bluuebunny/crossref_metadata_2025 huggingface dataset:
The Emergence of the Doctrine of Stare Decisis in the World Trade Organization Dispute Settlement System
Authors: Mahncke Hans , Scully-Hill Anne
Published: March 2022

It is widely held that the common law doctrine of stare decisis, which recognizes judicial decisions as sources of law, applies neither to international law in general nor to World Trade Organization (WTO) law specifically. However, in practice, the WTO’s judicial decision-making processes might be said to manifest some of the key characteristics of the common law doctrine of stare decisis. The present study examines the key values and processes related to stare decisis, including consistency and certainty of law, identification of the ratio decidendi of a case and the rules of vertical and horizontal binding precedent as located within the hierarchy of the courts. The WTO’s institutional and regulatory frameworks, as well as key WTO cases, are considered in examining the extent to which the decision-making processes of the Dispute Settlement Body incorporate the doctrine of stare decisis.
Anti-terrorist Blacklisting in the European Union: The Influence of National Procedures on the Judgments of the Court of First Instance of the European Communities
Authors: Koedooder Chris , de Lang Niki
Published: March 2022

The most prominent example of anti-terrorism measures is undoubtedly the freezing of funds of individuals or entities suspected of committing or supporting terrorist acts. The European Union (EU) implements United Nations (UN) Security Council Resolutions and maintains its own anti-terrorist blacklist. This article looks at fund-freezing decisions taken on the basis of both the UN sanctions regime and the autonomous EU sanctions regime and the resulting jurisprudence of the Community courts. Discussion of recent judgments of the Court of First Instance (CFI) in the Sison and OMPI cases, both concerning EU level sanctions, will illustrate that the underlying national procedures can have considerable influence on the Court’s judgments in this field. Central to the discussion will be the relevance of national procedures and judgments on the validity of blacklisting decisions and their review.
Suspensions: To Be Continued The Consequences of the Appellate Body Report in Hormones II WTO Appellate Body Report, 16 October 2008, WT/DS320/AB/R & WT/DS321/AB/R, United States & Canada - Continued Suspension of Obligations in the EC - Hormones Dispute
Authors: Koops Catharina E.
Published: March 2022

In October 2008, the WTO Appellate Body (AB) issued its report on Hormones II, marking the next stage in the long-running Hormones case. This comment discusses the AB’s findings on the matter. It outlines how the AB has shown the correct procedural avenue for cases involving compliance panels, regarding the standard of review, burden of proof and the use of Article 21.5 DSU. In particular, the AB resolves the hitherto unanswered question of how to handle cases concerning the compliance of implementing measures in the post suspension stage. However, some important consequences of the report involve the choice of scientific experts in SPS cases, and the use of the so-called carousel technique by parties that are allowed to suspend concessions. This comment shows how these issues may pose serious threats to the objectiveness of panel procedures, as well as the security and predictability of the multilateral trading system.
Assessing Labour and Environmental Regimes in Regional Trading Arrangements
Authors: Dawar Kamala
Published: March 2022

This article examines environmental and labour regimes in twenty-eight leading regional trade agreements (RTAs). It identifies the different legal regimes regulating labour and the environment within the territories of the parties to these regional agreements. To produce a comparative assessment of the scope and strength of these regimes, the research uses a multidimensional method of legal analysis.

This article argues that as the impact of other international law sources in the World Trade Organization (WTO), including labour and environmental law seems to be narrowing, labour and the environment regulation within RTAs is expanding. These ‘behind-the-border’ regulatory commitments are made more enforceable when they are linked to trade agreements because trade retaliatory measures are potentially permitted in the event of non-compliance.

This article concludes that despite the shift towards including labour and environmental regulation within RTAs, there are strict limits to how far these regimes can promote these issues. This has implications for the use of RTAs as a forum for this type of regime.
Competition and Advantage under Internal Market and State Aid Rules: Is There a Gap in the Law?
Authors: Nicolaides Phedon
Published: March 2022

The paper examines an unusual case involving both a restriction of the freedom to provide services and possible state aid. Organismos Prognostikon Agonon Podosfairou (Organisation of Betting on Football Matches, OPAP), the Greek operator of games of chance, enjoys exclusive rights. The Court of Justice has found that Greece has not exercised sufficient control on OPAP. At the same time, the Commission has assessed the fee that OPAP pays to the Greek State for possible state aid. The Commission has concluded that the fee is high enough to prevent OPAP from earning excessive profits. However, the benchmark that the Commission used assumes that OPAP is a normal operator and not a holder of a legal monopoly with special public policy obligations. The Commission should have taken into account both the monopoly position of OPAP and the impact of those obligations on its profitability.
Collective Redress in Environmental Matters in the EU: A Role Model or a Problem Child?
Authors: Eliantonio Mariolina
Published: March 2022

The issue of collective redress in the European Union (EU) has been gaining increasing attention thanks to recent initiatives on the part of the European Institutions. European action in the field of collective litigation in competition and consumer matters is, however, still at an early stage of development. In environmental matters, however, while not primarily EU-driven, there is already a well-established framework of collective litigation established by the Aarhus Convention. The subject matter of this article is whether the mechanisms of collective redress envisaged by this international Convention are working within the EU legal system as they should. After providing some background on the special features of environmental law (which affect their enforcement modalities) and an overview of the mechanisms of collective litigation in the Member States, this article will contextualize the issue of collective redress in environmental matters in the framework of the Aarhus Convention, and will explore the current obstacles faced in the enforcement of EU environmental law before national courts. This analysis provides some ground to draw a conclusion as to whether the current system of collective redress in environmental matters can be regarded as a model for the current debate on this topic for competition and consumer issues.
The ESMA-Short Selling Case: Erecting a New Delegation Doctrine in the EU upon the Meroni-Romano Remnants
Authors: van Rijsbergen Marloes , Scholten Miroslava
Published: March 2022

The delegation of powers to EU agencies has been a matter for debate for a long time since no treaty provision has even governed this issue specifically, nor has the Court applied the restrictive Meroni standard of delegating executive and not discretionary powers directly to agencies. In light of the new ESMA-short selling judgment and its implications, this article discusses the issues of the nature and scope of powers that EU agencies can be given. It argues that upon the Meroni-Romano remnants, the new judgment erects a new delegation doctrine in the EU: EU agencies can be given powers to take legally-binding decisions of general application. These powers may entail discretion, which should be limited. This article concludes by highlighting a number of questions that remain unresolved. It argues for the necessity of a (treaty-based) legal framework because empowering EU agencies is an act of conferral, rather than delegation, and discretion given to agencies may be at times of a legislative (normative) nature.
Finding Space for Regulatory Autonomy in GATS Article XVII after EC  Seals: Public Services and the Likeness of Public and Private Service Providers
Authors: Connolly Katherine
Published: March 2022

The GATS may prohibit government regulation ensuring access to and quality of essential public services. Specifically, government subsidies, favourable tax regimes for public entities, and the targeted regulation of private entities may violate national treatment obligations, despite the apparent protection of the governmental authority exception, scheduling flexibility and the general exceptions. This paper's driving question is how a Member State wishing to distinguish between public and private entities in its regulatory regime might defend itself against such charges. It is submitted that public and private providers of public services are not 'like' service providers. 'Likeness' in national treatment obligations continues to be crucial in balancing trade liberalization against regulatory autonomy. This is particularly so following EC - Seals, in which a resurgent 'aims and effects' test was rejected; 'flexible or imaginative' use of the likeness criteria is one of the only remaining safety valves for regulatory autonomy within national treatment obligations.
A Comment on the Inconsistency between the EU-Turkey Association Law and EU Secondary Legislation
Authors: Özdemir Sahir
Published: March 2022

The Court of Justice dealt with the problem of inconsistency between the EU-Turkey association law and European Union (EU) secondary legislation in the Soysal case. The solution adopted by the Court was to accord primacy to the association law and to interpret the provisions of secondary legislation, to the extent possible, in a manner that is consistent with that law. However, this solution was not taken into consideration during the accession of Croatia to the EU and Croatia had to adopt the relevant secondary legislation which itself was adopted by the EU without observing its respective standstill obligation, which led to the tightening of its more liberal regime towards Turkey. Moving from the example of Croatia, this contribution explores the limits of the consistent interpretation approach of the Court and proposes a solution reconciling this approach with the obligations of EU membership.
Legal Problems of Future Sanitary and Phytosanitary Co-operation between ASEAN and the Three-Sisters
Authors: Wongkaew Thitirat
Published: March 2022

Changes generated by the Association of Southeast Asian Nations (ASEAN)’s decisions made in the sanitary and phytosanitary (SPS) area cannot all be considered as ‘developments’. Some of them, provoked by protectionist measures, may be regarded as ‘regressions’ because they produce negative effects (anti-development), which could thwart the effective protection of public health under regional frameworks, and a fortiori the integration process towards ASEAN 2025. This article highlights the potential of the Codex Alimentarius Commission, the World Animal Health Organization and the Secretariat of the International Plant Protection Convention, collectively called the ‘three-sisters’, to play their role as promoters of change in Southeast Asia. The analysis underlines the possibility of deepening future co-operation between ASEAN, on its own behalf, and the ‘three-sisters’ through conclusion of legal instruments. It aims to answer mainly two questions. First, what is the type of interactions between ASEAN and the ‘three-sisters’? Second, what are ASEAN’s relevant rules related to the conclusion of international agreements with such entities – what strengths and gaps? From the ‘New Haven’ perspective, the article suggests new perceptions vis-à-vis some conditioning factors for the success of more extensive SPS co-operation (e. g. ill-defined ASEAN’s legal personality and strong influence from political organs in the negotiation and decision-making process).
Is Transatlantic Trade and Investment Partnership a Regional Contribution to Global Economic Governance?
Authors: Bourgeois Jacques H.J.
Published: March 2022

The negotiation of Transatlantic Trade and Investment Partnership (TTIP) has been followed to an unprecedented extent by civil society. One of the issues underlying the debate is whether TTIP would contribute positively to global economic governance.

This contribution is a limited attempt to address this issue from two different perspectives. First, it tries to reply to the question of how TTIP would relate to the World Trade Organization (WTO), a major form of global economic governance; whether it would be legally consistent with the WTO and whether, where it deals with areas potentially within the scope of the WTO, it blocks any action at WTO level in these areas.

Second, this contribution addresses the question whether TTIP would contribute in other areas beyond the scope of the WTO, to global economic governance; it examines a few such selected areas.
The AfCFTA and Trade Facilitation: Re-Arranging Continental Economic Integration
Authors: Magwape Mbakiso
Published: March 2022

The African Continental Free Trade Agreement (AfCFTA) was launched on the 21 March 2018 with overwhelming support by African States. The FTA emerges against the backdrop of unsuccessful continental economic integration attempts, characterized by failed target-deadlines, multiplication of RTAs (the ‘spaghetti-bowl effect’) and political and governance issues. The AfCFTA re-arranges the African continental integration construct by employing a ‘top-down’ approach. This is a drastic departure from the ‘bottom-up’ structure championed by the African Economic Community (AEC) through Regional Economic Communities (RECs). This article examines the change in institutional framework adopted by the AfCFTA, the role that existing RECs have under the said Continental FTA, and aligns international instruments with legal provisions binding on Member States.

 

The Article focuses on trade facilitation which took centre stage during the Doha Development Round. African States have embraced trade facilitation, the AfCFTA has followed suit and has cemented provisions in its Protocol on Trade in Goods. An overwhelming majority of AfCFTA Signatory States are WTO Members, and have also ratified the WTO Trade Facilitation Agreement (WTO TFA). The Article reconciles legal trade facilitation obligations of African Member States under the AfCFTA and the WTO TFA, and establishes the legal relationship between the AfCFTA and the WTO.
The Rule of Law, Economic Constitutions and Institutional Balance
Authors: Prosser Tony
Published: March 2022

Economic constitutions may be ‘substantive’, seeking to implement fundamental economic policies or ‘the will of the people’ in relation to economic management, or ‘communicative’, establishing institutions for economic organisation and holding these accountable. In the context of fiscal policy there have been recent important successes for the ‘substantive’ model through the use of balanced budget rules, but a more ‘communicative’ approach can be seen in the development of fiscal councils. Similar moves to a more ‘communicative’ model can be found in monetary policy and in the regulation of public utilities, including in EU liberalization. If such a move is to be successful, the institutions involved need independence, though this should not be confused with complete autonomy of decision-making as decisions will often need to be taken within a broader framework of government policy. The ‘communicative’ model is the most appropriate one for an economic constitution in complex modern economies.
The EMU and Its Multi-Level Constitutional Structure: The Need for More Imaginative ‘Dialogue’ Among and Across EU and National Institutions
Authors: Ruiz Almendral Violeta , Lamandini Marco , Ramos Muñoz David
Published: March 2022

‘Finance’ has become the most salient part of the European project. For better or worse, it has been the EU’s major field of experimentation for institutional innovations, and also the protagonist of its major tensions. Such tensions pervade the Monetary Union, the Banking Union, and the framework for fiscal stability and budgetary coordination, and, in important occasions or respects, have ignited inter-court conflicts, exposed some accountability gaps, and made more difficult than desirable cooperation towards a common policy and mutual understanding, albeit in the diversity, at the inter-governmental level. It need not be like this. All those shortcomings can be overcome without major statutory reform, with a more imaginative use of the tools already in place, and (crucially) a change in the practice of dialogue between institutions and bodies, both from a vertical perspective (notably, courts, but also parliaments and governments) and a horizontal one (between political, administrative and judicial levels of accountability).

European Monetary Union, EMU, banking union, fiscal coordination, judicial review, accountability, dialogue
When Integration by Stealth Meets Public Security: The EU Foreign Direct Investment Screening Regulation
Authors: Verellen Thomas
Published: March 2022

The EU FDI Screening Regulation (the Regulation) is an interesting application of the ‘integration by stealth’ theory to the sphere of investment screening. The Regulation leads to integration in the sense that, for the first time, the Commission is granted a role in the process of investment screening within the EU. However, Commission involvement comes at the cost of simultaneously strengthening the hands of the Member State screening authorities, leading to a suboptimal policy outcome whereby neither the Commission nor the Member States may have at their disposal the necessary tools to screen investments quickly and thoroughly, as is required to maintain an open investment environment. The shortcomings of the Regulation are likely to trigger calls for further reform. To develop this argument, this article (1) legally examines the main features of the Regulation and (2) explores the interplay of the Regulation with EU free movement rules. The article explains how the Regulation is likely to contribute to an uptake in national screening decisions, but not to a concomitant increase in enforcement opportunities for the Commission or the Court of Justice of the EU. This creates an enforcement gap, which may put pressure on the existing free movement framework and may risk encouraging Member States to develop a national as opposed to a common EU conception of public security and order.

European Union law, European integration, foreign direct investment screening, free movement of capital, freedom of establishment, investment liberalization, functionalism, neo-functionalism, Court of Justice of the European Union, common commercial policy, rule of law, judicial protection, enforcement
Exempting and Justifying Covid-19 Related Export Restrictions Under WTO Law
Authors: Huang Chieh
Published: March 2022

WTO Members have adopted various trade-related measures under their domestic laws in response to the outbreak of Covid-19. The article discusses ways to exempt or justify quantitative export restrictions or bans which are in principle prohibited by Article XI:1 GATT.To this end, it sheds a light on the different scopes and requirements of Article XI:2 (a), Article XX (b) and ( j) GATT, as well as of Article XXI (b) (iii) GATT. The article finds that the GATT provides a solid legal framework for both the exemption and justification for Covid-19 related trade measures; additionally, it raises the question of whether Article XXI (b) (iii) GATT likewise provides an appropriate legal basis to justify Covid-19 related trade restrictions.

Covid-19, pandemic and trade, export restrictions, WTO exceptions, national security
Introdução ao Design de Sistemas de Disputas: Câmara de Indenização 3054
Authors: Faleck Diego
Published: March 2022

ABSTRACT: The objective of this article is to present "Dispute Systems Design" (DSD) as a new field among other dispute resolution methods in Brazil. The focus is the design of dispute resolution syste­ms, created for the unique needs of a concrete case, providing efficiency and cutting of the conflict's transaction costs, while also allowing stakeholders to achieve their goals, with more participation and perception of justice. To demonstrate the advantages and challenges of the approach, the article will address the creation and work of the advantageous Câmara de Indenização 3054 (CI 3054), the first Brazilian DSD case, designed to provide an efficient and just system to compensate the victims of the horrific plane accident which occurred on July, 17, 2007, TAM fight 3054, in which, tragically, 199 people lost their lives. The current "Justice Crisis", in which the Brazilian Judiciary branch is sunk, demands creative solutions, beyond the conventional forms of action and legal thinking featured in the country. Standardized legal formulas and model solutions, most of the times, are not sufficient for dispute resolution. One size does not fit all when it comes to complex conflicts.
Discovery Arbitral
Authors: Stampa Gonzalo
Published: March 2022

ABSTRACT: This article analyses the content and the scope of discovery in arbitration, as an accepted means of evidence. Based on technical reasoning and using a comparative approach to both common law and civil law, its author describes the fundamentals to understand this evidentiary mechanism in arbitration proceedings; an understanding that includes the identification of those recommended requirements for being granted in the course of any arbitration - whichever its nature or character - and the detection of foreseen difficulties, which may arise during its application. Its author explains the main components of discovery in arbitration and characterizes its five distinctive principles, the practical relevancy of its limited application in arbitration proceedings and its using guidelines for both arbitrators and parties.
La Dénonciation de la Convention Cirdi en Amerique Latine: Significations et Consequences
Authors: Hamida Walid Ben
Published: March 2022

ABSTRACT: On May 2, 2007, the ICSID received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) from the Republic of Bolivia. One year later, on July 6, 2009, the ICSID received another notification of denunciation from the Republic of Ecuador. Besides, some states decided to denounce some investment treaties that provide for ICSID arbitration. This article explores the legal and political signification of the denunciation of the Washington Convention stricto sensu and investment treaties and the consequences of such denunciations.
Breves Apontamentos sobre a Extensão do Dever de Revelação do Árbitro
Authors: Marques Ricardo Dalmaso
Published: March 2022

ABSTRACT: This article addresses the issue of the extent of the arbitrator's duty of disclosure in the international sphere and in the Brazilian scenario as from the basic concepts of such duty. The issue is dealt with under the light of the particularities of the duty of disclosure as an instrument originated from the peculiarity of arbitration to confer the parties the autonomy to elect the judge, such as from the existing differences between arbitration and the judicial sphere - as diverse systems. Besides the elements of independence, impartiality and neutrality, the confidence in the arbitrator is described as the objective to be pursued with the due exercise of the duty of disclosure. The regulation on the duty of disclosure is put under examination and study, of which premises are established specially in atten­tion to the necessary specificities to ascertain the reliability in view of which this duty was created. Some views on the applicability of the existing soft law - such as the IBA Guidelines - in the Brazilian scenario are analyzed, having as is main premise the importance of the adequate exercise of the duty of disclosure in order to preserve the confidence in the figure of the arbitrator and, consequently, in the institute of arbitration itself.
A Responsabilidade pelo Exercício da Função Jurisdicional do Árbitro  Uma Leitura do Enunciado do Artigo 9º, n. 4 e n. 5, da Nova Lei de Arbitragem Voluntária Portu
Authors: Cremasco Suzana Santi
Published: March 2022

ABSTRACT: The Law nº 63/2011 contains the new discipline in volunteer arbitration in Portugal and inserted numerous changes in the established system, including the issue of arbiter liability. Beyond maintaining the liability rules that existed previously, the legislator established, in the 9th article, n. 4, that the "arbiters cannot be held liable for damage arising from decisions they make, except in the cases in which the invested judges may be held liable", and, in the 9th article, n. 5, that "the liability of the arbiters foreseen in the anterior number has its place only between parts". Everything indicates, then, that the arbiters, on one side, could only be claimed in the same hypothesis of liability fixed for the judges - that reminds us of the precepts in the Law nº 67/2007, from December 31st, which approved the general discipline of State civil non contractual liability for damages due to the exercise of their functions. On the other side, those same arbiters could only be claimed directly by the parts, contradicting the personal non-liability rules of the magistrates and pushing away the existence of liability and, thus, of rights of recovery by part of the State, equally fixed by the Law nº 67/2007. It is in this context that the present works emerges, which aims to analyze the arbiters liability in light of the new system incorporated in the Portuguese legal body.
Extensão Objetiva da Cláusula Arbitral
Authors: Fernandes Wanderley , Gago Jéssica Ricci
Published: March 2022

ABSTRACT: The growth and strengthening of arbitration in Brazil after the ruling by the Brazilian Supreme Court on the proceedings number SE 5206, through which the en banc Court ruled for the constitutionality of several sections of the Brazilian Arbitration Law (Federal Law number 9.307, dated September 23rd, 1996) raised many and new challenges for the consolidation of arbitration as a trustworthy dispute resolution alternative. This work analyses one of the polemic questions that arose, which is the possibility of extension of the objective effects of the arbitration clause in linked contracts. The theme regards the enforceability per relationem of the arbitration clause which is not expressly provided in a determined and specific contract, although it integrates several linked contracts which compose a complex relationship between the same parties. Both arguments which ground the favorable and unfavorable opinions concerning the extension of the objective effects of the arbitration clause were raised and the research sought to identify which of those arguments better adjust to Brazilian Law. The conclusion is for the possibility of the extension of the objective effects of the arbitration clause concerning linked contracts in complex economic relationships between the same parties.
Sede da Arbitragem e Regulamento da Instituição Arbitral: uma Relação de Autonomia
Authors: Rodovalho Thiago , Tripodi Leandro
Published: March 2022

ABSTRACT: This study aims to analyze the relevance of the seat of arbitration, especially in international arbitration, seeking more that arbitration-friendly headquarters, but also it is a neutral seat for the parties and neutral in relation with the dispute (neutrality of the seat) and the relation between the seat of the arbitration and the seat of the arbitration institution, in particular, the relationship between the regulation of the Arbitration Chambers and the arbitration acts, discussing the need for more flexibility.
Wrong answers to wrong questions? A new approach to judicial review of international arbitral awards
Authors: Aden Menno
Published: March 2022

ABSTRACT: Debating the highly complex issue of error in the interpretation and application of domestic law by the arbitrator, the article proposes the comparative study of multiple possible manifestations of the field of arbitration, including US and English arbitration, Common and Civil Law, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards the role of the state court judge and an historical analyses of the issue, in order to fully discern how the current mindset approaches the issue. Central to the question is the interpretation of each of the studied systems of law and how each has traditionally faced the issue of wrongful application of national law in an arbitration procedure would go against the parties’ agreement to arbitrate.
Efficiency and equilibrium in the allocation of arbitration costs
Authors: Pimentel Wilson
Published: March 2022

ABSTRACT: This article considers, from the standpoint of an economic approach to law, the regimens for the allocation of costs in international arbitration. The author analyses the manner in which such regimens encourage parties to negotiate or mediate on realistic bases, before or during the arbitration proceedings. The American and the English methods of cost distribution are studied from an economic perspective of law and the use of game theory, in order to observe the extent to which they succeed in effectively give rise to incentives for settlement. Finally, we set out some considerations as to the establishment, by arbitral institutions or by the parties themselves, of more efficient and balanced rules as to the distribution of costs, including provision for the impact on costs of an offer to settle.
Iura novit curia nas arbitragens
Authors: de Lucca Rodrigo Ramina
Published: March 2022

ABSTRACT: This article studies the applicability of iura novit curia to arbitration. The author demonstrates that the private nature of arbitration is incompatible with the public values that have inspired the development of the aphorism in Procedural Law. Therefore, it is necessary to erect a specific institution to Arbitration Law with its own characteristics – henceforth called iura novit arbiter. The author concludes that iura novit arbiter is a natural consequence of the parties’ freedom to choose the substantive law governing the dispute before the arbitrators. At the end, the article analyses some procedural issues involving iura novit arbiter, including: the right to be heard, the correlation between claim and award and the procedural errors related to the misuse of the aphorism.
O artigo 485, VII, do Novo Código de Processo Civil e o reconhecimento de competência pelo árbitro como pressuposto processual negativo no processo judicial
Authors: Cremasco Suzana Santi
Published: March 2022

RESUMO: O novo Código de Processo Civil – Lei nº 13.105/2015 –, embora tenha respeitado a sistemática da arbitragem trazida pela Lei nº 9.307/1996, contemplou alguns avanços importantes na interface entre a arbitragem e o processo judicial. Uma das maiores inovações, sem dúvida, é o reconhecimento da convenção de arbitragem pelo árbitro como causa de extinção do processo sem resolução de mérito (art. 485, VII, parte final), em claro prestígio ao princípio da competência-competência tão consolidado no universo arbitral. Ao fazê-lo, o legislador de 2015 cria uma nova modalidade de pressuposto processual negativo no processo judicial. Analisar esse novo pressuposto, os seus contornos e os seus limites na nova codificação brasileira é o objeto e o desafio deste trabalho.

ABSTRACT: The new Civil Procedure Code – Law 13.105/2015 – respected the arbitration system brought by Law 9.307/1996 as well as contemplated some important advances in the interface between the arbitration and the judicial process. One of the greatest innovations, undoubtedly, is the recognition of the arbitration agreement by the arbitrator as a cause of dismissal without prejudice (article 485, VII, final part), in clear prestige to the competence-competence principle consolidated in the arbitral universe. In doing so, the 2015 legislator creates a new modality of negative procedural presupposition in the judicial process. To analyze this new presupposition, its contours, and its limits in the new Brazilian code is the object and the challenge of this paper.
Inapplicability of the Arbitration Agreement Due to the Impecuniosity of the Party
Authors: Fabbri Mauricio Pestilla
Published: March 2022

RESUMO: Falta de fundos e arbitragem internacional são dois conceitos que não combinam bem, pois a arbitragem é um mecanismo privado de resolução de disputas que depende do financiamento das partes. A falta de fundos de uma ou de ambas as partes poder dar origem a alguns problemas, incluindo o risco de denegação de justiça e o risco de procedimentos paralelos e decisões conflitantes. Este trabalho sugere soluções para lidar com a alegação da falta de fundos por uma parte signatária de uma convenção de arbitragem. Essas soluções envolvem a criação de um mecanismo eficiente para resolver disputas sobre a validade da convenção de arbitragem, o que depende de emendas às leis de arbitragem e às regras das instituições arbitrais atualmente em vigor. Além disso, as instituições arbitrais e os tribunais arbitrais precisam ter mais liberdade para lidar com custos, financiamento de terceiros e garantias para cobrir os custos da arbitragem.

 

ABSTRACT: Impecuniosity and international arbitration are two concepts that do not combine well, since arbitration is a private method of dispute resolution that depends on the sponsorship of the parties. The impecuniosity of one party or both parties can give rise to some problems, including the risk of denial of justice and the risk of parallel proceedings and irreconcilable decisions. This work suggests solutions to deal with the allegation of impecuniosity by one party that has previously executed an arbitration agreement. These solutions involve the creation of an efficient mechanism to solve disputes about the applicability of the arbitration agreement, which depends on amendments to national arbitration laws and to the arbitral institutional rules currently in force. Also, arbitral institutions and tribunals need to have more freedom to deal with costs, third party funding and security for costs.

SUMÁRIO: 1 Introduction, definitions and assumptions; 2 The problem in its current context; 3 Interpreting the rules applicable to the arbitration agreement; 4 Deep analysis of each view through courts’ approaches; 5 A possible way to move forward; 6 Third-party funding; 7 Security for costs; 8 How to deal with parallel proceedings? 9 Conclusion.
Recent Developments in the Paris Court of Appeals Approach to Public Policy
Authors: Wheeler Rory V.
Published: March 2022

Since February 2017, the Paris Court of Appeal has changed its approach to assessing whether the recognition or enforcement of an international arbitral award conforms to international public policy as it is defined by French courts. The Court has moved away from its previous approach that consisted in a summary review of the award’s conformity with public policy, to a full assessment in fact and law, unbound by the evidence presented to the arbitrators or by the findings in their award. This article recalls the Court’s prior minimalist approach, before describing the three main recent cases from the Paris Court of Appeal and analyzing the Court’s new approach.
Impact of High-Performance Work System on Employees Performance: The Mediating Role of Psychological Contract Breach
Authors: Zaman Akbar , Khan Irfan
Published: March 2022

The High-Performance Work System (HPWS) is leading phenomenon that offers compact package of different human resource practices. The HPWS is important and effective for all organizations in modern competitive situations. This system allows organizations including the higher education institutions to get the desired performance over a compact system to attain the desired short-term tasks and long-term objectives. The HPWS helps in defining the parameters that are dynamic in attaining the desired performance in the institutions. The employees’ performance is the most effective phenomenon leading to the employees’ actual potential and efforts towards task achievement. The existing literature offered different factors that may interrupt the linkages between HPWS and employees’ performance. In this connection, psychological contract breach has been researched as mediator in different contexts which is still missing phenomenon in higher educational context. For this purpose, this study aimed to examine the above-mention relationship in educational sector by collecting and analyzing the data obtained through structured questionnaire from teaching faculty hailing from southern region HEIs in KP, Pakistan. The results provide significant information in deciding relationships among the results thereby offering certain policy implications to policy makers and recommendations to the future researchers.
Sobrerrepresentación Legislativa en América Latina: Estudio comparativo del número de escaños en los parlamentos
Authors: Ruiz Hector
Published: March 2022

Diversos estudios comparativos que analizan la sobrerrepresentación legislativa, y suelen ser muy simplistas y poco objetivos; debido a que se limitan a comparar el número de legisladores entre distintos países, sin tomar en cuenta los diferentes contextos, culturales, económicos, sociales, políticos y democráticos en los que se sitúan cada país. En este documento realizamos un análisis menos simplista entorno a la sobrerrepresentación legislativa, donde consideramos a factores como la población, el tipo de gobierno, la situación geográfica e incluso analizamos situaciones de carácter económico de los diferentes países. Todo ello en búsqueda de una aproximación al criterio que establezca, en donde hay sobrerrepresentación y donde no la hay.
Aproximación a la calidad de vida de usuarios comunitarios de servicios sociales: avances en la inclusión
Authors: Carrión Berrú Celsa Beatriz , Reyes Masa Betti del Cisne
Published: March 2022

El presente trabajo propone un análisis integral del concepto de calidad de vida, a través de procesos de análisis multidimensional y metodologías de escala que permiten identificar los niveles de calidad de vida de usuarios comunitarios de servicios sociales, un tema de especial relevancia frente a condiciones de inclusión. Tomando como referencia empírica los estamentos comunitarios, se logra determinar que existen dimensiones como el bienestar físico y el bienestar material que de forma más frecuente afectan la calidad de vida de las personas. Se reconoce, además que la falta del ejercicio pleno de los derechos disminuye la calidad de vida de los mismos. Se reconoce además que existen variables externas que afectan estas dimensiones, es el caso de la pandemia del COVID- 19 que ha disminuido durante el periodo de estudio, el nivel de las dimensiones de bienestar emocional y relaciones interpersonales.
Democracia y Profesionalización Legislativa
Authors: Ochoa Jimenez María de los Ángeles
Published: March 2022

En este trabajo se estudia la relación que existe entre la experiencia política de los legisladores y la capacidad de proponer leyes. En este artículo se debaten teorías en torno a la profesionalización política y a la importancia de la alternancia en democracia. Se trabaja con datos de tipo cualitativos de la Asamblea Nacional ecuatoriana en el periodo 2003- 2007, donde se logra demostrar existe una participación muy similar entre los políticos con experiencia y aquellos que por primera vez asumen el cargo.
Ernest Hemingway’s Recognition of Ideologies of White Supremacy, Colonialism, and Anti-Semitism in The Sun Also Rises
Authors: Aqeeli Ammar
Published: March 2022

Ernest Hemingway’s creation of a vilified Jewish character in The Sun Also Rises (1926) has outed him as anti-Semitic. His negative treatment of the Jewish character Robert Cohn can be read as an unpleasant portrait of Jews. Putting theories of postcolonialism in conversation with the theory of performativity, I read The Sun Also Rises (1926) as a narrative that challenges racial stereotypes generated by colonial discourses of race and ethnicity. This study challenges any claims of Hemingway’s anti-Semitism by investigating his defiance of notions of white supremacy and colonialism as inspired by scientific racism and its reinforcement and legitimization of white dominance. I contend that Hemingway’s deployment of anti-Semitic language and representations serves to illustrate his recognition and subversion of the racial hierarchies perpetuated by colonialism and scientific racism. Hemingway’s novel tends to unveil and interrogate notions of white supremacy and colonialism rather than to racialize Jews.
Advertisement System Cloud Based
Authors: Kumar Rahul , Bhuvana Dr.
Published: March 2022

The Advertising System Project is a complete online solution for advertisers who want to advertise their products on online media or websites. This project is developed for users who want to manage their online advertising from one place. This website is useful for employees and managers of advertising agencies to manage ads and view reports. This system provides a complete service for advertisers to present their products and services to the online marketplace. The advertising system will give the solution to all the problems related to online marketing. In this system, the user can create ads and also choose the website where he wants to show his ads online.
CO2 decomposition using the coaxial dielectric barrier discharge: effect of additive gas and double outer electrodes
Authors: Rattanarojanakul Nikom , Srikhongrak Somyos , Nulek Witoon , Tirawanichakul Yutthana
Published: March 2022

This work has studied CO2 decomposition through the dielectric barrier discharge (DBD). The configuration of the DBD reactor was performed as a coaxial DBD tube. The dielectric barrier was made of a quartz tube with 1 mm thickness, while an outer electrode was made of a copper flat sheet wrapping around a quartz tube. The coaxial axis was made of stainless steel rod to be an inner electrode. The power source was applied by the alternative current (AC) high voltage with 7.8 kHz of frequency to both electrodes of the plasma reactor. The experiment was conducted on various conditions such as a mixed gas ratio, discharge gap, applied voltage, outer electrode length, two outer electrodes, and gas flow rate. The results showed that CO2 conversion was decreased when CO2 concentration increased. Similarly, the increase of gas flow rate also caused the decrease of CO2 conversion. Whilst the increase of an applied voltage causes the CO2 conversion clearly increased. Similarly, the CO2:Ar ratio of 60%:40% achieved 30% of CO2 conversion. Furthermore, the high percentage of CO2 conversion of 47.2% has been obtained from a 1.3 mm discharge gap with 40 ml/min of gas flow rate.
Erbbiologie und “Volkstums”-Forschung am Wiener Anthropologischen Institut: Das „Marienfeld- Projekt“ 1933/34
Authors: Teschler-Nicola Maria
Published: March 2022

In 1932, the “Working Group on Genetic Biology” (Die Erbbiologische Arbeitsgemeinschaft) was established at the Anthropological Institute of the University of Vienna (Anthropologisches Institut, Universität Wien) under Josef Weninger (1886–1959).!is paper discusses the anthropological research carried out by this Working Group during the winter of 1933–34 in the village of Marienfeld (Teremia-Mare) in the Banat, which endeavoured to shed light on the racial constitution, genetic biology, and ontogenetics of that village’s German community. It consisted of the anthropological examination of 1081 people out of a total of 251 families. According to Eberhard Geyer, the novel aspects of this anthropological research were “its coverage of individuals of all ages including very young children”, as well as the specialized recording techniques.Eight work-stations operated simultaneously, all focusing on di"erent tasks: the #rst station compiled personal and genealogical data; the second took stereo-photographic images of the ear; the third made photographic and schematic views of the hand and the foot; the fourth took a three-part (face, pro#le, back) photographic image of the head and the ocular region; the #fth, measured the head, body and took hair samples; the sixth took #ngerprints; the seventh made drawings of the iris and recorded eye colour; and, #nally, the eighth took measurements of the nose. Josef Weninger concentrated on identifying traits of the eye; Eberhard Geyer focused on the ear; Dora Maria Könner was responsible for taking photographs of the hand and foot; Robert Routil was in charge of taking hair samples and analysing metric dimensions; Margarete Weninger’s specialty were the papillary lines of the hand; Albert Harrasser was in charge of developing photographs; and, #nally, Karl Stump% conducted psychological examinations. Only on closer inspection does it become apparent that the main actors pursued very di"erent interest – political, commercial or personal – in the realisation of this project and that their divergent ideological positioning was decisive for the course of the project.
AMS Dating of an Artifact from Banat Museum’s Egyptian Collection and Remarks Regarding the Preservation Status
Authors: Diaconescu Dragoș , Stancovici Dana
Published: March 2022

Quite a large number of Egyptian antiquities acquired at the end of the 19th century and the beginning of the 20thcentury were proven as being forgeries. One of the best method to identify this kind of fraud, for the items manufactured from organic mass, is the 14C dating. A fragment of a coffin from the Banat Museum’s collections, assigned on stylistically analysis to the 21st Dinasty, was dated via AMS and thus its chronological position was confirmed and, consequently its authenticity was clearly established. The relative poor status of preservation of the item in question as well as of other four fragments from the same coffin is demanding the initiation of the restoration work.