Third party funding (TPF) is a method of financing legal proceedings, in which a party not directly connected to the proceedings funds one of the disputing parties, usually in return for a percentage of the final monetary settlement. The interests behind TPF are that the funded party will have the resources to pursue their claim, while the funder will be able to profit from a percentage of the final settlement. Traditionally, within common law-systems, TPF was excluded through application of the common law torts of “Champerty and Maintenance”.[1] However, in the second half of the 20th century, many common law systems[2] abolished the torts of “Champerty and Maintence”.[3]This effectively opened up TPF as a valid litigation option for many resource poor litigants and birthed a niche industry of litigation financiers[4]. There is debate on TPF in general, with some believing that it allows legal recourse to include those that do not have the means to reasonably finance and confront legal wrongs imposed on them.[5]Others state that there is a danger of letting the funder interests supersede the claimant’s, as exemplified by some retaliatory cases[6] proceeding the Chevron v Ecuador arbitration, in which the funders had veto power over such aspects as the choice of attorneys and priority in the disbursement of a monetary award.[7] However, issues with the general system of TPF is not the focus of this thesis. Instead, focus will be on the issues it brings to the system of investment arbitration. While its operation is largely the same as within national jurisdictions, it does have the potential for damage of distinct principles and procedure of investment arbitration.  At first look, TPF seems to complement the system of arbitration as a whole. If one considers that, at its core, arbitration is a user determined dispute settlement system, then questions of funding should be determined by the parties themselves. This may suggest that due to its emphasis on “Party Autonomy”, TPF is more aligned with arbitration than it is with court-based litigation, where the principles of justice and fairness take a more preferential role. Nevertheless, “Party Autonomy” is not the sole principle of arbitration and does not mean that TPF is harmonious with either general arbitration or in particular investment arbitration. There is the general concern that a funder can actively change the process and end result of a dispute. This is seen through their influence over the funded party. As a funder will have a direct economic control over the funded party, they can dictate, as part of the funding agreement, outcomes such as early settlement, litigation strategies etc.[8] The choice of approach, and it is submission to a third party, however, is squarely within party autonomy and does not raise any fundamental concerns. What is concerning is affected parts of process that are out with party autonomy. One can see below that TPF can affect general trends and principles of arbitration, i.e. transparency and confidentiality , while also conflicting with core aspects of procedure such as jurisdiction and impartiality. This concern has given way to calls for regulation of TPF within the academic and global community. What was traditionally a “legal no mans land”[9] for investment arbitration, with little regard given to regulation, has now had extensive academic commentary and State reactions to regulating TPF. Yet, comprehensive regulation of TPF remains rare and piecemeal within the arbitral world. The majority of jurisdictions and arbitral institutions, while aware of the issues, have made no serious effort to remedy through regulation. That being said, there has been some work done in three distinct areas of regulation: (i) National laws (ii) Trade/Investment Treaties and (iii) Arbitral Rules. Each area’s success however can be described as mixed.   Therefore, the topic of this thesis is to first explore the potential issues of TPF and investment arbitration and then to examine and analysis the response to these issues through regulation. [1] Steyn LJ, in Giles v Thompson [1993] 3 All ER 321 at 328, explained the doctrines thusly: “In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds.” [2] In Civil law systems, unless TPF was not expressly excluded,  was mostly allowed. [3] For example see s.14(2), Criminal Law Act 1967 (England and Wales) or Maintenance, Champerty and Barratry Abolition Act 1993 (NSW, Australia) [4] There is now several prominent litigation financing companies such as: Burford Capital Ltd., Harbour Litigation Funding, IMF Bentham and Longford Capital. For a more in-depth review of the industry in general see Hancok, B, ‘Who Rules the World of Litigation Funding? ’March 30, 2017 , The American Lawyer. [5]Chen AD (2013), 'A Market For Justice: A First Empirical Look At Third Party Litigation Funding', at 1075 [6] Chevron Corp. v. Donziger, 800 F. Supp. 2d 484 (S.D.N.Y. 2011) [7] U.S. Chamber Institute for Legal Reform (2018), “Third Party Litigation Funding” [8] Shaw G (2017), ‘Third-party funding in investment arbitration: how non-disclosure can cause harm for the sake of profit’, at 12 [9]  Van Boom WH (2011), ‘Third-Party Financing in International Investment Arbitration’, at 5

Nas últimas décadas a atividade logística vem recebendo status estratégico como sendo uma variável importante para a obtenção de vantagem competitiva por parte das empresas. Dessa forma, as organizações vêm investindo significativamente no desenvolvimento de sistemas logísticos ágeis e na coordenação eficiente das cadeias de abastecimento nas quais estão inseridas. No entanto, para não perderem competitividade e realmente agregar valor ao seu negócio, muitas dessas empresas estão se focando cada vez mais em seu core business e, consequentemente, transferindo para terceiros algumas ou todas as suas atividades logísticas como forma de reduzir custos e aumentar a eficiência de sua operação. Assim, este trabalho trata do problema de tomada de decisão de terceirização das atividades logísticas e de como viabilizar a seleção de um provedor de serviços logísticos (PSLs). Para isto, foi elaborada e proposta uma sistemática de apoio à análise e seleção de um PSL que agrega conceitos gerais de gestão de projetos e de análise multicriterial para embasar a escolha pelo PSL mais adequado. Nesse particular, foi utilizado o método AHP – Analytic Hierarchy Process - que permite tratar aspectos qualitativos e quantitativos, tendo sido aplicado a problemas que envolvem a tomada de decisão em segmentos distintos. Como forma de validação da sistemática proposta, ela foi aplicada parcialmente em uma empresa fabricante de motores diesel com forte viés na logística de abastecimento e que estava em processo de terceirização de parte de suas atividades logísticas. Como principais resultados, encontrou-se que a sistemática foi aderente ao ambiente empresarial encontrado, auxiliando a análise e compreensão das oportunidades e riscos relativos à terceirização das atividades logísticas e dos atributos importantes a serem considerados no processo de seleção e escolha do PSL que mais esteja adequado à realidade da empresa contratante; e mostrando adicionalmente que o preço não é o fator mais importante no momento da decisão. / In recent decades the logistics activity has received strategic status as an important factor for gaining competitive advantages for businesses. Thus companies have been investing significantly in the development of agile logistics systems and efficient coordination of the supply chains, in which they operate. However, to avoid losing competitiveness and really add value to their business, many of these companies are increasingly focusing on their core business and thus transferring to others some or all of their logistics activities as a way to reduce costs and increase efficiency of their operation. This work addresses the problem of decision-making on outsourcing of logistics activities and how to facilitate the selection of a Third-Party Logistics (3PL). For this, it was developed and proposed a system to support the analysis and selection of a 3PL that combines general concepts of project management and multicriteria analysis to base the choice of the 3PL that better fits the current needs. In particular, we used the AHP - Analytic Hierarchy Process - which could handle qualitative and quantitative aspects, since it has been applied to many decision-making problems in different segments. As a way of validating the proposed methodology, it was partially applied to a manufacturer of diesel engines with a strong bias in its supply chain logistics, which was in process of outsourcing part of their logistics activities. As the most important results, it was found that this methodology adhered to the business environment, supporting the analysis and understanding of the opportunities and risks for the outsourcing of logistics activities, as well as important attributes to be considered in the selection process and choice of a 3PL that is more appropriate to the reality of the contracting company. In addition, it showed that the price is not the most important factor for this decision.

De meados da década de 80 até a atualidade as atividades básicas que fazem parte da logística deixaram de ser somente consolidadoras de uma relação de compra e venda, e passaram a ter uma importância estratégica bastante grande em busca de uma maior vantagem competitiva. Esta nova importância para a logística surgiu com a abertura econômica e o acirramento da competitividade mundial. Assim, empresas se especializaram em projetar, implantar e gerenciar as atividades de logística para outras empresas (Operadores Logísticos). A tomada de decisão entre realizar as atividades logísticas através de competência interna da empresa ou repassa-las aos operadores logísticos se tornou mais freqüente nos dias de hoje. O trabalho propõe um procedimento de auxílio a tomada de decisão para empresas em fase de análise da viabilidade da utilização de operadores logísticos. Por fim o procedimento é testado no campo com dados reais uma empresa de grande porte. / From the middle of 80\'s until today, the basic logistic activities are not only to consolidate buy and sales relationship, these activities became important in strategic planning, being important to reach new markets. This new logistic importance started with openning of Brazilian economy and with the increase in world competitiveness. For this reason, enterprises improvement the logistic activities techniques, as project, implementation an management and starting to execute these activities to another enterprises with do not have logistic as core competence, these enterprises are called Third Party Logistic Provider. The decision make between insourcing or outsourcing logistic activities became more frequently nowadays. This thesis propose a procedure to help enterprises in the viability analysis phase to use third party logistic provider in its supply chain. In the end the procedure is tested in a global company with real data.

Context: The development of complex systems of systems leads to high development cost, uncontrollable software quality and low productivity. Thus Component-based software development was used to improve development effort and cost of the software. Heterogeneous systems are the system of systems that consist of functionally independent sub-systems with at least one sub-system exhibiting heterogeneity with respect to other systems. The context of this study is to investigate the usage of third party components in heterogeneous systems. Objectives. In this study an attempt was made to investigate the usage of third party components in heterogeneous systems in order to accomplish the following objectives: Identify different types of third party components. Identify challenges faced while integrating third-party components in heterogeneous systems. Investigate the difference in test design of various third party components Identify what the practitioners learn from various third party components   Methods: We have conducted a systematic literature review by following Systematic literature review guidelines by Kitchenham to identify third party components used, challenges faced while integrating third-party components and test design techniques. Qualitative interviews were conducted in order to complement, supplement the finding from the SLR and further provide guidelines to the practitioners using third party components. The studies obtained from the SLR were analyzed in relation to the quality criteria using narrative analysis. The data obtained from interview results were analyzed using thematic analysis. Results: 31 primary studies were obtained from the systematic literature review (SLR).  3 types of third components, 12 challenges, 6 test design techniques were identified from SLR.  From the analysis of interviews, it was observed that a total of 21 challenges were identified which complemented the SLR results. In addition, from interview test design techniques used for testing of heterogeneous systems having third party components were investigated. Interviews have also provided 10 Recommendations for the practitioners using different types of third party components in the product development. Conclusions: To conclude, commercial of the shelf systems (COTS and Open software systems (OSS) were the third party components mainly used in heterogeneous systems rather than in-house software from the interview and SLR results. 21 challenges were identified from SLR and interview results. The test design for testing of heterogeneous systems having different third party components vary, Due to the non-availability of source code, dependencies of the subsystems and competence of the component. From the analysis of obtained results, the author has also proposed guidelines to the practitioners based on the type of third party components used for product development. / <p>All the information provided are correct as per my knowledge.</p>

Conselho Nacional de Desenvolvimento Científico e Tecnológico / The following study is of bibliographic nature and aims at understanding the concept of justice in Emmanuel Levinas. After developing the criticism of the concept of totality, demonstrating how certain character ontology hid trapping and control, as well as the idea of ethics of infinite responsibility for the Other (Totality and Infinity), Lévinas explores content secondarily treated in his early writings, but which is of huge significance in his thinking, the Third, ie, society and the State. This other way of thinking the State develops, for Leévinas, ethics and the construction of political subjectivity. So I intend to focus this research in the works Totality and Infinity and Otherwise than Being, to understand how, through political imagination, a free and open society is possible, not based on inflexibility, but in the opening to the Infinite. / O seguinte estudo é de cunho bibliográfico e tem por objetivo o entendimento da concepção de justiça em Emmanuel Lévinas. Após ter desenvolvido a crítica ao conceito de totalidade, demonstrando como a ontologia escondia certo caráter de aprisionamento e controle, bem como a idéia de ética de responsabilidade infinita pelo Outro (Totalidade e Infinito), Lévinas explora um conteúdo tratado secundariamente nos seus primeiros escritos, mas que constitui enorme significação em seu pensamento, o Terceiro, ou seja, a sociedade e o Estado. Este outro modo de pensar o Estado se desenvolve, para Levinas, na construção da subjetividade ética e política. Sendo assim, pretendo focar esta pesquisa nas obras Totalidade e Infinito e Outramente que Ser, para assim compreender como, por meio da imaginação política, é possível uma sociedade aberta e livre, baseada não na inflexibilidade e sim na abertura para o Infinito.

The role of the Third parties in International Commercial Arbitration This thesis precisely define the concept of third parties in the field of International Commercial Arbitration as well as the definition of the term itself. According to the author of this thesis, third parties are the key for the process of transformation of the contractual approach in an International Commercial Arbitration in the reaction on the economic reality. This work is based on analyses of laws, comments, literature, academic articles, arbitration awards and case law. This text was created using experiences from an international commerce and transforms actual theoretical contractual approach of the International Commercial Arbitration. Contribution of this thesis lies in completion of knowledges from decision making process and creation of a brand new theoretical concept of International Commercial Arbitration and capture the shift in view of consent to arbitrate. This theory further reflects actual state of the decision making process and the needs of an International Commerce. Using this approach entitles author's theory for the practical use as a model for decision making process of arbitrators and for judges of national courts with regard to recognition and enforcement of the arbitral awards. Thesis is divided into...

For years there has been an ongoing conflict, geographically concerning the southern parts of Thailand. The Malay-Muslim inhabitants of the area state that they do not fully belong to Buddhist Thailand and therefore require independence in various forms. Along with the Muslims, the Buddhist inhabitants of the area also suffer from daily violence and killings. The counteractions over the years seems to have resulted in chaotic conditions where civilians die regularly. After many years of violence, this complex situation has not successfully been ended and is still current. This case study will examine the requisites for peace in southern Thailand. The conflict has been studied through a conflict management perspective, thereof the choice of theory; Svante Karlsson’s conflict management theory. The conflict has been described, discussed and applied to the chosen theory. Results presented in this study shows that it is possible to achieve peace in the southern provinces of Thailand, however cooperation between the parts is necessary. A combination of several conflict management methods by Svante Karlsson can possibly result in peace in southern Thailand.

Magister Legum - LLM / An agent acting in excess of his authority creates several legal problems, particularly in company law. In South African law, like in many other legal systems around the world, the interplay between the doctrines of ultra vires and constructive notice has, historically, played a profound role in governing the relationship between a company, its representatives, and outsiders. For decades, the contractual capacity and consequent liability of companies have been guided by thorny and intricate legal principles. This issue has become especially intriguing in light of the changes to the company law regime introduced by the new legislation. The relevant sections of the Companies Act 71 of 2008 (the 2008 Act) that allow for the restriction of a company's powers, require close scrutiny and thoughtful consideration. To that end, this thesis shall examine some of the legal consequences arising from the conclusion by a company's agent of an "unauthorised contract".

Company law legislation has recently undergone changes with the enactment of the Companies Act 71 of 2008. The purpose of this new piece of legislation is, inter alia, to encourage entrepreneurship and enterprise efficiency, to create flexibility and simplicity in the formation and maintenance of companies, and to provide for the creation, role and use of companies in a manner that enhances the economic welfare of South Africa. This Act was signed into law on 8 April 2009 and is said to come into operation during April 2011. The Act furthermore introduces an extensive and renewed approach to the regulation of pre-incorporation contracts in an attempt to address the shortcomings of previous and current legislation on this topic. This study explores the impact and effect that the new Act will have on the conclusion of pre-incorporation contracts, and also identifies the possible shortcomings of the Act. In order to determine what impact the new Act will have on pre-incorporation contracts, these contracts must first be placed in their historical context. This entails tracing the historical development of the common law rules relating to agency and ratification, and their impact on pre-incorporation contracts. Secondly this study attempts to determine whether the old and the current legislation regulating pre-incorporation contracts have been effective, and if so, to what extent. To establish this, the statutory arrangements that currently regulate pre-incorporation contracts require a grounded, solid and formulated basis, which is determined by an evaluation of the history of the different statutory sections on pre-incorporation contracts in these enactments. A significant part of this study will be devoted to the success, shortcomings and complications presented by the specific statutory arrangements. Fair consideration will be given to case law on these aspects. The South African courts have offered insight into the difficulties relating to the various statutory arrangements and explored alternative methods to supplement these statutory provisions. The advantages, disadvantages and legal consequences of these alternative methods are also discussed and analysed in this study. Concepts that are dealt with in this regard includes shelf companies, an agreement for the benefit of a third party (the stipulatio alteri), and where promoters act as principals. This study also reveals that these alternative methods present their own complications. The central theme of this study remains whether the new Companies Act provides adequate solutions to the problems that frequently arise from the conclusion of pre-incorporation contracts, and whether the shortcomings that exist in current and previous legislation have successfully been addressed by the new Act. To this end, the research reveals that section 21 of the new Act will succeed in equitably balancing the interests of third parties, companies and promoters, by providing clearly stipulated protection measures for all parties involved in the conclusion of pre-incorporation contracts. It has offered valuable improvements to previous statutes. The proposed reforms as introduced by section 21 are therefore welcomed. The mere fact that the South African legislature has now made a conscious attempt to create reform on this subject shows that it acknowledges that pre-incorporation contracts will continue to play an important role in commercial dealings. However, questions still arise on the future role of the statutory arrangements in light of the various alternative methods available to promoters. Academic opinions have also been divided with regards to the future role of pre-incorporation contracts within changing commercial environments. It is clear from the research presented in this study that pre-incorporation contracts have the potential to present a range of complex and challenging questions in practice. Therefore, this study seeks to provide sufficient guidelines to third parties and promoters who seek to acquire rights, duties, assets and benefits for a company prior to its incorporation, while protecting themselves against personal liability and associated litigation. / Dissertation (LLM)--University of Pretoria, 2011. / Private Law / unrestricted

Fréquemment, en marge des contrats de commande publique, leur titulaire développe une activité accessoire grâce aux moyens mis à leur disposition dans le cadre de ces contrats. L'objet de cette recherche est de scruter les questions juridiques soulevées par cette pratique, qui a d'abord un objectif financier. Il s'agit, pour certains opérateurs, d'utiliser les contrats leur confiant une activité principale pour développer une activité accessoire à celle-ci et ce, dans le but de générer des recettes supplémentaires.Longtemps cette activité accessoire est apparue comme un phénomène marginal, d'où sa large ignorance par la doctrine qui ne lui a jusqu'ici consacré aucune étude spécifique. Au contraire, la recherche a révélé, dans l'activité accessoire, une situation fréquente et de grande ampleur. / Often, ancillary to public order contracts, the beneficiary of such public order contracts develops an ancillary activity thanks to the means made available to them as part of these contracts. The purpose of this research is to analyse the legal questions raised by this practice, the aim of which is first and foremost financial. For certain operators, the aim is to use the contracts granting them a principal activity in order to develop an ancillary activity which will generate additional revenues.This ancillary activity was for a long time an exceptional phenomenon, hence the widespread ignorance by the doctrine which until now had not devoted any specific study to the subject. The research has revealed, on the contrary, that the ancillary activity is in fact frequent and widespread.