14 resultados para Procedural Safeguards in International Arbitration


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When China launched an anti-satellite (ASAT) weapon in January 2007 to destroy one of its inactive weather satellites, most reactions from academics and U.S. space experts focused on a potential military “space race” between the United States and China. Overlooked, however, is China’s growing role as global competitor on the non-military side of space. China’s space program goes far beyond military counterspace applications and manifests manned space aspirations, including lunar exploration. Its pursuit of both commercial and scientific international space ventures constitutes a small, yet growing, percentage of the global space launch and related satellite service industry. It also highlights China’s willingness to cooperate with nations far away from Asia for political and strategic purposes. These partnerships may constitute a challenge to the United States and enhance China’s “soft power” among key American allies and even in some regions traditionally dominated by U.S. influence (e.g., Latin America and Africa). Thus, an appropriate U.S. response may not lie in a “hard power” counterspace effort but instead in a revival of U.S. space outreach of the past, as well as implementation of more business-friendly export control policies.

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Over the last decades, the born global firms or the international new ventures (“INVs”) have assumed a growing role in international business, including in Portugal. The rise of this new type of multinational has challenged several theories concerning the development of multinational companies and the origin of companies’ competitive advantage. This qualitative, case-based research explores the most relevant traits shown by some Portuguese born-global firms. More concretely, the aim of this work is to compare some Portuguese international new ventures in order to understand the role of leadership, culture and strategy in their rapid internationalization and the source of their lasting competitive advantage. It was noticed that these firms’ lasting competitive advantage results from a singular combination of resources and dynamic capabilities that evolves over time. Moreover, it was found that these firms’ foreign subsidiaries and local networks may be essential to enhance the firms competitive advantage as it provides each firm a distinctive source of knowledge and capabilities. As a consequence, the effective assimilation of such resources and capabilities in these firms’ may become crucial for their lasting success. In addition, the leadership, strategy and culture in these firms seem to be quite aligned and form a quite virtuous cycle that contributed to the firms rapid internationalization and for the way the firms developed their own resources and dynamic capabilities and adapted to external environment.

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This paper is the author’s Master’s Thesis. It aims to study the content of lexarbitri, i.e. the relevant law regarding international arbitration. Under both Portuguese law and UNCITRAL model law, the seat’s legal provisions shall be applied at all times. Contrarily, French and Swiss legislations allow parties and arbitrators to apply any arbitration law to international arbitration, whether the seat law or a foreign arbitration law. There is not a sole understanding towards the criteria to determine the legal provisions that shall govern international arbitration. Traditionally, the lexarbitri would correspond to the arbitration law of the seat of the arbitration. The territorialist criteria remains in force under the majority of arbitration laws that the author has consulted. However, it has been criticized by several authorities in international arbitration, who suggest that the arbitration shall be governed by the law of the seat or of the place in which the award is to be enforcement, whichever better grants its enforcement – the cumulative doctrine; or the arbitration shall be governed by a set of provisions that make up the autonomous transnational legal, regardless of the legal provisions of the law of the seat – the transnational doctrine. The author intends to debate the three mentioned understandings regarding the lexarbitriand further explains why the territorialist criteria is the most adequate to the characteristics and demands of international arbitration, to the governing instruments in force and to the need for a useful award.

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This paper is the author’s Master’s Thesis. It aims to study the content of lexarbitri, i.e. the relevant law regarding international arbitration. Under both Portuguese law and UNCITRAL model law, the seat’s legal provisions shall be applied at all times. Contrarily, French and Swiss legislations allow parties and arbitrators to apply any arbitration law to international arbitration, whether the seat law or a foreign arbitration law. There is not a sole understanding towards the criteria to determine the legal provisions that shall govern international arbitration. Traditionally, the lexarbitri would correspond to the arbitration law of the seat of the arbitration. The territorialistcriteria remains in force under the majority of arbitration laws that the author has consulted.However, it has been criticized by several authorities in international arbitration, who suggest that the arbitration shall be governed by the law of the seat or of the place in which the award is to be enforcement, whichever better grants its enforcement – the cumulative doctrine; or the arbitration shall be governed by a set of provisions that make up the autonomous transnational legal, regardless of the legal provisions of the law of the seat – the transnational doctrine. The author intends to debate the three mentioned understandings regarding the lexarbitriand further explains why the territorialist criteria is the most adequate to the characteristics and demands of international arbitration, to the governing instruments in force and to the need for a useful award.

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Ne bis in idem, understood as a procedural guarantee in the EU assumes different features in the AFSJ and in european competition law. Despite having a common origin (being, in both sectors the result of the case law of the same jurisdictional organ) its components are quite distintic in each area of the integration. In the AFSJ, the content of bis and idem are broader and addressed at a larger protection of individuals. Its axiological ground is based on the freedom of movements and human dignity, whereas in european competition law its closely linked to defence rights of legal persons and the concept of criminal punishment of anticompetitive sanctions as interpreted by the ECHR´s jurisprudence. In european competition law, ne bis in idem is limited by the systemic framework of competition law and the need to ensure parallel application of both european and national laws. Nonetheless, the absence of a compulsory mechanism to allocate jurisdiction in the EU (both in the AFSJ and in the field of anti-trust law) demands a common axiological framework. In this context, ne bis in idem must be understood as a defence right based on equity and proportionality. As far as its international dimension is concerned, ne bis in idem also lacks an erga omnes effect and it is not considered to be a rule of ius cogens. Consequently, the model which the ECJ has built regarding the application of the ne bis in idem in transnational and supranational contexts should be replicated by other courts through cross fertilization, in order to internationalize that procedural guarantee and broaden its scope of application.

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This paper appears in International Journal of Projectics. Vol 4(1), pp. 39-49

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This paper appears in International Journal of Information and Communication Technology Education edited by Lawrence A. Tomei (Ed.) Copyright 2007, IGI Global, www.igi-global.com. Posted by permission of the publisher. URL:http://www.idea-group.com/journals/details.asp?id=4287.

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Thesis presented to satisfy the necessary requirements for obtaining a PhD degree in International Relation with specialization in Globalization and the Environment,

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Project work presented as a partial requirement to obtain a Master Degree in Information Management

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The results discussed in this thesis originated the following communications in International and National congresses: Sacramento JF, Coelho JC, Melo BF, Guarino MP and Conde SV. (2014) Assessment of caffeine dose and time of administration required for resetting insulin sensitivity in high sucrose diet in rats. 50th Meeting of EASD (European Association for the study of Diabetes), 14-19 September, Vienna, Austria Coelho JC, Melo BF, Sacramento JF, Guarino MP and Conde SV (2014). Establishing the caffeine dose that chronically restores insulin sensitivity in animal model of prediabetes. Fundação Astrazeneca Innovate Competition, iMed conference 6.0®, 10-12 October, Lisboa, Portugal Also, during the last year I was involved in other ongoing projects that originated the following communications: Coelho JC, Melo BF, Sacramento JF, Ribeiro MJ, Guarino MP and Conde SV (2014). Are the effects of carotid sinus nerve resection on insulin sensitivity mediated by an increase in Glut4 expression in skeletal muscle?. XLIV Reunião Anual da Sociedade Portuguesa de Farmacologia, XXXII Reunião de Farmacologia Clínica e XIII Reunião de Toxicologia, 5-7 February, Coimbra, Portugal Sacramento JF, Rodrigues T, Coelho JC, Matafome P, Ribeiro MJ, Seiça RM, Guarino MP, Conde SV (2014). Elucidating the mechanism by which carotid sinus nerve resection restores insulin sensitivity in pre-diabetes animal models. International Society for Arterial Chemoreception (ISAC) XIX University of Leeds, 29th June - 3rd July, Leeds, United Kingdom

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Double Degree. A Work Project presented as part of the requirements for the Award of a Masters in Management from Nova School of Business and Economics and Maastricht University.

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The means of obtaining evidence, the amount of evidence obtained, the number of defendants related to each criminal case and the gravity of the crimes for which the magistrates of the Department are holders of penal action, define its real importance to the Rule of Law. I have deeply studied the subject of the institution of hierarchical intervention required by the assistant and the application of an opening statement by the defendant, starting from a hypothetical case, provided when the query of an investigation with the subject of the crime of active corruption, where this institution was called as a reaction to the archiving dispatch delivered by the Public Ministry. I have study about the implementation of the institution of provisional suspension of the process, specifically in the scope of fiscal criminality, analyzing the effective satisfaction of the purposes of the sentences in two slopes: general prevention and special prevention. I went for my first time to a Central Court of Criminal Instruction, where I attended the measures of inquiry and instructive debate of a process that culminated with the prosecution and pronunciation of the defendants. In addition to this criminal experience, I have deepened and consolidated the academic knowledge with the study of various criminal cases from various fields in the scope of criminality investigated by the Department. I could therefore check the basis of procedural delays, regarding to our legal system, especially in this type of crime, raising issues that I analyzed and discussed, always in a critical and academic way. I had the opportunity to attend and witness a seminar in the Lisbon Directorate of Finance as well of entering the Centre for Judicial Studies to attend a conference on the International Anti-Corruption Day. Focus on the investigatory importance of the international judicial cooperation, through the various organs, with special interest to EUROJUST. I comprehended the organization and functioning of these communitarian organs and means of communication of procedural acts, in particular, the rogatory letters and european arrest warrants. This involvement is motivated by the moratorium factor of the investigations where rogatory letters are necessary for the acquisition of evidence or information relevant to the good continuation of the process. For this reason the judicial cooperation through the relevant communitarian organs, translates a streamlined response between the competent judicial authorities of the Member States, through the National Member that integrates EUROJUST. This report aims to highlight some of the difficulties and procedural issues that Public Prosecutors of DCIAP and criminal police bodies that assist them, face in combating violent and organized crime, of national and transnational nature, of particular complexity, according to the specifics of criminal types.

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The subject of study of this Thesis aims to highlight and recognize as an object of reflection the undoubted relationship between the Internet and the Justice System, based on the issue of digital evidence. The simultaneously crossing of the juridical-legal implications and the more technical computer issues is the actual trigger for the discussion of the issues established. The Convention on Cybercrime of the Council of Europe of 23rd November 2001 and the Council Framework Decision n.° 2005/222/JHA of 24th February 2005 were avant-garde in terms of the international work about the crimes in the digital environment. In addition they enabled the harmonization of national legislations on the matter and, consequently, a greater flexibility in international judicial cooperation. Portugal, in compliance with these international studies, ratified, implemented and approved Law n. º 109/2009 of 15th September concerning the Cybercrime Act, establishing a more specific investigation and collection of evidence in electronic support when it comes to combating this type of crime, as it reinforced the Substantive Criminal Law and Procedural Nature. Nevertheless, the constant debates about the New Technologies of Information and Communication have not neglected the positive role of these tools for the user. However, they express a particular concern for their counterproductive effects; a special caution prevails on the part of the judge in assessing the digital evidence, especially circumstantial evidence, due to the its fragility. Indisputably, the practice of crimes through the computer universe, given its inexorable technical complexity, entails many difficulties for the forensic investigation, since the proofs hold temporary, changeable, volatile, and dispersed features. In this pillar, after the consummation of iter criminis, the Fundamental Rights of the suspects may be debated in the course of the investigation and the construction of iter probatorium. The intent of this Thesis is to contribute in a reflective way on the issues presented in order to achieve a bigger technical and legal awareness regarding the collection of digital proof, looking for a much lighter approach to its suitability in terms of evidentiary value.

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Both culture coverage and digital journalism are contemporary phenomena that have undergone several transformations within a short period of time. Whenever the media enters a period of uncertainty such as the present one, there is an attempt to innovate in order to seek sustainability, skip the crisis or find a new public. This indicates that there are new trends to be understood and explored, i.e., how are media innovating in a digital environment? Not only does the professional debate about the future of journalism justify the need to explore the issue, but so do the academic approaches to cultural journalism. However, none of the studies so far have considered innovation as a motto or driver and tried to explain how the media are covering culture, achieving sustainability and engaging with the readers in a digital environment. This research examines how European media which specialize in culture or have an important cultural section are innovating in a digital environment. Specifically, we see how these innovation strategies are being taken in relation to the approach to culture and dominant cultural areas, editorial models, the use of digital tools for telling stories, overall brand positioning and extensions, engagement with the public and business models. We conducted a mixed methods study combining case studies of four media projects, which integrates qualitative web features and content analysis, with quantitative web content analysis. Two major general-interest journalistic brands which started as physical newspapers – The Guardian (London, UK) and Público (Lisbon, Portugal) – a magazine specialized in international affairs, culture and design – Monocle (London, UK) – and a native digital media project that was launched by a cultural organization – Notodo, by La Fábrica – were the four case studies chosen. Findings suggest, on one hand, that we are witnessing a paradigm shift in culture coverage in a digital environment, challenging traditional boundaries related to cultural themes and scope, angles, genres, content format and delivery, engagement and business models. Innovation in the four case studies lies especially along the product dimensions (format and content), brand positioning and process (business model and ways to engage with users). On the other hand, there are still perennial values that are crucial to innovation and sustainability, such as commitment to journalism, consistency (to the reader, to brand extensions and to the advertiser), intelligent differentiation and the capability of knowing what innovation means and how it can be applied, since this thesis also confirms that one formula doesn´t suit all. Changing minds, exceeding cultural inertia and optimizing the memory of the websites, looking at them as living, organic bodies, which continuously interact with the readers in many different ways, and not as a closed collection of articles, are still the main challenges for some media.