205 research outputs found

    INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN INVESTMENT-STATE ARBITRATION: THE BLUE BANK CASE

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    Investment-State arbitration has emerged as an essential mechanism for the resolution of disputes between investors and states. It serves as a means to settle conflicts that may arise from investment agreements or treaties. Central to the integrity and fairness of this arbitration process is the principle of independence and impartiality of arbitrators. The credibility and legitimacy of investment arbitration heavily rely on the assurance that arbitrators possess these qualities, ensuring a level playing field for all parties involved.This paper will analyze the application of the standard for independence and impartiality through the landmark decision of the International Centre for Settlement of Investment Disputes (ICSID) – the Blue Bank Case.The paper delves into the factual background of the dispute, analyzing the arguments presented by both parties in support of their respective proposals for disqualification. It explores the legal framework governing challenges to arbitrators’ independence and impartiality, including relevant provisions of the ICSID Convention and the applicable arbitration rules.Furthermore, the paper critically evaluates the tribunal’s decision on the disqualification proposal, examining the reasoning and legal principles relied upon by the tribunal in reaching its conclusion. The impact of this decision on the broader field of investment arbitration is analyzed, highlighting the significance of maintaining a fair and unbiased tribunal composition in ensuring the legitimacy and integrity of the arbitration process. Finally, it sheds light on the challenges associated with ensuring a fair and unbiased arbitration process in investment disputes and highlights the significance of upholding the principles of independence and impartiality in international arbitration

    On dynamics of a rigid body moving on a horizontal plane by means of motion of an internal particle

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    We deal with mechanical system consisting of a body moving on a horizontal plane and a particle which moves within the body in a circle. We suppose that dry friction acts between the plane and the body and assume that the body moves without jumps on the plane. We study the dynamics of the above system in detail. In particular, we show that, depending on parameters values, motion of the body approaches to one of three periodic modes

    THE NEED OF STRENGTHENING THE PEDAGOGICAL COMPETENCES IN TEACHING FROM THE ENGLISH TEACHERS’ PERSPECTIVE

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    The traditional concept of the teaching staff continually is expanding and changing not only in the content but in the methodology and in the forms of learning as well because of the permanent change of the social conditions and the advancement of the science and technology. The teacher is a mediator of the knowledge and a key person who realizes the reforms and the teaching processes into practice and that is why the present and the future requires from the teacher qualified, expert and fundamental pedagogical knowledge .The competences and the skills as a changeable category mainly recognized and focused on the enrichment and the personal development of someone who learns, besides the initial education implies flexibility as well. Even more it implies improvement of the skills and the knowledge according to the given time frame periods and life conditions by the science and the technology development. During the teachers’ initial education there is a need of expanding their pedagogical skills and competences in order the pedagogical function to be fulfilled in a modern world using the foreign language in the teaching process as a tool for an entry to new resources and innovative techniques of studying.In the paper there is a presentation of a short comparison of the teachers’ competences in the English linguistic speaking areas and in Macedonia through comparing the educational programs of the higher faculty institutions and colleges.We will present their attitudes and opinions in terms of the level of the acquired competences in the initial education. The results are to be used in the professional improvement of the teaching competences of the English language and other subject teachers during their initial education. The research implemented with the teachers in the schools led to the conclusion that there is an immense need of expanding the teachers’ competences during their initial education

    THE ROLE AND SIGNIFICANCE OF BILL OF LOADING IN DETERMINING THE CARRIER'S LIABILITY

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    In the last decade of the 21st century, numerous and heterogeneous changes took place in the transport, forwarding and logistics sector. These changes were essentially a response to numerous and varies occurrences in the oil and energy industry, the world financial crisis, political conflicts and wars, as well as the emergence of the COVID-19 pandemic, which was perceived as a special challenge to this industry. From time perspective, nowadays, this sector has once again shown that adaptability is a strong point of this industry. Hence, its importance and role for the market of goods and services is more significant than ever before. Transportation per se is a challenge for explore from many aspects of the matter. From a legal point of view (which is our outstanding challenge), one of the most significant issues in the transport and logistics sector is the concept of “carrier liability”. From the position of an arbitrator and a judge, the most significant issue is the criteria, factors and evidentiary means for determining carrier’s liability. In this paper we will study the issue of the role and significance of transport documents in determining the carrier's liability, focusing both on the theoretical opinions and on the relevant practice, as a supplement to the theory and clearing up certain theoretical dilemmas that are still present. To achieve the goal, we will use the methods of analysis and synthesis, the method of description, the comparative method and the methods of induction and deduction. The latter in function of setting the summary, as a conclusion of the research.       &nbsp

    YOUTH, MIGRATION AND HIGHER EDUCATION

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    The basic demographic characteristics of one society are tightly related to the youth’s potential as the core for any future social development. The prospects in Balkan countries are jeopardized by low fertility and continued migration which intensified in the last decades. Migration in the past was generated by wars, political instability, and a lack of economic prospects. Today, a vast part of the region is integrated into the EU, and the rest is with clear aspirations to integrate in the near future. However, some open questions as dysfunctional political systems, corruption, not having a rule of law, and economic instability are some of the main reasons for future migration. A significant factor of migration is related to the possibility of continuation of education from high school to university level. This article is focused on the general motivation for migration in the Balkan countries, with a focus on Macedonian society. Two surveys are presented as an empirical basis for further analyses. The results reflect the general situation in the eastern and central regions of the Republic of N. Macedonia. Longitudinal aspects are included, comparing the data generated in 2014, 2018, 2022, and 2023. Additionally, the official statistics confirm the thesis and create a broader picture of the correlative relations between educational motivation and migration trends

    La réception du Syntagma de Matthieu Blastarès en Serbie

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    Le droit des Slaves a énormément emprunté au droit de Byzance. Dans leurs traductions, ce sont les Serbes qui ont montré le plus d’originalité, avec une claire volonté d’affirmer leur indépendance au sein de la civilisation byzantine. C’est ce dont témoigne la traduction en serbe du Syntagma de Blastarès : on en connaît une version extensive, conforme à l’original, et un abrégé, composé sur ordre du tsar Dušan, d’où est gommée toute référence à l’hégémonie ecclésiastique et politique de Constantinople.Slavic law has extensively drawn on the Byzantine one. Greek texts have been translated by Serbs in a most original way, in a clear intention to claim their independence in the frame of Byzantine civilization. Serbian translation of Blastares’ Syntagma provides a good evidence of this position: while an extensive version is true to the original, a summary, compounded by will of Tsar Dušan, obliterates each reference to ecclesiastical and political hegemony of Constantinople

    Signaling and interactivity in video tutorials for computer literacy education

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    Razvojem multimedija i masovnih otvorenih online tečajeva stvaraju se nova okruženja za izvođenje nastave. Video je jedan od medija koji se koristi u ovakvim okruženjima. To je medij koji omogućuje multi-senzorno okruženje za učenje i služi za prezentaciju informacija na atraktivan način, a s ciljem omogućavanja boljeg pamćenja informacija. Pasivni video ostavlja učenika kao pasivnog promatrača, dok ga interaktivni video angažira interakcijom zahvaljujući kojoj postaje aktivni sudionik. Ova disertacija usmjerena je na procjenu utjecaja interaktivnosti između učenika i obrazovnog sadržaja uz pomoć interaktivnog videa. Interaktivni video bi se trebao koristiti u nastavi s ciljem uključivanja i aktiviranja učenika tijekom gledanja videonaputaka kako bi se poboljšali motivacija i obrazovni uspjeh. Provedena je analiza načela multimedijskog dizajna za stvaranje kvalitetnih multimedijskih materijala na temelju kojih se postiže bolji obrazovni uspjeh. Posebna pozornost usmjerena je na važnost provođenja načela signalizacije u videonaputcima za računalno opismenjivanje.With the development of multimedia and Massive Open Online Courses, a new environment for teaching is created. Video is one of the media used in such an environment. It is a medium that allows the multi-sensory learning environment and is used to present information in an attractive way, with the aim of providing a better adoption of information. Passive video leaves students as passive observers, while an interactive video engages students with interaction, through which they become active participants. This thesis focuses on assessing the impact of interactivity between students and educational content using interactive video. Interactive video should be used in teaching with the aim of involving and activating students through video that should improve motivation and educational achievement. The analysis of principles of multimedia design for creating high-quality multimedia material for improved educational success is conducted. In particular, the attention is focused on the importance of implementing the principles of signaling in video tutorials for computer literacy

    Independence and Impartiality of Arbitrators in Investment-State Arbitration: The Blue Bank Case

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    Investment-State arbitration has emerged as an essential mechanism for the resolution of disputes between investors and states. It serves as a means to settle conflicts that may arise from investment agreements or treaties. Central to the integrity and fairness of this arbitration process is the principle of independence and impartiality of arbitrators. The credibility and legitimacy of investment arbitration heavily rely on the assurance that arbitrators possess these qualities, ensuring a level playing field for all parties involved. This paper will analyze the application of the standard for independence and impartiality through the landmark decision of the International Centre for Settlement of Investment Disputes (ICSID) – the Blue Bank Case. The paper delves into the factual background of the dispute, analyzing the arguments presented by both parties in support of their respective proposals for disqualification. It explores the legal framework governing challenges to arbitrators' independence and impartiality, including relevant provisions of the ICSID Convention and the applicable arbitration rules. Furthermore, the paper critically evaluates the tribunal's decision on the disqualification proposal, examining the reasoning and legal principles relied upon by the tribunal in reaching its conclusion. The impact of this decision on the broader field of investment arbitration is analyzed, highlighting the significance of maintaining a fair and unbiased tribunal composition in ensuring the legitimacy and integrity of the arbitration process. Finally, it sheds light on the challenges associated with ensuring a fair and unbiased arbitration process in investment disputes and highlights the significance of upholding the principles of independence and impartiality in international arbitration. Keywords: arbitrator, independence, impartiality, investment-state arbitration, legal standar
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