38,994 research outputs found

    A CNL for Contract-Oriented Diagrams

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    We present a first step towards a framework for defining and manipulating normative documents or contracts described as Contract-Oriented (C-O) Diagrams. These diagrams provide a visual representation for such texts, giving the possibility to express a signatory's obligations, permissions and prohibitions, with or without timing constraints, as well as the penalties resulting from the non-fulfilment of a contract. This work presents a CNL for verbalising C-O Diagrams, a web-based tool allowing editing in this CNL, and another for visualising and manipulating the diagrams interactively. We then show how these proof-of-concept tools can be used by applying them to a small example

    The Re-State-Ment of Non-State Law: The State, Choice of Law, and the Challenge From Global Legal Pluralism

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    Should choice of law norms ever designate non-state norms as applicable law? The question is not new of course, although it is seldom discussed systematically. Yet the question moves from the periphery to the center once we view conflict of laws through the lens of globalization. If, through the lens of globalization, states and non-state communities both create norms, this should pose a challenges to conflict of laws rules that traditionally only designates state norms as applicable law. Somewhat surprisingly, conflict of laws and global legal pluralism rarely meet, so far, in analyses This paper does not set out its own theory of conflict of laws for global legal pluralism. Instead, its goal is more modest: to attain conceptual clarity about the encounter of pluralism and conflict of laws that would make such a theory possible. To this end I ask four questions: First, what is global legal pluralism, and to what extent can the normative orders created by non-state communities be considered as law from a theoretical standpoint? (II)Second, how does state law, including conflict of laws, currently deal with non-state normative order? I will show that the rejection of non-state law by traditional conflict of laws doctrine must be understood in combination with the other methods the state uses to account for non-state normative orders which I call incorporation, deference, and delegation. The combination shows that the state does acknowledge non-state normative orders, but it does not acknowledge them as law. (III) This leads to the third question, namely why the state acknowledges the laws of foreign states as law while denying this status to non-state normative orders. The reason is that the state would otherwise undermine its own position: while treating foreign state law as law strengthens its position, treating non-state law as such would weaken it. (IV) Of course, such weakening of the state need not be a bad thing, and the fourth question therefore asks what a more inclusive approach to conflict of laws, recognizing non-state normative orders as law, would require and imply. This fourth question cannot be answered in full here, but I try to show that such a reconceptualization of the state would be more far-reaching, and potentially less attractive, than proponents of legal pluralism may wish for (V.). I conclude with a cautionary note: the relation between global legal pluralism and conflict of laws is more complex, and may necessitate more radical rethinking of traditional ideas, than one might thin

    Internet Governance: the State of Play

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    The Global Forum on Internet Governance held by the UNICT Task Force in New York on 25-26 March concluded that Internet governance issues were many and complex. The Secretary-General's Working Group on Internet Governance will have to map out and navigate this complex terrain as it makes recommendations to the World Summit on an Information Society in 2005. To assist in this process, the Forum recommended, in the words of the Deputy Secretary-General of the United Nations at the closing session, that a matrix be developed "of all issues of Internet governance addressed by multilateral institutions, including gaps and concerns, to assist the Secretary-General in moving forward the agenda on these issues." This paper takes up the Deputy Secretary-General's challenge. It is an analysis of the state of play in Internet governance in different forums, with a view to showing: (1) what issues are being addressed (2) by whom, (3) what are the types of consideration that these issues receive and (4) what issues are not adequately addressed

    The Fair Value of Minority Stock in Closely Held Corporations

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    In this Article, Professor Shishido examines the various methods—those used by the courts as well as those suggested by law and economics scholars—for determining the fair value of minority stock in closely held corporations. In Professor Shishido\u27s view, the courts\u27 method of weighing—the so-called Delaware block method—fails to arrive at the true value of the minority\u27s shares and often undervalues their worth. Professor Shishido also argues that law and economics scholars fail to differentiate between closely held corporations and publicly held corporations, thus failing to include the effect of corporate law on the fair value of closely held corporate stock

    Societal constitutionalism : alternatives to state-centred constitutional theory

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    Englische Fassung: Societal Constitutionalism: Alternatives to State-centred Constitutional theory? ("Storrs Lectures 2003/04" Yale Law School) In: Christian Joerges, Inge-Johanne Sand und Gunther Teubner (Hg.) Constitutionalism and Transnational Governance. Hart, Oxford 2004, 3-28. Und in: Ius et Lex 2004, S.31-50. Französische Fassung: Constitutionalisme sociétal et globalisation: Alternatives à la théorie constitutionelle centrée sur l'État. Themis 2005 (im Erscheinen) Italienische Fassung: Costituzionalismo societario: alternative alla teoria costituzionale stato-centrica. In: Gunther Teubner, Costituzionalismo societario. Armando, Roma 2005 (im Erscheinen). Spanische Fassung: Globalización y constitucionalismo social: alternativas a la teoría constitucionalista centrada en el Estado". In: Carlos Gómez-Jara Díez (Hg.), Teoría de sistemas y Derecho penal: Fundamentos y posibilidades de aplicación. Granada: Comares, 2005 (im Erscheinen) und in: Cancio Meliá und Bacigalupo Saggese (Hg.) Derecho penal y política transnacional. Barcelona: Atelier, 2005 (in Erscheinen)und in: Gunther Teubner, El Derecho como sistema autopoiético de la sociedad global, herausgegeben von Carlos Gómez-Jara Diez. Bogotá: Universidad Externado de Colombia, 2005 (im Erscheinen) und Lima: ARA Editores, 2005 (im Erscheinen) Polnische Fassung: Konstytucjonalizm spoleczny: Alternatywy dla teorii konstitucyjnej nakierowanej na panstwo. Ius et Lex 3, 2004, S.5-27

    Industrial Symbiotic Networks as Coordinated Games

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    We present an approach for implementing a specific form of collaborative industrial practices-called Industrial Symbiotic Networks (ISNs)-as MC-Net cooperative games and address the so called ISN implementation problem. This is, the characteristics of ISNs may lead to inapplicability of fair and stable benefit allocation methods even if the collaboration is a collectively desired one. Inspired by realistic ISN scenarios and the literature on normative multi-agent systems, we consider regulations and normative socioeconomic policies as two elements that in combination with ISN games resolve the situation and result in the concept of coordinated ISNs.Comment: 3 pages, Proc. of the 17th International Conference on Autonomous Agents and Multiagent Systems (AAMAS 2018
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