussion will give their contribution, helping to open the way to new fields of research and to new discoveries.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

Of Coercion and Accommodation: Looking at Japanese American Imprisonment through a Law Office Window

2017 ◽  
Vol 35 (2) ◽  
pp. 277-319
Author(s):  
Eric L. Muller
Keyword(s):  
Justice System ◽  
The Other ◽  
Japanese American ◽  
Regulatory Relationship ◽  
Legal Advice ◽  
Left Behind ◽  
Key Issues ◽  
Detention Camps ◽  
The Many ◽  
The Relationship

Crucial to the implementation of the War Relocation Authority's (WRA) regulations of its detention camps for the uprooted Japanese American community of the West Coast were the WRA “project attorneys,” white lawyers stationed in the camps who gave legal advice to administrators and internees alike. These lawyers left behind a voluminous correspondence that opens a new window on the WRA's relationship with its prisoners, a relationship heretofore understood as encompassing coercion on one side and either compliance or resistance on the other. This article uses the voluminous correspondence of the project attorney at the Heart Mountain Relocation Center in Wyoming as a new lens for viewing the regulatory relationship between the WRA and the imprisoned community. It focuses on three of the many matters about which the project attorney gave advice: the design of the camp's community government, its criminal justice system, and its business enterprises. Evidence from this one law office suggests that on many key issues, the relationship between the WRA and the internees was marked not so much by coercion as by reciprocal accommodation, with each taking account of some of the preferences of the other. While the data are from just one of the ten WRA camps, they suggest a need to reconsider our understanding of how this American system of racial imprisonment operated.

Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007

2008 ◽  
Vol 23 (4) ◽  
pp. 601-642 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guyana/Suriname Case and two prompt-release-of-vessel judgments by the International Tribunal for the Law of the Sea. Outside the framework of the Convention, the International Court of Justice gave judgments in two maritime boundary cases—one on the merits (Nicaragua v. Honduras) and the other on jurisdiction (Nicaragua v. Colombia).

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