705 resultados para Arbitration Clause
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Dissertação de mestrado em Direito das Crianças, Família e Sucessões
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Dissertação de mestrado em Direito e Informática
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Dissertação de mestrado em Ciências da Linguagem
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Documento publicado por el CEO-UAB como parte de la colección Working Papers, con el objetivo de identificar a los integrantes de la familia arbitral, en unos Juegos Olímpicos, y realizar una correcta selección de técnicos.
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Purpose: Organ transplantation is a biological and psychological challenge and graft acceptance is an important achievement for patients. Patients' concerns toward the deceased donor and the organ may contribute to this process. Method: Forty-seven patients involved in heart (N=9), liver (N=8), lung (N=14) and kidney (N=16) transplantation participated in IRB-approved longitudinal semi-structured interviews: (T1) registered on the waiting-list, (T2) six months and (T3) twelve months after transplantation. Qualitative pattern analysis (QUAPA) was carried out on the verbatim transcripts and concerns about the donor and the organ were then analysed. Results: - Donor's representation: At T1, patients were reluctant to talk about the donor: 27% expressed culpability and 19% accepted the clause of anonymity. At T2, intense emotions were associated with the reminiscing about the donor and 45% highlighted the generosity of his/her act. In addition, heart, lung and kidney recipients were concerned about the donor's identity: 42% challenged the clause of anonymity. Liver recipients complained about anonymity, but could nevertheless cope with it. At T3, 47% of heart, lung and kidney recipients thought daily of the donor and 33% were still looking for information about him/her. Liver recipients rarely have thoughts about the donor. - Organ representation: At T1, organ descriptions were biomedical (49% of the interviewees) and more rarely, mainly heart candidates, referred to the symbolic meaning of the organ. After transplantation (T2-T3), function was underlined. Acceptance and organ integration were associated with post-operative outcomes (23%) and psychological well-being (45%). Some patients (32%) inferred the donor's personality from the organ quality and felt privileged having received an organ in such a good state. Conclusion: Donor's representations should be explored during the transplantation process as they play an important role in the psychological acceptance of the graft.
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Under the Dynamic Model of Multilingualism multilinguals are especially vulnerable to language attrition. It was the aim of the present study to verify if this was the case and to observe whether the different linguistic skills (receptive vs. descriptive) and the different linguistic levels (syntactic, lexical, morphological, etc.) would be affected equally.Data were gathered longitudinally by means of a language test for the subject’s reading, writing, listening and speaking skills as well as her knowledge of grammar and vocabulary. Although the overall accuracy remained intact and no proof for attrition in the receptive skills was found, the productive skills - mainly fluency - were shown to have suffered from language attrition. This was demonstrated by an increase in the number of pauses, hesitations, repetitions and self-corrections among others and decrease in the percentage of error-free clauses and decrease in the clause length, in oral and written fluency respectively.
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General Introduction This thesis can be divided into two main parts :the first one, corresponding to the first three chapters, studies Rules of Origin (RoOs) in Preferential Trade Agreements (PTAs); the second part -the fourth chapter- is concerned with Anti-Dumping (AD) measures. Despite wide-ranging preferential access granted to developing countries by industrial ones under North-South Trade Agreements -whether reciprocal, like the Europe Agreements (EAs) or NAFTA, or not, such as the GSP, AGOA, or EBA-, it has been claimed that the benefits from improved market access keep falling short of the full potential benefits. RoOs are largely regarded as a primary cause of the under-utilization of improved market access of PTAs. RoOs are the rules that determine the eligibility of goods to preferential treatment. Their economic justification is to prevent trade deflection, i.e. to prevent non-preferred exporters from using the tariff preferences. However, they are complex, cost raising and cumbersome, and can be manipulated by organised special interest groups. As a result, RoOs can restrain trade beyond what it is needed to prevent trade deflection and hence restrict market access in a statistically significant and quantitatively large proportion. Part l In order to further our understanding of the effects of RoOs in PTAs, the first chapter, written with Pr. Olivier Cadot, Celine Carrère and Pr. Jaime de Melo, describes and evaluates the RoOs governing EU and US PTAs. It draws on utilization-rate data for Mexican exports to the US in 2001 and on similar data for ACP exports to the EU in 2002. The paper makes two contributions. First, we construct an R-index of restrictiveness of RoOs along the lines first proposed by Estevadeordal (2000) for NAFTA, modifying it and extending it for the EU's single-list (SL). This synthetic R-index is then used to compare Roos under NAFTA and PANEURO. The two main findings of the chapter are as follows. First, it shows, in the case of PANEURO, that the R-index is useful to summarize how countries are differently affected by the same set of RoOs because of their different export baskets to the EU. Second, it is shown that the Rindex is a relatively reliable statistic in the sense that, subject to caveats, after controlling for the extent of tariff preference at the tariff-line level, it accounts for differences in utilization rates at the tariff line level. Finally, together with utilization rates, the index can be used to estimate total compliance costs of RoOs. The second chapter proposes a reform of preferential Roos with the aim of making them more transparent and less discriminatory. Such a reform would make preferential blocs more "cross-compatible" and would therefore facilitate cumulation. It would also contribute to move regionalism toward more openness and hence to make it more compatible with the multilateral trading system. It focuses on NAFTA, one of the most restrictive FTAs (see Estevadeordal and Suominen 2006), and proposes a way forward that is close in spirit to what the EU Commission is considering for the PANEURO system. In a nutshell, the idea is to replace the current array of RoOs by a single instrument- Maximum Foreign Content (MFC). An MFC is a conceptually clear and transparent instrument, like a tariff. Therefore changing all instruments into an MFC would bring improved transparency pretty much like the "tariffication" of NTBs. The methodology for this exercise is as follows: In step 1, I estimate the relationship between utilization rates, tariff preferences and RoOs. In step 2, I retrieve the estimates and invert the relationship to get a simulated MFC that gives, line by line, the same utilization rate as the old array of Roos. In step 3, I calculate the trade-weighted average of the simulated MFC across all lines to get an overall equivalent of the current system and explore the possibility of setting this unique instrument at a uniform rate across lines. This would have two advantages. First, like a uniform tariff, a uniform MFC would make it difficult for lobbies to manipulate the instrument at the margin. This argument is standard in the political-economy literature and has been used time and again in support of reductions in the variance of tariffs (together with standard welfare considerations). Second, uniformity across lines is the only way to eliminate the indirect source of discrimination alluded to earlier. Only if two countries face uniform RoOs and tariff preference will they face uniform incentives irrespective of their initial export structure. The result of this exercise is striking: the average simulated MFC is 25% of good value, a very low (i.e. restrictive) level, confirming Estevadeordal and Suominen's critical assessment of NAFTA's RoOs. Adopting a uniform MFC would imply a relaxation from the benchmark level for sectors like chemicals or textiles & apparel, and a stiffening for wood products, papers and base metals. Overall, however, the changes are not drastic, suggesting perhaps only moderate resistance to change from special interests. The third chapter of the thesis considers whether Europe Agreements of the EU, with the current sets of RoOs, could be the potential model for future EU-centered PTAs. First, I have studied and coded at the six-digit level of the Harmonised System (HS) .both the old RoOs -used before 1997- and the "Single list" Roos -used since 1997. Second, using a Constant Elasticity Transformation function where CEEC exporters smoothly mix sales between the EU and the rest of the world by comparing producer prices on each market, I have estimated the trade effects of the EU RoOs. The estimates suggest that much of the market access conferred by the EAs -outside sensitive sectors- was undone by the cost-raising effects of RoOs. The chapter also contains an analysis of the evolution of the CEECs' trade with the EU from post-communism to accession. Part II The last chapter of the thesis is concerned with anti-dumping, another trade-policy instrument having the effect of reducing market access. In 1995, the Uruguay Round introduced in the Anti-Dumping Agreement (ADA) a mandatory "sunset-review" clause (Article 11.3 ADA) under which anti-dumping measures should be reviewed no later than five years from their imposition and terminated unless there was a serious risk of resumption of injurious dumping. The last chapter, written with Pr. Olivier Cadot and Pr. Jaime de Melo, uses a new database on Anti-Dumping (AD) measures worldwide to assess whether the sunset-review agreement had any effect. The question we address is whether the WTO Agreement succeeded in imposing the discipline of a five-year cycle on AD measures and, ultimately, in curbing their length. Two methods are used; count data analysis and survival analysis. First, using Poisson and Negative Binomial regressions, the count of AD measures' revocations is regressed on (inter alia) the count of "initiations" lagged five years. The analysis yields a coefficient on measures' initiations lagged five years that is larger and more precisely estimated after the agreement than before, suggesting some effect. However the coefficient estimate is nowhere near the value that would give a one-for-one relationship between initiations and revocations after five years. We also find that (i) if the agreement affected EU AD practices, the effect went the wrong way, the five-year cycle being quantitatively weaker after the agreement than before; (ii) the agreement had no visible effect on the United States except for aone-time peak in 2000, suggesting a mopping-up of old cases. Second, the survival analysis of AD measures around the world suggests a shortening of their expected lifetime after the agreement, and this shortening effect (a downward shift in the survival function postagreement) was larger and more significant for measures targeted at WTO members than for those targeted at non-members (for which WTO disciplines do not bind), suggesting that compliance was de jure. A difference-in-differences Cox regression confirms this diagnosis: controlling for the countries imposing the measures, for the investigated countries and for the products' sector, we find a larger increase in the hazard rate of AD measures covered by the Agreement than for other measures.
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This dissertation concerns two types of wh-constructions – interrogative and relative clauses – of Cape Verdean Creole (CVC), a Portuguese-based Creole language spoken on the archipelago of Cape Verde, specifically the variety spoken on Santiago Island, in the coast of West Africa. Chapter 2 focus on some aspects of the syntax of CVC, claiming that the possibilities of S-V inversion are very limited and that verbs stay in Vº, except for the Present tense form of the copula verb e ‘to be’, which is the spell out of the formal feature [Present] of T. It is proposed that CVC exhibits a clause functional structure that is similar to English: [CP [TP [NegP [AspP [VP … ]]]]]. In this chapter, it is also suggested that a non Split-CP, based on the formal features [±D, ±V, ±Q, ±Wh, ±T], correctly accounts for the distribution of the complementizers in CVC. Chapter 3 presents the wh-question formation strategies exhibited by CVC, showing that some of them involve Move, while others do not. Considering CVC data, it is said that the language has two clausal typing processes: an ambiguous complementizer ki ([±Q, ±Wh]), whose checking domain is strictly local; and an unambiguous complementizer Ø ([+Q, +Wh]), whose checking domain is not strictly local. The first one derives fronted wh-questions and the second one accounts for wh-in- -situ. Chapter 4 describes the relativization strategies displayed by CVC, focusing on the fact that PP pied-piping is ruled out and that resumption is possible both inside and outside syntactic islands. It is suggested a revision of Bianchi’s (2002a) head raising analysis for the structure of relative clauses. Chapter 5 discusses the properties of the defective copy strategy ([wh[+PL] … el]) and presents evidence in favor of a distinction between this type of wh-strategy and resumption ([wh[+PL] … es]). It is argued that the language requires an overt pronominal form (3SG) to occur in the complement position of the preposition because CVC types the clause with a complementizer ki [uCat +D] and does not allow for preposition incorporation. The set of formal features of the lower copy is ‘shrinked’, i.e. the features are deleted but not erased, being accessible to PF. This analysis of the defective copy xiv strategy predicts that it only applies to PPs and that it is an autonomous process involving wh-movement, which is distinct from resumption.
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Segundo Comrie (1981:148), «a given language may have more than one type of relative clause construction in its over-all battery of relative clause formation possibilities. (…) The distribution of types within a language, however, is not completely arbitrary (…)». Dado que o Crioulo de Cabo Verde (CCV), variante de Santiago, se comporta desta maneira relativamente àquela área da gramática, a análise das orações relativas nesta língua de base lexical portuguesa assume uma importância acrescida quer descritivamente, quer tipologicamente. Deste modo, o artigo que se apresenta foca os seguintes tópicos da sintaxe de relativização do CCV: (i) Tipos de orações relativas em Crioulo de Cabo Verde (cf. secção 2.); (ii) Estratégias de relativização em CCV (cf. secção 2.); (iii) Natureza dos marcadores relativos em CCV (cf. secção 3.). As orações relativas diferem entre si relativamente a vários aspectos, sendo o resultado da interacção de factores sintácticos e semânticos. Cada tipo de oração relativa pode envolver uma ou mais estratégias de relativização, obedecendo a determinadas condições sintácticas, como se expõe no Quadro
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This Agreement made and entered into this 1st day of July 2007 at Des Moines, Iowa, pursuant to the provisions of Chapter 20 of the Iowa Code, by and between the State of Iowa (hereinafter referred to as the Employer) and the State Police Officers Council, and its appropriate affiliated sub-organizations (hereinafter referred to as the Council), as representatives of employees employed by the State of Iowa, as set forth specifically in the Recognition Clause.
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In a unanimous decision, the Iowa Supreme Court today held that the Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution. The decision strikes the language from Iowa Code section 595.2 limiting civil marriage to a man and a woman. It further directs that the remaining statutory language be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage.
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El arbitraje del baloncesto ha experimentado numerosos cambios en los últimos diez años. El presente artículo pretende aunar algunas bases conceptuales y metodológicas a partir de las cuales definir un nuevo perfil operativo para el denominado ‘árbitro moderno’. En este sentido, se ahondará en el análisis de las nuevas competencias comunicativas asociadas e indisolubles a la tarea arbitral, capitalizadas por el diálogo, la administración de ‘poder blando’, la gestión emocional y la adopción, por parte del árbitro, de una renovada actitud empática ante todos los componentes del juego. Así las cosas, este trabajo, en su conjunto y con la ayuda de un estudio de caso, propondrá la definición teórica de nuevas lógicas de actuación arbitral propias del baloncesto del siglo XXI.
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Summary: The interpretation of certain adverbials as affected by their clause position
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La utilització dels mitjans alternatius de resolució de conflictes (ADR) en l'àmbit de les reclamacions de consum té un marc legal específic a Espanya -i també a la UE- des del 1993, que deriva de les seves característiques especials. Algunes són d'encuny exclusivament jurídic: es tracta de reclamacions en què el marc legal aplicable és el denominat dret de consum; d'altres tenen un suport bàsicament fàctic: solen tenir poca entitat econòmica, és a dir, entren en la categoria del que denominem small claims, i el fet que les reclamacions -en alguns casos que van en augment- siguin transfrontereres condiciona l'opció entre jurisdicció tradicional i ADR, com també tindrem ocasió d'analitzar. Cal afegir a aquests elements jurídics i fàctics un element important de política legislativa en un àmbit de la UE: els ADR s'entenen com un instrument bàsic per a garantir l'accés dels consumidors a la justícia, però alhora, en l'àmbit del comerç electrònic, són un element de gran transcendència en la creació de la denominada confiança electrònica o e-confidence. Per aquest motiu, s'exploren contínuament proces- sos de resolució en línia de conflictes (on-line dispute resolution, ODR). Els ODR pretenen la màxima eficàcia oferint un suport tècnic capaç de solucionar una controvèrsia amb la intervenció d'un tercer o sense, i dins o fora de l'organització de l'empresari. D'aquesta manera, s'usa un mateix expedient tècnic per a posar en marxa successivament més d'un ADR, o es potencien els mecanismes automàtics que prescindeixen dels conceptes jurídics i, en mig de l'exploració constant, Espanya aposta per l'arbitratge electrònic de consum en el RD 236/2008. A aquests temes ens referirem a continuació.