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The Development of the Ostwald AwardVondran, Shawn David 02 May 2009 (has links)
The purpose of this essay is to document the development of the American Bandmasters Association's Ostwald Award from its inception in 1955 to the present day. The study addresses several aspects of the award's development, taking into account more localized evolution in regard to the award's history, purpose, compositional specifications, and the procedures employed to select the winning composition and composer. Ultimately, the discussion focuses not only on how the award is presented in accordance with its own purposes but the objectives of the American Bandmasters Association. The data for this study are collected through two different methods. The primary method of data collection involves an examination of documents and other associated materials located in the ABA Archive at the University of Maryland. A secondary method of interviews is utilized in order to augment the written record and overcome its deficiencies. Participants in the study include Ostwald Award Committee members and chairs both past and present. While the Ostwald Award has recognized forty-seven compositions since its inception, no formal consideration of the award's history and contribution to the wind band repertoire has been undertaken. Such is the aspiration of this essay.
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The Study of Control Assessement for the Mechanism of Planned Participatory Judgement , and Strategies---------A case of yen-ye Award.Tsai, Ming-Wen 15 August 2007 (has links)
ABSTRACT
The effect of the urban landscape development influenced by the urban architecture movement through the means of participation during the evaluation process of the Yuan-Ye Building Landscape Award, sponsored by the Kaohsiung Judicious Creative Architecture Association is presented. The optimum resolutions of the public issues and policies through applying the mechanism of the participation of the public during the judging process have made the Award distinct from the others.
In the process, the Award has implemented the following steps to accomplish the objectives: applying the resource control from top down with a communication channel from bottom up, creating a new type of workgroup among the sponsors, professionals, and the public through participation of working with and learning from each other, forming of informal team to reduce miscommunications between the fields, conducting community meetings and revising questionnaire to modify participation strategy to seek urban space issues and to set the judging criteria, and, finally, offering realistic solutions to resolve the actual urban space issues.
To act on a theory as a study method, the Award, through the participants¡¦ comments of different roles to the situations and environments in the evaluation process while maintaining a comprehensive recordation, has developed a model of execution with suggested steps. In the process of action, with the complexity of the model and the growing number of participants and societies, the scale and the influenced range expanded gradually. In order to clear the situations, the report divided the system into two stages, the development stage and the fulfillment stage. Each stage has different steps with different events. The events such as the milestone of the event, the cooperation of the government, the reaction of the professionals and the expected result, all will interact on each other causing different effects to the whole operation. The feedback of the action can be extended to analysis the mechanism and interact of the model. The suggestion of improvement can be supplied to provide helpful information for the future reference.
Key words¡GArchitecture¡BYuan-Ye Award ¡BUrban landscape development¡BParticipation.
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Retoriken i estetiken : En retorisk analys av prisbelönta reklamannonserLarsson, Madeleine, Leong, Therése January 2011 (has links)
This thesis is a qualitative study in which 12 award-winning printed adverts, awarded with either a Swedish “Guldägg” or an international Clio Award, have been analyzed from a rhetorical perspective. Visual rhetorics were used to analyze the adverts in order to expose the rhetorical concepts and to find out whether the rhetorical concepts represented in the Swedish adverts are the same concepts represented in the international adverts. One of the conclusions drawn is that pathos-arguments, a rhetorical concept where the senders allude to the emotions of the receivers, are the most prominent in both Swedish and international adverts, but are used in different ways. Another conclusion drawn is that the adverts are overall characterized by their messages not being explicit. This is a rhetorical concept being used in order to stand out in today’s media flow.
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Characterization problems in investment treaty arbitrationPauker, Saar January 2011 (has links)
No description available.
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Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade.Kirunda, Solomon Wilson. January 2005 (has links)
<p>The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.</p>
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Le regime de l'arbitrage dans les litiges de consommation en droit français /Andreeva Androva, Raïa January 2004 (has links)
For some time now, Article 2061 of the French Civil Code had laid down the general principle that arbitration clauses were invalid. In 2001, an amendment to Article 2061 reversed the concept, so that the former principle became the exception and the law was made to favour arbitration. While the reform was a progressive step, it did leave some ambiguity especially concerning the consumer disputes. Arbitration is indeed a very convenient alternative dispute resolution method in this arena. The purpose of this thesis is to address some of the issues related to consumer disputes. It seeks to demonstrate that by adopting the concept of "inefficiency" of the arbitration clause, whose sanction depends on the will of the consumer, French law will not only reconcile its domestic provisions but also be in accordance with the other judicial systems.
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從「做中學」的角度解釋分購策略賴秉銳, Lai, Ping Jui Unknown Date (has links)
促進競爭是文獻中解釋分購的理由之一,競爭的程度由參與供應商的數目決定,以供應商的家數作參數。我建立一個兩期的模型,用「從做中學」的效果,將競爭的程度用成本結構的差異大小來表現,成本結構差異越大,競爭越激烈,透過模型讓競爭的程度由購買者內生控制。希望透過這一個簡單的模型檢視當廠商數目固定時,購買者會否在考量控制供應商的成本相似下採用分購策略。雖然發現在我模型的設定中,購買者考量兩期之下一定選擇不採用分購策略,但是,仍能發現只考量第二期的購買價格下促進競爭的確是購買者採用分購的原因之一。
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Slithering towards uniformity: the international commercial arbitration and conciliation working group of UNCITRAL as a key player in the strengthening and liberalisation of international trade.Kirunda, Solomon Wilson. January 2005 (has links)
<p>The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade.</p>
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International commercial arbitration and public policy : with principal reference to the laws of Australia, France, Switzerland, the United Kingdom and the United States.Tarlinton, John. January 2003 (has links)
University of Technology, Sydney. Faculty of Law. / The paper examines the evolution of the recognition and enforcement of "foreign" arbitral awards prior to the introduction of the various international arbitration conventions by referring to court decisions of the relevant countries, primarily the United States and the United Kingdom. The scope and importance of the New York Convention will be canvassed, with specific reference to cases. The Dissertation traces the evolution of judicial and legislative attitudes towards arbitration (in particular, the issue of arbitrability), from the original position of antipathy towards arbitral processes, to the active promotion of arbitration and a "hands-off" approach to its processes by legislators as well as courts. The introduction of the arbitral process to developing countries will be discussed in the context of some recent controversial arbitrations in Indonesia and Pakistan. Public policy as the criterion for the enforcement of awards by national courts will be discussed and relevant authorities referred to. The reasoning adopted by courts in this area will be examined and discussed. The paradigm shift in the enforcement of awards and the leeway granted within the parameters of the arbitral decision making process will be highlighted by two case studies. Both demonstrate clearly the current negation of public policy considerations. The first is a decision of the English Court of Appeal which was mirrored by a subsequent arbitration awardin 'which the discarding of public policy considerations was particularly remarkable as constitutional issues were involved, which normally would have given rise to the expectation of deliberations as to the notions of public policy. NOTE CONCERNING "UNITED KINGDOM" AND "ENGLISH" LAW The title of the Dissertation inter alia refers to the " ... laws of ... the United Kingdom." Within the text, there are references to both the "United Kingdom" and "England." The constitutional and legislative position in the United Kingdom is perhaps more complex than in other jurisdictions and a brief outline is necessary. United Kingdom Parliament Parliament is called the "Parliament of the United Kingdom of Great Britain and Northern Ireland." (Great Britain is comprised of England, Scotland and Wales). The United Kingdom Parliament comprises the monarch, the House of Lords and the House of Commons. Until relatively recently, Parliament was regarded as the supreme law-making body within the United Kingdom; however, European Community law is now paramount within the United Kingdom's constitutional framework. The legislation of the United Kingdom Parliament is presumed to apply to the whole of the United Kingdom, although there can be an express or implied exclusion of a part of the United Kingdom from the operation of a particular Act. Legal systems England and Wales have the one legal system. As from the Sixteenth Century, "English law" has prevailed in Wales. Scotland has a distinct legal system and its own courts, with, in civil matters, rights of appeal to the Appellate Committee of the House of Lords. Northern Island also has its own courts, with rights of appeal to the House of Lords in both civil and criminal matters. Devolution The United Kingdom Parliament has legislated for the devolution of power to regional assemblies - to the Scottish Parliament, the Northern Island Assembly and the National Assembly for Wales. The Scottish Parliament has the power to pass primary legislation, subject to certain subject matters being reserved by the United Kingdom Parliament. The Northern Ireland Assembly also has power to enact primary legislation, but the Northern Ireland Assembly is also presently suspended. The National Assembly for Wales has no power to enact primary legislation - that power remains with the United Kingdom Parliament. Consequently, at present, the Scottish Parliament alone has power to pass legislation which has equal force to that of the United Kingdom Parliament. Dissertation In relation to the expressions used in the Dissertation; generally, references to legislation will be referred to as United Kingdom legislation, as Parliament is the United Kingdom Parliament. It should also be noted that it is the United Kingdom which is the contracting State to the New York Convention. References to decisions of the House of Lords and the Court of Appeal will be described as "United Kingdom" and "English" decisions respectively. As noted above, whilst each of Scotland and Northern Ireland has its own courts, there are rights (in the case of Scotland, in civil matters only). of appeal to the House of Lords. The House of Lords, consequently, hears appeals from the whole of the United Kingdom. The English Court of Appeal is the Court of Appeal for the unitary system of England and Wales. Given that "English law" was historically also the law of Wales, it is more appropriate to refer to decisions handed down by it as "English" decisions. Decisions of other Courts (such as Queen's Bench and Chancery) will also be referred to as "English" decisions.
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Choice of law in state contracts in economic development sector: is there party autonomy?Bordukh, Oyunchimeg Unknown Date (has links)
A state contract is a common mode of entry for foreign direct investment, especially in developing states. It can form the legal basis of the investment relationship between a foreign investor and a host government. But, like any other contract, it cannot stand itself covering all aspects of the legal relationship. The contract thus must belong to a specific legal system or a body of rules or principles which is usually called “applicable law “or “governing law”.Historically, a “concession contract” in the natural resources sector was the predominant form of a state contract and it used to be governed by the domestic law of each host state. However, since the 1950s, international investment arbitrations have abandoned the tradition and advanced a theory subjecting state contracts in the foreign investment sector to an external legal system, ie public international law. One of the bases of the theory of internationalisation was the principle of party autonomy that allows parties to a state contract to select any law of whatever country they like. Then, the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)1 formally adopted the principle of party autonomy in Article 42 (1) as the primary choice of law rule in disputes arising out a foreign investment contract concluded between a state and a national of another state.The object of this thesis is to prove that the fundamental problems of party autonomy in foreign investment contracts involving considerations of public and private law issues remain unsettled. It explores the main controversies and confusions in the theory of internationalising state contracts, looking at its historical context. It examines the extent of the application of party autonomy in state contracts such as natural resource exploitation contracts and construction of a plant and infrastructure contracts which reflect important economic development policies of developing countries.In considering past and current problems in the field of international investment law, the thesis argues that arbitral tribunals resolving disputes between a state and a foreign private individual should abandon the party autonomy approach because contractual freedom to choose the law of the contract would disregard the objectives which host states normally pursue through economic regulations such as development, environment and human rights concerns of foreign investment. It suggests a consensus-based approach similar to the rule adopted in the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities (Hague Securities Convention)2 and which would produce the desired effect. It recommends that the choice of law provisions found in Article 42 of ICSID Convention would need to be either modified or repealed. In doing so, this thesis attempts to contribute to the positive development of international investment law balancing state authority and private property rights.
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