Domestic uncertainty, third-party resolve, and international conflict

2018 ◽  
Vol 55 (4) ◽  
pp. 445-459 ◽  
Author(s):  
Matthew DiLorenzo ◽  
Bryan Rooney
Keyword(s):  
Political Institutions ◽  
International Conflict ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Interstate Disputes ◽  
Democratic State ◽  
The Third Party ◽  
The Relationship ◽  
Militarized Interstate Disputes

Uncertainty about resolve is a well-established rationalist explanation for war. In addition to estimating the resolve of immediate rivals, leaders choose their actions in a crisis based on expectations about how third parties will respond. We argue that leaders will become more likely to develop inconsistent estimates of rivals’ relative capabilities and resolve – and thus will become more likely to fight – when domestic political changes occur in states that are allied with an opponent. We also consider how the relationship between conflict in rivalries and third-party domestic change depends on domestic political institutions in the third party. We argue that this effect should only hold when a challenger does not also share an alliance with the third party, and that the effect should be strongest when the third party is a non-democratic state. We test our theory using a dataset of changes in leaders’ domestic supporting coalitions and data on militarized interstate disputes from 1920 to 2001. Consistent with our hypotheses, we find that the likelihood of conflict increases in rivalries only when domestic coalition changes occur in states that share an alliance with only one member of a rivalry, and that this effect is strongest and most consistent for non-democratic third parties.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

scholarly journals TANGGUNGJAWAB BLU TRANSJAKARTA TERHADAP PIHAK KETIGA DALAM HAL TERJADI KECELAKAAN MENURUT UU NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Elfrida R Gultom
Keyword(s):  
Public Service ◽  
Public Transport ◽  
Third Parties ◽  
Third Party ◽  
Service Agency ◽  
Transportation Services ◽  
The Public ◽  
The Third ◽  
The Third Party ◽  
Ticket Prices

The objective of Busway development is to provide transportation services faster, safer, comfortable, and affordable for people in Jakarta. Ticket prices are subsidized by the local government busway. Busway given special line, however could not be separated from the accident. In a carriage, in the event of an accident then apply provisions of Law No. 22 of 2009 on Traffic and Transportation. If there is a loss that hit the third party then setting responsibilities Public Service Agency TransJakarta Busway to third parties refer to the provisions of Article 194 paragraph (1) which determines that the public transport companies are not responsible for any losses suffered by third parties, unless the third party may prove that the loss is caused by the fault of public transport company. Under these provisions, if the third party wants to sue for damages, ketigalah party must prove the fault of the carrier, the claim is based on the basis of tort or on the basis of error set forth in Article 1365 of the Civil Code which stipulates that any action unlawfully harming others, require the person who carries the loss offset. Keywords: transport, the responsibility of the carrier, a third party, transport law

31. Remedies against strangers to the trust

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Trust Property ◽  
The Third Party ◽  
The Stranger

This chapter considers remedies involving a breach of trust which involves a third party who was not a trustee either as a participant in the breach or as the recipient of trust property transferred to them in breach of trust. In the event of such a breach, the beneficiaries of the trust may be entitled to pursue remedies against the stranger. The third party is termed a ‘stranger to the trust’ because he or she was not a trustee and, therefore, was not subject to any obligations prior to his or her involvement in the breach. Remedies against third parties may prove more attractive to the beneficiaries than their remedies against the trustee in breach. The availability of remedies against a stranger to the trust will be especially important if the trustee is insolvent, thus rendering direct remedies against the trustee ineffective.

Regional Influences on Mediation Behavior

2014 ◽  
Vol 19 (2) ◽  
pp. 285-314
Author(s):  
Derrick V. Frazier ◽  
Andrew P. Owsiak ◽  
Virginia Sanders
Keyword(s):  
Third Parties ◽  
Interstate Conflict ◽  
Third Party ◽  
Regional Bias ◽  
Interstate Disputes ◽  
Regional Factors ◽  
Security Concerns ◽  
Militarized Interstate Disputes ◽  
Common Security

Research on interstate mediation tends to assume (implicitly) that regional factors have little effect on the occurrence of mediation. We relax this assumption and advance an explicit regional theory of mediation in which regional ties create a type of bias that motivates both (potential) third parties to mediate conflicts within their region and disputants to select or accept these regional actors as mediators more frequently than non-regional actors. This bias first appears when states belong to the same region. In such situations, the potential third party and disputants likely understand one another better and share common security concerns. Yet regional membership does not explain the variation in mediation behavior within regions. To account for this, we argue that regionally more powerful states, as well as those that share (regional) institutional memberships with the disputants, have greater incentives to mediate than some regional counterparts. We empirically test the effect of these characteristics on the likelihood of mediation in militarized interstate disputes during the period 1946–2000. Our findings uncover support for our argument and suggest that accounting for regional bias is important in explaining mediation patterns in interstate conflict.

Conditions in Favour of Third Parties

1952 ◽  
Vol 11 (2) ◽  
pp. 240-257
Author(s):  
T. C. Thomas
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Common ◽  
The Law ◽  
The Third Party

The purpose of this article is to consider the legal effects of a transfer of property by A to B subject to the performance by B of some obligation in favour of C, a third party to the transfer. The student of the law of contract is well familiar with the common law rule that no one who was not an original party to the contract is entitled to the benefit of that contract. But this rule creates hardship in particular cases and it has been shown that, in the main, three methods have been evolved to evade those unfortunate results. First, the legislature has intervened and provided C, the third party, with statutory rights. Secondly, the doctrine of agency has been invoked whereby C may claim that he is the principal of B. Thirdly, but with varying success, the trust concept has been pressed into service whereby C has sometimes been able to show that he is a beneficiary.

Characteristics of the Rival and the Experience of Jealousy

1992 ◽  
Vol 74 (2) ◽  
pp. 369-370 ◽  
Author(s):  
Everton G. McIntosh ◽  
Douglass T. Tate
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party ◽  
The Relationship

To estimate the relationship between characteristics of the third party and jealousy, 185 subjects read different jealousy-evoking scenarios and then indicated how jealous they would feel. Analysis indicated that two of the manipulated characteristics, prestige and attractiveness, significantly affected the experience of jealousy.

scholarly journals Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich — projekt rozporządzenia Parlamentu Europejskiego i Rady w sprawie prawa właściwego dla skutków przelewu wierzytelności wobec osób trzecich (COM(2018) 96 final)

2019 ◽  
Vol 25 ◽  
pp. 67-90
Author(s):  
Witold Kurowski
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Habitual Residence ◽  
Eu Regulation ◽  
The Third ◽  
The Law ◽  
The Third Party ◽  
Contractual Obligations ◽  
Rome I

The question of which law should govern the third-party effects of assignments of claims was considered during the preparation of the Rome I Regulation. The European Commission’s proposal for the Rome I Regulation admitted the law of the assignor’s habitual residence as the law that should apply to the proprietary effects of assignments of claims. Finally, EU Regulation on the law applicable to contractual obligations did not include the issue of the third-party effects of the assignment. However, Article 27(2) of the Rome I Regulation required the European Commission to present a report on the question of the effectiveness of assignments of claims against third parties accompanied, if appropriate, by a proposal to amend the Rome I Regulation. Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final) is a response to this request. This paper analyses current draft of the new EU Regulation, the rules on determination of the third-party effects of assignments of claims (law of the assignor’s habitual residence and law of the assigned claim) and "super conflict rules" in specific cases. The author argues that the law of the assignor’s habitual residence remains the appropriate conflict rule for proprietary effects of assignments of claims.

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