The Influence of ICC Arbitral Decisions on Canadian Law: Comparative Study between Civil Law and Common Law Jurisdictions

L’objectif de cette recherche est de démontrer que les décisions arbitrales de la Chambre de commerce internationale peuvent être considérées comme une source potentielle de droit au Canada. Il existe actuellement une incertitude quant au droit matériel utilisé en arbitrage international pour résoudre les différends commerciaux. Bien que l’utilisation de la lex mercatoria pour résoudre un litige soit une option, elle se heurte à de nombreuses incertitudes terminologiques et conceptuelles. L’utilisation d’une approche méthodologique de la lex mercatoria permettrait une classification de ses sources en deux branches: (1) le droit statutaire international et (2) le stare decisis des tribunaux d’arbitrage commercial international. Une telle approche méthodologique conférerait plus de certitude quant à l’application d’un droit uniforme. De plus, elle faciliterait l’étude de l’interlégalité entre les règles de la lex mercatoria et le droit matériel interne. Plus particulièrement, elle permet de comparer les similitudes et les différences des règles du droit matériel entre les décisions arbitrales internationales, le droit statutaire international et les juridictions canadiennes de common law et de droit civil. Cette comparaison rend possible une évaluation de l’influence potentielle des décisions arbitrales de la Chambre de commerce internationale sur le droit matériel canadien et si cette influence est plus importante en droit civil ou en common law.

“Rights of Women against Domestic Violence - The Law and Emerging Challenges”

Domestic violence is a gender based violation of human rights having multi- dimensional repercussions in the well- being of individuals in family and society. The Indian legislation to protect the women from domestic violence is significant in providing a mechanism for enforcing positive civil rights of protection and injunction orders to the victims of domestic violence along with the existing remedies of criminal sanctions. However the Act was brought in the backdrop of an established tradition of cohesive and stable family setting. This, in turn, results in the emergence of new issues and challenges which necessitates deeper understandings of indigenous sociocultural institutions in India i.e., marriage and family. This study is an attempt to analyse the Indian law on domestic violence and to assess whether the law addresses and answers the problems of domestic violence effectively in the culture specific setting of India

English Contract Law and the Great War: the development of a doctrine of frustration

This article examines changes that occurred in English contract law as a result of the demands made upon Great Britain by the Great War. The focus is on the development of the doctrine of frustration in English law. In particular, it is argued that the development of the doctrine of frustration was fashioned from internal legal forces in the form of both existing case law and emergency legislation in response to the demands placed upon the nation by a global war. The way in which the doctrine of frustration developed during the Great War arose as a direct result of the way in which Britain chose to meet the logistical demands created by the way it fought the Great War.

Construction contracts: law and management. 5th edition

The fifth edition of this best-selling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparison of working with JCT, NEC3 and FIDIC contracts, throughout. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and is an extremely useful source of reference for practitioners.

April 2010: South Carolina 2009 Notable State Documents

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The new Brazilian bankruptcy law and its impacts on the credit market

No início de 2005, uma nova Lei de Falências foi aprovada pelo Congresso Nacional, entrando em meados de junho do mesmo ano. A nova legislação ampliou o grau de proteção ao credor em muitos aspectos. Este artigo busca investigar algumas das consequências empíricas dessa nova lei sobre o mercado de crédito, utilizado dados de firmas argentinas, brasileiras, chilenas e mexicanas para estimar dois modelos para dados em painel: o primeiro com tendências específicas para cada firma e o outro com tendência macro comum às firmas de um mesmo país. A estimação dos dois modelos produziu resultados similares. Foram encontrados impactos significativos sobre a oferta de crédito, o custo da dívida e a oferta de crédito segurado, não-segurado e de longo prazo. Não foram encontrados impactos sobre o total de dívida de curto prazo.

O uso da Lei Rouanet como ferramenta produtiva em um plano de comunicação

The Rouanet law is a tax incentive law that allows companies to invest up to 4% of their taxes - based on actual profit - in sponsoring cultural projects previously approved by the Ministry of Culture. By sponsoring these projects, companies can have their name attached to them and, consequently, strengthening their brand and increase its visibility in the market. Whereas this project is aligned to the company vision, its image will be strengthened and the sales will increase. Large companies use the Rouanet Law to sponsor cultural events and have very strong names in the Brazilian market, perhaps worldwide. Examples: Petrobras, Banco do Brasil, Banco Bradesco, BNDES, Usiminas, Vale, among others. The Public Relations professional, who’s responsible for internal and external communication of a company, can use it as a differential of his work, expanding the company's profits with minimum investments, aligning the company's vision to actual practices and using the sponsorship as an agent capable of strengthen its social responsibility and, due to that, to increase the trust of its target audience. This study will address the theoretical and practical aspects of the Rouanet Law and of the public relations professionals, beyond mentioning examples on the subject, with special attention to Petrobras, the largest sponsor of cultural projects in Brazil. The greatest problem of the Rouanet Law is the fact that its sponsored projects are mostly concentrated in the Southeast, specifically in the Rio - São Paulo region. The more popular the Act become, for most places it will spread and Brazil may, after some time, become a world reference in the Cultural point

Mary E. Frayser Papers - Accession 1

The Mary E. Frayser Papers consists of correspondence, speeches, reports, clippings, minutes, histories, family histories, constitutions and bylaws, membership lists, program notes, photographs, and other papers, relating to her work with the South Carolina Extension Service (1912-1940) Winthrop College, her involvement with the South Carolina Council for the Common Good (1935-1952), the South Carolina Federation of Women’s Clubs (1926-1952), the South Carolina Status of Women Conference (1945-1952), the South Carolina Division of the American Association of University Women (AAUW) (1929, 1935-1949), the South Carolina Interracial Institute (1938-1942), the South Carolina Division of the Southern Regional Council (1944-1951), and the South Carolina Conference of Social Work (1936-1967). There are also papers relating to Frayser’s efforts to promote social and economic legislation and participation by women in public affairs and her interest in libraries and work in the movement for the support of public libraries in South Carolina (1925-1968). Correspondents included G.H. Aault, Evan Chesterman, Wil Lou Gray, Sarah Hughes, Christine South Gee, and Maude Massey Rogers. This collection is a good source of women’s club activities in the twentieth century. Important areas of research would include the way club activity affected social and economic legislation in the state and the various forces involved in the movement for state tax supported libraries. While the papers do range from 1841 to 1953, the greater bulk of the papers extend from the early 1930s to about 1947. Since the work of the various women's club organizations were so inter-related, a researcher working with the papers of a particular organization for a particular time span should consider the Frayser papers of all other organizations. The related papers for the “Correspondence and Related Papers” series for particular organizations are generally similar and include: memoranda, outlines, reports, resolutions, minutes, etc. Additional Frayser information can be found by referring to the Winthrop University Archives (official records).

Covenanters of South Carolina Collection - Accession 208 - M92 (118)

The Covenanters of South Carolina Collections consists of a "Sketch of the Covenanters of Rocky Creek, South carolina About 1750 to 1840" by Miss Mary Elder, 1886 as dictated to her by her father Mr. Matthew Elder, Yorkville, SC. Also included is an undated genealogical sketch of William Stinson (Stevenson) (1752-1809) who was a covenanter from Rocky Creek, SC and a "History of Fishing Creek Presbyterian Church by Mrs. Frank Hicklin" that was written ca. 1958. The Fishing Creek Presbyterian Church was organized ca. 1752.

Equal Rights Amendment South Carolina Coalition Records - Accession 388

The Equal Rights Amendment (ERA) South Carolina Coalition Records date from 1972-1982 and include minutes of meetings, correspondence, magazine articles and newspaper clippings, brochures, pamphlets, flyers, memoranda, and other records relating to the drive for ERA ratification in South Carolina.The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

South Carolina Teacher Association History - Accession 240 - M101 (130)

The South Carolina Teacher Association History collection consists of a publication written by David Duncan Wallace titled History of the South Carolina Teachers' Association in 1924. The publication covers the history of the South Carolina Teacher Association from its founding in 1850 to 1924.

South Carolina Home Economics Association Records - Accession 22

This collection is a valuable source on home economics history in South Carolina during the twentieth century. While there is information on the SCHEA from its beginning in 1914 to 1980, the actual records do not start until 1920. An outline of what the South Carolina Home Economics Association was doing from 1914 to 1920, is provided in the “historical file” (see Box 1, folders 1 to 4). The inclusive dates for a particular series may vary and, for most series, the records are incomplete. The collection contains all the records normally created by an organization, including constitutions, correspondence, minutes, reports, handbooks, etc. A wide variety of research topics could be developed from the records, including the SCHEA’s impact on the legislative process in South Carolina (e.g. the passage of the bill for the enrichment of cornmeal and grits in 1943), its cooperation and relationship with relief agencies in the state and its role in improving child health during the 1930s.

South Carolina International Women's Year Conference Records - Accession 101 - M43 (57-58)

The South Carolina International Women's Year Conference Records consist of news releases, membership lists, directives, bibliographies, memorabilia, newspaper clippings, and other records, concerning the SC International Women’s Year Conference held June 10-11, 1977 in Columbia, SC which met to discuss women’s issues.

South Carolina Farmer's Alliance Papers - Accession 43 - M18 (28)

The South Carolina Farmer's Alliance Papers consist of a reminiscence of the Farmer’s Alliance by W.A. James of Bishopville, SC, who was a county business agent for Sumter County. Also included is a two page comment by Dr. John H. Moore of the Winthrop History Department. The Farmers Alliance was an organized agrarian economic movement among farmers that developed and flourished from the 1870s through 1900.

South Carolina Federal Feminist Credit Union Records - Accession 106 - M45 (60)

The South Carolina Federal Feminist Credit Union Records consists of a charter, newspaper clippings, photographs, statements, minutes, correspondence, memoranda and brochures relating to the creation and early history of the Credit Union, the first of its kind in the Southeast and the tenth one established in the nation. The Credit Union dissolved on September 1, 1977.