in English In the past several decades, arbitration has become very popular method of settlement of international business disputes. One of the key factors behind this success is the possibility to choose the arbitrator. Nevertheless, the right of a party to select an arbitrator is subject to limitations as it may clash with some basic legal maxims such as the right to a fair trial. The specific definition of the right to a fair trial varies from one jurisdiction to another, but its essentials remain the same. In the context of selection of arbitrators, the right to a fair trial manifests itself in a form of the principle that all arbitrators must be and remain independent and impartial. That means that a person deciding a dispute must not be influenced by matters outside of the proceedings which would result in a bias towards or against either of the parties. In order to achieve this, rules applicable to arbitration contain a pro cedure to remove an arbitrator who fails to meet these requirements from the tribunal. One of the types of bias which impairs impartiality of an arbitrator is the so-called "issue conflict." This term refers to a relationship between an arbitrator and the subject matter of a case with a potential to cause prejudgment on certain issues. Various authorities, however,...

Master of Arts / Department of Communications Studies / Soo-Hye Han / The rise of partisan political news over the past two decades has influenced how political candidates discursively construct their image. While there is an extensive literature devote to presidential discourse, little is known about what gubernatorial discourse looks like and how they construct their image. This study examines how gubernatorial candidates discursively construct their image in a hyperpolarized electoral environment. An extensive content analysis of gubernatorial political interviews (n = 94), and specifically the utterances arising from those interviews (n = 1,524), was conducted. Findings show that gubernatorial candidates discursively construct their own image as a savior to the state, while creating their opponent’s and the DC elite’s image as a villain. Additionally, gubernatorial candidates do not adhere to the image bound by their party, and construct an image that is unique to their environment. Consequently, the environment that a gubernatorial candidate is situated influences how they communicate and construct their image and their opponent’s image. By examining gubernatorial discourse through political interviews, this study offers theoretical implications into understanding the influence of polarization, issue ownership, and tone in gubernatorial discourse. Practical implications examine the role of media outlets in gubernatorial discourse. This study contributes to scholarly understanding of gubernatorial discourse in a changing and polarizing political environment.

Two years after its signing into law, the Patient Protection and Affordable Care Act (PPACA), commonly called the Affordable Care Act (ACA), underwent a constitutional challenge at the Supreme Court. The Court’s decision to uphold the power of Congress in enacting most of the provisions of the ACA was regarded as a highly salient decision that is thought to have affected the public perception of the law. The focus of this thesis is to determine whether the Supreme Court was able to frame arguments used for or against the ACA in relation to the decision. By organizing and analyzing open-ended responses gathered from a panel survey both before and after the 2012 decision, I sought to determine how arguments used in discussion about the law and institutions regarding it varied after the decision. Findings show that the argument types used to explain individuals’ policy perceptions remained relatively stable throughout the waves. The study presented here offers an in-depth, micro-level effects of a real Court decision on individuals. By focusing on within-subject language change in a tight window around the decision, this approach helps clarify thinking about the relationship between the Court and public opinion.

The long line of representation studies posits that proportional representation systems, with larger electoral districts, have a representational advantage over majoritarian systems. However, over the last decade, scholars have challenged this longstanding nding (Blais & Bodet 2006, Golder & Stramski 2007). Additionally, Golder & Stramski (2007) initiated a debate over the conceptualization and measurement of congruence, arguing that the most common practice of assessing congruence is flawed. They call for an improved measure of congruence. In the light of this recent debates, the purpose of this thesis is to inspect the relationship between institutional designs and political representation in the European context, using Voting Advice Application generated data. Three main research questions are explored. The first question relates to institutional designs such as district magnitude, and electoral system characteristics such as disproportionality or polarization, investigating the conditions necessary for a country to present high levels of congruence between its citizens and their representatives. Looking at party level characteristics, I will investigate what are the effects of niche party status and governmental status on issue congruence in European democracies? Last but not least, what is the role of individual characteristics? These questions will be addressed by studying the impact of different features of electoral systems, party and individual characteristics have on political representation conceptualized as issue congruence. Congruence is measured as the degree of matching of the common policy preferences of citizens and parties as indicated by the Voting Advice Applications EU Pro filer 2009 and EUvox 2014. The present work contributes to the stream of research on political representation understood as congruence. The strength of this work lays in its comparative approach, and the use of VAA generated data to measure congruence. While most of the studies on political representation using congruence focus on the Left-Right dimension, this thesis uses the concept of issue congruence. Based on the 28 common statements of the VAA tool, the measure of congruence is metric-free, allowing for cross-country comparisons. Although there is a wide range of research on the effects of electoral systems on political representation, most of these studies are limited in their use of comparative approaches. The lack of extensive comparative research on issue congruence is due to insufficient data. The 2009 EU Profi ler and 2014 EUvox address this issue, providing the necessary framework for testing the predictors of congruence at a system, party and individual level. Political representation can be operationalized through congruence, as the distance between the citizen and the representative (Huber & Powell 1994, Powell 2004). Issue congruence is the correspondence between party electorates and their representatives across a set of salient policy dimensions (Powell 2004). VAA generated data provides a new means of measuring congruence. I propose two new measures of congruence, based on the distance between the citizen and the party the citizen intends to vote for. Unlike other comparative studies that measure congruence with the help of the Left-Right scale, the present work focuses on issue policies. Issue congruence is the outcome of the match between the citizen and the party she intends to vote for on a series of 28 and 22 political statements. Additionally, the focus on issue congruence is important because issue representation is mostly inferred from the alternative interpretations of congruence. The measures of issue congruence therefore contribute to a better understanding of political representation in the EU political space, tackling the recurrent crisis of representation.

In the current investment climate, most investor-state disputes are settled through investment arbitration. Investor-state arbitration enables the foreign investor to bring a case before a neutral forum, whose decision is binding and enforceable in countries across the world. In instances where the dispute is governed by an arbitration clause, the clause places the disputing parties under the jurisdiction of an arbitral tribunal. In the event of achieving a victory, the investor may nonetheless come up against the obstacle of state sovereignty, even though the state party has ostensibly waived sovereign immunity from jurisdiction. If a state rejects to comply with an award, then investors must commence a worldwide search (forum-shopping), with a view to retrieving the assets that have been awarded. In instances where the state party is victorious, there is a danger that the award payment will not be made if the foreign investor has already declared bankruptcy. Although there are two Conventions (ICSID and the New York Convention) that facilitate the enforcement of arbitral awards, neither one is sufficient to preclude the emergence of the enforcement issue. In both instances, this issue is damaging as it wastes time and money, ultimately contributing to wider inefficiencies and uncertainties in investor-state arbitration. In addressing themselves to this problem and aspiring to the reduction of the obstacle of sovereign immunity from execution, scholars and practitioners have put forward two practical solutions; firstly, a hybrid sovereignty act has been proposed; secondly, it has been suggested that the World Bank could take punitive action, refusing to provide the state party with further loans until the award is resolved. However, these proposals have, to date, not been practically applied or developed. This thesis has two primary objectives: firstly, it attempts to analyse previous solutions that have been addressed to the enforcement issue of ICSID awards: secondly, it addresses itself to two alternatives: 1) that the ICSID Administrative council can review compliance with awards; 2) that countermeasures can be initiated against the failing state under the law of state responsibility (the ILC Articles on State Responsibility). In concluding, the thesis will consider the various advantages and disadvantages associated with each of the aforementioned solutions, ultimately proposing an approach that is best-suited to upholding the interest of the victorious party at the enforcement stage.

A single political issue, public financing of a sewage treatment facility for the city of Logan, was studied in an attempt to determine the effect of certain variables on the formation of public policy. The case study method of research was followed, and conclusions were based on data obtained through personal interviews as well as through study of public documents. Among factors which influenced the decisional process was the degree to which technological knowledge was accepted. Policies developed by the state legislature and the federal bureaucracy to deal with environmental pollution also affected the local situation. A conflict which arose over interpretation of certain of these policies was largely resolved in court.

In recent years public sector organisations in New South Wales have been subjected to changes in their operating environments. Changes have included micro-economic reforms by Government and changes in stakeholders' expectations of how public sector organisations manage their affairs. The need to deal with the increasing number and diversity of issues arising, has motivated public sector managers to become increasingly involved in strategic management. The focus of this research was to study how strategic issues were processed within the context of their approach to strategic management. Strategic issue management has been proposed as an appropriate management system for use in conditions of moderate to high levels of environmental turbulence as a means to providing a mechanism for real time response to emerging issues. Three of the four organisations in the study indicated a progressive increase in perceptions of environmental turbulence over a six year period to points mid way between the 'Changing' and 'Discontinuous' levels on the Ansoff and McDonnell (1990) environmental turbulence scale. Research findings indicted that all four public sector organisations undertake a form of strategic issue management which is separate to the periodic strategic planning cycle. In answer to the criticism of the theoretical void which is seen to exist in linking organisational response to changes in the environment, theoretical models were developed for the Sensing, Deciding and Executing functions of the processing dimension of Ansoff's (1987) proposed paradigm of emerging strategic behaviour. The models provide the framework for tracking how eight strategic issues were processed in four public sector organisations. Field research-was conducted over a fifteen month period collecting both secondary and primary data. A case study research methodology was developed for the project following a review of the relevant literature. There were clear indications that the Sensing, Deciding and Executing functions were performed and that the issues under study passed through numerous phases during their processing cycles. The interconnected and iterative nature of issue processing across the Sensing, Deciding and Executing phases were demonstrated in the research findings.

Modern processors use out-of-order processing logic to achieve high performance in Instructions Per Cycle (IPC) but this logic has a serious impact on the achievable frequency. In order to get better performance out of smaller transistors there is a trend to increase the number of cores per die instead of making the cores themselves bigger. Moreover, for throughput-oriented and server workloads, simpler in-order processors that allow more cores per die and higher design frequencies are becoming the preferred choice. Unfortunately, for other workloads this type of cores result in a lower single thread performance. There are many workloads where it is still important to achieve good single thread performance. In this thesis we present the ReLaSch processor. Its aim is to enable high IPC cores capable of running at high clock frequencies by processing the instructions using simple superscalar in-order issue logic and caching instruction groups that are dynamically scheduled in hardware after commit, that is, out of the critical path and only when really needed. Objective This thesis has several research goals: • Show that the dynamic scheduler of a conventional out-of-order processor does a lot of redundant work because it ignores the repetitiveness of code. • Propose a complete superscalar out-of-order architecture that reduces the amount of redundant work done by creating the schedules once in dedicated hardware, storing them in a cache of schedules and reusing the schedules as much as possible. • Place the scheduler out of the critical path of execution, which should be enabled by the reduction of work that it must do. Thus, the execution path of our proposed processor can be simpler than that of a conventional out-of-order processor. Proposal and results We present the \textbf{ReLaSch} processor, named after Reused Late Schedules, in which the creation of issue-groups is removed from the critical path of execution and uses a simple and small in-order issue logic. It just wakes-up and selects the instructions of a single issue-group each cycle, instead of processing the instructions of a whole issue queue. A new logic at the end of the conventional pipeline schedules the committed instructions. The new scheduler can be complex since it is not in the critical path of execution. The schedules are cached and whenever it is possible an rgroup is read and its instructions executed. The schedules are reused, lowering the pressure on the scheduling logic. In some cases, the ReLaSch processor is able to outperform a conventional out-of-order processor, because the post-commit scheduler has a broader vision of the code. For instance, while ReLaSch can schedule together two independent instructions that are distant in the code, a conventional out-oforder processor only issues them in the same cycle if both are in-flight. The ReLaSch processor predicts the branch targets, memory aliases and latencies at scheduling time, out of the critical path. The prediction is based on the most recent executions at scheduling time. Furthermore, most of the register renaming process is performed by the scheduler and is removed from the execution pipeline. Our experiments show that ReLaSch has the same average IPC as our reference out-of-order processor and is clearly better than the reference inorder processor (1.55 speed-up). In all cases it outperforms the in-order processor and in 23 benchmarks out of 40 it has a higher IPC than the reference out-of-order processor.

The Chinese Nationalist Party's (KMT) assets referendum and the anti-corruption referendum took place alongside the Legislative election in January 2008. The same year, the other national referendums on joining UN and returning to UN were held with the Presidential election in March. In the Legislative election, while 59 percent of electorate voted, turnout rate for the referendums are surprisingly low to 26 percent. In the Presidential election, in spite of a high turnout rate of 76 percent, turnout rate for the referendums are merely 36 percent. What is the reason for people to vote in elections but not on referendums? Partisanship probably explains people¡¦s turnout on referendum, but I suspect that there are more factors. This research provides a framework and a model of voting participation in referendum. Base on my analysis of Taiwan¡¦s Election and Democratization Study(TEDS), I find the following: First, Partisanship is the only factor which affect the referendums in the Legislative election and the Presidential election. However, people¡¦s partisanship reflects their values and leads to take or not to take referendum ballots. Other important factors of referendum voting participation are political interest, identity of Taiwanese or Chinese, What newspaper is used to read, unification-independence issue and perspectives on the relation between President and Legislative Yuan. Second, with identity of Taiwanese or Chinese and unification-independence issue, we could infer that attitudes about referendum issue affect referendum voting participation behavior. Finally, by the electors that prefer to check and balance between the executive power and the legislative power likely decide to take referendum ballots, we could assume that some voters who realize and support referendum system intend to vote on referendum.

With the rise of feminism, the number of working women has increased significantly. Relatively, the proportion of women who act as supervisors has been increasing continuously and obviously. In many well-known international enterprises, many high-ranking female leaders have emerged, displaying their unique characteristics of management and leadership, leading companies to increasingly thriving. The study mainly explored the leadership styles of female leaders and gender role related matters. The study objects were high-ranking female leaders. By the means of field interview, female leaders in various industries were interviewed. The data collected and contents of interviews were cross compared with the self-assessment of the interviewees. This study explored through three aspects as below: 1. Leadership styles of female leaders 2. Impact of gender role 3. The gender role impact of female leaders on the leadership style Based on the individual leadership characteristics and gender identity, main leadership styles and commonality were summarized. Critical successful factors were explored through the characteristics, style and experience of successful female leaders. This study adopted the methods of qualitative research, case study and semi-structured intensive interview. The findings of this study are listed as below: 1. The leadership style of high-ranking female leaders: Democratic leadership is the main style, supplemented by autocratic leadership to guide the subordinates to negotiate, reach a consensus and achieve goals. 2. Work-centered leadership style: Most female leaders adopt work-centered style which can easily achieve the goal of work. 3. Mainstream of transformational leadership: The study found out that all female leaders adopted transformational leadership uniformly. The main reason is that it is more suitable for working environment and it is effective in developing team consensus. 4. Glass ceiling effect: Owing to the change of gender stereotype, professional capabilities and work performances were the main basis for promotion. Gender isn¡¦t the main factor to be considered any longer.