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Arbitral Tribunal, 2005.
A case summary of a case involving disputes over petroleum and natural gas.
1,350 words (approx. 5.4 pages), 1 source, $ 53.95
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Abstract
This is a case summary of a case before an Arbitral Tribunal arising from a dispute over rights to explore for, drill for and store petroleum and natural gas in economic quantities on a contract area. The dispute is between the Claimants and the Government of Qatar who are the Respondents. The paper includes a sample case write up with the information and this case write up is modelled as close to the actual case summary as possible.
From the Paper
"ARBITRAL TRIBUNAL WINTERSHALL, A.G., INTERNATIONAL OCEAN RESOURCES, INC., VESA OEL A.G., DEUTSE SCHACHTBAU-und TIEFBOHRGESELLSCHAFT MBH, GULFSTREAM RESOURCES CANADA LTD. V. THE GOVERNMENT OF QATAR Arbitrators: 1. J.R. Stevenson (President) 2. I. Brownlie 3. B. Cremades I: OVERVIEW * EPSA Ag reement entered into between Claimants (WINTERSHALL, A.G., INTERNATIONAL OCEAN RESOURCES, INC., VESA OEL A.G., DEUTSE SCHACHTBAU-und TIEFBOHRGESELLSCHAFT MBH, GULFSTREAM RESOURCES CANADA LTD.) and Respondents (The Government of Qatar) for Claimants to have the right to drill for and store commercially usable amounts of petroleum and natural gas in economic amounts in contracted area. * Claimants did not find crude oil for petroleum in suitable amount. * Due to boundary dispute.."
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Japanese War Times Tribunal, 2002.
A study of the Women?s International War Crimes Tribunal, convened in December 2000, to attempt to bring accountability to those who enslaved thousands of women through the Japanese Military?s Sexual Slavery scheme, during World War II.
5,110 words (approx. 20.4 pages), 18 sources, MLA, $ 128.95
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Abstract
This paper explores and discusses the impediments to the implementation of the 2000 Tokyo Tribunal. It investigates how the Women?s International War Crimes Tribunal came to be and what it hoped to accomplish. To gain a full appreciation of the background to the issue that gave rise to the December 2000 Tribunal, this paper reviews the Japanese Imperialist Army practice, justification and affects of the system of sexual slavery. Following the historical review, it looks at how the Japanese and other government?s attitudes towards the comfort women program has hampered justice for victims. Finally, an overview of the follow-up meeting in The Hague in 2001 highlights what the efforts of these survivors and others have accomplished.
Introduction
Statement of Problem
Comfort Women, a Background
Legal Issues
Impediments to Justice
Events Leading to the Tokyo Tribunal
December 2000 Tokyo Tribunal on Sexual Slavery
Conclusion
Bibliography
From the Paper
"The Women?s International War Crimes Tribunal did not happen overnight. Rather it was a product of years of effort by individuals and organizations in nine countries throughout Asia and the West. Until the early 1990?s the Japanese government refused to even acknowledge the fact of the enslavement of women into their comfort women scheme during the war. This hearing did not become a reality overnight. It took years of effort and scholarship for the Tribunal to become reality.
The International Military Tribunal for the Far East, known as the Tokyo war crimes trials, neglected to punish a single Japanese leader for the slavery, subsequent abuse, and destruction of women?s lives who were forced into becoming sexual slaves for the Japanese government. (Soh 2001) Documents kept at the National Archives in Washington, D.C. revealed U.S. military intelligence units had gathered important information on the comfort women program. (Soh) Some writers feel that the Tokyo tribunal?s absence of addressing this human rights violation reflects a pervasive racism of Western nations toward non-white people but also that fact that no American women were victimized. (Soh) (Llewellyn 2001) Rough estimates by scholars believe that the number of comfort women ranged between 50,000 and 200,000 and that most were believed to be Korean."
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International Criminal Tribunal for the Former Yugoslavia, 1997.
Background, composition, leadership, powers, problems, criticism, politics of tribunal established by U.N. in 1993 to prosecute war crimes.
3,375 words (approx. 13.5 pages), 11 sources, $ 119.95
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From the Paper
"On May 25, 1993, U.N. Security Council Resolution 827 established an international tribunal charged with prosecuting violations of international law arising from the armed conflicts in the former Yugoslavia. Not since the Nuremberg and Tokyo trials, following World War II has an international court tried individuals accused of crimes against humanity, war crimes, and genocide. The International Tribunal for the Former Yugoslavia (ICTFY), which was established at The Hague, Netherlands, is widely seen as an important step toward the deterrence of crimes, the establishment of the firm rule of international law, and the promotion of world peace. Yet, from its inception, the tribunal has generated controversy among supporters and detractors. Among those who believe that the tribunal idea is sound, the principal concerns are that such an institution be established on a sound.."
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International Business Arbitration, 2002.
Examines the effectiveness of international business arbitration, focusing on its early foundations and legal framework.
14,808 words (approx. 59.2 pages), 66 sources, APA, $ 249.95
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Abstract
Three overlapping systems of international arbitration have developed to resolve international business disputes: (1) maritime arbitration of disputes related to ocean shipping and transportation; (ii) arbitration of disputes arising out of international trade in goods and services; and (iii) arbitration of disputes arising out of private foreign direct investment (FDI) and other trans-national financial transactions. This paper examines the effectiveness of international arbitration as a means of resolving business disputes arising out of international trade in goods and services and investment. The paper summarizes the historical roots of commercial arbitration, and the fundamental steps taken in the postwar period to establish a solid national and international legal and institutional framework to permit it to operate effectively.
Paper Headings:
Introduction
Defining Characteristics and Appeal
What is Commercial Arbitration?
Appeal of Commercial Arbitration in an International Context
Pre-1945 Historical Evolution of Arbitration
Ancient Origins
Arbitration in Medieval Europe
Decline of the Effectiveness of Commercial Arbitration
Establishing An Effective Legal Framework
Hostility of Other Legal Systems to Commercial Arbitration
Summary
From the Paper
"Thousands of (but certainly not all) maritime and international commodity arbitrations are handled today in many of the world's great ports in a similar matter of fact and informal manner. Due to the scientific, mercantile, industrial and post-industrial revolutions which have occurred since the 16th century, the volume of world commerce has expanded and the means and methods of production, distribution and transportation have become much more complex. Global trade increased by an average per annum of 4.57 percent during the period 1870-1929, then (due to the Great Depression and World War II) by less than one per cent between 1929 and 1945. Since then, world trade in goods and services has mushroomed, increasing, according to the World Trade Organization, by an average of six and one half percent per annum between 1958 and 1993, from just $2.62 billion in 1986 to $6.3 billion in 1996."
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International Commercial Arbitration, 2002.
A look at the power, duties and limitations of international commercial arbitration.
3,528 words (approx. 14.1 pages), 6 sources, MLA, $ 99.95
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Abstract
International commercial arbitration has been helping the international trade and commerce by being mediator in the occurrence of disputes. This paper explains how knowing and learning of its powers, duties and jurisdiction is essential to parties concerned in arbitration in the event of resolving disagreements. This paper provides information on International Commercial Arbitration. It also examines the procedural aspects prevailing in the international arbitration, specific issues, as well as court proceedings. Part of which, being a judicial body, is the discussion of the basic and fundamental approach of laws of most governing arbitral institutions.
From the Paper
"In events when business parties from different countries have disputes concerning commercial problems, litigation process often leaves them in expensive and frustrating procedures of finding international courts to resolve their cases. Unfortunate sometimes, the judgment imposed by courts is impossible to enforce. As a solution to this difficulty, arbitration was organized to facilitate the resolution of commercial disputes.
The International Commercial Arbitration flourished with the development and expansion of international trade and commerce. International methods of resolving disputes continuously develop and being nourished by the experience gathered from the various arbitration cases. Its purpose and function is to act as an arbitrator between parties from different nations with commercial disputes."
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Military Tribunals and Terrorists, 2002.
Examines some of the ethical arguments surrounding the use of military tribunals to prosecute terrorists.
2,400 words (approx. 9.6 pages), 10 sources, $ 89.95
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Abstract
The Bush Administration strongly believes that the events of September 11th have created conditions under which a Military Order calling for military courts - essentially military tribunals - is justified. The predominate reason given is that the military tribunal will provide an atmosphere in which individuals who are terrorists or who are affiliated with terrorists can be brought to justice. This paper examines the nature of a military tribunal through ethical arguments
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Australian Administrative Tribunals, 2006.
This paper explores the powers of the Australian tribunals and the courts.
1,253 words (approx. 5.0 pages), 8 sources, MLA, $ 42.95
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Abstract
The paper discusses the Australian Constitution's three branches: the legislative, the executive and the judicial. The paper explores the ambiguity between the powers of these branches and reveals which arm has the power to overrule the decision of another. The paper examines the proposal to amalgamate the current available administrative system into one 'super tribunal', the Administrative Review Tribunal.
From the Paper
"The Administrative Appeals Tribunal (AAT) was established under the Administrative Appeals Tribunal Act 1975 (Cth). The AAT Act makes provisions for the administrative review of decision made in the exercise of powers that have been conferred by an Act of the Parliament of the Commonwealth."
"The AAT is an independent tribunal that has the power to review and decide administrative decisions made by the Commonwealth Government ministers and officials. Its system of review is based on merits; therefore the tribunal is not restricted to considerations which are relevant to judicial determinations. Based on the material before the Tribunal is able to decide if a decision made was the best possible decision in that particular case Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577."
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War Crime Tribunals, 2005.
A history of war crime tribunals, from Nuremberg to the present.
4,500 words (approx. 18.0 pages), 15 sources, $ 178.95
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Abstract
The following paper examines the development of war crime tribunals over time, from the Nuremberg trials to the present manifestations. The paper traces the continuity of the laws during the period in question and examines the relative strengths and weaknesses of the various tribunals that have emerged in the last six decades. The paper concludes by noting the future is fraught with difficulty - but also promise - for these tribunals.
From the Paper
"In the past century, humanity has borne witness to some of the most gruesome and disturbing acts of barbarity in recorded history. It is because of these acts, and because of the troubling prospect they may occur yet again, that civilized society has seen the need for the creation of war tribunals to both punish iniquitous leaders and to educate future generations on the evils of which men and women are capable. With this in mind, the following paper will examine the history of war crimes tribunals from the present with special emphasis being placed upon the law behind the tribunals, why these tribunals were established, the problems encountered in creating them, the advantages and disadvantages inherent in them and the future that appears to belong to them."
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Employment Tribunals System, 2006.
This paper discusses what is wrong with the current system of employment tribunals as a forum for resolving individual employment disputes.
2,481 words (approx. 9.9 pages), 18 sources, APA, $ 75.95
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Abstract
This essay provides a critical analysis of the contemporary operation of the employment tribunal system with particular emphasis on its key failings as a forum for resolving individual employment disputes. A number of recent legislative reforms, and the impact that they have had on resolving the faults of the system, are also discussed.
Outline:
Abstract
The Cost of Tribunals
Too Many Applicants
Increased Legal Regulation
Encouragement of Unmeritious Claims
Reforms to the system
Conclusion
From the Paper
"Employment Tribunals were originally established for the sole purpose of hearing appeals concerning 'industrial training levies' under the Industrial Training Act 1964 . Since then, their jurisdiction has been gradually, yet substantially, increased and enhanced through a variety of legislative measures , legal judgments and the adoption of various EU policies ; leading to a total jurisdiction which now covers over eighty types of complaint."
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War Crimes Tribunals in Bosnia, 2004.
This paper looks at the challenges facing the war crimes tribunals in Bosnia.
1,808 words (approx. 7.2 pages), 11 sources, MLA, $ 63.95
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Abstract
The challenges facing the war crimes tribunals in Bosnia are examined in this paper. The writer discusses these tribunals, established under the Dayton Accords, and presents their analysis as an example of the problems facing war crimes tribunals. The writer also examines the concept of ethnic cleansing.
From the Paper
"... the fragmentation of the former Yugoslav Federation led to an outbreak of civil warfare and ethnic violence in the Balkans particularly in Bosnia-Herzegovina. Concentration camps, mass murders, mass expulsions and other indicators of genocide became widespread and the term ethnic cleansing was added to the century's lexicon of horrors. The international ...
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Arbitration and Insurance Claims, 2006.
A survey of basic insurance terminology and a brief history of insurance arbitration.
4,587 words (approx. 18.3 pages), 8 sources, MLA, $ 119.95
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Abstract
This paper examines the issue of arbitration and insurance claims. It begins by explaining a series of basic insurance terminology and then presents a history of the practice of insurance arbitration. The writer then explains the process of arbitration and insurance claims and how the process has changed over the years.
From the Paper
"Almost thirty years ago, the Committee on Insurance Arbitration recognized the insurance industry's need for a Property Arbitration Forum. Today, its' successor committee is the largest system of its kind in the world. There was clearly a need to create a legal entity to administer the arbitration programs, and this concern led to the creation of a not-for-profit corporation that replaced the Committee on Insurance Arbitration. The Committee on Insurance Arbitration incorporated in 1981, under the corporate name of Insurance Arbitration Forums. Insurance Arbitration Forums remained the corporate name until 1986, when the Board of Directors eliminated the word "Insurance" from the name. This change reflected the expansion of Arbitration Forums' programs to include arbitration situations outside the insurance arena, although these additional mediation and arbitration services continued to fulfill the needs of the insurance industry. Because Arbitration Forums are intended to provide an objective and neutral administrative service, Arbitration Forums are considered to be respected and efficient providers of arbitration services. Arbitration is a means of settling controversies without resorting to litigation. Agreements to arbitrate are generally put into writing, and signatories are contractually obligated to arbitrate."
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U.S. Military Tribunals, 2008.
This paper explores the justice of military tribunals in post-9/11 America.
1,612 words (approx. 6.4 pages), 6 sources, MLA, $ 52.95
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Abstract
The paper argues that military tribunals are necessary and perfectly acceptable in post-9/11 America because there are constitutional and legislative precedents which allow for them. The paper asserts that as long as the President follows basic international laws vis-a-vis the treatment of prisoners who are detained and brought before American military tribunals, he is under no obligation to grant them the same constitutional rights and protections American citizens would enjoy in a civilian court-room.
From the Paper
"Of course, critics of the existing military tribunals are legion - not least of all because the tribunals have in place laws that seem diametrically opposed to the procedural (even substantive) laws that have under-girded Anglo-American law for centuries. When the Bush Administration first set forth its guidelines for military tribunals near the end of 2001, the public outcry was considerable for the simple reason that the new measures seemed remarkably free of any rules at all. For instance, the Bush policy precluded any review of tribunal decisions by an independent court; as well, the rules of evidence were such that any material submitted for the tribunal's consideration was admissible just so long as it had "probative value to a reasonable person" (Knowland, para.8). Going further, convictions and sentencing required only a two-thirds vote and not unanimity."
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Arbitration and Mediation, 2005.
A discussion about the differences between arbitration and mediation.
1,504 words (approx. 6.0 pages), 3 sources, MLA, $ 49.95
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Abstract
This paper explains that arbitration and mediation are often grouped together, without distinction, in discussions about alternative dispute resolution, yet they are clearly very different in procedure and process. It points out that both techniques have become a popular type of dispute resolution techniques for private individuals, such as those involved in divorce or property interest issues, with a desire to reach a compromise with reduced cost. Both processes are effective for different reasons and are performed in different but similar ways to one another. This paper discusses the differences between these two forms of negotiation and settlement.
From the Paper
"Though for all their differences mediation and arbitration are also similar in many ways. First and foremost they are both alternatives to often costly and lengthy litigation processes and are less likely to end in criminal charges, of intent or otherwise. This is especially important with regard to situations where contract law has entered a grey area and where the desire to retain resources for settlement rather than legal bills is important. With regard to arbitration, in a personal civil situation such as divorce the two parties can represent themselves and allow the arbiter to make decisions on their behalf. The same can be said of mediation, while mediation may seem to offer a more long term working relationship between two parties, such as when children or adjacent property rights are in question. "
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The Chicago Tribune, 2003.
An analysis of Chicago Tribune's on-line news website.
690 words (approx. 2.8 pages), 0 sources, MLA, $ 23.95
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Abstract
This paper analyzes the Chicago Tribune's on-line strategy. It discusses the company's efforts to determine what should make up on-line news content. The author explores the differences between the print version of stories in the newspaper and the online version.
From the Paper
"The Chicago Tribune is one of the nation's most respected newspapers and it has become a respected source of news on the Internet as well. The parent company, the Tribune Company had expanded into television, radio and newspaper ..."
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International Arbitration Process, 2002.
Examines the pros and cons of the international arbitration process.
650 words (approx. 2.6 pages), 4 sources, $ 26.95
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Abstract
This paper presents an overview of the advantages and disadvantages of the international arbitration process. This process is presented in an outline form.
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