Beyond the New York Convention.

Many critical issues in today's international commercial arbitration are unsettled. The purpose of this research is to study how the New York Convention shall be reformed or evolved on a jurisprudential basis. The New York Convention to a certain extent is a legal discourse with some crucial norms such as party autonomy and the split of powers (involving judicial review and sovereignty). Social, historical, economic and cultural factors affect the formation and application of norms in this discourse. With this in mind, the disciplines of law, sociology, and economics will be adopted occasionally. Darwinian legal theory and game theory are two major analytic approaches. There are six chapters in this dissertation. The purpose, task and methodologies of this research are outlined in Chapter 1. No research on arbitration would be complete without some discussion of the historical context, which can help to explore the differences between different times and show the evolution of critical norms and theories. The discussion concerning Darwinian legal theory and the evolution of the New York Convention is in Chapter 2. The theory can be a tool to explain the future development of the New York Convention in a changing legal environment. Game theory is often used to study such legal phenomena as jurisdictional competition and legal harmonisation. The basic idea is that states act in their self-interest like private parties in the game, which requires a "federalism" system in place to harmonise self-interest-oriented national rules. Under the New York Convention, the enforcement of vacated arbitral awards involve multiple states and naturally touches upon the actions these states may take. Game theory is used in Chapter 3 to study the possibility of harmonising national rules in the trend of de-localisation and globalisation. The modern arbitration has become more legalistic. The business community desire applicable rules and procedures more business-oriented and simpler than those used by national courts. Instead of rigid national laws, the business community prefers the stability and predictability offered by law merchant or lex mercatoria. Historical and neo-economic studies of lex mercatoria are offered in Chapter 4 to demonstrate the necessity of recognising lex mercatoria in practice. Public policy is a critical concept in the New York Convention. Apart from the arbitrability and public policy review in the enforcement procedure, Chapter 5 tries to explore the possibility of framing "normative" public policy on the basis of game theory. States are the key actor in implementing public policy. Thus, the role and function of the states in the era of globalisation will be studied as well by reference to the neo-economic theories. A conclusion is set out in Chapter 6

The World We Want to Live In

Digitalisation, digital networks, and artificial intelligence are fundamentally changing our lives! We must understand the various developments and assess how they interact and how they affect our regular, analogue lives. What are the consequences of such changes for me personally and for our society? Digital networks and artificial intelligence are seminal innovations that are going to permeate all areas of society and trigger a comprehensive, disruptive structural change that will evoke numerous new advances in research and development in the coming years. Even though there are numerous books on this subject matter, most of them cover only specific aspects of the profound and multifaceted effects of the digital transformation. An overarching assessment is missing. In 2016, the Federation of German Scientists (VDW) has founded a study group to assess the technological impacts of digitalisation holistically. Now we present this compendium to you. We address the interrelations and feedbacks of digital innovation on policy, law, economics, science, and society from various scientific perspectives. Please consider this book as an invitation to contemplate with other people and with us, what kind of world we want to live in

Leon Baptista Alberti : the philosophy of cultural criticism

Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Architecture, 1986.MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH.Bibliography: leaves 355-362.This dissertation investigates Leon Baptista Alberti's cultural critique, taking into consideration a broad spectrum of Alberti's writings, including many which have remained relatively unknown and ignored. Alberti developed his cultural theories by means of a literary ontology which is based on the definition of the author, his role in society, and his function as catalyst for regeneration. His theory of art and of history, and even his views on the task of Humanism it self, are all subsumed in his comprehensive attempt to demonstrate that myth-making capabilities are central to society's self-definition. Unless society keeps alive the myths of destruction and regeneration, its historical viability, so Alberti argues, is endangered. Alberti's aesthetic theory, which has previously been sought exclusively in his treatises, De pictura and De re aedificatoria, emerges in this inquiry as inextricably interlocked with his cultural critique. For the first time, the treatises will be viewed from within the context of Alberti's own thought.by Mark Michael Jarzombek.Ph.D

Bulk Collection

In June 2013, Edward Snowden revealed a secret US government program that collected records on every phone call made in the country. Further disclosures followed, detailing mass surveillance by the UK as well. Journalists and policymakers soon began discussing large-scale programs in other countries. Over two years before the Snowden leaks began, Cate and Dempsey had started researching systematic collection. Leading an initiative sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands that telecommunications providers and other private-sector companies disclose information about their customers in bulk. Their initial research found disturbing indications of systematic access in countries around the world. These programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to data and how companies should respond to those demands within the framework of corporate responsibility. This volume concludes the nearly six-year project. It assembles 12 country reports, updated to reflect recent developments. One chapter presents both descriptive and normative frameworks for analyzing national surveillance laws. Others examine international law, human rights law, and oversight mechanisms. Still others explore the concept of accountability and the role of encryption in shaping the surveillance debate. In their conclusion, Cate and Dempsey offer recommendations for both government and industry

Securing the revolutionary state : the development of French counter-espionage, 1791-1794

The history of counter-espionage during the early years of the French Revolution has been curiously overlooked by scholars and non-fiction writers alike. Until now, no single study has appeared, or indeed been published, charting the course of its development during the period in discussion. This thesis aims to fill this lacuna, not by offering an episodic account of its activities but by examining the precepts, perceptions and procedures that determined its conduct as it relates to la sûreté de l’état. Its objective, in other words, is to demonstrate how the pursuit and punishment of spies is not a simple cloak and dagger tale of hidden plots and secret agents but a fundamental question of national security. As this thesis will explain, the role that counter-espionage played is actually of central importance to our understanding of how the revolutionaries defended and securitized their embryonic state at a crucial juncture in its existence. Without the existence of a single state organ responsible for overseeing its operations, or a clandestine agency that conducted secret missions on the ground, this thesis will show that the measures to neutralize threats of espionage were not taken in isolation but formed part of a broader process that is otherwise known as securitization. In other words, it will attempt to demonstrate that, for all the overblown discourse of foreign plots and political conspiracies, counter-espionage played a significant role in not just attempting to neutralize the enemy within but also, in military and counter-insurgency operations. With several state and government institutions involved in its operations, from paramilitary organizations such as the gendarmerie and national guard to militant structures such as the comités de surveillance, it should be possible to reveal how counter-espionage played an overarching role in thwarting all threats that compromised the security of the revolutionary state