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La mondialisation du Droit de l’arbitrage : la contribution de la loi-type de la CNUDCI / The globalization of arbitration Law : the contribution of the UNCITRAL model lawChabbi, Iskander 12 December 2017 (has links)
Le commerce international a connu une expansion remarquable dans le monde depuis quelques décennies. Or, face au caractère inadapté de la justice étatique à résoudre les litiges inhérents à cette activité qui transcende les limites géographiques, il fallait nécessairement concevoir un mode juridictionnel adéquat, qui soit à même de régir ces litiges en vue de respecter l’impératif de célérité, principe gouvernant toutes les relations commerciales. C’est ainsi que l’arbitrage, en tant que mode privé de règlement de certaines catégories de litiges par un tribunal arbitral auquel les parties confient la mission de les juger, en vertu d’une convention d’arbitrage, a posé un jalon significatif, en se manifestant comme le mode normal de règlement des litiges inhérents au commerce international. Et c’est précisément la prééminence de l’arbitrage en la matière qui a fait qu’une grande importance a été accordée à sa réglementation juridique par les Nations Unies. Dans ce cadre, la Commission des Nations Unies pour le Droit Commercial International (CNUDCI) fut investie de la mission d’élaborer une loi-type pour l’arbitrage commercial international, qui puisse représenter un mode souple d’harmonisation internationale du Droit de l’arbitrage. Cette loi a vu le jour en 1985 et fut amendée en 2006. L’objectif de cette thèse consiste à déterminer la portée précise de la contribution de la loi-type de la CNUDCI à la mondialisation du Droit de l’arbitrage et à proposer des perspectives d’évolution pour ladite loi en vue d’une mondialisation plus efficiente du Droit de l’arbitrage. / International trade has grown remarkably around the world in recent decades. This has led to an exponential increase in the number of disputes duly established in this field. However, due to the inadequacy of State justice to resolve the disputes inherent to this activity which transcends geographical boundaries, it was necessary to devise an adequate means of dispute resolution capable of regulating these disputes while respecting the imperative of celerity which represents a principle governing all commercial relations. Thus arbitration, as a private means of resolution of certain categories of disputes by an arbitral tribunal to which the parties entrust the task of judging them by virtue of an arbitration agreement, has set a significant milestone, by manifesting itself as the regular mode of settlement of disputes inherent to international trade. And it is precisely the pre-eminence of arbitration in this area that has led the United Nations to give a great importance to its legal regulation. In this context, the United Nations Commission on International Trade Law (UNCITRAL) was entrusted with the task of elaborating a Model Law on international commercial arbitration, which would represent a flexible mode of international harmonization inherent to arbitration Law. This law came into being in 1985 and was amended in 2006. The aim of this thesis lies in determining the precise scope of the contribution of UNCITRAL model law to the globalization of arbitration Law and to propose prospects of evolution to the above mentionned law, which may lead to a more efficient globalization of arbitration Law.
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Analogies of the international: system, structure, and world orderBurles, Regan Maynard 06 April 2021 (has links)
This dissertation examines the boundaries of world politics expressed in claims about the ‘global’ character of international order. The presence of a single political order that covers the surface of the globe—the international system—is often treated as axiomatic in international relations. Animated by the tension between this claim to global scope and critiques of world politics in international relations, this study investigates the way discourses of international politics sustain claims to global political unity. I do this through analyses of literatures that chart the past (the globalization of international society), present (theories of structure and the problem of world politics), and future (Kant’s Cosmopolitan Right) of world political order in international relations. I argue that discourses of international politics sustain claims to global political unity through a specific understanding of order: system, understood as an irreducible relation between parts and whole. While descriptions of the international system abound, prevailing theoretical oppositions in international relations (such as anarchy and society, and hierarchy and equality), presume a particular account of an already present order that they describe. As a result, I argue, these theories of international order provide an implicit answer to some of the most intensely contested questions in world politics, such as the relationship between unity and diversity, that sets boundaries on imagining possibilities for political order on a planetary scale. / Graduate
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How Global is U.S. Major League Baseball? A Historical and Geographic PerspectiveChen, Ke, Gunter, Charles, Zhang, Chunhua 01 June 2012 (has links)
This article explores the globalization of U. S. Major League Baseball (MLB), measured by the participation of foreign-born players in the sport from 1876 to 2005. Data show that the number of non-native athletes has been increasing since the end of World War II, suggesting that MLB is becoming a more globalized organization. An investigation at regional and country levels reveals that most foreign participants in the 1990s and early 21st century are from Latin America, especially the Dominican Republic. In contrast, most African, European, and Asian countries have shown little sign of participation. This implies that the global reach of MLB is limited. An empirical study of 2005 data suggests that prosperous countries, neighboring countries, or countries having a close political relationship with the U. S. tend to provide more athletes to MLB. In other words, the globalization of MLB is reliant on America's economic, cultural, and geographic proximity to the rest of the world.
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Yes, but … Our Response to: “Professional Ethics in the Information Age”Gotterbarn, Donald, Miller, Keith W. 01 January 2017 (has links)
Purpose: This short viewpoint is a response to a lead paper on professional ethics in the information age. This paper aims to draw upon the authors’ experience of professional bodies such as the ACM over many years. Points of agreement and disagreement are highlighted with the aim of promoting wider debate. Design/methodology/approach: An analysis of the lead paper is undertaken using a binary agree/disagree approach. This highlights the conflicting views which can then be considered in more detail. Findings: Four major agreements and four major disagreements are identified. There is an emphasis on “acultural” professionalism to promote moral behavior rather than amoral behavior. Originality/value: This is an original viewpoint which draws from the authors’ practical experience and expertise.
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Adeus, Mao! O processo de transição da economia planificada à de mercado /Gomes, Gustavo Gatto. January 2019 (has links)
Orientadora: Rosângela de Lima Vieira / Banca: Agnaldo dos Santos / Banca: Pedro Antônio Vieira / Resumo: A presente dissertação busca descrever criticamente o processo de transição para uma economia de mercado na China, iniciada em 1978, no âmbito do programa de reforma e abertura chinês. O objetivo geral da pesquisa é examinar algumas relações entre a esfera política e a esfera econômica neste processo de transição. Além deste objetivo geral, os objetivos específicos são conceituar economia de mercado e economia planificada através do embate entre liberais e marxistas; diferenciar mercado e capitalismo de acordo com o prisma da Economia Política dos Sistemas-Mundo (EPSM); descrever a crise de lucratividade do capitalismo e os processos de financeirização e globalização a partir da década de 1970, e analisar seu impacto sobre a política e economia chinesa; e descrever e analisar a mercantilização gradual da economia chinesa. A pesquisa se utiliza, para isso, do método bibliográfico. Os resultados da pesquisa indicam que a transição para uma economia de mercado fortaleceram tanto o Estado chinês, que passou a ser frequentemente apontado como a futura potência hegemônica, e o Partido Comunista da China, que após ter seu poder e existência questionados durante a Revolução Cultural, conseguiu se consolidar e fortalecer o regime de partido único na China, que sobreviveu à onda de aberturas políticas que marcou o fim da Guerra Fria. Por outro lado, há indícios de que o próprio Partido Comunista da China tenha passado por mudanças que permitem questionar se, além do nome, algo mais foi... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: This dissertation seeks to critically describe the process of transition to a market economy in China, which began in 1978 under the Chinese reform and opening-up program. The general objective of the research is to examine some relations between the political sphere and the economic sphere in this transition process. Beyond this general objective, the specific objectives are to conceptualize market economy and planned economy through the clash between liberals and Marxists; differentiate market and capitalism according to the prism of World Systems Analysis; describe the capitalist crisis of profitability and the processes of financialization and globalization from the 1970s on, and analyze its impact on Chinese politics and economy; and describe and analyze the gradual marketization of the Chinese economy. For this, the research uses the bibliographic method. The survey results indicate that the transition to a market economy has strengthened both the Chinese state, which now is often seen as the likely future hegemonic power, and the Communist Party of China, which after having its power and existence questioned during the Cultural Revolution, managed to consolidate and strengthen the one-party state system in China, which survived the wave of political openings that characterized the end of the Cold War. On the other hand, there is evidence that the Communist Party of China itself has undergone changes that make it possible to question whether, besides the name, anything ... (Complete abstract click electronic access below) / Mestre
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How the print media globalises South Africa from outside and within: a neo-Gramscian perspectiveTshabalala, Thandekile 25 August 2015 (has links)
This thesis is presented in the partial fulfilment of the requirements for the degree of Master
of Arts [International Relations]
02-06-2015 / Due to the need to gain global political legitimacy after the 1994 democratic dispensation, the South African government embarked on a neoliberal political trajectory. This became evident because of the ways in which the South African state was integrated back into the international economy through adopting neoliberal economic policies. This included a free-market economy with no state intervention, trade liberalisation through the lowering of barriers for foreign investment, and liberalisation of the media complex which was tightly controlled by the state. These were prescribed as an effective way of consolidating the new fragile democratic South Africa thereby seeing the new government accepting a neoliberal policy path. This was part of the embrace of the new won democracy and relationship with the international community after many years of economic sanctioning, political isolation and pariah status. The aim of this study is to examine the ways in which South African print media reproduce the dominance of neo-liberal discourses by globalising South Africa from outside and within. In addition, this study specifically seeks to look at how South Africa’s print media legitimises and authorises macro-economic policy. Thus, entrenching the ideas of a neo-liberal stance as well as analysing the perceptions of the print media’s class orientation in relation to the ruling historic bloc. The historic bloc is all levels of society [political, social, civil] coming together to form a dominant social class. This study will make use of interviews transcripts from 7 audio recorded and one email interview as well as the Business Day and Mail & Guardian’s reports on the Budget Speech from 2011-2014. The International Monetary Fund (IMF) Country Reports on South Africa were also used as data, and also analysed during the same period. These will be used to analyse how these newspapers report on macro-economic issues through the abovementioned case studies. This study employed the mixed research method which uses quantitative and qualitative tools to analyse the data which is a convergent design also known as triangulation. The quantitative tool used was content analysis for its numerical value and the qualitative tool used was the thematic analysis which is an inductive reading of the reports and transcripts. These tools exposed interesting results which echoed historical trends of ownership, values and norms illustrating an important but narrow function of the selected newspapers.
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Effects of R&D internationalisation on R&D investment of firms in South AfricaMashamba, Mulima Godfrey January 2016 (has links)
A research report submitted to the Faculty of Commerce, Law and Management,
University of the Witwatersrand, in partial fulfilment of the requirements for the degree
of Masters of Commerce (Development Theory and Policy)
15 April 2016 / Using a multiple case study approach of three R&D performing firms in South Africa,
this research explored whether current R&D internationalisation trends are having a
positive or negative effect on South Africa’s investments in research and development
(R&D).
The research found that, contrary to theoretical proposition, the three firms have not
relocated core parts or their entire R&D to technologically advanced countries abroad
as a result of their increased international exposure. Instead, they have broadened
their scope of R&D to integrate foreign-based knowledge inputs. The research also
found that increased internationalisation causes firms to alter their approaches to R&D
exploitation through incremental improvements on- and/or finding new applications ofexisting
technologies and creating new markets for them. Three motives influenced
the firms, namely to access new knowledge not available locally, to access human
capital and to exploit existing capabilities in new markets. Where firms reduced their
local R&D investment, such activities were not being relocated to abroad.
Increased competition fostered firms’ R&D efficiency. Firms reviewed their internal
structures to maximise intellectual property (IP) value; they adopted stricter methods
for evaluating new R&D requirements; and they afforded higher priority to R&D with
better potential for success. Most of this is meant to exploit existing knowledge.
The findings are applicable to Emerging Economy Multinational Enterprises (EMNEs)
that already have well-established R&D capability at home and experience operating
in the international R&D environment. / MT2017
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Tasteless, Cheap, and Southern?: The Rise and Decline of the Farm-Raised Catfish IndustrySenaga, Karen 07 May 2016 (has links)
This dissertation traces the rise and recent decline of the farm-raised catfish industry. From the 1960s to the 2000s, farmers and scientists reengineered the river catfish into an agro-industrial food crop. Through extensive agricultural scientific research and marketing, the farmed catfish industry changed the history of the animal, its image, its flesh and bone, its natural environment, and its place in society all by changing—or in an effort to change—its taste. This process moved the catfish from the ranks of a muddy tasting wild fish mainly associated with the poor, to a tasteless, cheap food consumed by all classes and ethnicities. Former cotton planters dug ponds and raised the fish, as researchers at land-grant universities gave the fish a taste and image makeover. Developing a bland meat and an efficient way to grow it presented only half the problem. Workers, predominately black, poor, and female, slaved away in dank, dangerous processing plants. Some struck, despite labor power’s impotence in a globalizing economy. Amid these labor disputes, competition from Vietnamese catfish imports began to trickle in onto the American seafood market. By the 2000s, the “Catfish Wars” had broken out between Asian importers and American farmers. Processors devised quality control measures that washed away the catfish’s distinctive qualities. They had done their work so well, that consumers could tell no difference between fish from around the globe. The farm-raised catfish embodied a culinary, cultural, and technological transformation. My work shows the importance of sensory experiences to southern culture, foodways, African American history, environmental history, and agricultural history.
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Globalization And Identity: A Cross-national Study Among Chinese, Indian, Colombian, And American College StudentsCheng, Min 01 January 2009 (has links)
Arnett (2002) has suggested the development of a typology similar to one that has become popular in the ethnic identity literature (Berry, 1993; Phinney, 1990) whereby people are surveyed in terms of strength of identification with both the dominant national culture and their particular sub-group minority culture. Based on this typology, we have developed a paper and pencil measure, the Global Identity Survey (GIS), which asks participants about the degree to which they identify with either the local or global culture. A new typology is proposed, with behaviors and attitudes falling into one of the four following categories: "locally encapsulated" (high in local identification, low in global identification), "globally assimilated" (low in local identification, high in global identification), "alienated" (low in both local and global identification), or "bicultural" (high in both local and global identification). The Global Identity Survey (GIS) was administered to a sample of 713 undergraduate students (mean age = 20.33, sd = 5.67) from a Chinese university (n= 102), two Indian universities (n=231), a Colombian university (n=103), a U.S. university in Florida (n=75), and a U.S. university in Tennessee (n=202). Our first hypothesis was partly confirmed that the urban USA sample would be significantly higher in exposure to global factors, identity exploration, and openness than the other samples. Also, they would have higher percentages of bi-cultural, and globally assimilated, while the other samples would have higher percentages of locally encapsulated. Our second hypothesis was also confirmed by our study, which revealed that the bicultural group as a whole had the lowest level of identity distress and the least amount of psychological symptoms. Further analyses will be discussed.
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Globalization, Cotton and Poverty South of the SaharaSneyd, Adam January 2009 (has links)
<p> This study details the historic relationships between cotton and poverty in Africa south of the Sahara. It assesses the impacts that nongovernmental policy advocacy and corporate social responsibility have had on the factors that impoverish Africa's cotton producers. The new nongovernmental and corporate interest in the conditions of life on Africa's cotton farms has increased the likelihood that rising numbers of families that depend on cotton will endure fewer impoverishing relationships. Even so, there is little to suggest that the linkages between cotton and poverty will be eradicated in the present era of globalization should present trends hold. Nongovernmental advocates have contributed to narrowing the debate on Africa's cotton problem at the World Trade Organization even as they have successfully encouraged multilateral, bilateral and nongovernmental donors to scale up their efforts in this issue area. Similarly, many corporate social responsibility initiatives have targeted only certain aspects of poverty and have embraced light-touch approaches to 'doing' responsibility. That said, evidence from Tanzania indicates that a certified organic cotton production operation there has established a parallel governance structure that has effectively reduced poverty and empowered agriculturalists.</p> <p> The international political economy approach developed below adds value to the available literature on African cotton. It treats poverty as a multidimensional phenomenon and embraces a non-economistic treatment of globalization to produce a broader understanding ofpoverty and the factors that are maintaining or alleviating aspects of it in the contemporary world economy. The way of knowing about cotton and poverty presented here is inductive and also historicist, and relies upon field research and case studies. This contribution adds a comprehensive global level of analysis to the literature on Africa's cotton problem, and also prescribes possible policy options that could be relevant in Tanzania and elsewhere.</p> / Thesis / Doctor of Philosophy (PhD)
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