Part 1 General and Special Reports, 6 UNIDROIT: The Model Clauses for the Choice of the UNIDROIT Principles of International Commercial Contracts and Article 3 of the Hague Principles

2021 ◽  
Author(s):  
Veneziano Anna
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
Regional Level ◽  
Appropriate Use ◽  
Choice Of Law ◽  
The Hague ◽  
The Relationship ◽  
The Way

This chapter looks at the relationship between the ‘Model Clauses for the use of the UNIDROIT Principles of International Commercial Contracts’ and Article 3 of the Hague Principles. The Model Clauses were drafted with the aim to give parties to international commercial contracts a range of options in order to make the most appropriate use of the UNIDROIT Principles (UPICC) in accordance with their interests and the specific circumstances of the case. At the same time, their goal is also to raise awareness on the variety of possible ways the UPICC may be used as an advantageous tool in international contracting and dispute resolution. Being drafted as choice of law clauses, they fit within the scope of Article 3 of the Hague Principles. Article 3 opens the way towards a wider acceptance of internationally recognized non-national codifications, expressly allowing the choice of ‘rules of law’, irrespective of whether the dispute is solved by an arbitrator or a national court, when such rules are generally accepted on an international, supranational, or regional level as a neutral and balanced set of rules. The UPICC are expressly cited, in the commentary to Article 3, as ‘rules of law’ satisfying such requirements.

The Return of the Siloviki: An Introduction

2019 ◽  
Vol 4 (4) ◽  
pp. 493-498 ◽  
Author(s):  
Michael Rochlitz
Keyword(s):  
Economic Development ◽  
Regional Level ◽  
Political Liberalization ◽  
Internal Security ◽  
Security Services ◽  
The World ◽  
Russian Politics ◽  
Vladimir Putin ◽  
The Relationship ◽  
The Way

After a period of relative political liberalization under president Dmitry Medvedev, Russia’s security services have again started to play a central role in Russian politics with Vladimir Putin’s return to the presidency in 2012. In this issue of Russian Politics, we analyze three different aspects of this return of the siloviki: the way they think and see the world, how the relationship between governors and siloviki affects economic development at the regional level, and how the strengthening of the siloviki since 2012 compares to the strengthening of the Chinese internal security services, which took place during the same time. We identify a new assertiveness of Russia’s siloviki, as well as a centralization of power around Vladimir Putin through the dismissal of other influential heavyweights within Russia’s security services, and speculate what this might mean for Russia’s short- to mid-term future.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 19 Asian Principles of Private International Law: The Asian Principles of Private International Law and the Hague Principles

2021 ◽  
Author(s):  
Takasugi Naoshi ◽  
Elbalti Béligh
Keyword(s):  
International Law ◽  
Driving Force ◽  
Private International Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
Rules And Principles ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Relationship

This chapter looks at the relationship between the Asian Principles of Private International Law (APPIL) and the Hague Principles. The APPIL are intended to be a non-binding instrument which includes a comprehensive set of principles on private international law (PIL) generally recognized among the different Asian jurisdictions. The main purpose of the APPIL is to provide guidance to possible future harmonization of PIL rules and principles in Asia. Compared to the Hague Principles which are limited only to the issue of choice law in international contracts based on the express or tacit will of the parties, the APPIL have much broader scope, including choice of law, international jurisdiction, the recognition and enforcement of foreign judgments, and judicial support to international arbitration. The chapter then outlines the history and the driving force behind the APPIL.

The Type of Temperament, Mood, and Strategies of Categorization

2012 ◽  
Vol 33 (4) ◽  
pp. 227-236 ◽  
Author(s):  
Agata Wytykowska
Keyword(s):  
Information Processing ◽  
Negative Mood ◽  
Cognitive Activity ◽  
Processing Capacity ◽  
Affective Value ◽  
The Relationship ◽  
The Way

In Strelau’s theory of temperament (RTT), there are four types of temperament, differentiated according to low vs. high stimulation processing capacity and to the level of their internal harmonization. The type of temperament is considered harmonized when the constellation of all temperamental traits is internally matched to the need for stimulation, which is related to effectiveness of stimulation processing. In nonharmonized temperamental structure, an internal mismatch is observed which is linked to ineffectiveness of stimulation processing. The three studies presented here investigated the relationship between temperamental structures and the strategies of categorization. Results revealed that subjects with harmonized structures efficiently control the level of stimulation stemming from the cognitive activity, independent of the affective value of situation. The pattern of results attained for subjects with nonharmonized structures was more ambiguous: They were as good as subjects with harmonized structures at adjusting the way of information processing to their stimulation processing capacities, but they also proved to be more responsive to the affective character of stimulation (positive or negative mood).

Understanding prescription in language. A corpus-based approach

2019 ◽  
Vol 41 (2) ◽  
pp. 67-81
Author(s):  
Douglas A. Kibbee ◽  
Alan Craig
Keyword(s):  
Social Context ◽  
French Tradition ◽  
Linguistic Behavior ◽  
The Relationship ◽  
The Way

We define prescription as any intervention in the way another person speaks. Long excluded from linguistics as unscientific, prescription is in fact a natural part of linguistic behavior. We seek to understand the logic and method of prescriptivism through the study of usage manuals: their authors, sources and audience; their social context; the categories of “errors” targeted; the justification for correction; the phrasing of prescription; the relationship between demonstrated usage and the usage prescribed; the effect of the prescription. Our corpus is a collection of about 30 usage manuals in the French tradition. Eventually we hope to create a database permitting easy comparison of these features.

The next generation: Experiences of higher educated Turkish-Dutch on The Hague labour market

2014 ◽  
Vol 11 (2) ◽  
pp. 206-217
Author(s):  
Karijn G. Nijhoff
Keyword(s):  
Higher Education ◽  
Qualitative Study ◽  
Labour Market ◽  
Education System ◽  
Minority Groups ◽  
Personal Characteristics ◽  
Market Positioning ◽  
The Hague ◽  
The Relationship ◽  
Dutch City

This paper explores the relationship between education and labour market positioning in The Hague, a Dutch city with a unique labour market. One of the main minority groups, Turkish-Dutch, is the focus in this qualitative study on higher educated minorities and their labour market success. Interviews reveal that the obstacles the respondents face are linked to discrimination and network limitation. The respondents perceive “personal characteristics” as the most important tool to overcoming the obstacles. Education does not only increase their professional skills, but also widens their networks. The Dutch education system facilitates the chances of minorities in higher education through the “layering” of degrees. 

On (Not) Translating Lacan: Barbara Cassin's Sophistico-Analytical Performances

Paragraph ◽  
2020 ◽  
Vol 43 (1) ◽  
pp. 98-113
Author(s):  
Michael Syrotinski
Keyword(s):  
Machine Translation ◽  
Reading And Writing ◽  
The Relationship ◽  
The Way

Barbara Cassin's Jacques the Sophist: Lacan, Logos, and Psychoanalysis, recently translated into English, constitutes an important rereading of Lacan, and a sustained commentary not only on his interpretation of Greek philosophers, notably the Sophists, but more broadly the relationship between psychoanalysis and sophistry. In her study, Cassin draws out the sophistic elements of Lacan's own language, or the way that Lacan ‘philosophistizes’, as she puts it. This article focuses on the relation between Cassin's text and her better-known Dictionary of Untranslatables, and aims to show how and why both ‘untranslatability’ and ‘performativity’ become keys to understanding what this book is not only saying, but also doing. It ends with a series of reflections on machine translation, and how the intersubjective dynamic as theorized by Lacan might open up the possibility of what is here termed a ‘translatorly’ mode of reading and writing.

Klein with Lacan: A Study on the Reception of Lacanian Ideas in Uruguay and Its Effects on Clinical Practices (1955–82)

2020 ◽  
Vol 22 (3) ◽  
pp. 341-361
Author(s):  
Gonzalo Grau-Pérez ◽  
J. Guillermo Milán
Keyword(s):  
Clinical Practice ◽  
Clinical Material ◽  
Clinical Practices ◽  
Before And After ◽  
The Difference ◽  
The 1960S ◽  
The Relationship ◽  
Discursive Approach ◽  
The Way ◽  
Clinical Cases

In Uruguay, Lacanian ideas arrived in the 1960s, into a context of Kleinian hegemony. Adopting a discursive approach, this study researched the initial reception of these ideas and its effects on clinical practices. We gathered a corpus of discursive data from clinical cases and theoretical-doctrinal articles (from the 1960s, 1970s and 1980s). In order to examine the effects of Lacanian ideas, we analysed the difference in the way of interpreting the clinical material before and after Lacan's reception. The results of this research illuminate some epistemological problems of psychoanalysis, especially the relationship between theory and clinical practice.

FBI and Religion

2017 ◽  
Keyword(s):  
Religious Orientation ◽  
Religious Communities ◽  
Academic Scholarship ◽  
History Of ◽  
Interdisciplinary Assessment ◽  
Civic Religion ◽  
New Research ◽  
The Relationship ◽  
The Way

This volume is an interdisciplinary assessment of the relationship between religion and the FBI. We recount the history of the FBI’s engagement with multiple religious communities and with aspects of public or “civic” religion such as morality and respectability. The book presents new research to explain roughly the history of the FBI’s interaction with religion over approximately one century, from the pre-Hoover period to the post-9/11 era. Along the way, the book explores vexed issues that go beyond the particulars of the FBI’s history—the juxtaposition of “religion” and “cult,” the ways in which race can shape the public’s perceptions of religion (and vica versa), the challenges of mediating between a religious orientation and a secular one, and the role and limits of academic scholarship as a way of addressing the differing worldviews of the FBI and some of the religious communities it encounters.

Poetic Trespass

2014 ◽  
Author(s):  
Lital Levy
Keyword(s):  
Twentieth Century ◽  
Visual Art ◽  
Prose Poetry ◽  
Old World ◽  
History And Literature ◽  
Political Boundaries ◽  
Depth Study ◽  
Emile Habiby ◽  
The Relationship ◽  
The Way

A Palestinian-Israeli poet declares a new state whose language, “Homelandic,” is a combination of Arabic and Hebrew. A Jewish-Israeli author imagines a “language plague” that infects young Hebrew speakers with old world accents, and sends the narrator in search of his Arabic heritage. This book brings together such startling visions to offer the first in-depth study of the relationship between Hebrew and Arabic in the literature and culture of Israel/Palestine. More than that, the book presents a captivating portrait of the literary imagination's power to transgress political boundaries and transform ideas about language and belonging. Blending history and literature, the book traces the interwoven life of Arabic and Hebrew in Israel/Palestine from the turn of the twentieth century to the present, exposing the two languages' intimate entanglements in contemporary works of prose, poetry, film, and visual art by both Palestinian and Jewish citizens of Israel. In a context where intense political and social pressures work to identify Jews with Hebrew and Palestinians with Arabic, the book finds writers who have boldly crossed over this divide to create literature in the language of their “other,” as well as writers who bring the two languages into dialogue to rewrite them from within. Exploring such acts of poetic trespass, the book introduces new readings of canonical and lesser-known authors, including Emile Habiby, Hayyim Nahman Bialik, Anton Shammas, Saul Tchernichowsky, Samir Naqqash, Ronit Matalon, Salman Masalha, A. B. Yehoshua, and Almog Behar. By revealing uncommon visions of what it means to write in Arabic and Hebrew, the book will change the way we understand literature and culture in the shadow of the Israeli–Palestinian conflict.

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