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Miluše Hrnčiříková


The growth in the amount of international arbitrations, the value of the disputes and expenses invested into the arbitral proceedings have escalated the pressure to succeed in dispute. The arbitrators face to guerrilla tactics or threats of annulment of arbitral awards based on the violation of a right to a due process. Soft law regulating the arbitral procedure endowers the effectives of the arbitration, however, in the recent years the critical voices can be heart which warn against overregulation and its judicialization. On the following pages the impact of the soft rules prescribing the arbitral proceeding on the effectiveness of the international commercial arbitration is examined. Firstly the author deals with the right to a fair trial and the discretionary power of arbitrators in the framework of the notion of soft law and then the binding character of this soft law is determined. The aim of this article is to answer the question whether the regulation of the arbitral proceedings by soft law is still welcomed or if it represents a threat for the discretionary powers of the arbitrator and arbitration as such.

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Brian Christopher Jones and Austin Sarat

wider citizenry? There is certainly nothing wrong with justices aiming their opinions at a wide audience. After all, using non-technical or “plain language” is something that other judges have championed; Sonia Sotomayor has incorporated plain language tactics, and has noted that the technical language of the law may obscure the relevance of a decision. See , e . g ., Steven Schwinn, Opinion Analysis: Plain Language Rules the Day (and Keeps a Claim Alive) in Prisoner-Rights Suit , SCOTUSblog (June 6, 2016), http://www .

Open access

Bruce G. Peabody

that even an extreme violation of law would not diminish voters’ intimate ties to, and faith in, the candidate. Interestingly, in those instances where the President has pushed most aggressively against individual judges, independence norms, and regular judicial procedures, these personalization tactics have been especially prominent. Thus, President Trump (in)famously questioned the capacity of Federal District Court judge Gonzalo Curiel to hear a case involving Trump University fairly, on the grounds that the judge was compromised by his purported “Mexican

Open access

James E. Pfander

constitutionalism and avoiding inconvenient historical truths, Justice Scalia performed the inevitable judge’s task of fashioning new law out of old. By choosing to deny or obscure his tactics in the standing cases, Justice Scalia could continue to deploy originalist methodology as a sledgehammer in assailing the judge-made law with which he disagreed. II Standing Law Before Justice Scalia’s Arrival Our brief evaluation of the law of standing when Justice Scalia took the oath of office in 1986 Justice Scalia joined the Court in 1986, after having spent four years on United

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Ross J. Corbett

the Court’s pre- Watkins use of formalism to bring about the just result. II Contempt of Congress Under Vinson The House Un-American Activities Committee grew out of the anti-fascist Dies Committee, and quickly turned to focus on the tactics of the Communist Party. M ORTON J. H ORWITZ , T HE W ARREN C OURT AND THE P URSUIT OF J USTICE 54–55 (1998); W ALTER G OODMAN , T HE C OMMITTEE : T HE E XTRAORDINARY C AREER OF THE H OUSE C OMMITTEE ON U N -A MERICAN A CTIVITIES 24–58 (1968). Its counterpart in the Senate, the Subcommittee on Internal

Open access

Maria Panezi

for least-developed countries. During smaller scale negotiations smaller countries can refine their negotiating tactics. An interesting example is the case of Zambia and Mauritius as participants in the Common Market for Eastern and Southern Africa (COMESA) and the Southern African Development Community (SADC). The participation of the two countries in both Regional Trade Agreements has assisted them in preparations for negotiations in the WTO context by providing training, raising awareness, and overall giving a more familiar forum with countries facing similar

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Robert G. Natelson

the convention, and advised delegates on tactics, e.g ., 3 1972 Convention, supra note 1, at (remarks by Delegate Martin announcing the tactical advice to him by a reporter). Advocates, by reason of the convention and several years of preparation, already were organized, but the scattered distribution of Montana’s population rendered it difficult for opponents to marshal their forces within the available time. Associated Press, Delegates Set June 6 for Constitution Vote , Great Falls Tribune, Feb. 6, 1972, at 1. Numerous civic associations supported the “pro

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Mahmada Khaton Siddika and Umme Hani


Seize the Day by Saul Bellow delineates the imperialistic aggression of money creating a society of emotional sterility. Money like an imperialist controls everybody’s everything and all are forced to adore money in this novella. Here the father-son relationship is rounded with the financial successful father and the financially insolvent son as in the case of Dr. Adler and Wilhelm. Only his father cares of how much he earns. His marriage life with Margaret is controlled by money and rounded with his paying premiums of policies without giving emotional soothing. So he is always in search of safe harbour to build a deep human connection with every situation devoid of adoration of ‘Holy money!’ He goes to Hollywood to be an actor for the fulfillment of his wishes, but it remains unsuccessful. He chases his father to be treated as his kid, but his father cares him not as child. Moreover his identity change from Wilhelm Adler to Tommy Wilhelm is to adapt in capital imperialistic society to find a shelter by having free essential self which turns into a failure attempt. He relies on Tamkin for his success in financial war. Tamkin as a means of imperialism has taken the power of attorney over his last seven hundred dollars and captures this little by little placing the mosquito net over his head by visionary ideas and providing all emotional needs which he is eager to have. But his search of safe harbour is continuously torn by the blow of imperialistic tactics of money and is wounded by the moneymaking weapons. This paper aims at how he achieves a safe harbour in funeral of a stranger with ‘happy oblivion of tears’ by creating a wide vision with his compassion and by the recognition of his connection with common humanity out of capitalist imperialism.

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Ledja Kingji, Krenare Vokshi and Alba Robert Dumi

References Falbe, C.M & Yukl, G. Consequences for managers of using single influence tactics and combinations of tactics. Academy of Management Journal, 1992, 35(3), 638-652. Fiedler, F.E. a theory of leadership effectiveness. New York: McGraw-Hill, 1967. Gillespie, H.R. An investigation of current management/leadership styles of manufacturing executives in American industry. Dissertation Abstracts International, 1980, 41(7a), 3177. Harris, T.G. the post-capitalist executive: an interview with

Open access

Philippa S. Duncan

.03.003 Laud, R. and Johnson, M. (2013). Journey to the Top: Are there really gender differences in the selection and utilization of career tactics? Journal of Organizational Culture, Communications and Conflict 17 , pp.51-68, Laws of Belize. (2015). The Constitution of Belize. Lee, A. (2005). Unconscious bias theory in employment discrimination litigation. Harvard Civil Rights–Civil Liberties Law Review, 40, pp.481-503, http