scholarly journals “International arbitration in investment disputes” case study of Egypt

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sabah Ahmd Farag
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Investment Climate ◽  
International Arbitration ◽  
Content Type ◽  
Investment Promotion ◽  
Arbitration Process ◽  
Peaceful Settlement ◽  
The Subject

Purpose This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt. Design/methodology/approach The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent. Findings Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases. Research limitations/implications The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate). Originality/value The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

Campus sustainability tours: exploring an uncharted tool

2017 ◽  
Vol 18 (6) ◽  
pp. 908-922
Author(s):  
Ellen R. Trahan ◽  
Leslie A. North ◽  
Margaret M. Gripshover ◽  
Jeanine M. Huss
Keyword(s):  
Environmental Sustainability ◽  
Quantitative Research ◽  
Claim Data ◽  
Content Type ◽  
Campus Sustainability ◽  
The Subject ◽  
Western Kentucky ◽  
Western Kentucky University ◽  
Practical Implications

Purpose This paper aims to explore the development narrative and usage of environmental sustainability tours available at universities and takes an in-depth look into the Western Kentucky University (WKU) Green Tour. Design/methodology/approach Questionnaires and interviews were conducted with sustainability leaders involved in tours at their university to discover how they were developed and used. An assessment of the WKU Green Tour used surveys and pre- and post-tests to determine the reach of the tour to the campus population, student learning and faculty use. Findings There is a lack of data on sustainability tours, making it difficult to design new tours and validate their status as an essential tool. In the case of WKU, the need for data was confirmed, as current practices that were assumed to be effective proved ineffective. Multiple suggestions for improved tours are provided. Research limitations/implications The case study used in this paper is not representative of all university sustainability tours as they can vary widely. Given the lack of research on the subject, especially quantitative research, it is a valuable study. Practical implications Though sustainability tours are touted as a valuable tool for all campuses, more data are needed to validate this claim. Data suggest the tours are effective tools for increasing knowledge, but there is need for further assessment of tours and how they can be used to create a sustainably literate campus. Originality/value This study is the first to assess sustainability tours using mixed-methods.

Need to pioneer Islamic tourism in tourist resorts in Maldives

2019 ◽  
Vol 11 (4) ◽  
pp. 895-916
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha ◽  
Fathimath Nashwa Badeeu ◽  
Aminath Reesha Nafiz
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Legal Framework ◽  
Tourism Industry ◽  
Qualitative Approach ◽  
Financing Structure ◽  
Content Type ◽  
The Subject ◽  
Practical Implications ◽  
Insight Into

Purpose The purpose of this paper is to formulate ways in which Maldives could pioneer Islamic tourism on a befitting framework and financing structure as a leverage to develop its tourism industry. Design/methodology/approach The research uses qualitative approach whereby primary and empirical data on tourism practices as well as relevant laws and guidelines, issued in Maldives and in other Muslim jurisdictions of the Muslim, are analyzed. Doctrinal approach is used in analyzing secondary data on the subject. Findings The research reveals the potential of Islamic tourism in Maldives as well as the challenges that have constrained its development in the country. Certainty is needed in halal products, services and conducts. Codifying extant Maldives Halal Tourism Standards will establish legal framework for a standard Shariah-compliant tourism industry. Islamic financing structure enables mobilizing required funds and address financing constraints. Practical implications This research presents an insight into establishing and developing Islamic tourism industry in the Maldives. Harmonizing tourism regulations with Shariah shall bring about the required consciousness on Shariah compliance in target tourists and their desires. Private individuals can contribute in mobilizing the much needed Shariah-compliant resources to finance Islamic model resorts befitting an Islamic tourism industry. Originality/value The research puts forward proposal that identifies and recognizes a more viable Islamic financing alternative as well as Shariah-compliant regulations to pioneer the development of Islamic tourism in Maldives. The research recommends how to overcome related challenges helps government understand the proposed strategies for establishing Islamic tourism industry.

Lesson Study as a bridge between two learning contexts

2020 ◽  
Vol 9 (3) ◽  
pp. 289-299 ◽  
Author(s):  
Birgitta Lundbäck ◽  
Helen Egerhag
Keyword(s):  
Lesson Study ◽  
After School ◽  
School Age ◽  
Content Type ◽  
Teachers Perceptions ◽  
Teaching Situation ◽  
Learning Contexts ◽  
Before And After ◽  
The Subject

PurposeLesson Study is a model for advancing knowledge about how teachers can enhance teaching through collaboration in schools. This study aims to focus on two learning situations for students in Grades 1–3: elementary school (the first years of school) and school-age educare (activities for students before and after school while their parents are working or studying). The case study aims to describe how teachers use Lesson Study to enhance students' mathematical learning in the two learning situations. The objectives were to describe teachers' perceptions of Lesson Study activities and collaboration and students' knowledge before and after lessons.Design/methodology/approachData were collected as a narrative case study using audio-recorded conversations between researchers and teachers in the different learning contexts. A questionnaire comprising five open-ended questions was used to map students' knowledge of the subject.FindingsTeachers found it advantageous to cooperate with each other across the different learning situations. Mapping students' knowledge before and after a teaching session helped them understand how to create a teaching situation that benefits their students. They saw the value of continued collaboration and called for implementation of the Lesson Study method throughout the school.Research limitations/implicationsAn important limitation of this case study is that it was conducted in a very specific context, and the findings cannot, therefore, be generalized to other situations. However, there is a need for similar case studies to be conducted in different contexts, both in Sweden and in other countries, to pay attention to ways in which elementary schools and school-age educare can develop supplementary teaching situations.Originality/valueThe originality of this case lies in planning and reporting a Lesson Study in two different learning situations in the same school, and the conclusion that educators identify and develop collaborative links in different subjects.

2 Legal Framework for Arbitration in Singapore

2014 ◽  
Author(s):  
Mangan Mark ◽  
Reed Lucy ◽  
Choong John
Keyword(s):  
Legal Framework ◽  
International Arbitration ◽  
International Convention ◽  
Arbitration Process ◽  
Legislative Framework

This chapter presents the legislative framework and the enforcement of awards in Singapore to discuss its arbitration process. Two statutes regulate arbitration in Singapore — the International Arbitration Act (IAA), which governs international arbitrations held in Singapore, and the Arbitration Act (AA), which governs the non-international arbitrations in Singapore. The chapter examines how courts lend their support and exercise supervisory powers over arbitrations seated in Singapore. Awards rendered pursuant to the International Convention on the Settlement of Investment Disputes (ICSID) Convention may be enforced in accordance with the Arbitration.

The implementation of the SADC code on HIV/AIDS and employment in Mauritius: successes and prospects

2020 ◽  
Vol 62 (4) ◽  
pp. 355-364
Author(s):  
Roopanand Mahadew
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
Comprehensive Overview ◽  
Content Type ◽  
Case Study Analysis ◽  
Civil Society Organisations ◽  
African Community ◽  
Practical Implications ◽  
Hiv Aids

Purpose The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace. Design/methodology/approach The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed. Findings The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination. Practical implications This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius. Originality/value There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.

Abuja Peoples of Nigeria as Indigenous Peoples in International Law

2018 ◽  
Vol 25 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Child Rights ◽  
International Child ◽  
The Subject ◽  
Definition Of ◽  
International Instruments ◽  
Diverse Cultures ◽  
Agreed Definition

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.

A declaration for international relations (based on Islamic Sufi teachings)

2017 ◽  
Vol 59 (4) ◽  
pp. 584-601
Author(s):  
Bijan Bidabad
Keyword(s):  
International Relation ◽  
International Relations ◽  
International Law ◽  
Design Methodology ◽  
Natural Rights ◽  
Point Of View ◽  
Public International Law ◽  
Content Type ◽  
The Subject ◽  
Practical Implications

PurposeEstablishing peace, security and discipline for individuals, nations and states in contemporary international order is of the highest importance at the present time. Regularization should be done through approaching natural rights of individuals and also through observing humanistic characteristics and ethics. The aim of this paper is to introduce a legal base to promote international relations. Design/methodology/approachA draft for International Relation Declaration based on Islamic Sufi teachings has been compiled, and actually it is an abstract of an extended survey on the subject and opinions in relation to the current international problems. FindingsThis draft has been codified in three main topics of public international law, foreign policy and diplomacy. Research limitations/implicationsTo conclude the draft, it should be scrutinized by many scholars in different disciplines, in the next step. Practical implicationsAs the mystical characteristics of Sufism and Gnosticism of all religions (Tariqa) are all united and based upon love towards the Creator and consequently towards the creatures of God, these provisions could be agreed upon and put into practice. Social implicationsDelicateness, truthfulness and righteousness of Islamic Sufism, which is the gist of all those elites’ divine messages for thousands of years, one after another, can be of a great help to regulate international relations. Originality/valueInternational Law scholars have not looked at this subject matter from the Sufism viewpoint. This paper will shed a light on this point of view from other angles related to the international law such as politics, law and institutions.

Cyberspace will evade international legal framework

2019 ◽  
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Third Party ◽  
Content Type ◽  
State Actors ◽  
Government Level

Subject International law for cyberspace. Significance Currently there is significant uncertainty about the scope and applicability of traditional international law to cyber operations. Several multilateral and government-level efforts are underway to bring greater clarity to this new domain of geostrategic activity. Impacts The ability of victim states to take countermeasures for offensive cyber operations will be impeded by the lack of international rules. Western states will publicly attribute damaging cyber operations to specific actors, but the deterrence impact will be limited. Any consensus on international law will have implications for third-party contractors who provide cybersecurity services to state actors.

scholarly journals The Future of International Law: A Human Rights Perspective – With Some Comments on the Leiden School of International Law

2007 ◽  
Vol 20 (4) ◽  
pp. 729-739 ◽  
Author(s):  
JOHN DUGARD
Keyword(s):  
Human Rights ◽  
International Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Occupied Palestinian Territory ◽  
Peaceful Settlement ◽  
International Court ◽  
The Subject ◽  
Jus Cogens ◽  
Palestinian Territory

In the past fifty years there have been changes in relation to the nature and sources of international law. Academic lawyers have welcomed these changes, which show a movement away from strict consent as the basis of international law. States and government law advisers have adopted a more conservative approach and emphasize the importance of consent as a basis for international law. Different approaches are apparent in the practice of the Human Rights Council. The Council has focused on the Occupied Palestinian Territory, much to the annoyance of Western states. The developing world sees the Occupied Palestinian Territory in much the same way as the United Nations saw apartheid in South Africa. The International Court of Justice has responded wisely to both these phenomena. It has given cautious approval to new notions of international law, encapsulated in the doctrines of obligations erga omnes and jus cogens. On the subject of Palestine the Court has given an Advisory Opinion which should form the basis for a peaceful settlement of the conflict in the Middle East. Unfortunately the international community has failed to give effect to this opinion.

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