scholarly journals Arbitration of oil contracts in oil-producing Arab Countries

2020 ◽  
Vol 9 (2) ◽  
pp. 394
Author(s):  
Mousa Sami Al-Qaaida
Keyword(s):  
International Economic ◽  
Conflict Resolution ◽  
Arab Countries ◽  
The Other ◽  
Time Saving ◽  
Legal Rules ◽  
Oil Contracts ◽  
The One ◽  
Settlement Of Disputes ◽  
Immunity Function

This study investigates the most important legal matters of arbitration of Arab oil contracts. It has focused on the independent nature of arbitration, and the distinguished characteristics which make arbitration the most preferable means to settle international economic disputes. The study as well as sheds light on the arbitration agreement which included in the oil contracts in a way that excludes this agreement from the legal rules that usually prevent such agreements from developing in scope and content on the one hand, whereas on the other hand the study takes a look on the arbitration tribunal resulting from the arbitration agreement that included in the oil contracts which have special characteristics that distinguishes them from any other contracts in other economical and trading ventures. This study has concluded that it is better for the disputes resulting from the oil contracts to be resolved via arbitration without necessarily arbitrated affecting the judicial immunity function. additionally, settlement of disputes in issuing the arbitration decision should be voluntarily implemented by the two parties in conflict. Finally, the researcher recommends arbitration as the only viable tool for settling conflicts/disputes of oil contracts in oil producing Arab nations because it’s the fastest, most reliable, least expensive and time saving method of conflict resolution.

scholarly journals Grammaticalization of syntactic conflict resolution: Asymmetric constructions

2013 ◽  
pp. 115-135
Author(s):  
I.M. Boguslavskij
Keyword(s):  
Conflict Resolution ◽  
Intermediate Position ◽  
The Other ◽  
Semantic Structure ◽  
The Core ◽  
Other Hand ◽  
Principal Property ◽  
The One

We consider Russian coordinative constructions with paired conjunctions, such as i?i ?both?and?, ili?ili ?either?or?, ni?ni ?neither?nor?, ne tol'ko?no i ?not only?but also?, ne?a ?not?but?, etc. The paper presents a class of syntactic constructions, so-called asymmetric constructions, which are interesting in several respects. They are closely related to coordinative constructions, although they do not share their principal property - the identity of syntactic functions of coordinated elements. They take up an intermediate position between standard syntax and ungrammaticality. On the one hand, the sentence is within the grammatical norm. On the other hand, its structure underwent a deformation that left a trace. We propose a description that accounts for their closeness to and difference from standard - symmetric - constructions. Symmetric constructions with paired conjunctions are convenient to describe as a result of two transformations occurring in the semantic structure: Deletion and Transfer. Asymmetric constructions are obtained when only one of these transformations is applied. Accordingly, two subclasses of asymmetric constructions can be distinguished - ?Deletion-Without-Transfer? constructions and ?Transfer-Without-Deletion? constructions. The latter class has a strong pragmatic marking. The core of this class are ?failed? symmetric constructions. The speaker begins to build a symmetric construction but faces an obstacle of syntactic nature, which prevents him from completing this plan. ?Transfer-Without-Deletion? constructions constitute a legalized way of overcoming syntactic conflicts.

The Adaptation of Imported Law in Africa

1960 ◽  
Vol 4 (2) ◽  
pp. 66-78 ◽  
Author(s):  
Kenneth Roberts-Wray
Keyword(s):  
Common Sense ◽  
The Other ◽  
Law Reform ◽  
Good Sense ◽  
Legal Rules ◽  
English Law ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Law Student

British administration in overseas countries has conferred no greater benefit than English law and justice. That may be a trite observation, but I offer no apology. It has been said so often by so many people—as many laymen as lawyers and perhaps more Africans than Englishmen—that it must be assumed to be true. But what, in this context, are English law and justice, or similar expressions (it is put in many different ways) to be taken to comprehend ? I have heard one or two lawyers who have served overseas speak as if there were a rebuttable presumption that anything suitable for this country should be acceptable for a country in Africa. Even if that were true, and I am sure it is not, it would not that all English legal rules and institutions are appropriate for Africa, for they are not even suitable for England. It is only too true that the law is sometimes “an ass”. Not so often as some laymen like to claim, though laymen may be fair judges of what is good sense in law. I well remember how as a law student I became impatient with principles, especially in the law of torts and the rules of evidence, which to my mind left a large gap between law on the one hand and justice or common sense on the other. I am well aware that in my critical attitude I was at one with the majority, and all lawyers must welcome the labours of the Law Reform Committees, which have borne fruit in a steady stream of important Bills during the last thirty years.

A Puzzle of Sovereignity

1998 ◽  
pp. 159-164
Author(s):  
Steven Lee
Keyword(s):  
International Economic ◽  
Economic Integration ◽  
Political Change ◽  
Political Power ◽  
The Other ◽  
Response Strategy ◽  
National Sovereignty ◽  
Other Hand ◽  
Different Types ◽  
The One

National sovereignty presents a puzzle. On the one hand, this notion continues to figure importantly in our descriptions of global political change. On the other hand, factors such as the accelerating pace of international economic integration seem to have made the notion anachronistic. This paper is an attempt to resolve this puzzle. Distinguishing between internal sovereignty or supremacy and external sovereignty or independence, I investigate whether some insights from the discussion of the former can be applied to our puzzle concerning the latter. One response to the objection that the notion of internal sovereignty is inapplicable because no group in society holds unlimited political power is to distinguish between different types of internal sovereignty, such as legal and electoral sovereignty. The resolution of the puzzle lies in applying this response strategy to the objection that the notion of external sovereignty is inapplicable because no state is completely independent.

Organizational Conflict Resolution and Strategic Choice: Evidence from a Survey of Fortune 1000 Firms

ILR Review ◽  
2019 ◽  
Vol 73 (2) ◽  
pp. 431-455 ◽  
Author(s):  
David B. Lipsky ◽  
Ariel C. Avgar ◽  
J. Ryan Lamare
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Survey Data ◽  
Alternative Dispute Resolution ◽  
Strategic Orientation ◽  
The Other ◽  
Firm Level ◽  
Strategic Orientations ◽  
Fortune 1000 ◽  
The One

This article examines the strategic underpinnings of firms’ use of alternative dispute resolution (ADR) practices. The authors argue that a firm’s strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm’s commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using survey data from Fortune 1000 corporations and identify four distinct strategic orientations toward ADR, which in turn help to explain use of ADR within firms. Finally, they also find that a firm’s commitment to ADR is also shown to affect the firm’s use of mediation and arbitration.

scholarly journals Negotiation and mediation as a means of peaceful settlement of international economic disputes

2021 ◽  
Vol 11/2 (-) ◽  
pp. 16-18
Author(s):  
Maksym KOZLOVSKYI
Keyword(s):  
International Economic ◽  
International Relations ◽  
The Other ◽  
Third Party ◽  
Necessary Condition ◽  
Mediation Process ◽  
Compromise Solution ◽  
Legal Doctrine ◽  
Peaceful Settlement ◽  
The One

Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such authors as I.V. Grynchak, О.M. Malysheva, Z.V. Tropin, etc. The purpose of the paper is to determine the specifics of negotiation and mediation as political ways to resolve economic disputes peacefully. Results. In international legal doctrine, the most common is the division of peaceful means of resolving international disputes into diplomatic (political) and legal (judicial). The most common are negotiations, good services and mediation, international arbitration. International negotiations, as part of the system of international relations, on the one hand, feel their influence, acting as a tool in solving a range of foreign policy and, in some cases, domestic policy problems, on the other – themselves affect international relations, largely defining and shaping them. The difference between mediation and negotiation is that a third party intervenes in the dispute resolution process with the aim of reconciling the parties. At the same time, the role of the mediator is quite passive, the purpose of his activity is to establish a constructive dialogue between the conflicting states. Therefore, the result of applying this method in some cases can only be reduced to the resumption of negotiations. Conclusion. Negotiation and mediation are diplomatic (political) means of peaceful settlement of international economic disputes. Such means of resolving international economic disputes are used in the presence of a common will of the parties to resolve the conflict, and a common focus on finding a mutually beneficial and compromise solution to the dispute. A key difference between negotiation and mediation is the involvement of a third party in the mediation process, which helps the parties to reach an agreed and compromise solution.

INSTRUMENTAL RULES AND MOTIVATION

Legal Theory ◽  
2006 ◽  
Vol 12 (4) ◽  
pp. 315-345 ◽  
Author(s):  
Antony Hatzistavrou
Keyword(s):  
The Other ◽  
Rule Following ◽  
Legal Rules ◽  
The One ◽  
Constraint Model

In this paper I address the issue of the normativity of instrumental rules (for example, legal rules). On the one hand, I criticize Scott Shapiro's “constraint model” of instrumental rule-following according to which instrumental rules have motivational clout qua rules: the agent conforms to them simply because they are rules. On the other, I argue for a purely epistemic account of instrumental rule-following. According to this account, instrumental rules inform the agent which action she is required to perform but do not get her to act. Rather the agent is motivationally guided by the reasons for which she adopted the instrumental rules.

scholarly journals ON THE INFLUENCE OF LAW ON MORALITY

2020 ◽  
pp. 46-49
Author(s):  
K.A. Sinkin ◽  
D.A. Emelyanova
Keyword(s):  
Legal System ◽  
Negative Trend ◽  
The Other ◽  
Legal Rules ◽  
Immoral Behavior ◽  
Other Hand ◽  
Law And Morality ◽  
The One

The article is devoted to the problem of the interaction between law and morality and especially whenlaw influences on morality. The influence of law on morality has two opposite sides. On the one hand, lawdefenses morality but on the other hand, law alters morality. The author of the article marks that suchalteration has negative trend according to which law approves immoral behavior as conformist or marginal.On the basis of analysis of certain legal rules and historical examples the author shows different possibilitiesof the interaction between law and morality and especially the influence of law on morality. There is aconclusion in the article according to which it is highly important to form legal system of Russia based onmorality.

scholarly journals Realtà e memoria di una disfatta

2010 ◽  
Keyword(s):  
Arab World ◽  
Arab Countries ◽  
The Other ◽  
The West ◽  
Military Conflict ◽  
The World ◽  
The One ◽  
Short Essay ◽  
The Military ◽  
The Impact

Realtà e memoria di una disfatta does not address either the causes of the Six Day War or the consequences that the military conflict had for Israelis and Palestinians, about which much has been written. It focuses instead on the impact of the war on Arab countries, and the weighty legacy left by the defeat of 1967, which has been much less studied. There are several references to this in the short essay by Samir Kassir, L'infelicità araba, published posthumously in Italy in 2006. In his analysis, Kassir warns against falling into the dual trap that has ensnared the Arab world for the last forty years: on the one hand the Orientalist reading that lays the blame on Islam for the delayed modernisation of this part of the world, and on the other the temptation to heap responsibility for all evils on the West. To avoid this risk, as Kassir sees it, the Arabs have to take their destiny into their own hands, shrugging off victimism and coming to terms with modernity.

The Principle of Distinction and the Role of Consent

2021 ◽  
pp. 105-118
Author(s):  
Oona A. Hathaway
Keyword(s):  
The Other ◽  
Best Interests ◽  
Moral Justification ◽  
Moral Foundation ◽  
Law Of War ◽  
Just Cause ◽  
Legal Rules ◽  
The One

Arthur Ripstein offers a Kantian response to what he calls “Shawcross’s argument”—the argument that the killing of combatants in war is justifiable only where the war is legal. In doing so, he is seeking to provide a moral justification for what may appear to be an incoherence between the two main pillars of modern law of war: On the one hand, the ius ad bellum provides that states may only lawfully resort to war when they have a just cause. On the other hand, the ius in bello specifies rules governing conduct that apply equally to both sides in a conflict—regardless of whether they are waging a lawful or unlawful war. Hence combatants in an unlawful war are entitled to the same immunities from prosecution as combatants in a lawful one. But how can that possibly be morally just? Shawcross rejects that moral equivalence, comparing combatants in unlawful wars to a “lawless robber band.” In the process, Shawcross—and those sympathetic to his view—threaten to upend the modern law of war. Ripstein comes to international law’s defense, though not in terms most international lawyers would find familiar. Ripstein’s effort to morally ground the international legal rules is admirable. Yet the argument provides a moral foundation for the modern rules of war that is incomplete at best. Moreover, it fails to grapple with the voluntary nature of international law, which allows states to agree to further their long-term best interests even at the price of short-term constraints.

State Corporations: Can We Assess Corporate Governance?

2009 ◽  
pp. 97-110 ◽  
Author(s):  
S. Avdasheva ◽  
Yu. Simachev
Keyword(s):  
Corporate Governance ◽  
The State ◽  
The Other ◽  
Direct Control ◽  
Private Companies ◽  
Legal Rules ◽  
Common Features ◽  
The One ◽  
Role Of The Principal

The article examines state corporations as one of the options to organize the governance of state-own assets. The basic legal rules of state corporations contain imbalance between the complexity and diversity of goals and concentration of resources within state corporations, on the one hand, and weak capacity of control over their activity on the ground of formal rules, on the other hand. In these circumstances the direct control by the highest level of governmental authorities over the corporations activity is critical for achieving the state objectives. The important role of the principal and relatively low demand for corporate governance rules are common features of state corporations and modern Russian private companies.

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