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The prosperous harbour town of Ostia in the second and third centuries AD is a good example for demonstrating the areas of daily life and economic activities, and skilled individuals and professionals. One can expect a very distinctive society, with lots of merchandising activities to fulfil the needs and requirements of the people who lived and worked in the city. Inscriptions, reliefs and mosaics inform us about many occupations and skilled professions, as well as guilds and club houses in Ostia. The aim of the contribution is to discuss evidences of monuments and written sources on skilled professionalism in Ostia exemplarily. In general, the individuals represented themselves in an appropriate manner and in their professional environment.
While Gothic scholars of the last two or three decades have explored forms of Gothic sensation, spectacle or visuality, they have generally had as their focus illustrations, caricature prints, graphic ephemera and advertising material rather than oil paintings and watercolours by the famous artists associated with Romanticism. This chapter considers precisely those works of art that have defined Romanticism. The more circumscribed notion of art and the artist associated with the ‘autonomisation’ of art around 1800 is here tied to the emergence of Gothic forms and themes within painting. It is argued that it is more than coincidental that the chronology of the original phase of Gothic literary and cultural production matches that of the development of aesthetics as philosophical discourse, and the ‘invention of art’ as a relatively autonomous field of activity. That a full-blooded Gothic art subsequently resurfaces only intermittently in the history of ‘high art’ exposes not only the volatility and inconstancy of Gothic culture, or the irreconcilability of the Gothic and art, but also the general ambivalence towards the indeterminacies of art in the modern era.
This chapter highlights the natural concentration limits in the context of digital platforms, concluding that e-commerce platforms lack the features of natural monopolies. Despite being characterized by a significant degree of network effects and scale economies, e-commerce is characterized by a large degree of product differentiation, representing a strong counterforce against natural concentration. Negating the applicability of the natural monopoly paradigm, this chapter eveluates the role that competition policy should play in e-commerce, a question that becomes particularly salient following rising calls to abandon the consumer welfare standard in favor of a plurality of objectives including protection of deconcentrated market structures, political pluralism, or inequality. This chapter suggests that stricter review of vertical mergers and more emphasis on issues market power leveraging are desirable for stronger enforcement in markets like e-commerce characterized by scale and network effects.
Chapter eight discusses developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of contracts containing arbitration clauses, as well as developments pertaining to the severability doctrine and its connection to the U.S. common law on adjudicating challenges to the arbitral tribunal’s jurisdiction. The issue of orthodox and U.S. common law arbitrability as a gateway issue also is reviewed.
In the latter half of the twentieth century, there was no tacit or express global agreement to reduce or eliminate dual nationality. In fact, dual nationality has proliferated since the 1970s. While the erosion of coverture globally has, for the most part, eliminated the problems faced by married women with regard to their nationality, little other progress has been made on the subject. In the postwar world, the international legal system shifted away from nationality and protection by states – embracing instead an individualist paradigm. As Eduard Benes said, ``The protection of minorities in the future should consist primarily in the defense of human democratic rights.’’ And so, alongside the Charter of the United Nations was born the Universal Declaration of Human Rights. René Cassin, one of the drafters of the Universal Declaration, like Benes, was dubious and, at times, scornful of the minorities regime. The Universal Declaration as a set of legal norms and principles, thus, should be read in the context of the rejection of group-based rights systems – particularly those dependent upon nationality as a legal status. In its place emerged a system of individualized international rights.
The fifth chapter consists of a discussion of the International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration, with reference to the Rules of Arbitration of the International Chamber of Commerce, the Rules of the International Center for Dispute Resolution, and the Rules of the London Court of International Arbitration. This section culminates with a synthesis of international arbitration rules analyzed through the prism of party-autonomy and some of the more salient features comprising the very fabric of the common law. Chapter five as well explores the “Prague Rules.”
Consists of a historical analysis of international commercial arbitration in the United States. It traces the origins of international commercial arbitration to the arbitration agreements that follow the 1687 enactment of the Statute of Fines and Penalties in England, and also references the Act of 1854 in England that vested courts with the discretion to stay a legal proceeding in deference to arbitration agreements. This chapter also documents early U.S. common law authority that was antagonistic to arbitration generally. This introduction in abbreviated manner reviews landmark Supreme Court decisions that most descriptively represent the development of international arbitration and arbitration generally as standing in pari materia with judicial proceedings.
Chapter six primarily focuses on the development and application of the common law doctrine of Manifest Disregard of the Law, and perhaps on its very disappearance. It undertakes this discussion, however, through paradigms exploring methodologies for possibly avoiding 28 U.S.C. §1782.
The third chapter reviews the development and current status of the doctrine of arbitrator immunity-liability. Comparative models between the U.S. common law and civil law jurisdictions are discussed. The role of the Supreme Court’s post-Civil War Reconstruction Era opinions are re-examined as part of the effort of exploring the doctrine’s development. It is asserted that post-U.S. Civil War Supreme Court jurisdiction profoundly has influenced the U.S. common law on arbitrator immunity.
Chapter seven explores the issue of “perjury in arbitration.” It discusses the issue through the lenses of a comparative approach to “truth-telling” and “oath-taking” in non-U.S. jurisdictions, and judicial proceedings.
The fourth chapter discusses the role of 28 U.S.C. §1782 in international commercial arbitration. Specifically, “the taking” or “gathering of evidence” is compared and contrasted to common law discovery. Emphasis is placed on the construction of a new paradigm asserting that when submitted to reasoned examination, the taking or the gathering of evidence has failed to generate sufficient timely transparency to contribute to creating appropriate settlement conditions. It is suggested that American common law discovery is configured and organized by many of the very fundamental tenets that international commercial arbitration seeks to preserve and to promote; most notably, party-autonomy and transparency. It also is suggested that arbitral procedural law in the context of “evidence gathering” has undergone a revolutionary transformation such that it shall require continental law practitioners to appreciate narrow and limited fundamental principles of U.S. common law discovery. Chapter four also focuses on the role of party-autonomy in the gathering of evidence, as well as the taking of discovery in international commercial arbitration.
The ninth and final chapter analyzes U.S. arbitration doctrinal developments and their dialogue with the New York Convention. Four discrete issues are reviewed: (i) the relationship between non-signatories to arbitration agreements and their obligation to arbitrate, (ii) jurisdiction over an arbitral award debtor as a predicate to enforcement, (iii) the interjection of forum non conveniens in arbitral enforcement proceedings, and (iv) the tensions between rendering states and secondary enforcing states with respect to annulled international arbitration awards.
The second chapter consists of an analysis of shifting paradigms based on critical exploration of the United States Supreme Court’s strictures in Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. While this particular story has been told and retold, rarely has it been historically contextualized.
While politicians, scholars, and lawyers argued about whether individuals ought to be subjects of international law and bear rights within the international order, commercial organizations, like the International Chamber of Commerce, began to advocate for the protection of property and investments at the international level. Investors, they argued, ought to be able to hale a state before a neutral tribunal in order to defend their property rights. While refugees did not have access to international courts or tribunals to defend their rights in the interwar period, commercial organizations increasingly did.
Commerce in some data is, and should be, limited by the law because some data embody values and interests—in particular, human dignity—that may be detrimentally affected by trade. In this Article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the EU Charter and the GDPR. We observe that transactions in personal data are not forbidden but subject to what we call a dynamically limited alienability rule. This rule is based on two dynamic variables: The nature of data and the legal basis for commercially trading such data at a primary or secondary level. Accordingly, in order to deal with such dynamism and the uncertainty it poses, we propose a general two-stage reasonableness test that should help legal practitioners, judges, and lawmakers to consider when trade in data is illicit and who, if anyone, shall be held responsible for this mischief. Finally, we show how the two-stage test and the limited alienability rule can advance European contract law and help enforce legal principles associated with such data extra commercium in automated and autonomous data trading systems.
In Chapter 2, Angelique EagleWoman (Wambdi A. Was’teWinyan) explores some historical trade relationships and the vast networks connecting Indigenous commerce in the Americas. She sets forth the values and worldviews that traditionally undergirded the commercial framework as well as providing an overview of the inter-nation trade in goods and services that has developed over hundreds of years. The chapter closes with insight into the potential for revitalizing and reconnecting traditional trade alliances to rebuild Indigenous economies.
Having assembled a sizeable dataset in Part II, we now move forward in Part III to its analysis, synthesis, and conceptualisation. Multi-faceted problems invite cross-disciplinary approaches, and Part III engages in methodological and theoretical pluralism as it seeks ways to bring anthropology and history into a closer communion. At various junctures in this volume I have emphasised the importance of looking at the Classic Maya less as a series of separate polities than as a unified political culture. We have reached the point where that assertion needs to be more fully explored and its implications fleshed out.
The election of Donald Trump and his decision to renegotiate the North American Free Trade Agreement (NAFTA) represented a shock to the Canadian and Mexican governments and business elites. Drawing on the New Regionalism(s) Approach (NRA), this article reviews the response of the Canadian state to the crisis in the North American regional project. I argue that this newer theoretical approach better explains the dynamics of regionalization or regional decomposition than mainstream theories by integrating the role played by uneven globalization, normative and ideational dimensions, and civil society in processes of regional integration and/or decomposition.
In this analytical research, the dependency of trust on the user interface in e-commerce has been reviewed. The approach of this case study on payment gateways (PGs) was a combination of the cross-sectional analysis and empirical study. First, the situation of a PG was evaluated in the marketing campaign. Then, the UI of 8 famous PGs was redesigned and 160 volunteers ranked the credibility of each page. Finally, the highest-ranked page was implemented, and the campaign was repeated. Results showed the users who trusted increased from 23.4% to 54.5% due to a new UI design.
This paper presents an experimental comparative study into the entrepreneurial mindset of engineering and business students at a Canadian University. The study wants to test if the discipline has an effect on students perceptions of their entrepreneurial mindsets, when engaged in a similar educational approach. Key findings show that entrepreneurship can be taught and that there are differences in mindset change related to the discipline.