O modelo de competição introduzido no Brasil pós-privatização exigiu a criação da Agência Nacional de Telecomunicações (ANATEL) para promover o desenvolvimento das telecomunicações, por meio de infra-estrutura capaz de oferecer à sociedade serviços adequados, diversificados e a preços justos. À ANATEL foram outorgados poderes para a implementação da política de telecomunicações: regulador, com objetivo de editar planos e regulamentos; fiscalizador, com objetivo de coibir práticas abusivas contrárias à legislação e mediador, com objetivo de compor negociações entre os agentes. A dissertação analisou a influência da ANATEL nas negociações na telefonia fixa, tendo como base a elaboração do acordo de interconexão entre a EMBRATEL e a Telefônica, pois, nesse cenário de mudanças, as negociações e conflitos são freqüentes, principalmente quando a questão é a interconexão de redes, pois os interesses econômicos das prestadoras de serviços são divergentes e o Estado cria uma obrigatoriedade de interconexão, tornando complexo o acordo. A ANATEL exigiu que as empresas realizassem a interconexão independente de um contrato, pois para o órgão regulador o interesse público é superior. Assim, o acordo e as questões divergentes estão na ANATEL para decisão por um processo de arbitragem. A celeridade esperada da ANATEL na gestão de conflitos não foi observada na prática, pois o acordo de interconexão está há quase um ano esperando solução. Verifica-se a importância da presença do órgão regulador, pois em razão da complexidade técnica, ele possui ferramentas que obrigam a prestação do serviço, mesmo sem o respaldo contratual. / The competition model introduced in post-privatization Brazil has demanded the creation of ANATEL, which stands for National Telecommunication Agency- (‘Agência Nacional de Telecomunicações’). Such institution is meant to promote the development of telecommunications through infrastructure capable of supplying society with adequate and diversified, fair-priced services. ANATEL has been granted powers for the implementation of the telecommunication policy: regulation powers, aiming at editing plans and regulations; inspection powers, whose objective is to hinder counter-legislation abuse practices; and mediation powers, which aim at composing negotiations among agents. This dissertation has analyzed ANATEL’s influence on the negotiations of ‘settled/fixed’ telephone services, based on the elaboration of the agreement of interconnection between EMBRATEL and Telefônica. In the present scenery of changes, negotiations and conflicts are rather frequent, mainly when the point in question is the interconnection of networks, as not only do telephone companies have divergent economic interests, but the State also makes interconnections mandatory, thus making the agreement rather complex. ANATEL demanded that the companies should consummate the interconnection regardless of a contract, as public interest is the official regulating agency’s first and foremost concern. Therefore, ANATEL is holding the agreement and the divergent issues, waiting for an arbitration process. The celerity expected from ANATEL in conflict management has actually not been noticed, as the agreement of interconnection has remained unsolved for nearly a year. The importance of the presence of the official regulating agency is quite clear, as in the face of technical complexity, such institution possesses the tools which compel the supply of the services, even without the support of a contract.

M.A.

This dissertation introduces a general framework modeling common rating processes in order to aggregate rating information stemming from a variety of raters or rating sources. Ratings play an increasingly important role in our life. They are used to evaluate a variety of objects and activities all over the world. Here we apply our model framework to two different ratings, the credit ratings and the bookmakers odds. Whereas credit ratings represent the evaluation of credit customers or firms by banks or external rating agencies, bookmakers odds are prospective ratings of the performance of the participating players or teams in a sports competition. Despite the fact that these ratings are used in different kind of areas, both rating systems have a very similar underlying rating process. In both rating processes each rater estimates an underlying numerical variable which represent a probability or is directly related to a probability. In the case of credit ratings this probability is the probability of default (PD) of a credit customer or a firm and in the case of bookmakers odds this probability is the probability of winning a specifc sports competition. The proposed model framework is then used to solve the aggregation problem of the two rating processes for different applications yielding different model specifcations. Finally, the model results are used to validate the different underlying rating systems as well as for forecasting. (author's abstract)

This paper is a qualitative text analysis with a purpose of evaluating strengths and weaknesses of the Paris Agreement in the light of the eight design principles of Elinor Ostrom's theory on how to govern the common resources. The eight design principles are; clearly defined boundaries, congruence between appropriation and provision rules and local conditions, collective-choice arrangements, monitoring, graduated sanctions, conflict-resolution mechanisms, minimal recognition of rights to organize, nested enterprises. These principles then lay the ground for the chosen methodological framework. Processes of categorization and coding the Agreement into categories based upon the eight principles then allows for an understanding of strengths and weaknesses shown in the Agreement, in relation to the theory. The result is then also discussed in relation to further considerations that might be important factors to take into account when understanding the Paris Agreement. The paper is based around the document on the Paris Agreement as well as the book by Ostrom named Governing the Commons “The Evolution of Institutions for CollectiveAction”. Further documents and articles are presented throughout the paper, especially in the analysis and discussion to provide for a wider picture on the subject and to avoid an all-biased paper.

Aiming to contribute to the discourse on the sustainability of consociational democracy in plural societies, this case study provides an examination of Lebanon’s power sharing model. The study begins with an evaluation of the Taif Agreement. After acknowledging its effect on Lebanon’s consociational system the function and operation of Lijphart’s four consociational elements are analyzed. From these evaluations one can argue that power-sharing principles have helped Lebanon to maintain a relative calm after its civil war, but also that they have failed in generating national cohesion and a strong state. A re-emerging proposition in this study is hence that consociationalism has been both a solution and an impediment to the development of Lebanon.

This thesis aspires to assess the explanatory value of different theories of international cooperation for the case of the world trade regime of GATT/WTO and subsequently strives to reach a satisfactory interpretation of the instance of cooperation. The world trade regime embarked on a process of transformation with the signing of the Marrakech Agreements of 15th April 1994. The event marked the conclusion of the Uruguay Round and, with the establishment of the WTO, the beginning of a new era for the world trade regime. The thesis endeavours to establish the substance of the regime change from GATT to the WTO. It outlines the most significant provisions of the agreement of the Uruguay Round and, subsequently, analyses the change on the level of regime norms underlying the world trade regime. The analysis of regime norms yields insights about the essence of the regime transformation and as to what factors proved to be conducive to cooperation in the sphere of the world trade. The GATT/WTO regime with its extended scope and more sophisticated institutional structures can be regarded as a prime example of successful cooperation. However, the prospects for cooperation between states in an anarchic environment without central authority for enforcement are the subject of a remarkably intense scholarly debate. Therefore it is worthwhile to examine which theoretical framework proves to be most adept at elucidating the circumstances of this instance of cooperation. This thesis applies different theories of international cooperation to the case of the GATT/WTO regime. While a large array of rational theories attempts to explain cooperation from a perspective which focuses on interests and capabilities, a different strand of theories, that of cognitive approaches, emphasizes the paramountcy of ideas and beliefs as variables which explain cooperation. They endogenize the process of interest formation. This thesis seeks to synthesise the strong points of rational and cognitive approaches and thus to reconcile the divergent schools of thought. Its further purpose is to set out factors which are conducive to cooperation.

The theme of this thesis is the institute of arbitration in the Czech Republic. Arbitration is an institute enabling resolution of property disputes before an independent third. The result of an arbitration is publication of binding and enforceable arbitration award. Arbitration is a type of sui generis proceeding, meaning it differs both from the general court proceedings, as well as from other ADR methods. In this work I was mainly focused on a comprehensive analysis of Act no. 216/1994 Coll., on arbitration proceedings and enforcement of arbitral awards, in conjunction with the study of literature and case law. The thesis is divided into 9 chapters, which are further divided into subchapters. The thesis is further bounded by introduction and conclusion. The first chapter deals with the definition of arbitration and furthermore here we can find the characteristics, advantages and disadvantages, and explanations of theoretical concepts of arbitration. The second chapter focuses on the question of arbitrability of individual disputes. The third chapter examines in detail the process of conclusion of the arbitration agreement, including a description of requirements and division of arbitration agreements according to their nature. The fourth chapter deals with the figure of the arbitrator, the...

Resümee Die vorliegende Diplomarbeit setzt sich mit dem Thema des Vergleichs der deutschen und tschechischen Regelung des Tarif- bzw. Kollektivvertrags auseinander. Zielsetzung der Arbeit ist, das Institut des Kollektivvertrags einschließlich der damit zusammenhängenden Institute zu verdeutlichen und zugleich mit Anwendung der vergleichenden Methode die Bewertung der aktuellen Rechtslage in der Tschechischen Republik und in der Bundesrepublik Deutschland darzulegen. Der erste Teil der Arbeit untersucht den breiteren Kontext des kollektiven Arbeitsrechts, seine historische Entwicklung und Rechtsquellen. Als nächstes wird die Problematik der Formen der kollektiven Arbeitsverhältnisse mit der Zielrichtung an das Recht der kollektiven Verhandlung beschrieben. Darauf aufbauend wird im zweiten Teil die Rechtsregelung des Tarifvertrags in der Bundesrepublik Deutschland analysiert. Der Schwerpunkt liegt vor allem in der Erörterung des zu dem Tarifvertragsschluss führenden Prozesses, dessen Verlauf für den Inhalt des Vertrages entscheidend ist. Damit hängen noch die Problematik der Stellung der Koalitionen in Deutschland und die gesetzlichen Voraussetzungen zusammen, die zum Tarifvertragsschluss notwendig sind. Anschließend wird in diesem Kapitel die Entstehung der Tarifverträge erwähnt und sowohl der Vertragsinhalt...

Resumé The theme of this thesis is Arbitration in the Czech Republic. I focus on the current regulation contained in the Act No. 216/1994 Coll., on arbitration and enforcement of arbitral awards. Arbitration is one of alternative dispute resolutions for and for which is typical extrajudicial proceeding with exclusion of the judicial authority. However is the subject of this thesis extensive and not all aspect of arbitration can be embraced; my goal is to try to give a complete look into arbitrations, which has become more often used method of resolution of property disputes. This thesis is divided into twelve main chapters, which are then systematically subdivided. The first chapter of these theses will try to define a term, types and a concept of arbitration in the Czech Republic with regard to the theoretical (contractual, jurisdictional, mixed and autonomous) doctrines. The second main chapter is dedicated to arbitrational agreement. I try to recognize two basic types of it, arbitration clause which is closed in the cases of any disputes from legal relationship between parties arising in the future and post- dispute arbitration agreement, which is, on the other hand, closed about disputes which have already arisen. Then I focus on the fundamental terms of the arbitration agreement, form of arbitration...

The purpose of this thesis is to provide a complex description of the conduct of the arbitration proceedings in the Czech Republic. Specifically with the focus on typical features that differ arbitration from proceedings before courts, and on special types of proceedings. Arbitration can be characterized as one of the ways to settle a dispute, that arises between two or more parties. Common way of resolving a dispute is by reffering it to a state court, who will issue a judgment that is binding upon the parties and can be enforced. In certain areas of private relationships, the state offers the parties the opportunity to submit their dispute to a private body, whose decision they agree to respect as if it was a decision of a general court. These types of dispute resolution can be characterized as alternatives to the classical way of resolution by the courts (alternative dispute resolution or ADR). Arbitration proceedings in the Czech republic are conducted in accordance with the Act No. 216/1994 Coll., on Arbitration Procedure and the Enforcement of Arbitration Awards, as amended (Arbitration Act). Since its adoption, there have been some amendments of this Arbitration Act, in order to reflect modern trends in the conduct of the proceedings as well as to correct its weaknesses, established by judgments of...