This is a study on some controversial legal aspects of resorting to arbitration in disputes concerning administrative contracts with an international dimension – i.e. contracts between public authorities in the United Arab State (UAE) and foreign companies, as well as contracts concluded between local parties but indirectly generate results of international dimensions. In this study, I have adopted a descriptive methodology, meticulously describing the legislative and judicial status in the UAE compared to those of both Egypt and France. In addition, I have also resorted to an analytical approach to provide a concise analysis of the essence of legal provisions guided by the established jurisprudence and judicial opinions. Finally, I used the comparative approach to draw parallels and difference within the legislature and the judiciary between three legal systems, with an eye at making use of relatively advanced legal systems. According to the above, and through utilizing the three research methods mentioned, (the descriptive, analytical and comparative), we attempted to analyze the various relevant jurisprudence and judicial opinions, together with court rulings and legislative provisions. The ultimate objective is to draw scientific results from the detailed evidences drawn from the selected rulings, as well as deciding on the position of both local and international jurisprudence and judiciary on this regard. This is to consolidate the theoretical positions with existing practice. At the outset of the thesis (chapter one) this study begins with a discussion of the main concepts of the constitutional system of the United Arab Emirates (UAE), with an explanation of the federal structure of the state and the nature of the UAE system of government. This is important because this study is mainly concerned with the UAE. This is followed by an illustration of the principles of administrative law within the UAE state. The study shows that the judicial system of the UAE state adopts a unitary judicial system whereby the same courts have jurisdiction on all sorts of disputes, both on disputes arising from administrative law and administrative contracts, as well as on disputes arising between private persons. This would unify the rules that apply to all disputes relating to the administration including administrative contracts with international dimensions. (Chapter two) attempts to define the concept of the administrative contract; the main focus of this study, and the criteria for distinguishing it from other types of contracts. It is concluded that the distinctive criteria for administrative contracts in the UAE are that: (i) one party to a contract shall be a public persona (such as the state, city authorities or municipalities); (ii) the contract shall be connected to the running or organization of a public facility (such as public institutions and authorities, security organizations and educational institutions) and (iii) it shall include exorbitant conditions which are unfamiliar in private law contracts. This distinction would help determining the nature of the legal rules to be applied on settlement of disputes, whether pertaining to the rules of administrative law or those of private law. (Chapter three) displays and critically reviews the main ideas related to arbitration in administrative contracts and shows the reservations and disadvantages that might arise from resorting to arbitration in this field. (Chapter four) This study comes to a number of conclusions in relation to these reservations and disadvantages. Despite the great importance of resorting to arbitration in administrative contracts as a speedy and distinctively confidential instrument for protecting the interests of the contractual parties, my opinion resorting to arbitration for settlement of disputes should be followed only if and to the extent it encourages investment in the UAE and it is respectful of higher administrative interests of the UAE state. The same limitation should apply to international administrative contracts and administrative contracts with international dimensions. Arbitration should be carried out without prejudice to the principle that a public authority in the UAE shall pursue a public interest without prejudice to private interests. This study argues that the legislator should intervene in an unambiguous manner to achieve the following results in relation to arbitration in administrative contracts with an international dimension and formulate proposals on how best to address these issues: 1. Determine the fields in which resorting to arbitration in administrative disputes should be admitted. 2. Specify the competent authority for approval of resorting to arbitration in this field (preferably the higher administrative authority within the state, such as the cabinet of ministers, the competent minister or authorized representative among public persona. No delegation is permissible, in this regard, for public persona assuming positions inferior to the above-mentioned ones because of their distinguished expertise which brought them to shoulder highly sensitive positions. Delegation in arbitration should be restricted to a very limited domain and only endowed upon those who assume the highest executive positions and qualified to shoulder high ranking positions and responsibilities. 3. The arbitration panel shall refrain from prejudicing the nature of the administrative contract, that is to refrain from prejudicing public interests, in order not to use resorting to arbitration as a means of evading application of the rules and regulations pertaining to the established administrative contract, which are stipulated to maintain public interest and public funds without prejudice to the rights and freedoms of private persons. Hence, it is pertinent to preserve the administrative nature and enforce the substantive regulations of the administrative contract. The contract should involve provisions for including arbitration, in addition to explicitly specify that the applicable law governing the contract should be the administrative law and the theory of administrative contract, which shall be applied in case of dispute. Arbitration should be restricted to administrative contracts with international dimensions, connected with public interest projects and leading to the encouragement of foreign investment and applying the principles of arbitration for conciliation in internal administrative contracts disputes only. The study concludes by arguing that legislative reform should be carried out to introduce legislative amendments, incorporating the above-mentioned arrangements, which are crucial to the settlement of administrative contracts disputes through arbitration. Resorting to arbitration should be restricted to certain types of contracts concluded by public authorities as an exception to the general principle of resorting to a judicial authority for looking into a legal disputes. These were put in place only to strike a balance between achieving public interests of the state and protecting the rights and freedoms of individuals.

This thesis concerns two topics: the kinematics of Pacific cross-equatorial flow ??? the location, timing and magnitude of the flow; and their dynamics???what are the driving forces controlling the flow? Despite extensive observations in the central and eastern Pacific, observations of these flows remain contradictory. We use output from an Ocean General Circulation Model (OGCM) viewed from a Lagrangian framework on density layers. This addresses the problem of high variability due to features such as Tropical Instability Waves. The annual mean flow is found to be southward nearly everywhere, east of 140??W. Flow becomes stronger in the second half of the year due to a bolus transport of very light surface water, introduced by Tropical Instability Waves. A Tropical Cell pattern occurs along the equator that does not require diapycnal downwelling. From 160??E to 160??W the annual mean flow is northward, occurring mostly in the mixed layer, appearing to originate partly from the Equatorial Undercurrent surfacing in the east. The northward flow is strongest in March and becomes southward in September. The wind stress and nonlinear terms are shown to be the key driving features, with a prescribed biharmonic Smagorinsky horizontal friction scheme having negligible impact. From 160??E to 160??W, the flow is partly accounted for by an Ekman forcing, with the curl of the nonlinear term providing a crucial additional torque, more than doubling the magnitude in some instances. From 160??W to 120??W the wind stress curl provides a weak southward flow of about 1 Sv, which increases by the nonlinear addition to around 5 Sv. The curl of the steady component of the nonlinear term, derived from annual mean currents, is similar in structure to the total nonlinear term, but higher in magnitude. The structure of the variable term, which was mostly of opposite sign to the steady term, suggests damping occurs in place of friction. While our study is limited to an examination of the model's characteristics, our results provide important clues to the observed flow patterns not resolved by present-day measurements. This study also highlights the importance of time-space variability and both horizontal and vertical density structure in controlling the flow and its feedback on the system.

Thesis (Ph.D.)--Oklahoma State University, 1996. / Includes bibliographical references.

The Communist Party(CP) was formed in 1921, on the foundation created by the International Socialist League (ISL). An investigation of the theory and practice of the CP reveals the combination of a socialist commitment with an abstract theoretical perspective. The Party was obstructed, through its own idealised understanding of class relations, from pursuing its declared goals. This study investigates the rhythms of struggle and the dynamic development of the workers' movement. It examines the growing social weight and developing structural strength of black workers and the organisation and action which these generated. CP policies are examined in the light of these developments. Oppression which spans different classes created the underlying basis for a class alliance between the oppressed black petty bourgeoisie and exploited and oppressed black workers. The CP tended to conflate a co-incidence of different processes of radicalisation and different class interests. The Party broke from the white labour tradition out of which it had emerged; it pursued a policy of popular frontism for much of its history. This policy, and the conflation of different processes and class interests promoted an uncertainty within the Party as to its role. On this basis, the Party did not always identify underlying processes, and hence its uncertainty as to how to relate to the dynamic processes of radicalisation, organisation and action, and the ebbs and flows of the class struggle was promoted. In 1950, the Party responded to the threat of state banning, and, at a time when working class combativity was developing, it disbanded. In the period under study, the goal of working class leadership in an organised class alliance was not achieved.

The content, style and form of MPs' performances on the floor of both Houses of the Indian Parliament has undergone dramatic change within the last decade. For example, 97% of the productive hours of the Winter (Nov-Dec) 2010 Session were lost due to intense disruption by MPs across the political spectrum seeking to stall the House. Moreover, an increasing number of Bills are debated for less than an hour, if at all, on the floor of Parliament - raising the conceptual question of whether legislation can still be considered one of parliament's key functions in India. These changes require, at the very least, an attempt to re-conceptualize the meaning and significance attributed to various tropes of parliamentary performances, including those which seemingly subvert all notions of parliamentary procedure, decorum and etiquette. In my thesis, I adopt a novel interdisciplinary analytical framework, drawing upon performance studies, microsociological dramaturgy of face-to-face interaction, interpretations of procedural invocations, rhetorical political analysis and the study of political rituals. My primary research question was whether the concept of ritual could usefully be mapped onto performances of debates in the Indian parliamentary context. I then asked what the significance of the absence or presence of rituals in this context would mean. Two case were studies selected for this analysis, namely the Prevention of Terrorism Act (2001- 2004) and the Women's Reservation Bill (1996-2011), informed by a more general ethnography of the Indian Parliament undertaken for this research. Both studies were chosen using the logic of 'extreme case study selection' as these performances exhibit extreme forms of dramaturgical violence, protest and polarized rhetoric that is increasingly reflective of the everyday performances of the Indian Parliament. In my research, I have adopted an interpretivist-constructivist approach to the ethnographic method and have conducted two tranches of field research in New Delhi for that purpose. My analysis demonstrates the presence of a diverse range of rituals of debate being performed simultaneously during the legislative process within the Indian Parliament, namely, procedural rituals, interpersonal rituals and disruptive rituals. These findings corroborate the broader argument that the study of rituals are integral to an understanding of parliamentary processes. Moreover, instead of dismissing certain aspects of performance (e.g. physical obstruction of debate) as being symptomatic of what many scholars have called the 'decline of parliament', my findings support the cause for re-signifying, or re-reading parliamentary disruption as supporting, rather than diminishing, the processes of political representation and widening the spectrum of forms of political action considered as legitimate modes of political deliberation. The evolution of these newer, sometimes disruptive, forms of representative ritual can be read into wider processes of vernacularization and mediatization currently transforming the ethos, identity and modus operandi of the Indian Parliament.

In 1993, the Asia-Pacific Economic Cooperation forum (APEC) held the first APEC Economic Leaders Meeting (AELM). Raising APEC interaction to the top track, the level of leaders, proved to be an effective and powerful dynamic; the AELM continues to meet annually and to shape APEC policy. The focus on the AELM as the source of vision and direction reinforces the pivotal importance of this political assemblage, reassures the populace that leaders do prevail and all is well: essential ingredients, according to Clifford Geertz, of political theater. The role of journalists, the contemporary scribes or critics, is to inform the audience of this political drama. The objective of this research is to demonstrate that real political value exists in the 'Staging of APEC' in terms of effective economic and political integration of benefit to broad regional interests. The findings draw on the results of a content analysis of news reports covering the first six years of the AELM (1993-1998). Formally, the AELM is an opportunity for regional political leaders to engage in regional policy formation outlined by the pillars of APEC (trade liberalization, facilitation and cooperation) guided by the principals of open regionalism and concerted unilateralism. Activity on the formal, or main stage, also flows to the small stage where leaders merge in a neutral venue. On this stage, leaders are free to examine distinctly non-economic, yet intersecting interests including domestic agendas, human rights and pluri-lateral security concerns. Together, these dual stages, neither one complete without the other, form the political theatre of APEC and provide the value added for the leaders and ultimately for the Asia – Pacific region.

No description available.

A mix of economic interests, humanitarianism, and political concerns over future regional security and stability drove twentieth century attempts to counter indigenous morbidity and depopulation in the Pacific. However, chronic under-resourcing impeded colonial health developments. An opportunity for change came in 1913, when the International Health Board of the Rockefeller Foundation negotiated with the British Colonial Office for joint programmes to control hookworm disease in Britain's tropical dependencies. After surveying the health situation and potential for work in the Pacific region in 1916, a short-lived campaign followed in Fiji (1917-1918). The American philanthropy then focused on Australia, where co-operative hookworm programmes advanced the objectives of the Foundation and increased Federal involvement in public health while and also served the interests of "White Australia". Under Dr. Sylvester Lambert, work in the Island Pacific resumed in 1920, to promote the health and economic viability ofindigenous labour in the Australian territories of Papua and New Guinea. Plantation interests supported survey and treatment work in the British Solomon Island Protectorate, and in 1922 the Fiji campaign re-opened. Lambert expanded the International Health Board's involvement from initial hookworm survey and treatment programmes in the British and New Zealand dependencies in the South Pacific, into other aspects of public health and medical services: water supplies and latrines; a bacteriological laboratory in Suva; hospital expansion; and medical education. Integrating local initiatives, Lambert advocated a Unified Pacific Medical Service, in which key elements were centralisation., rationalisation and affordability. The most radical aspect of his plan was the development of a Central Medical School for the Pacific territories, to provide targeted professional training for indigenous medical practitioners who had a crucial (although still subservient) role in economic service delivery and the diffusion of biomedical understanding among local communities. Also controversial - and Jess successful - were attempts to improve the career opportunities and standard of European Medical Officers, by creating a single medical service for the British Pacific dependencies. Attempts to achieve these goals influenced the shape and outcome of health and medical services which developed in the different island communities by 1939, when Lambert's retirement signalled an end to active Rockefeller Foundation involvement. This thesis examrnes the ways in which colonial administrations, medical staff, the Rockefeller Foundation, labour and mission interests, and Pacific Islanders interacted in the introduction of the dramatically new medical concepts and practices of western science (and specifically tropical medicine) and their effect on indigenous populations.

The thesis is a study of labour regulation and the State in the Sudan in the light of a general theoretical conception of labour law and the State. The first Chapter defines the concepts of analysis that are used throughout the study, isolates the "essential" properties of the Capitalist State and Law from the historically concrete forms which they assume in a particular society and distinguishes between processes which influence development of the form of law and others which influence its sociological development. Drawing on the analysis in Chapter I, Chapter II exposes the inter-relationship between the Sudanese social formation, State and Law and the implication of this inter-relationship for both the form and substance of labour relations law. Chapters III, IV and V are specific verifications of the hypothesis regarding the inter-relationship between the State and labour relations law in the Sudan and that regarding the development of the "substance" and "ideology" of law in general. The thesis considers law as an empirically-founded discipline. But, it distinguishes between various types of empirical facts about law corresponding with respective semi-autonomous social levels at which law asserts its existence. The research method followed describes the empirical facts about law at the particular level and, in order to determine the epistemological significance of these facts, analytically relates them to empirical facts at other levels. Wherever used in the thesis the term "theory" signifies either this methodological procedure of analysing the inter-connection of empirical facts at a certain level and their inter-relation with other facts at other levels, or the substantive generalizations about law which findings at these various levels would allow. I consider my application of this methodology to the study of labour rela tions law, the historical dimension this application introduces in socio-economic analysis of this law, the criticism of certain Marxist and other sociological conceptions of law it enables, and the socio-histor ical relativity of the "substance" and "ideology" of law it reveals as original contributions to the knowledge of labour law. The compilation and evaluation within the framework of the thesis of empirical materials on industrial relations in the Sudan are likewise original contribution to the knowledge of Sudanese "labour law" and labour law in general.

This thesis is a study of banking regulation in Nigeria. It has three main objectives: to explain the evolution and impact of banking regulation after independence to discuss the reasons for the persistent failure of financial regulation; and to highlight the role of external agencies in Nigeria's financial system. The thesis offers a historical perspective on the developments in Nigerian banking regulation, but focuses mainly on the period after independence. It examines the economic and political theories that have influenced financial regulatory trends in Nigeria. It considers these theories in their political and legal context. The thesis does not embrace any theory in particular. Instead, its approach is pragmatic and comparative focusing on the interaction between legal, political and institutional factors that have influenced financial regulation in Nigeria. The study shows that the pre-liberalisation regulatory norms were repressive and inefficient. It argues that banking deregulation was introduced as an economic revolution devoid of necessary corresponding political and legal changes. The core destabilising factors are identified as inadequate regulatory powers, political corruption, political instability, legal instability, policy distortions, and incongruous laws. The complicity of the IMF and World Bank in this process is also discussed. Financial deregulation was prompted by predatory politics characteristic of the Nigerian state; yet, deregulation has aggravated the country's political instability and exacerbated prebendalism. The thesis discusses policy options to break this vicious circle.