New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.

'Fencing them in' : the A-league, policing and the dilemma of public order

The establishment of an elite national Australian soccer league has been accompanied by an unprecedented growth in popularity for the world game in several Australian cities. Such growth presents numerous challenges for public order maintenance, particularly in light of the widespread concern over the relationship between soccer, disasters in major closed venues and violence. After outlining the emerging issues, and the extant Australian research into the phenomena of policing and sports crowd disorder, this study offers a knowledge based approach to foster informed, reflective and collaborative policing in elite and sub-elite soccer venues. Rather than advocating a fundamental shift in the current public order policing paradigm, we suggest drawing on elements of best practice that are currently adopted in other Australian sporting and public order settings and appropriate overseas experience to facilitate a better understanding of the dynamics of Australian soccer fandom. The result should be the promotion of safer yet exciting events at which interactive crowd management based on harm minimization principles are key features.

Managerial ownership concentration and agency conflict using logistic regression approach : evidence from Bursa Malaysia

This paper adopted logistic regression model to examine the relationship between level of managerial ownership concentration and agency conflict which are proxied by level of risk, firms leverage and firms dividend policy. The study covers a period of 5 years from 1997 through 2001. The study is based on the 100 blue-chip stocks, majority of which are derived from CI components. The findings suggest a positive and significant association between level of level of risk at lower level and managerial ownership while a negative and significant association is also evidenced between risk at higher level and managerial ownership concentration. While debt policy which serves as positive monitoring substitute for agency conflict is found to be positive and significant explaining the level of ownership concentration. Furthermore, dividend policies, which also serve as monitoring, substitute to reduce agency conflict between manager and external shareholders do not appear to have any significant impact on managerial ownership. On the other hand, the level of institutional ownership, which serves as external monitoring force, is found to have inverse impact on level of managerial ownership concentration. This is marginally significant at 10 level (p=.12). The findings, in part explain the argument that the managerial ownership help reduce agency conflict between outside equity holders and managers.

Conflict management : the team New Zealand case

The primary subject matter of this case is the effectiveness of risk management strategies associated with the staging of a major international sporting event. A secondary issue examined in the case concerns the proprietary rights of employers to the intellectual capital and skills acquired by employees. The case requires an understanding of strategic risk management and good corporate governance principles.

This case has a difficulty level that makes it most suitable for senior level students in a Corporate Governance/Business Ethics course. The case is designed to be taught in three class hours and would require about eight hours of out-of-class time which includes reading the case material and the articles listed in the references.

Civil war, conflict resolution and culture in Lebanon and Algeria

This thesis examined the explanatory capacity of political culture in relation to civil war and conflict resolution in Lebanon and Algeria. It argued that political culture operates to affect the form and legitimacy of peace agreements by employing a method of content analysis that emphasised 'contextuality' in resolution processes.

Transition to parenthood and the conflict of unrealized role expectations

Attempts to evaluate the effects of role expectations on transition to parenthood. Resultant changes in the partnership are measured. Highlights the enormity and complexity of the transition and underlying influences.