Beyond South Asia

2018 ◽  
pp. 181-197
Author(s):  
Moeed Yusuf
Keyword(s):  
Saudi Arabia ◽  
South Asia ◽  
Korean Peninsula ◽  
Third Party ◽  
Great Power ◽  
General Applicability ◽  
The Third ◽  
Extended Deterrence ◽  
Similarities And Differences ◽  
Crisis Scenarios

This chapter addresses the general applicability of brokered bargaining beyond South Asia, focusing on four prototypes of rivalries: between countries that are considered friends of the unipole (futuristic crisis scenarios involving Israel versus a nuclear Saudi Arabia, Turkey, or Egypt); between a friend and foe of the unipole (Israel versus a nuclear Iran); between a foe of the unipole and an ally with formally extended deterrence guarantees (Korean peninsula); and between a friend and a presumptive great power rival of the unipole (India versus China). The discussion establishes the similarities and differences of these prototypes with the South Asian cases. While each presents a somewhat distinct set of challenges for third-party actors, the fundamental crisis dynamic whereby the third party works to secure de-escalation without seeking to alienate either conflicting party completely and the antagonists feel compelled not to defy it outright remains valid in each case.

scholarly journals The Similarities and Differences between the Arbitration and Judgement Verdicts in Iran’s Laws

2017 ◽  
Vol 9 (1) ◽  
pp. 261
Author(s):  
Amir Mehdi Ghorbanpur ◽  
Sara Khakestarian
Keyword(s):  
Supreme Court ◽  
Correspondence Principle ◽  
Relative Effect ◽  
Third Party ◽  
The Third ◽  
Res Judicata ◽  
The Supreme Court ◽  
Final Sentence ◽  
Similarities And Differences ◽  
The Third Party

The main purpose of current research is to determine the similarities and differences between the arbitration and judgement verdicts in Iran’s laws. The results of current research indicate that there are many differences and similarities in the arbitration and judgement field in Iran’s laws. General similarities, attributes of judge and arbitrator from religious jurisprudence’s view, verdicts in Iran’s internal laws, investigation with reasons, and final sentence in the arbitration and judgement verdicts can be mentioned as some of these similarities. Also about the differences, some cases like: observance of the principles and adducing to the legal articles at the time of composing the verdict, observance of the formalities and judgement provisions in issuance of verdict, verdicts in terms of requesting for the revision, ability to appeal to the Supreme Court, rehabilitation, jurisdiction, protestation, issuance of verdict by judges and arbitrators, procedural conditions in composing the verdict, regard to recite the verdict in terms of being revisable or non-revisable, third-party entry ability, attracting the third-party, features of verdicts in terms of the ability to prove, possibility to issue the request for garnishee and temporary commandment, correction of verdict, the features of verdicts in terms of the res judicata, competence for issuance of reformatory report, competence for issuance of preliminary (interlocutory) decree, moratorium for objecting about the verdict, the third-party’s ability to object about the verdict, having the relative effect, changing the verdict (judge exemption, arbitrator exemption), communication of verdict, the manner of judgement investigation with courts, investigation dependent on provisions of civil judgement rules, investigation dependent on judgement principles (correspondence principle, observance of the defense right of parties), competence for investigation of the legal affairs, start to investigate, the investigation range, the investigation place, being overt or non-overt, investigation and transmission to the another person, difference between arbitration and judgement in the religious jurisprudence and judge and arbitrator positions from the religious jurisprudence are some results obtained at current research.

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party

Lot's Offer of his Daughters to his People in the Torah and the Qur'an: A Comparative Study in Two Parts (Part One)

2016 ◽  
Vol 18 (3) ◽  
pp. 161-224
Author(s):  
ʿĀʾiḍ B. Sad Al-Dawsarī
Keyword(s):  
Comparative Study ◽  
Comparative Studies ◽  
The Third ◽  
The Past ◽  
The Status ◽  
Moral Problems ◽  
Moral Dimensions ◽  
Similarities And Differences

The story of Lot is one of many shared by the Qur'an and the Torah, and Lot's offer of his two daughters to his people is presented in a similar way in the two books. This article compares the status of Lot in the Qur'an and Torah, and explores the moral dimensions of his character, and what scholars of the two religions make of this story. The significance of the episodes in which Lot offers his daughters to his people lies in the similarities and differences of the accounts given in the two books and the fact that, in both the past and the present, this story has presented moral problems and criticism has been leveled at Lot. Context is crucial in understanding this story, and exploration of the ways in which Lot and his people are presented is also useful in terms of comparative studies of the two scriptures. This article is divided into three sections: the first explores the depiction of Lot in the two texts, the second explores his moral limitations, and the third discusses the interpretations of various exegetes and scholars of the two books. Although there are similarities between the Qur'anic and Talmudic accounts of this episode, it is read differently by scholars from the two religions because of the different contexts of the respective accounts.

Issues in security and privacy of big data

2018 ◽  
Vol 7 (12) ◽  
pp. 1
Author(s):  
Shaveta Bhatia
Keyword(s):  
Cloud Computing ◽  
Big Data ◽  
Approximate Method ◽  
Biomedical Research ◽  
Cyber Security ◽  
Data Science ◽  
Third Party ◽  
Security And Privacy ◽  
Security Threats ◽  
The Third

 The epoch of the big data presents many opportunities for the development in the range of data science, biomedical research cyber security, and cloud computing. Nowadays the big data gained popularity.  It also invites many provocations and upshot in the security and privacy of the big data. There are various type of threats, attacks such as leakage of data, the third party tries to access, viruses and vulnerability that stand against the security of the big data. This paper will discuss about the security threats and their approximate method in the field of biomedical research, cyber security and cloud computing.

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Brokering Peace in Nuclear Environments

2018 ◽  
Author(s):  
Moeed Yusuf
Keyword(s):  
Cold War ◽  
Third Party ◽  
Bargaining Theory ◽  
The Third ◽  
China And India ◽  
International Setting ◽  
Multiple Audiences ◽  
Crisis Behavior ◽  
The Cold War ◽  
Shed Light

This book is the first to theorize third party mediation in crises between regional nuclear powers. Its relevance flows from two of the most significant international developments since the end of the Cold War: the emergence of regional nuclear rivalries; and the shift from the Cold War’s bipolar context to today’s unipolar international setting. Moving away from the traditional bilateral deterrence models, the book conceptualizes crisis behavior as “brokered bargaining”: a three-way bargaining framework where the regional rivals and the ‘third party’ seek to influence each other to behave in line with their crisis objectives and in so doing, affect each other’s crisis behavior. The book tests brokered bargaining theory by examining U.S.-led crisis management in South Asia, analyzing three major crises between India and Pakistan: the Kargil conflict, 1999; the 2001-02 nuclear standoff; and the Mumbai crisis, 2008. The case studies find strong evidence of behavior predicted by the brokered bargaining framework. They also shed light on several risks of misperceptions and inadvertence due to the challenges inherent in signaling to multiple audiences simultaneously. Traditional explanations rooted in bilateral deterrence models do not account for these, leaving a void with serious practical consequences, which the introduction of brokered bargaining seeks to fill. The book’s findings also offer lessons for crises on the Korean peninsula, between China and India, and between potential nuclear rivals in the Middle East.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

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