scholarly journals Separating the wheat from the chaff: Delimiting public policy influence on the arbitrability of disputes in Africa

2019 ◽  
Vol 10 (1) ◽  
pp. 104-132
Author(s):  
Akinwumi Ogunranti
Keyword(s):  
Public Policy ◽  
Foreign Investment ◽  
Vital Role ◽  
Economic Interest ◽  
Important Goal ◽  
Party Autonomy ◽  
Global Trend ◽  
National Economic ◽  
Economic Background

This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a means to protect national economic interest against foreign manipulation or exploitation. Anchored on Morgan’s theoretical approach, this article criticizes the excessive role of public policy in determining the arbitrability of disputes in Africa. It calls for a change to reflect the global trend through judicial activism and legislative reform. Although protecting national economic interest is an important goal, restricting matters that are arbitrable will not promote foreign investment. Therefore, countries in Africa must fashion arbitration practices that reflect their socio-economic background as well as contemporary arbitral trends around the world.Keywords: Arbitration; Africa; Party Autonomy; Public Policy

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

scholarly journals Vital Role of Technology on Fighting Covid-19 Pandemic

2021 ◽  
pp. 114-117
Author(s):  
Dr. Jayendrasinh Jadav ◽  
Krishna Kulin Trivedi
Keyword(s):  
21St Century ◽  
World Wide ◽  
Virus Disease ◽  
Vital Role ◽  
World Health ◽  
Global Pandemic ◽  
Global Trend ◽  
The World ◽  
Health Organization

The whole fights against the corona virus disease which is an infectious respiratory disease which has high transmissibility and has no medical therapy or vaccine which has been declared as the pandemic by the world health organization popularly known in short as WHO and is a global pandemic. The 21st century is the digital age and digitalization is the global trend. Technology has played a vital role in fighting with the COVID-19 Pandemic. The sudden world-wide pandemic forced to imposed lockdown during which there is digital surge. This research paper focuses on the vital role of technology in fighting the COVID-19 Pandemic.

scholarly journals Private economic development, experience of some countries and lessons for Vietnam

2021 ◽  
Vol 5 (3) ◽  
pp. first
Author(s):  
Nguyễn Thanh Huyền ◽  
Minh Quyên Nữ Lê
Keyword(s):  
Economic Development ◽  
The United States ◽  
Vital Role ◽  
Economic Modeling ◽  
Private Economy ◽  
Current Period ◽  
Industrialized Nations ◽  
National Economic ◽  
Conducting Research

Private economic development is an indispensable requirement. No matter what economic modeling approach that countries follow, governments could not deny the enormous contribution of this economic sector. In the current period of international integration, the role of the private economy is much more important to the majority of countries, especially industrialized nations. In our country, an affirmation was made regarding the importance of the private sector in the 12th Congress which asserted that: "The private economy is an important driving force of the economy". In fact, in recent years, the private economy has significantly contributed to national economic development. However, currently, there are still policy barriers that hinder the development of the private economy and the internal strength of the economy. Hence, the authorities should encourage researchers on conducting research with the aim of developing this kind of important economic component in accordance with the practical conditions of the country. Within the scope of the article, the author defines the word ``private economy'', the perspective of Vietnam's private economic development, and analyzes the achievements of the private economy in the period of 2011-2018. In addition, the article also examines the experience of some countries, from which we could be able to gain meaningful lessons to improve our national private economic model. The countries chosen include: (i) China, a neighboring country, has a political system relatively similar to Vietnam. China early developed and focused on the private economic system as the result of successfully identifying the vital role of the model in national economic growth. (ii) South Korea and the United States, despite being capitalist, have achieved successful private economic development with an array of valuable lessons for Vietnam.

scholarly journals Tone From the Top: The Role of the General Counsel in the Prevention of International Sports

2021 ◽  
Vol 3 ◽  
Author(s):  
Andrea Carska-Sheppard ◽  
Sarah Ammons
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Executive Leadership ◽  
Vital Role ◽  
Legal Issues ◽  
General Counsel ◽  
Essential Factor ◽  
Policies And Procedures ◽  
Legal Risks

To prevent harassment and abuse in sports, the consensus is that an essential factor is “tone from the top” of the organization. It is key as a catalyst and sustainer of change, whether in the corporate or sports world. An organization's general counsel is one of the go-to top advisors for executive leadership regarding laws and regulations. Additionally, they serve as advisors for issues in other areas, such as public policy, ethical and legal risks, and human rights. With their leadership, general counsels can play a vital role in the prevention of harassment and abuse in an organization. The guidance and leadership of the general counsel should facilitate reviewing and strengthening of the organization's policies and procedures and other strategies helping to prevent and address issues of harassment and abuse. Legal issues become more complex the more global the organization, so more complex strategies are needed to tackle these issues successfully.

Adam Smith's Advisory Style as Illustrated by his Trade Policy Prescriptions

1995 ◽  
Vol 17 (1) ◽  
pp. 86-105 ◽  
Author(s):  
A. M. Endres
Keyword(s):  
Public Policy ◽  
Policy Reform ◽  
Vital Role ◽  
The Political ◽  
Policy Issues ◽  
Political Economist ◽  
Wealth Of Nations ◽  
Extensive Reference ◽  
Policy Discussion

The purpose of this paper is to recover Adam Smith's conception of the appropriate rules of argumentation for the political economist in public policy discussion. Our interest will be in Smith's attempt to model the advisory style which he thought appropriate for an economist writing on public policy issues, advising the legislature and debating constitutional problems. Inferences will be drawn from the scope and tone of Smith's work on some selected issues of economic policy reform discussed in The Wealth of Nations (hereafter WN). Extensive reference will be made to Smith's admission of the vital role of rhetoric in human affairs in his Lectures on Rhetoric and Belles Lettres, and to Smith's view of the legislator's perspective on policy as enunciated in the Theory of Moral Sentiments.

scholarly journals Role of Media in Policy Making: Special reference to Afghanistan

2020 ◽  
Vol 7 (03) ◽  
pp. 5821-5832
Author(s):  
Farooq Jan Mangal
Keyword(s):  
Public Policy ◽  
Mass Media ◽  
Policy Making ◽  
Empirical Studies ◽  
Vital Role ◽  
Policy Outcomes ◽  
Public Policy Making ◽  
Policy Makers ◽  
Legal Information

Mass media (Radio, TV, print…) plays a crucial and vital role in information distribution and thus in the political market and public policy making. Theory predicts that information provided by mass media reflects the media’s incentives to provide news to different types of groups in society, and affects these groups’ influence in policy-making. The study emphasize on the role of mass media in political markets and its effect on public policy-making. It attempts to develop a theoretical relationship between mass media and public policy. The empirical studies have tried to assess the effect of media on policy outcomes.      Analysing various cases in Afghanistan, media influences policy makers and higher authorities to act in accordance of the suggestion and recommendations of media workers and institutions. In recent decades, policy makers have considered on media’s soft and proper demands based on their suggestions and recommendations, even many articles in Afghanistan’s constitution would be amended.      According to our findings, ‘Access to Information Law’, passed by president Ashraf Ghani, was a combine demand of policy makers, lawyers and media workers, who believed that legal information except the information that can harm national security should be accessible by locals and media workers through law. Similarly, Afghan Journalist safety committee developed a comprehensive policy against women Sexual harassment that will be discussed in the paper as a ‘Case Study’. Hence, the policy has been accepted by Government of Afghanistan and is implemented since then

7 The Law Applicable to the Merits and the Award

2015 ◽  
Author(s):  
Kaufmann-Kohler Gabrielle ◽  
Rigozzi Antonio
Keyword(s):  
Public Policy ◽  
Party Autonomy ◽  
Deliberation Process ◽  
Mandatory Rules ◽  
The Law ◽  
Lex Mercatoria

Before describing the main features of an award, this chapter discusses the determination of the law governing the merits of the dispute or lex causae. It considers the role of party autonomy in this respect and examines the scope and content of the potentially applicable substantive laws that may be chosen by the parties or selected by arbitral tribunals, from national laws to transnational rules of law (the so-called lex mercatoria) over trade usages and ex aequo et bono principles. It also discusses the relevance and impact of international public policy and overriding or internationally mandatory rules. Turning to the award, the last part of the chapter sets out a typology of arbitral decisions, addresses the required form and content of awards and discusses the deliberation process as well as issues such as institutional scrutiny, dissenting opinions, and the notification, publication, and effects of the award.

Asiana Airlines Flight 214

2014 ◽  
Vol 4 (2) ◽  
pp. 113-121 ◽  
Author(s):  
Stephanie Chow ◽  
Stephen Yortsos ◽  
Najmedin Meshkati
Keyword(s):  
Human Factors ◽  
Aviation Safety ◽  
Cultural Factors ◽  
Vital Role ◽  
Cultural Issues ◽  
Flight Crew ◽  
Pilot Performance ◽  
Engineering Designs ◽  
Flight Deck

This article focuses on a major human factors–related issue that includes the undeniable role of cultural factors and cockpit automation and their serious impact on flight crew performance, communication, and aviation safety. The report concentrates on the flight crew performance of the Boeing 777–Asiana Airlines Flight 214 accident, by exploring issues concerning mode confusion and autothrottle systems. It also further reviews the vital role of cultural factors in aviation safety and provides a brief overview of past, related accidents. Automation progressions have been created in an attempt to design an error-free flight deck. However, to do that, the pilot must still thoroughly understand every component of the flight deck – most importantly, the automation. Otherwise, if pilots are not completely competent in terms of their automation, the slightest errors can lead to fatal accidents. As seen in the case of Asiana Flight 214, even though engineering designs and pilot training have greatly evolved over the years, there are many cultural, design, and communication factors that affect pilot performance. It is concluded that aviation systems designers, in cooperation with pilots and regulatory bodies, should lead the strategic effort of systematically addressing the serious issues of cockpit automation, human factors, and cultural issues, including their interactions, which will certainly lead to better solutions for safer flights.

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