Inter-State Arbitration in Historical Perspective

2020 ◽  
pp. 842-873
Author(s):  
Alexis Keller
Keyword(s):  
Dispute Settlement ◽  
Fourth Moment ◽  
International Dispute ◽  
Major Turning Point ◽  
History Of ◽  
Jay Treaty ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Inter State

This chapter identifies the principal moments when the definition of arbitration and the institutions and techniques associated with it underwent major changes. It specifically highlights inter-state arbitration, yet its proposed historical lessons illuminates the entire field of international dispute settlement. This history can be divided into five distinct moments. The first, which could be described as the ‘Greek moment’, refers to the systematic use of arbitration by Greek cities to resolve their conflicts. The second, covering the period between 1200 and 1400 ad, witnessed the emergence of the first arbitration procedures under the influence of canonical law and acknowledged the growing power of the popes in the settlement of disputes between states. The third, marked by the Jay Treaty of 1794, initiated a major turning point in the history of arbitration, as it confirmed the role of diplomatic commissions in the peaceful resolution of disputes. The fourth moment, which began with the Alabama case (1871), saw the establishment of the first impartial and independent tribunal. Finally, the fifth moment began with the setting up of the Permanent Arbitration Court in 1899 and the harmonization of arbitration procedures.

General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

The Rise and Fall of the French Agences de l’Eau: From German-Type Subsidiarität to State Control

2018 ◽  
Vol 04 (03) ◽  
pp. 1850013 ◽  
Author(s):  
Bernard O. Barraqué ◽  
Patrick Laigneau ◽  
Rosa Maria Formiga-Johnsson
Keyword(s):  
River Basin ◽  
River Basin Management ◽  
State Control ◽  
Integrated Water Management ◽  
Water Users ◽  
Basin Scale ◽  
History Of ◽  
Definition Of ◽  
Administrative Elites

The Agences de l’eau (Water Agencies) are well known abroad as the French attempt to develop integrated water management at river basin scale through the implementation of the Polluter Pays Principle (PPP). Yet, after 30 years of existence, environmental economists became aware that they were not implementing the PPP, and therefore were not aiming at reducing pollution through economic efficiency. Behind the purported success story, which still attracts visitors from abroad, a crisis has been recently growing. Initially based on the model of the German (rather than Dutch) waterboards, the French system always remained fragile and quasi-unconstitutional. It failed to choose between two legal, economic and institutional conceptions of river basin management. These principles differ on the definition of the PPP, and on the role of levies paid by water users. After presenting these two contrasting visions, the paper revisits the history of the French Agences, to show that, unwilling to modify the Constitution to make room for specific institutions to manage common pool resources, Parliament and administrative elites brought the system to levels of complexity and incoherence which might doom the experiment.

scholarly journals Gender and Rural History: A Roundtable

2021 ◽  
Author(s):  
Ana Cabana ◽  
Colin R. Johnson ◽  
Henry French ◽  
Leen Van Molle
Keyword(s):  
Rural History ◽  
Gender Category ◽  
History Of ◽  
Definition Of

The aim of this debate article is to promote a discussion of a historiographical nature (not ideological, not political) about the meaning, place and role of gender in both the rural past and the rural historiography. The discussion revolves around a variety of questions, ranging from the relevance, the opportunity and the very history of the use of gender category in rural history, to the analysis of gender (im)balances in the community of historians working in this broadly defined field of studies, not to mention the very definition of what is meant by gender. These and other related topics, for which there are no single or definitive answers, are debated here in a roundtable format.

Brain Death

2017 ◽  
Author(s):  
Anupamaa Seshadri ◽  
Ali Salim
Keyword(s):  
Brain Death ◽  
Apnea Test ◽  
Brainstem Reflex ◽  
Practice Parameters ◽  
Confirmatory Tests ◽  
History Of ◽  
Pediatric Populations ◽  
Definition Of

The concept of “brain death” is one that has been controversial over time, requiring the development of clear guidelines to diagnose and give prognoses for patients after devastating neurologic injury. This review discusses the history of the definition of brain death, as well as the most recent guidelines and practice parameters on the determination of brain death in both the adult and pediatric populations. We provide specific and detailed instructions on the various clinical tests required, including the brain death neurologic examination and the apnea test, and discuss pitfalls in the diagnosis of brain death. This review also considers the most recent literature and guidelines as to the role of confirmatory tests making this diagnosis.  Key Words: apnea test, brain death, brainstem reflex, death examination

Conclusion

2017 ◽  
Keyword(s):  
National Identity ◽  
Geographical Distribution ◽  
Crucial Role ◽  
Large Scale ◽  
Small Scale ◽  
Modern History ◽  
Late Modernity ◽  
History Of ◽  
Definition Of

This chapter extends the book’s insights about nature, technology, and nation to the larger history of the modern period. While the modern nation loses its grip as a locus of identity and analysis, attempts to understand the operation, disruption, and collapse of continental and global infrastructures continue to mix the natural and the machinic in ways that define them both. Those vulnerabilities emphasize large-scale catastrophe; historiographically, they mask the crucial role of small-scale failures in the experience and culture of late modernity, including its definition of nature. Historical actors turned the uneven geographical distribution of small-scale failures into a marker of distinctive local natures and an element of regional and national identity. Attending to those failures helps not only situate cold-war technologies in the larger modern history of natural and machinic orders; it helps provincialize the superpowers by casting problematic “other” natures as central and primary.

Introduction

2007 ◽  
pp. 1-14
Author(s):  
Chester Brown
Keyword(s):  
Dispute Settlement ◽  
Common Law ◽  
Case Law ◽  
Third Party ◽  
Homogeneous Body ◽  
Short Introduction ◽  
International Courts ◽  
International Dispute ◽  
History Of ◽  
International Adjudication

This chapter gives a short introduction to the history of international dispute settlement by third-party adjudication. It notes that there is a gap in the existing literature, being an examination of procedure and remedies before different international courts, and an answer to the question of whether the same procedural rules obtain, and the same remedies are available, before different international judicial bodies. It presents the book's central thesis — that international courts often adopt common approaches to questions of procedure and remedies, which leads to increasing commonality in the case law of international courts. It then explains that the term ‘common law of international adjudication’ refers to the emergence of an increasingly homogeneous body of rules applied by international courts and tribunals relating to procedure and remedies. It then defines the terms ‘procedure’ and ‘remedies’. It also covers certain selected aspects of international adjudication, and reviews the jurisprudence of certain selected international courts and tribunals.

The Field of Project Management

2009 ◽  
pp. 10-28
Author(s):  
Matthew Guah
Keyword(s):  
Project Management ◽  
Business Environment ◽  
History Of ◽  
Definition Of ◽  
Host Organization

By examining the history of what was earlier considered project management, this chapter not only points out lessons from past practices but also justifies the selected definition of VLITP. It also explains the role of project management in a fast business environment. The author has demonstrated such importance by representing VLITP in the form of a major initiative that contains a series of relevant processes in the host organization.

The Prohibition of the Use of Force and Non-Intervention

2016 ◽  
Author(s):  
Jean Michel Arrighi
Keyword(s):  
Member State ◽  
Dispute Settlement ◽  
Use Of Force ◽  
Member States ◽  
American States ◽  
Peaceful Settlement ◽  
Collective Self ◽  
History Of ◽  
Settlement Of Disputes ◽  
Self Defence

This chapter examines the principles governing relations among member states of the Organization of American States (OAS) as embodied in the OAS Charter, including reciprocal assistance, collective self-defence and defence of democracy, abstention from the use of force, peaceful settlement of disputes, and non-intervention in the affairs of another member state. It begins by looking at the history of disputes in the Americas, including those arising from border delimitation and demarcation issues, and early efforts to address them. It then discusses the adoption of the Inter-American Treaty of Reciprocal Assistance in 1947 and the establishment of the OAS, together with the adoption of the American Treaty on Pacific Settlement (‘Pact of Bogota’), in 1948. The chapter considers a number of cases in which the provisions embodied in the OAS Charter, particularly the use of force in dispute settlement, were applied.

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