The recent enlargements of the European Union brought about a strategic shift in the EU’s approach to conflict management and security in the eastern neighbourhood. The Partnership and Co-operation Agreements between the EU and Moldova contained no mention of the Transnistrian dispute, while the agreement between the EU and Geor gia included a vague phrase regarding political dialogue which may include the issue of conflict resolution. The addition of new members to the Union, however, expanded the EU into its neighbourhood and brought closer the unresolved territorial disputes. Concerns that were once further away are now right next door. While the former accession states might have served as buffers to these concerns, they can no longer, as members of the Union, be seen as such. Therefore, there is a greater need to address security issues, such as the ‘frozen conflicts’ bordering the EU. This thesis will examine the evolution of the EU’s responses to security chal lenges in the Eastern neighbourhood, and assess the role the EU plays in addressing these ‘frozen conflicts’ through the framework of the European Neighbourhood Policy. Fur ther, this thesis will argue that the EU has thus far exerted limited direct pressure towards direct resolution of these conflicts and has instead approached regional stability through a variety of other indirect and long term means, such as the pursuit of economic growth and political stability. In particular, the research will look at the security sector reform (SSR) and will focus on the EU’s impact, or Europeanization, in the rule of law and border management sectors of Moldova and Georgia. It will be shown that these two sectors are related to promoting political stability and economic growth, which is in line with the EU’s effort to support development in Moldova and Georgia, and thus indirectly address ‘frozen conflict’ resolution by. altering the incentive structures. This thesis will conclude that the EU does have an impact on the rule of law and border management sectors and subsequently some impact on the ‘frozen conflict’ in Moldova but less so on the conflicts in Georgia.

Šis darbas skirtas išnagrinėti esminiams vertikaliųjų susitarimų nekonkuruoti reguliavimo bei vertinimo aspektams pagal EB konkurencijos teisę. Siekiant, kad tai būtų padaryta išsamiai, pirmoje darbo dalyje pateikiama vertikalaus susitarimo samprata. Antrojoje dalyje išanalizuota vertikalaus susitarimo nekonkuruoti samprata bei ekonominis poveikis, o trečiojoje ištirti EB Steigimo sutarties 81 straipsnio taikymo jiems ypatumai. / The purpose of this work is to examine the main aspects of regulation and legal assessment of vertical non-compete obligations under EC competition law. For this reason in the first part of the work the legal concept of vertical agreement is analysed. In the second part the definition and economic effects of non-competition agreements are examined and in the third part – the legal aspects of the application of article 81 of the EC Treaty to non-compete obligations.

<p>Government procurement is a very important aspect of international tradeas it can either promote or inhibit trade depending on laws and policies of a country. The study is confined to issues pertaining to the role of RTAs in establishing government procurement standards that resemble or conform to those of the GPA in developing countries. The study used Africa as a case study by evaluating selected RTAs that have been signed focussing on RTAs such as the procurementinitiativeof the Common Market for East and Southern Africa (COMESA) and US-Morocco Free Trade Agreement. The major objectives of the study were to examine the role of the existing international regulatory instruments towards the harmonisation of global standards on government procurement. The reserach aimed at analysing the role of the WTOs GPA as a possible global standard for government procurement and to investigate reasons of limited membership by developing countries.</p>

<p>The study is based on the views of different world authorities on the Kyoto protocol. The current legal status regarding the different opinions and arguments are also considered. This study is limited to defining what allocation of allowances, units and credits as created by the Kyoto protocol can be defined as goods, products, services or subsidies under WTO body of rules .</p>

The creation of durable peace following armed conflicts has been widely researched from a variety of perspectives. There is much less research, however, concerning when and why mediation can produce durable peace because most mediation research focuses on achieving a short-term success as indicated by the creation of a new peace agreement. This is an exploratory study which examines several factors considered to be important for the creation of durable peace. This study finds that the two most important factors are the power dynamics between the parties and the management of spoilers. Moreover, this study finds that these two factors are interlinked inasmuch that changes to the parties' levels of power can facilitate the emergence of spoilers. These findings are based on the systematic examination of mediation in four cases of armed conflict by utilizing a modified contingency model of mediation which is tested against the mediations conducted in the 1973 Egyptian-Israeli war, the Bosnian war, the third Angolan war, and the first Chechen war. This study argues that a well-designed agreement can shift the power dynamics between the parties so that their struggle for power will not take violent forms, and it can help prevent the emergence of new spoilers because it does not favor one party more than the other. Well designed agreements can be created even when the balance of power between the parties is unequal, and efforts to further weaken the already weaker party should be avoided because it can contribute to the emergence of spoilers from within the disputing parties. An original model for durable peace which accounts for these new findings is then developed. This model argues that to create durable peace mediators must produce good agreements that are balanced and channel the struggle for power into nonviolent mechanisms and processes, and manage the spoilers who threaten the peace.

Article II of the New York Convention on Recognition and Enforcement of the Foreign Arbitral Awards is a central provision concerning recognition and enforcement of foreign <I>arbitration agreements. </I>It is deemed, however, to be one of the most controversial provisions of the Convention. The main cause of the complexity of this article is that Article II was thought about and added to the body of the Convention on Recognition and Enforcement of <I>Foreign Arbitral Awards </I>at the last stages of the New York Conference. The hasty insertion of Article II has left unsettled many legal questions concerning arbitration agreements. In the application of the New York Convention, Article II has given rise to many questions. In fact, a substantial number of all national courts decisions so far reported deals, either completely or in part, with questions concerning arbitration agreements under Article II. This thesis is an attempt to trace most legal implications concerning the application and interpretation of Article II of the New York Convention. Many problems are observed. Those problems include the failure of this Article to identify the arbitration agreements to which the Convention applies, the failure to determine the law applicable to arbitration agreements, and the broad ambiguous sweep of the language used in Article II in many occasions. This study is, therefore, devoted to identifying these problems, establishing their nature and extent and finding a satisfactory solution to them with relevant suggestions and proposals. In dealing with these problems a description and analysis of legislative and judicial practice on the subject in various countries which are parties to the Convention have been made. It is noted in many places of this thesis that Article II of the New York Convention like many provisions of most international conventions may represent a compromise and thus it may not be entirely satisfactory in every aspect it deals with. Article II's shortcomings could be, however, cured by the courts. Establishing a new convention on the subject could be a very difficult if not impossible task. In this regard, an observation has been made on the question of the extent to which national courts, by the so-called "interpretation", have been willing to promote harmonious rules in the field of international commercial arbitration, despite the shortcomings of Article II.

The arbitration clause is the clause by which the parties to a contract agree to submit the conflicts that may rise from their contractual relationship to an arbitral tribunal. A principle of autonomy is associated to this type of clause: on the one hand, the arbitration clause is separable from the main contract; on the other hand, it is independent from any state law. To a certain extent, one may even link this principle to other principles concerning the arbitration clause, such as the Kompetenz-Kompetenz principle. The question is to know whether special rules apply to the arbitration clause.

<p>The study is based on the views of different world authorities on the Kyoto protocol. The current legal status regarding the different opinions and arguments are also considered. This study is limited to defining what allocation of allowances, units and credits as created by the Kyoto protocol can be defined as goods, products, services or subsidies under WTO body of rules .</p>

The outsourcing market, especially Business Process Outsourcing (BPO), is growing every year. For decades, companies have successfully used outsourcing to generate significant savings. However, discussions with any employee will reveal some resentment of outsourcing. The aim of the study has been first to improve the understanding of some salient difficulties in Business Process Outsourcing relationships, with special reference to the perceived challenges of managing and monitoring Service Legal Agreements in Swiss banking, and second to assist outsourcing banks and service providers in formulating and managing their outsourcing contracts. The study was designed to obtain, through interviews, descriptions and perceptions of experts in Swiss Banking Business Process Outsourcing. Given the nature of the topic but also because of practical constraints, the investigator elected to use a qualitative, interpretative, social constructionist research framework. An extensive review of the literature revealed that a variety of definitions of in- and out-sourcing exist. Some of these terms were used in academic writings and the business press interchangeably and had to be defined. Twenty-two practitioners were interviewed. The data were analysed and interpreted with the help of qualitative analysis software (NVivo). Subsequently, I compared my findings with those of the literature reviewed. Furthermore, a gap in the literature, namely that it generally does not deal with the perceived quality of the relationship, could be addressed and practical approaches for managing BPO relationships are suggested. / Thesis (DoctorateofBusinessAdministration)--University of South Australia, 2007.

Diss. Uppsala : Univ., 2003.