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This thesis examines the influence of compulsory state arbitration and wages board systems on workplace industrial relations. Using an historical and comparative case study approach, the thesis researches workplace industrial relations at three firms operating in the metal industry between 1900 and 1929. A political economy perspective is employed to examine the interaction of institutional stnictures and economic and political processes in the regulation of the wage-effort bargain at the workplace. Key concepts are drawn from both mainstream industrial relations theory, in particular the Oxford School approach, and labour process theory. Drawing on the work of flanders, a distinction is made between the economic and political aspects of the wage-effort bargain through the differentiation of market relations and managerial relations. This thesis argues that arbitral and wages board systems interacted with a range of factors to shape and influence workplace industrial relations. In keeping with the political economy perspective, the thesis examines the economic, industry, technological, political, and institutional environment within which the three cases operated, identifying changes and trends in these factors during the period under review and their implications for workplace industrial relations. The three cases allowed a closer examination of the influence of these general trends on the development of workplace industrial relations. The cases demonstrate the diversity of the metals sector, each representing a different industry in that sector. Further, the cases differed in their geographic and jurisdictional location, allowing comparisons between Victoria and New South Wales to be made. An examination of the role of arbitral tribunals and wages boards argues that the tribunals used their ability to regulate and stabilise market relations to offset their intervention in managerial relations. In this respect the tribunals sought to engineer changes in managerial relations favourable to industry development and yet simultaneously obtain support from the unions through improvements in market relations. As a consequence of these conflicting objectives the tribunals often behaved in a contradictory manner. In addition, unintended consequences often flowed from tribunal regulation and were important in shaping events at the workplace. Thus while industrial tribunals sought to improve market relations, they inadvertently assisted workers to gain more influence over managerial relations. In each case the workplace was the site of much regulatory activity, whether initiated by management, unions or workers. However, the three cases each present a different pattern of workplace industrial relations in terms: of scope of regulation at the workplace; the role of unions; the nature of managerial strategy; the role of unions; and the implementation and enforcement of tribunals decisions. Moreover, the effect of arbitration and wages board systems at each workplace varied, with the influence of a particular matrix of industry, economic, technological and institutional conditions shaped at the workplace.

勞資之間自古以來爭議是層出不窮，因此勞資雙方間的爭議解決成為一門很重要的課題，如果爭議遲遲無法解決，勢必也會對社會造成偌大的影響，所以勞資雙方都希望使用和平的方法來解決勞資糾紛，而美國近年來大力推行之爭議解決之道－仲裁，這種經由勞資雙方當事人同意並由第三方介入並裁決的方式，成為美國企業中最常使用來解決糾紛的方法之一。而相較於我國，除集體協商領域不發達外，長年來仲裁之使用率也極低，故本研究欲藉由研究美國之背景與現況，縱向與我國之情形作一剖析。 　　本研究使用文獻分析法與比較研究法兩種方式，藉由各方文獻的蒐集、整理與分析美國之原始資料，並以敘述性之方式作成歸納分析。 　　本研究主要在探討美國集體勞資爭議制度背景下，勞動仲發展之起源與沿革，藉由仲裁前之申訴程序與仲裁之程序，以期了解美國集體協商制度。並在文末以兩國之制度起源、勞資政三方之角色、制度運作、制度功能，作一簡單之比較，透過兩國之制度背景以了解雙方之差異，且於最後提出筆者之建議與看法。

<p>The aim of the main work in the thesis is to investigate Incremental Evolution methods for designing a suitable behavior arbitration mechanism for behavior-based (BB) robot controllers for autonomous mobile robots performing tasks of higher complexity. The challenge of designing effective controllers for autonomous mobile robots has been intensely studied for few decades. Control Theory studies the fundamental control principles of robotic systems. However, the technological progress allows, and the needs of advanced manufacturing, service, entertainment, educational, and mission tasks require features beyond the scope of the standard functionality and basic control. Artificial Intelligence has traditionally looked upon the problem of designing robotics systems from the high-level and top-down perspective: given a working robotic device, how can it be equipped with an intelligent controller. Later approaches advocated for better robustness, modifiability, and control due to a bottom-up layered incremental controller and robot building (Behavior-Based Robotics, BBR). Still, the complexity of programming such system often requires manual work of engineers. Automatic methods might lead to systems that perform task on demand without the need of expert robot programmer. In addition, a robot programmer cannot predict all the possible situations in the robotic applications. Automatic programming methods may provide flexibility and adaptability of the robotic products with respect to the task performed. One possible approach to automatic design of robot controllers is Evolutionary Robotics (ER). Most of the experiments performed in the field of ER have achieved successful learning of target task, while the tasks were of limited complexity. This work is a marriage of incremental idea from the BBR and automatic programming of controllers using ER. Incremental Evolution allows automatic programming of robots for more complex tasks by providing a gentle and easy-to understand support by expertknowledge — division of the target task into sub-tasks. We analyze different types of incrementality, devise new controller architecture, implement an original simulator compatible with hardware, and test it with various incremental evolution tasks for real robots. We build up our experimental field through studies of experimental and educational robotics systems, evolutionary design, distributed computation that provides the required processing power, and robotics applications. University research is tightly coupled with education. Combining the robotics research with educational applications is both a useful consequence as well as a way of satisfying the necessary condition of the need of underlying application domain where the research work can both reflect and base itself.</p>

Can international institutions work independently from the great powers in terms of autonomy and independence? To answer the question, this thesis analyzes 197 concluded arbitration cases and the Convention of the International Centre for Settlement of Investment Disputes (ICSID). But why the ICSID? Trade liberalization has long been sought by almost all the countries under multilateralism represented by the GATT and its successor, the WTO. However, due mainly to slow and laborious decision making, proceedings for dispute settlement and acquiring mandatory consent from all the member countries under the WTO, states -especially great economic powers - began to turn to Free Trade Agreements(FTAs) toavoid such problems. Most of the FTAs include Bilateral Investment Treaties and investment dispute settlement provisions. When investment disputes arise, the parties can resolve them bilaterally or they may bring their cases to an international dispute settlement institution. The ICSID is one of leading dispute settlement institutions in the field of international investments. Since the late 1990s, the cases argued at and the references to the ICSID began to increase sharply indicating that states have begun to perceive the ICSID as more important. So I analyzed the ICSID in terms of its autonomy and independence. The findings are as follows.Throughout the Articles of the ICSID Convention, the ICSID endeavors to keep its autonomy and independence. Although there are more arbitrators from developing countries than developed countries in the arbitration panel, developed country arbitrators have been selected more frequently as members of arbitration Tribunals of the ICSID. But the compositions of the Tribunals do not affect the winning rate especially fordeveloped country in the arbitrations. Although the durations of the arbitration proceedings vary in each party category, developing countries tend to show their lack of legal capacities and monetary shortage, especially needed for the due process procedures in arbitrations. As for compliance to ICSID awards, almost all the Contracting Statesfollowed the awards except for some cases, especially Argentine ones. In general, the ICSID has maintained its autonomy and independence though there also is some evidence and some cases where this argument is not supported. Asmore pending cases turn to concluded ones, there will be more cases available for furtherresearch on the ICSID.

The increase in international trade creates a growing number of disputes between parties from different countries. International arbitration is the most preferred mechanism to solve disputes in international trade. If the failing party does not voluntarily comply with the award, the successful party must apply for recognition and enforcement of the award in order to obtain the remedies. Since China is one of the major business markets in the world, several of the companies committed to arbitral procedures are likely to have assets in China. This means that, if a party fails to honour an award, an enforcement procedure may begin within a Chinese court. The enforcement procedures in China are said to be insufficient and not to comply with international standards. International conventions and treaties provide for a high level of security in the recognition and enforcement procedure of the arbitral award. The most used and important instrument for recognition and enforcement is the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, to which China as well as Sweden are Contracting States. According to the Convention, an international arbitral award may only be refused under certain grounds laid down in the Convention. An analysis of the legal situation in China confirms that there are problems associated with the enforcement of arbitral awards. These problems are not, however, connected with the concept of international arbitral awards, but rather with the entire judicial system in China. Even though an enforcing party can do little to overcome these problems, certain measures can be taken in order to ease the enforcement procedure.

The aim of the main work in the thesis is to investigate Incremental Evolution methods for designing a suitable behavior arbitration mechanism for behavior-based (BB) robot controllers for autonomous mobile robots performing tasks of higher complexity. The challenge of designing effective controllers for autonomous mobile robots has been intensely studied for few decades. Control Theory studies the fundamental control principles of robotic systems. However, the technological progress allows, and the needs of advanced manufacturing, service, entertainment, educational, and mission tasks require features beyond the scope of the standard functionality and basic control. Artificial Intelligence has traditionally looked upon the problem of designing robotics systems from the high-level and top-down perspective: given a working robotic device, how can it be equipped with an intelligent controller. Later approaches advocated for better robustness, modifiability, and control due to a bottom-up layered incremental controller and robot building (Behavior-Based Robotics, BBR). Still, the complexity of programming such system often requires manual work of engineers. Automatic methods might lead to systems that perform task on demand without the need of expert robot programmer. In addition, a robot programmer cannot predict all the possible situations in the robotic applications. Automatic programming methods may provide flexibility and adaptability of the robotic products with respect to the task performed. One possible approach to automatic design of robot controllers is Evolutionary Robotics (ER). Most of the experiments performed in the field of ER have achieved successful learning of target task, while the tasks were of limited complexity. This work is a marriage of incremental idea from the BBR and automatic programming of controllers using ER. Incremental Evolution allows automatic programming of robots for more complex tasks by providing a gentle and easy-to understand support by expertknowledge — division of the target task into sub-tasks. We analyze different types of incrementality, devise new controller architecture, implement an original simulator compatible with hardware, and test it with various incremental evolution tasks for real robots. We build up our experimental field through studies of experimental and educational robotics systems, evolutionary design, distributed computation that provides the required processing power, and robotics applications. University research is tightly coupled with education. Combining the robotics research with educational applications is both a useful consequence as well as a way of satisfying the necessary condition of the need of underlying application domain where the research work can both reflect and base itself.

Det är idag vanligt att företag löser sina tvister genom skiljeförfarande. De har här större möjlighet att kontrollera förfarandet och få ett snabbare avgörande än i en domstolsprocess. Förfarandet är dessutom konfidentiellt. Skiljeförfaranden sker ofta mellan parter från olika länder och det är vanligt att parter väljer forum i Sverige i internationella skiljeförfaranden. I vissa situationer kan en part befara att den framtida skiljedomen blir verkningslös på grund av att en motpart kommer att agera på ett sätt som tillfogar parten skada eller försvårar verkställigheten av domen. En part kan därför vara i behov av en säkerhetsåtgärd både före, under eller efter förfarandet. Enligt LSF, den svenska lagen om skiljeförfarande, kan en part antingen vända sig till skiljenämnd eller till domstol med en ansökan om en säkerhetsåtgärd. Dock är det enbart domstols beslut som kan verkställas exekutivt. Skiljemännens beslut om en säkerhetsåtgärd blir däremot en ”osanktionerad uppmaning” till en part att företa åtgärden. Uppsatsens syfte är att utreda om LSF bör tillåta att skiljenämnds beslut om säkerhetsåtgärder ska kunna verkställas. I uppsatsen presenteras därför hur en part kan ansöka om en säkerhetsåtgärd enligt svensk rätt, om Sveriges position överensstämmer med den internationella synen och utvecklingen på skiljemannarättens område och om Sverige bör anta kapitel IV A i UNCITRAL:s modellag. Uppsatsen diskuterar också olika överväganden som bör göras i lagstiftningsarbetet och om LSF bör ändras. För att besvara syftet har den svenska inställningen till säkerhetsåtgärder i skiljeförfaranden utretts. Olika alternativ att reglera förhållandet mellan domstol och skiljenämnd gällande beslutsrätt om verkställbara säkerhetsåtgärder diskuteras också. Eftersom internationella förhållanden påverkar även den svenska lagstiftningen presenteras och kommenteras relevanta bestämmelser i modellagen. Även lagstiftning från England, Hong Kong, Schweiz och Tyskland har använts för att belysa hur vissa utländska rättsordningar behandlar säkerhetsåtgärder i skiljeförfaranden. Resultatet av utredningen visar att en part i ett skiljeförfarande i Sverige inte kan begära verkställbara säkerhetsåtgärder från en skiljenämnd. Den internationella synen och utvecklingen pekar dock i riktning mot att skiljenämnden bör ha denna möjlighet. LSF bör därför enligt denna författares åsikt ändras och tillåta verkställighet av skiljenämndens beslut om säkerhetsåtgärder. Alla modellagens bestämmelser gällande säkerhetsåtgärder bör dock inte införas i svensk lagstiftning. Att Sverige tar intryck av både modellagen och utländska rättsordningar har ansetts vara mest gynnsamt för LSF.

It was assumed in the mid 1990s that 60% of all global trade took place within a group of enterprises. With increased globalisation leading to an increase in mergers and acquisitions this figure is most likely higher. Thus intra-company and intra-group transactions form a major part of business. These transactions, due to the association between the enterprises, may not always reflect the conditions that a market with independent actors would dictate. There are various reasons for this, which include not only tax considerations but also difficulties in establishing conditions that reflect those that inde-pendent companies would apply, in other words conditions in accordance with the arm’s length principle. In cases where these conditions are not in accordance with what the state considers as an arm’s length price, the profits of the enterprise located in that state may be adjusted for taxation purposes under transfer pricing provisions. The complexity of transfer pricing rules and the various methods for establishing an arm’s length price result in different interpretations and increased uncertainty for multinational enterprises that often face different rules for determining a correct transfer price. Therefore, enterprises may often face transfer pricing adjustments of their profits due to the complexity and differences in transfer pricing legislation. Transfer pricing adjustments potentially lead to unresolved double taxation, in fact business reports have indicated that 42% of the transfer pricing adjustments lead to double taxation. Therefore it is imperative to have legal mechanisms that resolve potential double taxation. The Convention on the Elimination of Double Taxation in Connection with the Adjustment of Profits of Associated Enterprises (Arbitration Convention) was adopted to give the multinational enterprises, facing double taxation due to adjustments of their profits, a remedy that obliged the states to resolve the double taxation. This was the first, and is still the only, EC-wide mechanism that technically guarantees that transfer pricing double taxation is resolved and thus holds a great improvement over other existing mechanisms to resolve double taxation. The Arbitration Convention was originally a proposed EC Directive but was transformed into a intergovernmental convention. This has resulted in that the European Court of Justice (ECJ) has no jurisdiction to interpret the Arbitration Convention or its application. Furthermore there is no supranational or international organ that could take action against states that interpret or apply the Conven-tion in an unintended manner. The chosen legal form has also resulted in different interpretations as to what status the Arbitration Convention has compared to bilateral tax conventions, and thus whether it precedes them. This could prove troublesome when future bilateral treaties are concluded or where there already exist tax treaties that have different solutions to transfer pricing related double taxation. The risk of the Convention being interpreted differently is greatly increased by the various undefined terms and lack of precise provisions in the Convention. Therefore, the Convention has been subject to an inconsistent application and interpretation from the date it came into effect in 1995. The Convention was only given a five year life span, after which it was destined to be renewed if the contracting states so expressed, involving the same ratification process as at the initial acceptation of the Convention. However, as this was inefficient, a Prolongation Protocol was signed to amend the Convention with an automatic extension of its life. As it took till 2004 for this Protocol to be ratified and finally enter into force on 1 November 2004 it created one of the main interpretation and application differences in the life of the Convention. The function of the Convention’s procedures and thus its efficiency in resolving double taxation is impeded by the numerous interpretation differences and lack of precise pro-visions in the Convention. The fact that there is no way to guarantee that the provisions of the Convention are precisely followed, partly since there are uncertainties regarding the precise interpretation but also partly since there is no organ that could enforce a uniform application of the Convention, further impedes the efficiency of the Convention, which is clearly seen in practice. Another question of interpretation and application raised is that, although the Convention was originally intended as a means for resolving transfer pricing related double taxation, there have been arguments that the Convention could apply to double taxation due to provisions concerning thin capitalisation as well. These provisions bring about similar conditions as those the Convention requires for its applicability and, although a different area of law, the connections in the conditions are many and undeniable.

A historical overview of the collective bargaining process in the three major American sports, and a comparative analysis of the current collective bargaining agreements.