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Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national legal systems but also international commercial arbitration and other international legal regimes, the author specifically leverages the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following: threshold requirements for the due process defence; policy considerations of and relevant limits to the interpretation and application of the due process defence; proper notice of the appointment of the arbitrator or of the arbitration proceedings; opportunity to present a case and equal treatment; and the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence. The book includes a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography includes references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws. The book shows clearly how an understanding of transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on the decentralised interpretation of international law by domestic courts. Resolving a range of practical questions about the precise content of the due process defence, the book’s stable and principled framework for interpreting the due process defence will be greatly appreciated by arbitration professionals. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Greater longevity is an indicator of human progress in general. Increased life expectancy and lower fertility rates are changing the population structure worldwide in a major way: the proportion of older persons is rapidly increasing, a process known as population ageing. The process is inevitable and is already advanced in developed countries and progressing quite rapidly in developing ones. The 2007 Survey analyses the implications of population ageing for social and economic development around the world, while recognising that it offers both challenges and opportunities. Among the most pressing issues is that arising from the prospect of a smaller labour force having to support an increasingly larger older population. Paralleling increased longevity are the changes in intergenerational relationships that may affect the provision of care and income security for older persons, particularly in developing countries where family transfers play a major role. At the same time, it is also necessary for societies to fully recognise and better harness the productive and social contributions that older persons can make but are in many instances prevented from making. The Survey argues that the challenges are not insurmountable, but that societies everywhere need to put in place the policies required to confront those challenges effectively and to ensure an adequate standard of living for each of their members, while respecting and promoting the contribution and participation of all.
This practically oriented book provides an up-to-date overview of all significant aspects of the pathogenesis of sepsis and its management, including within the intensive care unit. Readers will find information on the involvement of the coagulation and endocrine systems during sepsis and on the use of biomarkers to diagnose sepsis and allow early intervention. International clinical practice guidelines for the management of sepsis are presented, and individual chapters focus on aspects such as fluid resuscitation, vasopressor therapy, response to multiorgan failure, antimicrobial therapy, and adjunctive immunotherapy. The closing section looks forward to the coming decade, discussing novel trial designs, sepsis in low- and middle-income countries, and emerging management approaches. The book is internatio nal in scope, with contributions from leading experts worldwide. It will be of value to residents and professionals/practitioners in the fields of infectious diseases and internal medicine, as well as to GPs and medical students.
Pozar's new edition of Microwave Engineering includes more material on active circuits, noise, nonlinear effects, and wireless systems. Chapters on noise and nonlinear distortion, and active devices have been added along with the coverage of noise and more material on intermodulation distortion and related nonlinear effects. On active devices, there's more updated material on bipolar junction and field effect transistors. New and updated material on wireless communications systems, including link budget, link margin, digital modulation methods, and bit error rates is also part of the new edition. Other new material includes a section on transients on transmission lines, the theory of power waves, a discussion of higher order modes and frequency effects for microstrip line, and a discussion of how to determine unloaded.
Poplars and willows form an important component of forestry and agricultural systems, providing a wide range of wood and non-wood products. This book synthesizes research on poplars and willows, providing a practical worldwide overview and guide to their basic characteristics, cultivation and use, issues, problems and trends. Prominence is given to environmental benefits and the importance of poplar and willow cultivation in meeting the needs of people and communities, sustainable livelihoods, land use and development.
The Rapid Visual Screening (RVS) handbook can be used by trained personnel to identify, inventory, and screen buildings that are potentially seismically vulnerable. The RVS procedure comprises a method and several forms that help users to quickly identify, inventory, and score buildings according to their risk of collapse if hit by major earthquakes. The RVS handbook describes how to identify the structural type and key weakness characteristics, how to complete the screening forms, and how to manage a successful RVS program.
"The Handbook is intended to be a service to the neuroscience community, to help in finding available and useful information, to point out gaps in our knowledge, and to encourage continued studies. It represents the valuable contributions of the many authors of the chapters and the guidance of the editors and most important, it represents support for research in this discipline. Based on the rapid advances in the years since the second edition."--Publisher's website.
Basic Algebra and Advanced Algebra systematically develop concepts and tools in algebra that are vital to every mathematician, whether pure or applied, aspiring or established. Advanced Algebra includes chapters on modern algebra which treat various topics in commutative and noncommutative algebra and provide introductions to the theory of associative algebras, homological algebras, algebraic number theory, and algebraic geometry. Many examples and hundreds of problems are included, along with hints or complete solutions for most of the problems. Together the two books give the reader a global view of algebra and its role in mathematics as a whole.