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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
361

Recognition and enforcement of foreign arbitral awards in the Republic of China

Wu, Chen-Huan Unknown Date (has links)
This thesis not only seeks to demonstrate the requirements of and procedures for recognition and enforcement of foreign arbitral awards in the Republic of China (ROC), but also explores whether ROC’s legislation and practices regarding recognition and enforcement of foreign arbitral awards comply with international ‘best practice’ standards as contained in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law. Even though ROC’s former legislation and practices did not conform to these standards, the present legislation and practices do comply with the New York Convention and the UNCITRAL Model Law. Although ROC and the People’s Republic of China (PRC) both insist on a ‘one China’ policy and each claims that it represents the whole of China, each has its own legal system. Nonetheless, ROC adopted the ‘regional conflict of laws’ theory based on the concept of ‘one country, two regions’ to deal with cases relating to recognition and enforcement arbitral awards rendered in PRC. In the context of that theory, this thesis explores the requirements of and procedures for recognition and enforcement of PRC arbitral awards in ROC, and whether there are any deficiencies in this regard. The thesis concludes that the ROC legislation and practices regarding recognition and enforcement of PRC arbitral awards in ROC are consistent with the New York Convention and the UNCITRAL Model Law. The government of PRC resumed the exercise of sovereignty over Hong Kong and Macao from 1 July 1997 and 20 December 1999 respectively. However, PRC adopted the principle of ‘one country, two systems’. PRC authorizes the Hong Kong Special Administrative Region (Hong Kong SAR) and the Macao Special Administrative Region (Macao SAR) to exercise a high degree of autonomy and to enjoy executive, legislative and independent judicial, including that of final adjudication. Thus, the ROC legislation deems that Hong Kong and Macao arbitral awards are foreign arbitral awards in ROC. So, the legislation and practices regarding recognition and enforcement of Hong Kong arbitral awards and Macao arbitral awards also are in conformity with the New York Convention and the UNCITRAL Model Law. Moreover, the legislation and practices regarding recognition and enforcement of foreign, PRC, Hong Kong, and Macao arbitral awards go further than international standards set out by the New York Convention and the UNCITRAL Model Law. Applying for recognition or enforcement of a foreign, PRC, Hong Kong, or Macao arbitral award, an original arbitration agreement or an original arbitral award can be substituted by an electronic format, which was made originally and can show the whole text as well as can be downloaded for examination. Furthermore, the courts of ROC construe the limitations regarding recognition or enforcement foreign, PRC, Hong Kong, or Macao arbitral awards narrowly. In addition, even though the ROC legislation regarding recognition and enforcement of foreign, Hong Kong, and Macao arbitral awards adopts the principle of reciprocity, the ROC Courts adopt the notion of comity. The thesis clarifies recognition and enforcement of PRC arbitral awards in Hong Kong, and recognition and enforcement of Hong Kong arbitral awards in PRC as well. Hong Kong arbitral awards are enforceable in PRC, and PRC arbitral awards also are enforceable in Hong Kong in accordance with the Arrangement Concerning Mutual Enforcement of Arbitral Awards Between Mainland and the Hong Kong SAR 2000 (PRC) and the Arbitration (Amendment) Ordinance 2000 (Hong Kong SAR) respectively based on the principle of ‘one country, two systems’. Both the provisions of the Arrangement Concerning Mutual Enforcement of Arbitral Awards Between Mainland and the Hong Kong SAR 2000 (PRC) and the Arbitration (Amendment) Ordinance 2000 (Hong Kong SAR) comply with the international standards set out in the New York Convention and the UNCITRAL Model Law.
362

The law of private policing in Australia

Sarre, Warick T., n/a January 2002 (has links)
Diversified, essentially privatised, policing options are expanding daily in modern societies. They have become available to, and are being accessed by, individuals, community groups and governments on a regular basis. While this dissertation examines the phenomenon of private policing in Australia generally, its task, more specifically, is to document and review the laws that govern, shape and make accountable private policing operations and activities. Chapter 1 reviews the origins and manifestations of contemporary shifts to privatised models of policing. Chapter 2 examines models of relationships between public and private personnel, and the various methods of accountability that may serve to govern the activities of the latter. Chapters 3 to 8 explore and explain the applicable laws that inform, shape and govern private policing generally. What this examination reveals is that "private police" are empowered by a multitude of common law and legislative principles, along with a mosaic of diverse and semi-structured rules not necessarily designed for this specific purpose. One quickly finds that the laws that permit, facilitate, regulate and manage private manifestations of policing do not fall within easily discernible legal parameters. Finally, Chapter 9 provides a summary of the dissertation, together with some general thoughts concerning the effectiveness and appropriateness of the law as a vehicle for bringing about the desired goals, namely effective policing that provides appropriate outcomes for victims, suspects, private personnel, public police and the general public alike.
363

Patent and trade mark laws of the People's Republic of China

Fung, Pak Tim. January 1989 (has links)
Thesis (LL.M.)--University of Hong Kong, 1989. / Includes bibliographical references. Also available in print.
364

Security and lending aspects in Hong Kong building project financing

Lau, Hung-kwong, Vincent. January 1997 (has links)
Thesis (LL.M.)--University of Hong Kong, 1997. / Supervisor: J. Sihombing. Includes bibliographical references (l. 68). Also available in print.
365

Noether-type theorems for the generalized variational principle of Herglotz /

Georgieva, Bogdana A. January 1900 (has links)
Thesis (Ph. D.)--Oregon State University, 2002. / Printout. Includes bibliographical references (leaves 58-61). Also available on the World Wide Web.
366

Local Versus Global Control Laws for Cooperative Agent Teams

Parker, Lynne E. 01 March 1992 (has links)
The design of the control laws governing the behavior of individual agents is crucial for the successful development of cooperative agent teams. These control laws may utilize a combination of local and/or global knowledge to achieve the resulting group behavior. A key difficulty in this development is deciding the proper balance between local and global control required to achieve the desired emergent group behavior. This paper addresses this issue by presenting some general guidelines and principles for determining the appropriate level of global versus local control. These principles are illustrated and implemented in a "keep formation'' cooperative task case study.
367

Quantum limits of measurements induced by multiplicative conservation laws: Extension of the Wigner-Araki-Yanase theorem

Kimura, Gen, Meister, Bernhard K., Ozawa, Masanao 09 1900 (has links)
No description available.
368

A Survey Study of the Awareness and Attitude of Public Servants of Penghu County towards the Properties Declaration System in Taiwan

Cheng, Jung-Lung 31 August 2008 (has links)
Abstract The Act on Property-Declaration by Public Servants of the Sunshine Laws is the first legislation of a series of Sunshine Laws. In order to maintain an upright political atmosphere and ensure non-corruptive official conducts, an overall planning for the Sunshine Laws is imminent and inevitable. An entry level perspective is taken in this research to examine the opinions of the government employees and school staffs of Penghu County towards the property declaration system in Taiwan. The results are obtained through in-depth interviews and qualitative data analysis by the ATLAS.ti software and derived based on the grounded theory. The awareness, attitude, opinions and suggestions of the interviewees are collected and analyzed according to the aspects of regulation, system and implementation. Since the promulgation of the ¡§Act on Property-Declaration by Public Servants¡¨, one of the first legislations of the Sunshine Laws, it has experienced 15 years of challenges. Despite the likelihood that the enforcement may have achieved the intended political effects, generations of environmental changes have induced diverse problems which are observed in literature reviews and interviews conducted on public servants who have declared their properties. These problems may appear to be non-relevant; however, they impose great difficulty for achieving the vision of righteous and justice. It is expected that these problems will help encourage clean and upright official conducts and uphold a righteous political atmosphere. The existing problems may only be a corner of the iceberg; however, when the situation is extended to the overall system, a similar scenario may occur once a set of comprehensive Sunshine Laws are to be stipulated. As a result, strategies for amending the current or future regulation on the property declaration system should be developed. Based on the above analysis and discussion, the following conclusions are proposed: 1. Regulation aspect: (i) Reinforce a comprehensive property declaration. (ii) Establish a definitive declaration scope and content. (iii) It is imminent and inevitable that a comprehensive set of Sunshine Laws should be stipulated. (iv) Accentuate on the law-obeying attitude. 2. Institution aspect: (i) Reinforce an open and transparent processing procedure. (ii) Set a definitive deadline that all properties should be declared within one month of employment or taking office. (iii) Establish a property declaration system based on ¡§administrative penalty¡¨. (iv) Promote the legislation of ¡§Trust Law¡¨ and ¡§Trust Companies Law¡¨. 3. Implementation aspect: (i) Increase the percentage of sampling. (ii) Maintain the integrity of the ¡§Sunshine Laws¡¨, form an ¡§incorrupt and capable government¡¨. (iii) Ensure the function of examination and inspection. (iv) Reinforce the task of education and promotion.
369

The contemporary role of leadership in organizational transformation a qualitative approach /

Sham, Brenda. January 1999 (has links)
Thesis (D. Phil.(Sos.)--University of Pretoria, 1999. / Includes bibliographical references.
370

The Chinese worker and worker rights /

Levack, Darrell W., January 2009 (has links)
Thesis (M.S.) -- Central Connecticut State University, 2009. / Thesis advisor: Xiaoping, Shen. "... in partial fulfillment of the requirements for the degree of Master of Science in International Studies." Includes bibliographical references (leaves 70-71). Abstract available via the World Wide Web.

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