111 |
Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal CourtPia, Christina Kalus January 2011 (has links)
<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of  / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central  /   / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of  / women&rsquo / s lives in post-conflict societies.</p>
|
112 |
Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal CourtPia, Christina Kalus January 2011 (has links)
<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of  / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central  /   / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of  / women&rsquo / s lives in post-conflict societies.</p>
|
113 |
L'exigence de coopération dans les contrats internationaux de franchiseBen Salem, Afif 05 1900 (has links)
Le devoir de coopération s'affirme comme un nouveau concept destiné à
faciliter le bon usage des accords contractuels. En élargissant les principes de
bonne foi ou d'intérêt commun, il jouxte la notion d'affectio societatis du droit
des sociétés. Ce concept s'est particulièrement développé pour appuyer la
mondialisation des échanges économiques aussi bien comme guide des parties
contractantes dans la bonne administration de leurs relations que comme mode
d'interprétation ou de règlement des différends. Le devoir de coopération est
un souffle nouveau destiné à rendre implicite une attitude coopérative et non
plus antagoniste des parties. Le domaine de.la franchise internationale est une ,
bonne illustration de ce nouveau concept: les parties au contrat de franchise
internationale doivent s'adapter au marché local par exemple, ce qui nécessite à
l'évidence une attitude entrepreneuriale coopérative. Le devoir de coopération
peut être conçu comme une notion clef de la bonne exécution contractuelle. Il
est en tout cas déjà consacré comme tel en droit contractuel international où il
agit comme source de droit supplétive lorsque la lettre du contrat s'avère
insuffisante. / The duty to cooperate is emerging as a new legal concept intended to facilitate
the performance of contractual agreements. By broadening the principles of
good faith or common interest, the notion of cooperation could be seen as
analogical to the notion of affectio societatis in the right of societies? This
notion has developed in particular to support the globalization of economic
exchanges, not only as a guide for contracting parties in the proper
administration of their relationship, but also as a mode of interpretation or for
dispute resolution. The duty to cooperate is an innovative notion designed to
create an implicit cooperative, no longer antagonistic , attitude among the
parties. This is could be best demonstrated by examining its development in
the field of international franchising : for example, the parties to an
international franchising agreement must adjust their business plan to the local
market and culture, which obviously necessitates a cooperative entrepreneurial
attitude. The dut y to cooperate should be understood as a key element in the
proper performance of contractual agreements. It has already been
acknowledged as such normative compone nt in international contractual law
where it serves as a suppletive law in those cases where the letter of the
contract is insufficient. / Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal
|
114 |
PERCEPTIONS AND ATTITUDES OF A GROUP OF GRADE 4 STUDENTS FROM AN ANGLOPHONE COMMUNITY WHILE COMMUNICATING WITH THEIR PEERS FROM A FRANCOPHONE COMMUNITYde Lira e Silva, Taciana 24 April 2014 (has links)
This qualitative study was guided by the framework of Intercultural Communicative Competence (ICC). In Canada, although researchers recognize that learning French through a cultural context will promote understanding and acceptance of cultural diversity, as well as the learning of the target language, there is little evidence to support the ways in which this methodology may influence the learning of elementary Core French students.
The purpose of this study was to investigate the ways in which a group of Grade 4 students, from an English community, perceived their peers from a French community, and to describe any changes in their attitudes toward learning French as a Second Language in response to the opportunity to learn through a cultural context. This action research study used a questionnaire, an observation checklist of task-related behaviour, and semi-structured group photo-interviews to explore 15 Grade 4 students’ perceptions and attitudes in response to a new research-based teaching approach.
As the cultural exchange unfolded, I sought evidence of the three savoirs (that according to the ICC model, primary students have the ability to develop), in order to promote interculturality: savoir être (related to students’ attitudes towards the other students), savoirs (related to knowledge of the other culture), and savoir apprendre/faire (related to behaviour toward the other culture). Results indicated that students showed evidence of two savoirs: savoir être and savoirs. Savoir apprendre/faire, however, was not shown. In addition to the two savoirs, the exchange promoted the learning of French in the classroom, and supported the development of students’ confidence in communicating in French.
The findings of this study contribute to the teaching of Elementary Core French in Ontario, by providing valuable insights into the possible ways that learning French through an intercultural experience holds potential in developing students’ communication abilities as well as awareness and acceptance of otherness, which is the bedrock upon one can develop effective communicators in the target language. / Thesis (Master, Education) -- Queen's University, 2014-04-23 18:35:56.721
|
115 |
Regelungsentwurf für ein Abspracheverfahren am Internationalen Strafgerichtshof /Haumer, Stefanie. January 2009 (has links)
Zugl.: Köln, Universiẗat, Diss., 2009.
|
116 |
Selective legal aspects of bank demand guaranteesKelly-Louw, Michelle 31 October 2008 (has links)
Bank demand guarantees have become an established part of international trade. Demand
guarantees, standby letters of credit and commercial letters of credit are all treated as
autonomous contracts whose operation will not be interfered with by courts on grounds
immaterial to the guarantee or credit itself. The idea in the documentary credit
transaction/demand guarantee transaction is that if the documents (where applicable) presented
are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do
not correspond to the requirements, the bank must not pay.
However, over the years a limited number of exceptions to the autonomy principle of demand
guarantees and letters of credit have come to be acknowledged and accepted in practice. In
certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored
by the bank and regard may be had to the terms and conditions of the underlying contract. The
main exceptions concern fraud and illegality in the underlying contract. In this thesis a great
deal of consideration has been given to fraud and illegality as possible grounds on which
payment under demand guarantees and letters of credit have been attacked (and sometimes
even prevented) in the English, American and South African courts. It will be shown that the
prospect of success depends on the law applicable to the demand guarantee and letter of credit,
and the approach a court in a specific jurisdiction takes.
At present, South Africa has limited literature on demand guarantees, and the case law
regarding the grounds upon which payment under a demand guarantee might be prevented is
scarce and often non-existent. In South Africa one finds guidance by looking at similar South
African case law dealing with commercial and standby letters of credit and applying these
similar principles to demand guarantees. The courts, furthermore, find guidance by looking at
how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how
the South African courts currently deal/should be dealing/probably will be dealing with the
unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D
|
117 |
Autonomia da vontade, consensualismo e arbitragem: A extensão da cláusula compromissória a partes não-signatárias fundamentada na teoria dos grupos de sociedades. A prática da Corte Internacional de Arbitragem da Câmara de Comércio Internacional (CCI) e sua compatibilidade com o ordenamento jurídico brasileiro / Consensualism and arbitration - the extension of the arbitration clause to a non-signatory on the basis of the group of companies doctrineLeonardo José de Campos Melo 26 August 2010 (has links)
A prática da arbitragem comercial internacional tem se deparado, há pelos menos quatro décadas, com a problemática da extensão da cláusula compromissória a uma parte não-signatária, integrante do mesmo grupo de sociedades a que pertence uma das partes integrantes da convenção, em razão do comportamento adotado pela parte não-signatária nas fases de negociação do contrato, execução ou extinção. Nesse sentido, a prática da Corte Internacional de Arbitragem da Câmara de Comércio Internacional dos últimos trinta anos e reiteradas decisões judiciais em países de diferentes tradições jurídicas como a França, Suíça e Estados Unidos têm se manifestado favoravelmente a essa extensão subjetiva da convenção de arbitragem. O estudo da doutrina nacional e da jurisprudência do Superior Tribunal de Justiça sobre os grupos de sociedades e seus efeitos, e a análise detida de diversos precedentes do Superior Tribunal de Justiça e do Supremo Tribunal Federal sobre a homologação de sentenças arbitrais estrangeiras, revelam a compatibilidade da referida prática arbitral internacional com o ordenamento jurídico brasileiro. / The possibility of extending an arbitration clause so that it binds a non-signatory company which is a member of the same corporate group as one of the signatories, on the basis of the conduct of said non-signatory during the negotiation, performance and termination of the contract, has been an issue in international commercial arbitration for the past three decades. The precedents of the International Arbitration Court of the International Chamber of Commerce during the past thirty years, and judicial decisions in countries such as France, Switzerland and the United States have been favorable to the extension of the arbitral convention to non-signatories. Analysis of the work of Brazilian legal commentators and the case law of the Superior Court of Justice relating to the group of companies doctrine [teoria dos grupos de sociedades], as well as analysis of several precedents of both the Superior Court of Justice and the Federal Supreme Court on the recognition of foreign arbitral awards, indicates that the international arbitration practice of the ICC on the extension of the arbitral agreement to non-signatories is compatible with the Brazilian legal system.
|
118 |
Autonomia da vontade, consensualismo e arbitragem: A extensão da cláusula compromissória a partes não-signatárias fundamentada na teoria dos grupos de sociedades. A prática da Corte Internacional de Arbitragem da Câmara de Comércio Internacional (CCI) e sua compatibilidade com o ordenamento jurídico brasileiro / Consensualism and arbitration - the extension of the arbitration clause to a non-signatory on the basis of the group of companies doctrineLeonardo José de Campos Melo 26 August 2010 (has links)
A prática da arbitragem comercial internacional tem se deparado, há pelos menos quatro décadas, com a problemática da extensão da cláusula compromissória a uma parte não-signatária, integrante do mesmo grupo de sociedades a que pertence uma das partes integrantes da convenção, em razão do comportamento adotado pela parte não-signatária nas fases de negociação do contrato, execução ou extinção. Nesse sentido, a prática da Corte Internacional de Arbitragem da Câmara de Comércio Internacional dos últimos trinta anos e reiteradas decisões judiciais em países de diferentes tradições jurídicas como a França, Suíça e Estados Unidos têm se manifestado favoravelmente a essa extensão subjetiva da convenção de arbitragem. O estudo da doutrina nacional e da jurisprudência do Superior Tribunal de Justiça sobre os grupos de sociedades e seus efeitos, e a análise detida de diversos precedentes do Superior Tribunal de Justiça e do Supremo Tribunal Federal sobre a homologação de sentenças arbitrais estrangeiras, revelam a compatibilidade da referida prática arbitral internacional com o ordenamento jurídico brasileiro. / The possibility of extending an arbitration clause so that it binds a non-signatory company which is a member of the same corporate group as one of the signatories, on the basis of the conduct of said non-signatory during the negotiation, performance and termination of the contract, has been an issue in international commercial arbitration for the past three decades. The precedents of the International Arbitration Court of the International Chamber of Commerce during the past thirty years, and judicial decisions in countries such as France, Switzerland and the United States have been favorable to the extension of the arbitral convention to non-signatories. Analysis of the work of Brazilian legal commentators and the case law of the Superior Court of Justice relating to the group of companies doctrine [teoria dos grupos de sociedades], as well as analysis of several precedents of both the Superior Court of Justice and the Federal Supreme Court on the recognition of foreign arbitral awards, indicates that the international arbitration practice of the ICC on the extension of the arbitral agreement to non-signatories is compatible with the Brazilian legal system.
|
119 |
Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal CourtPia, Christina Kalus January 2011 (has links)
Magister Legum - LLM / This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of women’s lives in post-conflict societies. / South Africa
|
120 |
Life imprisonment in international criminal tribunals and selected African jurisdictions - Mauritius, South Africa and UgandaMujuzi, Jamil DDamulira January 2009 (has links)
Doctor Legum - LLD / It is rare in law and in other disciplines for a word or a phrase to appear to mean what it does not. This is, however, true when it comes to life
imprisonment or life sentence. I Unlike sentences like the death penalty, there have been instances where even those who are expected to know the meaning of the sentence of life imprisonment have misunderstood it.2 This misunderstanding is compounded by the fact that even dictionaries that have always helped us to understand the meaning of the words are of little help when it comes to the definition of life imprisonment. The Oxford Advanced Leamer's Dictionary, for example, defines life sentence to mean 'the punishment by which [some body] spends the rest of their life in prison." It goes ahead to define a 'lifer' as 'a person who has been sent to The ambiguity of life imprisonment could partly explain why the campaign prison for their whole life. The ambiguity of life imprisonment could partly explain why the campaign
to abolish the death penalty and substitute it with life imprisonment has option to choose between the death penalty and life-imprisonment, many been successful in many parts of the world. When people are given the option to choose between the death penalty and life-imprisonment, many would oppose the former and favour the latter for various reasons. This is because, inter alia, many people think that an offender sentenced to life imprisonment will be detained for the rest of his natural life. This is of course not true in some cases, and, as Lord Mustil held, The two tribunals that were established after the World War III, the Nuremberg Tribunal and the International Military Tribunal for the Far East, the Tokyo Tribunal, were empowered to impose the death penalty and indeed, as will be discussed later in detail, some offenders were sentenced to death." Although these tribunals were not expressly empowered to 2 sentence offenders to life imprisonment, they did sentence some of the offenders to life imprisonment. However, the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC) all have jurisdiction to sentence offenders to life imprisonment. At the time of writing, the ICC had not completed any case and therefore had no jurisprudence on life imprisonment." The ICTR has sentenced more offenders to life imprisonment and imprisonment for the remainder of their lives than the ICTY. This thesis reviews cases on life imprisonment in international criminal tribunals in order to examine the theories of punishment that these tribunals considered in sentencing offenders to life imprisonment. There are cases where the ICTR has sentenced offenders to imprisonment for the rest of their natural lives. From a human rights perspective the thesis argues that imprisonment for the remainder of the offender's natural life is inhuman punishment. The statutes of the ICTY, ICTR and ICC provide for circumstances where an offender sentenced by any of those tribunals could be released before the completion of his or her sentence. It is on that basis that it is argued that even offenders sentenced to
3 imprisonment for the remainder of their lives by the ICTR could be released.
|
Page generated in 0.0475 seconds