Thesis (Ph. D.)--University of Texas at Austin, 2008. / Vita. Includes bibliographical references.

Thesis (M.A.)--Briercrest Seminary, 2008. / Abstract . Includes bibliographical references (leaves 121-128).

Thesis (M.A.)--Briercrest Seminary, 2008. / Abstract . Description based on Microfiche version record. Includes bibliographical references (leaves 121-128).

Thesis (M.A.)--Trinity Evangelical Divinity School, 2004. / Abstract. Includes bibliographical references (leaves 84-85).

Thesis (M.A.)--Trinity Evangelical Divinity School, 2004. / Abstract. Includes bibliographical references (leaves 84-85).

Thesis (M.A.)--Trinity Evangelical Divinity School, 2004. / Abstract. Includes bibliographical references (leaves 84-85).

Arbitration is of growing importance across the United Arab Emirate (UAE) and there are various arbitral regimes with different levels of international respectability within the federation. Despite the existence of a draft federal arbitration law there is no respective federal law in place. The economy of the UAE has expanded over the last 5 decades and with economic development has come an increase in commercial activities, which has led to higher incidence of commercial disputes on an equally high rate. Arbitration has not only become a favourite route for domestic commercial transactions but it also applies to international commercial transactions and investment disputes. With the increase of arbitration cases in the UAE, it has become necessary to pass a federal law for arbitration in general in order to fill the legal vacuum in the present civil and procedures law No.11/1992. Passing a federal law to regulate arbitral proceedings would enhance the legal position of the UAE and not just a part of it in attracting international investment. This will in turn lead to improved economic growth and the encouragement of foreign investments. The significance of enacting a new arbitration law is that it would also help to end the conflict between the existing nine arbitration centres in the UAE with regard to the enforcement of local and foreign judgments. The different regulations and laws for each centre furthermore creates uncertainties about how to enforce awards between these centres. This begs the question of when will this important Gulf Cooperation Council member state have a deserving and fit for purpose federal law on commercial arbitration. This thesis evaluates the draft federal law, investigates the socio-legal challenges preventing the achievement of the noble aim of implementation of a federal law and evaluates the existing regimes and bodies regulating arbitration in the federating parts of the UAE.

No description available.

This thesis is concerned with the problems met by the administrative enforcers of the Antimonopoly Law (the AML 2007) of the People’s Republic of China (PRC) during its public enforcement. It provides solutions to some of these problems with reference to EU competition law and US antitrust law. Although the thesis cannot solve all the problems once for all, it does provide effective solutions to the three following important issues: 1. how to establish and improve transparency of Chinese merger control procedure; 2. how to allocate public enforcement power of the AML 2007 between the Central and Provincial enforcers; and, 3. how to improve the protection of right of concerned parties during the AML 2007’s public enforcement. Chinese Antimonopoly Law’s public enforcement is still immature and experiencing further challenges for development. In order to establish a more effective, transparent and fair public enforcement regime, the thesis chooses EU competition law and US antitrust law to compare. Not only because they are more advanced, but also, because the AML 2007 is heavily influenced by the two regimes (especially the EU competition law regime). However, it is noteworthy that the experience from EU and US cannot solve all problems met by Chinese administrative enforcers; especially those are caused by Chinese political and economic structure which both EU and US do/did not have. Nevertheless, by solving the problems met in the above three aspects, the thesis has contributed to a more effective, transparent and fair public enforcement procedure for Chinese Antimonopoly Law. Translations of titles, authors, and publishers from Chinese works are unofficial, and the laws in this thesis are up to date at December 2012.

The thesis is a socio-legal account of Italian penality between 1970 and 2000. It analyses the Italian experience as a critical case study with which to test David Garland, Alessandro De Giorgi and Nicola Lacey’s theories of punishment in contemporary Western polities. It argues that Italian penality is not sufficiently explained by reference to Garland or De Giorgi’s meta theories of ‘late modern’ and ‘post-Fordist’ punishment. Lacey’s institutional analysis provides a better framework, if modified to allow for the centrality of political dynamics in Italy. The thesis argues that Italian penality is a ‘volatile penal equilibrium’, whose ‘differential punitiveness’ is marked by oscillations between repression and leniency. The thesis provides an institutional analysis of Italian punishment, investigating in turn the Italian political economy, political culture and state-citizen relations, judicial contributions to penal trends, and the punishment of non-EU migrants. The thesis argues that Italian penality can be systematised by reference to political dynamics, in particular political conflict and political dualisms. Political conflict can broadly be defined as conflict between political interests, ranging from parties through to broader political groups such as families; dualisms are tensions produced by opposing institutional dynamics. The thesis analyses these conflicts and dualisms in terms of penal pressures, either in favour of penal exclusion or moderation. Italy’s institutional structure incorporates political conflict, and fosters structural tensions. The result is that Italy’s volatile political equilibrium is conveyed through its institutions to the penal realm, producing a volatile penal equilibrium. Ultimately, the Italian case study demonstrates that contemporary theories of penality should explicitly incorporate political dynamics and their institutional anchorage. Italian penality can be analysed in terms of the nature of the state and its institutions and inclusion and exclusion from political belonging. Contemporary theories would profit from incorporating this analysis.