Renegotiating International Project Agreements

The Essay examines the phenomenon of renegotiation of international project agreements, explores its nature and causes, and offers useful advice on how best to conduct the renegotiation process

Is There a Better Way? Alternative Methods of Treaty-Based, Investor-State Dispute Resolution

Two factors--the increase in international investment and the increase in international investment agreements--have together led to a growth in the number and severity of treaty-based disputes between host states and individual investors. An increasing number of such disputes are being settled through international arbitration. However, the large amounts of some resulting arbitration awards, the cost to host countries of the arbitral process, and the constraints imposed thereby on the ability of governments to regulate enterprises in their territories have raised questions as to whether means other than arbitration and litigation can be found to resolve treaty-based, investor-State disputes. In short, is there a better way than international arbitration to resolve at least some investor-State disputes? The purpose of this Article is to explore alternative methods for settling such conflicts

Looking at Judiciary Leadership from the Demand Side: Judges: “Invisible Leaders”?

While the literature on leadership is vast and continues to expand at a rapid rate and while educational programs and courses on leadership exist at academic institutions of all levels and quality, judges and the judiciary are hardly ever considered fit subjects of study by leadership scholars and teachers. For them, “leaders” worthy of the name are to be found in corporate executive suites, presidential palaces, military commands, and even professional football teams, but not in the courts. As a result, in virtually all well-known books on leadership, judges are invisible. Moreover, even within the body of legal literature, in-depth studies on judges as leaders are scant

Corporate Governance in the UNECE Region

This study examines corporate governance in the UNECE region (North America, Europe and the CIS). Governance issues have diverse implications not only for the firm's shareowners, managers and workers but for the operation of the overall economy. The differences in how this concept is interpreted on different sides of the Atlantic are discussed by outlining an Anglo-American shareholder and European stakeholder model. The American model is focused on the rights of shareholders in relation to managers while Europe's focus is on the rights of the community relative to the corporation itself. The regulatory and non-regulatory approaches to insuring proper governance are contrasted, as are the different possible objectives of the corporation. Recent reform efforts for both are discussed, as are the implications of these different models for the transition economies.corporate governance

Density functional theory of phase coexistence in weakly polydisperse fluids

The recently proposed universal relations between the moments of the polydispersity distributions of a phase-separated weakly polydisperse system are analyzed in detail using the numerical results obtained by solving a simple density functional theory of a polydisperse fluid. It is shown that universal properties are the exception rather than the rule.Comment: 10 pages, 2 figures, to appear in PR

Projected free energies for polydisperse phase equilibria

A `polydisperse' system has an infinite number of conserved densities. We give a rational procedure for projecting its infinite-dimensional free energy surface onto a subspace comprising a finite number of linear combinations of densities (`moments'), in which the phase behavior is then found as usual. If the excess free energy of the system depends only on the moments used, exact cloud, shadow and spinodal curves result; two- and multi-phase regions are approximate, but refinable indefinitely by adding extra moments. The approach is computationally robust and gives new geometrical insights into the thermodynamics of polydispersity.Comment: 4 pages, REVTeX, uses multicol.sty and epsf.sty, 1 postscript figure include

Variational Approach to Hard Sphere Segregation Under Gravity

It is demonstrated that the minimization of the free energy functional for hard spheres and hard disks yields the result that excited granular materials under gravity segregate not only in the widely known "Brazil nut" fashion, i.e. with the larger particles rising to the top, but also in reverse "Brazil nut" fashion. Specifically, the local density approximation is used to investigate the crossover between the two types of segregation occurring in the liquid state, and the results are found to agree qualitatively with previously published results of simulation and of a simple model based on condensation.Comment: 10 pages, 3 figure