scholarly journals Provisional Measures in icsid Arbitration from “Wonderland’s Jurisprudence” to Informal Modification of Treaties

2017 ◽  
Vol 16 (1) ◽  
pp. 159-184
Author(s):  
Tarcisio Gazzini ◽  
Robert Kolb

Since 1999, icsid tribunals have almost systematically held that they have the power not only to recommend but also to order provisional measures under Article 47 of the icsid Convention and Rule 39 of the Arbitration Rules. This article argues that the legal arguments offered by these tribunals are often not fully elaborated and in any case not entirely convincing. It then provides an alternative reading of the decisions relating to the mandatory character of provisional measures, in the sense that they imply a significant departure from the meaning the contracting parties recorded in the treaty. Yet, as the majority of icsid members have endorsed, accepted or at least acquiesced in such departure, it appears that Article 47 of the icsid Convention has been informally modified through subsequent practice.

2002 ◽  
Vol 3 (1) ◽  
pp. 12-14
Author(s):  
Joanne Toennies ◽  
Chris Bauman ◽  
Susan Huntenburg

2017 ◽  
Vol 10 (1) ◽  
pp. 59-73
Author(s):  
Michelle Ann Abate ◽  
Sarah Bradford Fletcher

Since its release in 1963, Maurice Sendak's Where the Wild Things Are has been viewed from a psychological perspective as a literary representation of children's inner emotional struggles. This essay challenges that common critical assessment. We make a case that Sendak's classic picturebook was also influenced by the turbulent era of the 1960s in general and the nation's rapidly escalating military involvement in Vietnam in particular. Our alternative reading of Sendak's text reveals a variety of both visual and verbal elements that recall the conflict in South East Asia and considers the significance of the book's geo-political engagement.


2018 ◽  
Vol 27 (1) ◽  
pp. 5-21
Author(s):  
Amanda Dennis

Lying in ditches, tromping through mud, wedged in urns, trash bins, buried in earth, bodies in Beckett appear anything but capable of acting meaningfully on their environments. Bodies in Beckett seem, rather, synonymous with abjection, brokenness, and passivity—as if the human were overcome by its materiality: odours, pain, foot sores, decreased mobility. To the extent that Beckett's personae act, they act vaguely (wandering) or engage in quasi-obsessive, repetitive tasks: maniacal rocking, rotating sucking stones and biscuits, uttering words evacuated of sense, ceaseless pacing. Perhaps the most vivid dramatization of bodies compelled to meaningless, repetitive movement is Quad (1981), Beckett's ‘ballet’ for television, in which four bodies in hooded robes repeat their series ad infinitum. By 1981, has all possibility for intentional action in Beckett been foreclosed? Are we doomed, as Hamm puts it, to an eternal repetition of the same? (‘Moments for nothing, now as always, time was never and time is over, reckoning closed and story ended.’)This article proposes an alternative reading of bodily abjection, passivity and compulsivity in Beckett, a reading that implies a version of agency more capacious than voluntarism. Focusing on Quad as an illustrative case, I show how, if we shift our focus from the body's diminished possibilities for movement to the imbrication of Beckett's personae in environments (a mound of earth), things, and objects, a different story emerges: rather than dramatizing the impossibility of action, Beckett's work may sketch plans for a more ecological, post-human version of agency, a more collaborative mode of ‘acting’ that eases the divide between the human, the world of inanimate objects, and the earth.Movements such as new materialism and object-oriented ontology challenge hierarchies among subjects, objects and environments, questioning the rigid distinction between animate and inanimate, and the notion of the Anthropocene emphasizes the influence of human activity on social and geological space. A major theoretical challenge that arises from such discourses (including 20th-century challenges to the idea of an autonomous, willing, subject) is to arrive at an account of agency robust enough to survive if not the ‘death of the subject’ then its imbrication in the material and social environment it acts upon. Beckett's treatment of the human body suggests a version of agency that draws strength from a body's interaction with its environment, such that meaning is formed in the nexus between body and world. Using the example of Quad, I show how representations of the body in Beckett disturb the opposition between compulsivity (when a body is driven to move or speak in the absence of intention) and creative invention. In Quad, serial repetition works to create an interface between body and world that is receptive to meanings outside the control of a human will. Paradoxically, compulsive repetition in Beckett, despite its uncomfortable closeness to addiction, harnesses a loss of individual control that proposes a more versatile and ecologically mindful understanding of human action.


Author(s):  
Elizabeth S. Radcliffe

This discussion first considers why Hume highlights the argument that reason alone is not a motive, given that few, if any, of his predecessors actually professed that reason could motivate without passion. Second, it ponders, but rejects, the idea that Hume’s “Inertness of Reason” argument equivocates. Third, it rebuts the view that Hume allows that beliefs, products of reason, can motivate, even if reason cannot. If Hume thinks beliefs can motivate, then: (1) his thesis that reason contributes to motivation without originating motives, will depend on the equivocation earlier dismissed; (2) we have no explanation how actions result from competing motives; and (3) he undermines his dictum that an active principle cannot be founded on an inactive one. There is textual evidence for an alternative reading of Hume, on which beliefs, even about sources of pleasure and pain, trace their force to sentiments that depend upon taste.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Daniel Taborda ◽  
João Sousa

AbstractTo the best of our knowledge, this is the first paper focusing on the interpretations issued by different Portuguese courts concerning the application of the accrual principle established in the Corporate Income Tax Code.This paper uses a database of the Portuguese tax courts’ decisions and employs a case law-based research methodology to address the following question: under which circumstances the principle of justice may affect the strict application of the accrual principle? After collecting twenty-four legal decisions related to the application of the accrual principle outlined in tax law, this paper summarises eleven, grouping them according to the different issues under dispute. This analysis also includes the confrontation of the assumptions used by the tax authority and the claims of the taxpayers, identifying and discussing the legal arguments to override the strict application of the accrual principle.The main conclusion is that Portuguese courts may summon the principle of justice in taxation when taxpayers violate the accrual principle, in order to prevent unfair corrections to taxable income performed in tax audits. This paper found that the tax authority typically demands a rigid use of the accrual principle while the taxpayers often argue for a more flexible application. This last perspective has been adopted by the tax courts in certain circumstances, in particular when taxable income transfer was not motivated by tax avoidance.


Thesis Eleven ◽  
2021 ◽  
pp. 072551362110328
Author(s):  
James Kent

In this paper I discuss Hans Blumenberg’s The Rigorism of Truth, a short polemic that criticizes Freud and Hannah Arendt for placing (what he considers) a misplaced faith in the liberatory potential of rational truth in moments of historical disaster. The secondary literature suggests that this piece exhibits either all the signs of a late, Romantic capitulation to the ‘need’ for myth, or Blumenberg’s failure to recognize his own faith and debts to the ‘mythology’ of reason’s emancipatory hopes. My argument hinges on the claim that these readings put undue emphasis on the philosophical anthropology component of Blumenberg’s work. Instead, I offer a new reading of the essay, in keeping with an alternative reading of his theory of myth. The essay transforms, then, from a polemic regarding the need for myth, into a nuanced description of the ways in which we can overestimate our capacity to overcome it.


2013 ◽  
Vol 2013 (1) ◽  
Author(s):  
George Pattison

AbstractNoting Heidegger’s critique of Kierkegaard’s way of relating time and eternity, the paper offers an alternative reading of Kierkegaard that suggests Heidegger has overlooked crucial elements in the Kierkegaardian account. Gabriel Marcel and Sharon Krishek are used to counter Heidegger’s minimizing of the deaths of others and to show how the deaths of others may become integral to our sense of self. This prepares the way for revisiting Kierkegaard’s discourse on the work of love in remembering the dead. Against the criticism that this reveals the absence of the other in Kierkegaardian love, the paper argues that, on the contrary, it shows how Kierkegaard conceives the self as inseparable from the core relationships of love that, despite of death, constitute it as the self that it is.


1995 ◽  
Vol 73 (11-12) ◽  
pp. 1055-1059 ◽  
Author(s):  
Irina Groisman ◽  
Hanna Engelberg-Kulka

The translation of the genetic code, once thought to be rigid, has been found to be quite flexible, and several alternatives in its reading have been described. An unusual alternative is translational bypassing, a frameshift event where the transition from frame 0 to another frame occurs by translational bypassing of an extended region of the mRNA sequence rather than by slippage past a single nucleotide, as has been described for most examples of frameshifting. Translational bypassing has been characterized in two cases, T4 gene 60 coding for a topoisomerase subunit and in a trpR–lac′Z fusion. The latter was discovered in our laboratory, and the unique bypass mechanism is investigated further in this study. Using a trpR+1–lac′Z fusion system, we show that the Gln codon at the beginning of lacZ end at the 3′ side of the gap is required for bypassing to occur. The Gln codon is part of an mRNA segment that can (potentially) base pair with a segment at the 5′ and of Escherichia coli 16S rRNA. A model of trpR+1–lac′Z bypassing is suggested in which the untranslated region of the mRNA is looped out through base pairing between a segment in the 5′ end of the 16S rRNA and two sites in the mRNA. Translational bypassing is a newly discovered mechanism of gene expression, and trpR is the first cellular gene identified in which such a mechanism could operate. The understanding of this mechanism and its associated signals may be considered a paradigm for the expression of other genes by this alternative reading of the genetic code.Key words: genetic code, translation, frameshifting, trpR.


2005 ◽  
Vol 67 ◽  
pp. 54-63 ◽  
Author(s):  
Dorothy Sue Cobble

Verity Burgmann's call for a reinvigorated class politics and language is timely. This essay shares her goal of strengthening social movements in which class is taken seriously. It argues, however, that her efforts to resuscitate an antiquated class politics dressed up in identity clothes will not further that goal. This response offers an alternative reading of the nature and history of the “new” and the “old” social movements, of what can be learned about class and class-conscious movements from “identity politics” and from cultural theorists, and of what is needed to encourage future movements for social and economic justice. It calls for a class politics that recognizes the diversity of the working classes, embraces multiple class identities, reflects the fluid and multitiered class structures in which we live, and honors the aspirations of working people for inclusion, equity, and justice.


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