La problématique du consentement à l'arbitrage multipartite au sein des groupements de sociétés

"Mémoire présenté à la Faculté des Études supérieures En vue de l'obtention du grade de Maîtrise en droit (LL.M.) option : Droit des affaires". Ce mémoire a été accepté à l'unanimité et classé parmi les 15% des mémoires de la discipline.

La transformación del sistema de partidos políticos en Turquía entre 2001 y 2014

El propósito de esta investigación es analizar los cambios que trajo consigo la llegada del Partido de la Justicia y Desarrollo al poder (AKP), en Turquía. Este partido se presentó como conservador moderado y democrático y esto le permitió llegar al poder y mantenerlo desde 2001 hasta la actualidad, pues recibió el apoyo de diversos grupos políticos. La noción general que dio el AKP a la opinión pública era que un partido conservador estaba iniciando un proceso democrático real en Turquía. Sin embargo, el líder del AKP y sus seguidores viraron, desde el 2007, hacia el islamismo. Usando la teoría del clivaje social, propuesta Stein Rokkan y Seymour Lipset, se intenta demostrar que los cambios realizados por el AKP fueron una estrategia para blindarse en el poder, pero el sistema de partidos mantuvo la lógica de los clivajes tradicionales y el clivaje islamismo-kemalismo se consolidó como el principal.

La dimensión transnacional del movimiento feminista marroquí: génesis, desarrollo e impacto social (1980-2008)

Esta monografía busca explicar cómo han incidido el contexto internacional y las relaciones transnacionales en el movimiento feminista de Marruecos. De este modo, este estudio defiende que las Conferencias Mundiales sobre la Mujer de la ONU crearon una estructura de oportunidad política que favoreció el surgimiento y el desarrollo de este movimiento. Asimismo, dicho contexto construyó un espacio para que las activistas feministas marroquíes crearan y se insertaran en Redes de Defensa Transnacional, las cuales contribuyeron a cambiar la condición de la mujer en Marruecos, a través de reformas a los Códigos de Familia y Nacionalidad y el levantamiento de las reservas a la CEDAW. Para esto se hará un estudio interdisciplinario haciendo uso de la teoría de los movimientos sociales y del activismo transnacional. Igualmente, se utilizará una metodología cualitativa, principalmente a través de las herramientas del análisis de contenido y el trabajo de campo de la autora.

Construction safety and digital design: a review

As digital technologies become widely used in designing buildings and infrastructure, questions arise about their impacts on construction safety. This review explores relationships between construction safety and digital design practices with the aim of fostering and directing further research. It surveys state-of-the-art research on databases, virtual reality, geographic information systems, 4D CAD, building information modeling and sensing technologies, finding various digital tools for addressing safety issues in the construction phase, but few tools to support design for construction safety. It also considers a literature on safety critical, digital and design practices that raises a general concern about ‘mindlessness’ in the use of technologies, and has implications for the emerging research agenda around construction safety and digital design. Bringing these strands of literature together suggests new kinds of interventions, such as the development of tools and processes for using digital models to promote mindfulness through multi-party collaboration on safety

The contributions of domain-general and numerical factors to third-grade arithmetic skills and mathematical learning disability

Explanations of the marked individual differences in elementary school mathematical achievement and mathematical learning disability (MLD or dyscalculia) have involved domain-general factors (working memory, reasoning, processing speed and oral language) and numerical factors that include single-digit processing efficiency and multi-digit skills such as number system knowledge and estimation. This study of third graders (N = 258) finds both domain-general and numerical factors contribute independently to explaining variation in three significant arithmetic skills: basic calculation fluency, written multi-digit computation, and arithmetic word problems. Estimation accuracy and number system knowledge show the strongest associations with every skill and their contributions are both independent of each other and other factors. Different domain-general factors independently account for variation in each skill. Numeral comparison, a single digit processing skill, uniquely accounts for variation in basic calculation. Subsamples of children with MLD (at or below 10th percentile, n = 29) are compared with low achievement (LA, 11th to 25th percentiles, n = 42) and typical achievement (above 25th percentile, n = 187). Examination of these and subsets with persistent difficulties supports a multiple deficits view of number difficulties: most children with number difficulties exhibit deficits in both domain-general and numerical factors. The only factor deficit common to all persistent MLD children is in multi-digit skills. These findings indicate that many factors matter but multi-digit skills matter most in third grade mathematical achievement.

O Processo de agencificação no Brasil: divergência ou mimetismo?

O presente trabalho tem como objetivo analisar o processo de difusão das agências reguladoras independentes no Brasil, ou agencificação, com o intuito de verificar se este processo foi convergente ou divergente, de acordo com duas perspectivas teóricas concorrentes que buscam compreender os processos de difusão. Para isso, foram verificados os mecanismos de difusão – natureza política, verticais e horizontais – e identificadas variáveis contextuais relevantes – como a aparente confusão feita entre flexibilidade de gestão e regulação, o federalismo regulatório, a presença de atores setoriais fortemente articulados, e a importância das moedas de troca no presidencialismo multipartidário brasileiro – que atuaram no processo brasileiro de agencificação. As peculiaridades do caso brasileiro, como a criação de uma agência independente para o cinema e as mudanças ocorridas em âmbito estadual, indicam tratar-se de uma “difusão sem convergência” ou “convergência divergente”, uma vez que, embora o Brasil tenha experimentado uma “explosão” de agências reguladoras, estas foram modeladas de acordo com as necessidades locais e especificidades do contexto nacional.

Learning Democracy Together in School? : Student and Teacher Attitudes in Bosnia and Herzegovina

The principal aim of this study is to examine attitudes and values, through questionnaires, among students and teachers in the last grade of primary school (grade 8) regarding issues related to authoritarianism, democracy, human rights, children rights, conflict resolution and legislation in Bosnia and Herzegovina. A second aim is to explore and analyze the role of the international community in the democratization and education processes in the light of globalization in this country through secondary sources of data, site visits and observations. Analysis of the student sample reveals suspicion towards democracy, especially when democracy was associated with politics and politicians. When the issue of democracy was de-contextualized from Bosnia and Herzegovina realities in the questionnaire, students showed more positive attitudes towards it. Students generally agreed with very strong authoritarian statements. High achieving students were more democratic, more socially responsible, more tolerant regarding attitudes towards religion, race and disabilities, and less authoritarian compared to low achievers. High achievers felt that they had influence over daily events, and were positive towards social and civil engagement. High achievers viewed politics negatively, but had high scores on the democracy scale. High achievers also agreed to a larger extent that it is acceptable to break the law. The more authoritarian students were somewhat more prone to respond that it is not acceptable to break the law. The major findings from the teacher sample show that teachers who agreed with non-peaceful mediation, and had a non-forgiving and rigid approach to interpersonal conflicts, also agreed with strong authoritarian statements and were less democratic. In general, teachers valued students who behave respectfully, have a good upbringing and are obedient. They were very concerned about the general status of education in society, which they felt was becoming marginalized. Teachers were not happy with the overloaded curricula and they showed an interest in more knowledge and skills to help children with traumatic war experiences. When asked about positive reforms, teachers were highly critical of, and dissatisfied with, the educational situation. Bosnia and Herzegovina is undergoing a transition from a state-planned economy and one party system to a market economy and a multi party system. During this transition, the country has become more involved in the globalization process than ever. Today the country is a semi-protectorate where international authorities intervene when necessary. The International community is attempting to introduce western democracy and some of the many complexities in this process are discussed in this study. Globalization processes imply contradictory demands and pressures on the education system. On one hand, economic liberalization has affected education policies —a closer alignment between education and economic competitiveness. On the other hand, there is a political and ideological globalization process underlying the importance of human rights, and the inclusiveness of education for all children. Students and teachers are caught between two opposing ideals — competition and cooperation.

Fellow travelers: an ethnographic study of the dynamics of inter-organizational collaboration

The research is a 13-months ethnographic field work on the early operations of a Multi-party alliance active in the global field of indoor positioning. The study aims to understand and investigate empirically the challenges that at the individual and group level influence the organizing principle guiding the alliance operations and evolution. Its contribution rests on the dynamics affecting ecosystems of innovation and collaborative spaces of value co-creation in inter-organizational projects.

A Sociological Study of the Political Subsystem in Yugoslavia

In this critical analysis of sociological studies of the political subsystem in Yugoslavia since the fall of communism Mr. Ilic examined the work of the majority of leading researchers of politics in the country between 1990 and 1996. Where the question of continuity was important, he also looked at previous research by the writers in question. His aim was to demonstrate the overall extent of existing research and at the same time to identify its limits and the social conditions which defined it. Particular areas examined included the problems of defining basic concepts and selecting the theoretically most relevant indicators; the sources of data including the types of authentic materials exploited; problems of research work (contacts, field control, etc.); problems of analysisl and finally the problems arising from different relations with the people who commission the research. In the first stage of the research, looking at methods of defining key terms, special attention was paid to the analysis of the most frequently used terms such as democracy, totalitarianism, the political left and right, and populism. Numerous weaknesses were noted in the analytic application of these terms. In studies of the possibilities of creating a democratic political system in Serbia and its possible forms (democracy of the majority or consensual democracy), the profound social division of Serbian society was neglected. The left-right distinction tends to be identified with the government-opposition relation, in the way of practical politics. The idea of populism was used to pass responsibility for the policy of war from the manipulator to the manipulated, while the concept of totalitarianism is used in a rather old-fashioned way, with echoes of the cold war. In general, the terminology used in the majority of recent research on the political subsystem in Yugoslavia is characterised by a special ideological style and by practical political material, rather than by developed theoretical effort. The second section of analysis considered the wider theoretical background of the research and focused on studies of the processes of transformation and transition in Yugoslav society, particularly the work of Mladen Lazic and Silvano Bolcic, who he sees as representing the most important and influential contemporary Yugoslav sociologists. Here Mr. Ilic showed that the meaning of empirical data is closely connected with the stratification schemes towards which they are oriented, so that the same data can have different meanings in shown through different schemes. He went on to show the observed theoretical frames in the context of wider ideological understanding of the authors' ideas and research. Here the emphasis was on the formalistic character of such notions as command economy and command work which were used in analysing the functioning and the collapse of communist society, although Mr. Ilic passed favourable judgement on the Lazic's critique of political over-determination in its various attempts to explain the disintegration of the communist political (sub)system. The next stage of the analysis was devoted to the problem of empirical identification of the observed phenomena. Here again the notions of the political left and right were of key importance. He sees two specific problems in using these notion in talking about Yugoslavia, the first being that the process of transition in the FR Yugoslavia has hardly begun. The communist government has in effect remained in power continuously since 1945, despite the introduction of a multi-party system in 1990. The process of privatisation of public property was interrupted at a very early stage and the results of this are evident on the structural level in the continuous weakening of the social status of the middle class and on the political level because the social structure and dominant form of property direct the majority of votes towards to communists in power. This has been combined with strong chauvinist confusion associated with the wars in Croatia and Bosnia, and these ideas were incorporated by all the relevant Yugoslav political parties, making it more difficult to differentiate between them empirically. In this context he quotes the situation of the stream of political scientists who emerged in the Faculty of Political Science in Belgrade. During the time of the one-party regime, this faculty functioned as ideological support for official communist policy and its teachers were unable to develop views which differed from the official line, but rather treated all contrasting ideas in the same way, neglecting their differences. Following the introduction of a multi-party system, these authors changed their idea of a public enemy, but still retained an undifferentiated and theoretically undeveloped approach to the issue of the identification of political ideas. The fourth section of the work looked at problems of explanation in studying the political subsystem and the attempts at an adequate causal explanation of the triumph of Slobodan Milosevic's communists at four subsequent elections was identified as the key methodological problem. The main problem Mr. Ilic isolated here was the neglect of structural factors in explaining the voters' choice. He then went on to look at the way empirical evidence is collected and studied, pointing out many mistakes in planning and determining the samples used in surveys as well as in the scientifically incorrect use of results. He found these weaknesses particularly noticeable in the works of representatives of the so-called nationalistic orientation in Yugoslav sociology of politics, and he pointed out the practical political abuses which these methodological weaknesses made possible. He also identified similar types of mistakes in research by Serbian political parties made on the basis of party documentation and using methods of content analysis. He found various none-sided applications of survey data and looked at attempts to apply other sources of data (statistics, official party documents, various research results). Mr. Ilic concluded that there are two main sets of characteristics in modern Yugoslav sociological studies of political subsystems. There are a considerable number of surveys with ambitious aspirations to explain political phenomena, but at the same time there is a clear lack of a developed sociological theory of political (sub)systems. He feels that, in the absence of such theory, most researcher are over-ready to accept the theoretical solutions found for interpretation of political phenomena in other countries. He sees a need for a stronger methodological bases for future research, either 1) in complementary usage of different sources and ways of collecting data, or 2) in including more of a historical dimension in different attempts to explain the political subsystem in Yugoslavia.

The Experience of the National Rainbow Coalition (NARC) : Political Parties in Kenya from 1991 to 2007

This paper first examines splits and mergers among Kenya’s political parties (and inner-party factions) from the restoration of a multi-party system in 1991 until 2007, before the turbulent 10th general elections were conducted. It then considers what functions “political parties” have in Kenya with special reference to the period since 2002, the year in which President Moi announced his intention to retire. A look back at NARC’s five years of rule reveals that, although it succeeded in changing the government, NARC, as a “political party,” remained throughout an organization without any real substance. The paper looks at (1) NARC’s de facto split after its overwhelming win in the ninth general election, (2) malfunctions of the anti-defection laws that were introduced in the 1960s, and (3) Kenya’s election rules that require candidates to be nominated by registered political parties in general elections. The paper proceeds to argue that as a result of the operation of these three elements, Kenya’s political parties, and especially the victorious coalition sides, tend to end up being nothing more than temporary vehicles for political elites angling for post-election posts.

Dynamic media stream mobility with TURN

Multi party videoconference systems use MCU (Multipoint Control Unit) devices to forward media streams. In this paper we describe a mechanism that allows the mobility of such streams between MCU devices. This mobility is especially useful when redistribution of streams is needed due to scalability requirements. These requirements are mandatory in Cloud scenarios to adapt the number of MCUs and their capabilities to variations in the user demand. Our mechanism is based on TURN (Traversal Using Relay around NAT) standard and adapts MICE (Mobility with ICE) specification to the requirements of this kind of scenarios. We conclude that this mechanism achieves the stream mobility in a transparent way for client nodes and without interruptions for the users.

Syria: A Roadmap for a Sustainable Political Settlement. Egmont Security Policy Brief No. 52, January 2014

On the eve of the Geneva II conference and amid continued fighting on the ground, this short paper seeks to draw up a roadmap, indicating the different stages and steps on the way to a sustainable political settlement of the conflict in Syria. A longer term perspective is put forward, adopting a broad-based and inclusive approach, focused on a Syrian-led transition process under international supervision with the assistance of key third countries, thus preparing the way for a multi-party democratic post-Baath future.

China on Central-Eastern Europe: ‘16+1’ as seen from Beijing. OSW COMMENTARY NUMBER 166/15.04.2015

From the Introduction. In 2012, China approached the countries of Central-Eastern Europe (CEE) with a proposal concerning regional cooperation in the ‘16+1’ formula. According to Chinese analysts, the rationale behind this breakthrough decision was Beijing’s acknowledgment of the growing importance of the region’s states within the European Union as well as a partial elimination of the ideological differences which had hamstrung cooperation in previous years. It seems that the eurozone crisis may be perceived as the reason for the CEE states’ increased interest in developing their cooperation with China. These circumstances have opened a ‘window of opportunity’ which Beijing has decided to exploit to create a kind of bridgehead in the region which it could later use in its further economic expansion in Europe. Apart from opening the CEE region up for investments, the ‘16+1’ format was intended to facilitate the shaping of relations between China and the EU and to become a tool in building a positive image for China. Chinese experts agree that after three years of functioning, the ‘16+1’ regional cooperation format has helped Beijing achieve its goals only to a limited extent. The major obstacles have included: the immense diversification of the region, barriers related to EU law, insufficient expertise on the part of Chinese companies, the asymmetry of economic needs on both sides, and no willingness within the region itself to develop cooperation. Regardless of the limited effectiveness of activities carried out so far, China has continued its ‘16+1’ initiative. This continuation and the progressing institutionalisation of cooperation in the ‘16+1’ format have often seemed superficial. China has been using this multi-party formula to improve its long-term bilateral relations with selected states in the region and thereby to create a basis for Beijing’s political and economic presence in Central-Eastern Europe.

Mixed-Member Electoral Systems in Constitutional Context : Taiwan, Japan, and Beyond /

After the electoral reform in 1994, Japan saw a gradual evolution from a multi-party system toward a two-party system over the course of five House of Representatives election cycles. In contrast, after Taiwan’s constitutional amendment in 2005, a two-party system emerged in the first post-reform legislative election in 2008. Critically, however, Taiwan’s president is directly elected while Japan’s prime minister is indirectly elected. The contributors conclude that the higher the payoffs of holding the executive office and the greater degree of cross-district coordination required to win it, the stronger the incentives for elites to form and stay in the major parties. In such a context, a country will move rapidly toward a two-party system. In Part II, the contributors apply this theoretical logic to other countries with mixed-member systems to demonstrate its generality. They find the effect of executive competition on legislative electoral rules in countries as disparate as Thailand, the Philippines, New Zealand, Bolivia, and Russia. The findings presented in this book have important implications for political reform. Often, reformers are motivated by high hopes of solving some political problems and enhancing the quality of democracy. But, as this group of scholars demonstrates, electoral reform alone is not a panacea. Whether and to what extent it achieves the advocated goals depends not only on the specification of new electoral rules per se but also on the political context—and especially the constitutional framework—within which such rules are embedded.

Extending Object-Oriented Network Protocols via alternative Transportation Bindings (Web Services over XMPP)

Distributed and/or composite web applications are driven by intercommunication via web services, which employ application-level protocols, such as SOAP. However, these protocols usually rely on the classic HTTP for transportation. HTTP is quite efficient for what it does — delivering web page content, but has never been intended to carry complex web service oriented communication. Today there exist modern protocols that are much better fit for the job. Such a candidate is XMPP. It is an XML-based, asynchronous, open protocol that has built-in security and authentication mechanisms and utilizes a network of federated servers. Sophisticated asynchronous multi-party communication patterns can be established, effectively aiding web service developers. This paper’s purpose is to prove by facts, comparisons, and practical examples that XMPP is not only better suited than HTTP to serve as middleware for web service protocols, but can also contribute to the overall development state of web services.