Dissertations / Theses on the topic 'Laus awards'

This study is concerned with the recognition and enforcement of foreign arbitral awards under the relevant regimes in the GCC states, both local law and international conventions. The easy enforceability of arbitral awards is considered one of the main factors in the success of international commercial arbitration. Thus this thesis not only attempts a comprehensive analysis of the requirements of and procedures for recognition and enforcement of foreign awards in the GCC States, but also evaluates whether the GCC’s laws and practices comply with best international practice standards, especially as embodied in the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The thesis comprises of seven chapters. The first chapter examines the legal framework of the GCC States, and provides a brief history of the rules governing arbitration and the recognition and enforcement of foreign arbitral awards. Chapter two looks at general principles regarding recognition and enforcement of foreign arbitral awards. Chapter three covers jurisdictional elements in the recognition and enforcement of arbitral awards in the GCC States. Chapter four examines the procedural steps demanded by each state for the enforcement of an award, looking particularly at the impact of relevant international conventions on these issues. Chapter five deals with the evidence which must be tendered and the conditions that must be satisfied in order to obtain the recognition and enforcement of foreign arbitral awards in the GCC States. Chapter six examines the grounds on which a respondent may apply to dismiss an application for recognition and enforcement of a foreign arbitral award. Chapter seven then deals with the grounds on which a foreign arbitral award must be refused enforcement. The concluding chapter summarises the problems thrown up by the study, and suggests a common way forward for the legal systems of the states of the Arabian Gulf in dealing with these issues.

Arbitration is the preferred method of dispute resolution in international trade. Naturally, a set of rules is necessary to govern the conflict&rsquo<br>s resolution. For cultural, political, economical or other reasons the parties&rsquo<br>national laws may not serve the individual interests and needs of that particular contract well. If one wants to avoid the application of both parties&rsquo<br>national laws, one can choose that the contract be governed by an a-national legal standard, e.g. general principles of International Trade Law or the general usages of a particular trade. These internationally accepted principles of law governing contractual relations are called lex mercatoria (law merchant).<br /> <br /> Lex mercatoria already existed in the Middle Ages and can even be dated back to antiquity. Later it disappeared through the nationalization of International Trade Law and was rediscovered in the 1950s, when international traders were again creating their own law and disputes were increasingly resolved outside of the national jurisdictions and applying a-national law. Lex mercatoria is being applied more and more by arbitrators and is therefore becoming increasingly important for dispute resolution in International Trade. Numerous different concepts and theories of lex mercatoria have been developed. Its being an autonomous legal system is questioned by some authors and the doctrine in favour of it called unfounded. The critics also argue that the authority to apply lex mercatoria may be a recipe for amateurism and the substitution of the arbitrator&rsquo<br>s private preferences for the parties&rsquo<br>intentions, for itis easy to proclaim common principles on the basis of limited knowledge. The lex mercatoria is said only to exist because scholars talk about it. However, these and other allegations can be refuted by critically analyzing the arguments that are supposed to underline those assumptions. Applying lex mercatoria to solve international trade disputes has many advantages. By choosing lex mercatoria the parties avoid rules which are unfit for international contracts, e.g. peculiar formalities, brief cut-off periods and special difficulties created by domestic laws. In addition to that, neither of the parties has the advantage of having the dispute governed by his own law. Since one of the central rules is the principle of good faith and fair dealing, lex mercatoria neither leads to arbitrary results nor does it favour the rich. Is it possible for the arbitrators to apply lex mercatoria if no law has been chosen by the parties? The failure of the parties to indicate a choice could well mean that they did not wish to have their contract governed by any of their national laws. In some awards arbitrators applied lex mercatoria as they considered the community of international merchants to be autonomous and to exist beyond national legislation. However, it cannot be deduced from the absence of such a choice that the parties have impliedly chosen lex mercatoria to be the law governing the conflict. Lex mercatoria is applicable only as a subsidiary law in cases where no national law has been chosen and seems apt.

<p> A deficit orientation of English Language Leamer (ELL) Latino students permeates the climate at many schools across the state of California. School efforts to address the academic needs of ELL students emphasize disadvantages, and focus primarily on language remediation approaches. In turn, ELL students are submerged into a substandard curriculum that fails to capitalize on, and denies students access to, their cultural and linguistic strengths. In the Los Angeles schools, only 27% of EL students who began the ninth grade were eligible to graduate four years later. Latino ELL students are significantly academically challenged and struggle to meet high school graduation requirements; these students, by default, are not prepared for college. Reversing the desolate academic trajectories of Latino ELL students by validating and promoting their strengths as a foundation for learning was the impetus for this study. </p><p> This study documents student and staff perceptions of the implementation of the Los Angeles Unified School District (LAUSD) Seal ofBiliteracy Awards Program at one high school with a predominantly Latino student population. Guided by a conceptual framework utilizing the concepts of empowerment of minority students, community cultural wealth, funds of knowledge, and subtractive schooling, this qualitative case study examined the narratives of Latino ELL students and staff participants to gain an understanding oftheir perceptions about college access, the process of implementing the LAUSD Seal ofBiliteracy Awards program, and the purpose, value, and impact of the program on student achievement. The study included focus group interviews with 26 high school student participants, primarily female and mostly in the 12th grade, and individual interviews with six staff participants in various capacities with an educational experience ranging from five to 15 years. </p><p> The findings indicate that the LAUSD Seal ofBiliteracy Awards Program is active at the research site and is producing positive student social and academic impacts. School level impacts include an improved academic school climate and increased parent presence at school functions. In order to shift practice towards an "assets" schooling orientation, recommendations of this study call for a change in policy, converting a voluntary program into a mandatory program. Recommendations of this study urge educators to change current practices to ethically address the issue of evaluation of "transcripts" from foreign countries and to work with teachers to build capacity for additive schooling approaches. Furthermore, recommendations for practice suggest schools must provide all students equitable access to college information by establishing a college and career readiness pathways course that is also a graduation requirement. </p>

碩士<br>國立臺灣科技大學<br>資訊管理系<br>104<br>In the application of IoT, real-time monitoring on environmental change is an essential domain, including the air quality, public construction monitoring (e.g. bridges), and the mitigation of mud flow and instability sliding (e.g. mud-sliding pre-warning), all of which is extreme demands onto monitoring system. These systems are, nevertheless, set and dominated by official authorities or specific institutions, which means, the general public may not be able to obtain these information. In comparison, LASS is expecting to establish a set of environmental sensing system from the bottom; anyone can easily set up (the said system), share the secured information with others who want to know the environmental conditions in a certain area, and let them see the practical status on the map. LASS: Location Aware Sensing system is a platform of environmental quality-sensing network basic upon commonweal. It has good completeness, low threshold, and multiple supporting hardware; all developing organization is deriving from integration of the internet communities, and all programs are adopting the Open Source, with an open process, allowing makers able to customize various sensing capabilities, not only to have more communities and personnel joining in, but also to disclose the information of air quality onto the network. For the sensing information is using the Open Data for public access, more creative applications and analyses can surely be found or created. LASS is an open-resource and public-welfare project launched by an internet community pro named as “Ha Pa” who links communities and shares achievements through APPs of Facebook, Github, and Collaborative Writing. To date the joined communities have continuously grown, and the project structure unceasingly deepened and spread to connect with international associations. This study is to explore the maker who uses the public-welfare and open-resource project (launched by internet community) and the diverse device development boards (in the IoT era), to connect with PM2.5 sensing component (temperature and humidity/ humiture) and air-quality sensing device developed by himself, so as to make public on the network by a method of Open Source (i.e. Open Hardware and Open Software), and to use Facebook to link communities and jointly develop and share the information to make know to the public. The said maker is also launching the community force to install the air-quality sensing device all over the country, using IOT technology to upload the sensed information to Cloud Database, and linking the Cloud Big Data to analyze environmental air quality or gather statistics. The information is adopting the framework of Open Data, and through the approach of subscription, can be sharing the environmental data with community network or accessed by cellular phone. Through the network system such as the air-pollution monitoring system (public-welfare community), we expect to provide more information about air quality for environmental protecting units of the government, and enhance the populace’s precautious consciousness to value our air quality. We may use the self-made, simple, open-resource, and inexpensive devices to promote them into schools’ environmental education, so as to monitor campus air quality, or through the (self-made) Maker Campaign, to evolve a wave of the flipped education in relation to craftsmanship.

碩士<br>銘傳大學<br>資訊傳播工程學系碩士班<br>94<br>Global Positioning System (GPS) is a well-known Location-based Service (LBS). GPS satellites circle the earth twice a day in a very precise orbit and transmit signal information to earth. GPS receivers take this information and use triangulation to calculate the user''s location. Essentially, the GPS receiver calculates the time of the signal was transmitted by a satellite and the time who receives. The location of GPS is accurate about 5 meters to 40 meters. But it must keep line of sight (LOS) between receivers and satellites, it is ineffective indoors. As regards indoor environment based on Wireless LANs, P. Bahl and V. N. Padmanabhan proposed the RADAR (Radio Detection and Ranging) mechanism in 2000 IEEE INFOCOM, a radio-frequency (RF) based system for locating and tracking users inside buildings. RADAR operates by recording and processing signal strength information at multiple base stations to triangulate the user’s location. Triangulation is done using both empirical-determined and theoretical computed signal strength information. This thesis exhausts an indoor locating mechanism and implements a location-aware system based on WiFi environments. During the on-line phase we gather received signal strength indicator (RSSI) as the substitution from multiple Access Points (AP) with the prediction model to estimate the mobile user’s location. As the experimental results of our research which indicated that the mean of error distance within 4 meters. According to the proposed radio prediction model, we can reduce the number of training points during the off-line phase, and improve the computing load of mobile devices efficiently.

Wireless Mesh Networks (WMNs) are dynamically self-organized and self-configured, where the nodes in the network automatically establish an ad hoc network and maintain mesh connectivity. These properties make WMNs a key technology for next generation wireless networking. However, supporting Quality of Service (QoS) to enable multimedia services is still one of the major issues in next-generation WMNs. In distributed systems like WMNs, the Medium Access Control (MAC) layer is considered very important in the IEEE 802.11-based wireless networks, as it supports many crucial operational functions. Hence, QoS support in WMNs can be enhanced through the efficient cross-layer design of MAC protocols that utilizes advanced physical layer technologies viz Multiple-Input Multiple-Output (MIMO) with its multiple spatial channels that are capable of simultaneous receive or transmit streams. MIMO has become a very attractive technology in providing support for different QoS requirements. In this thesis we propose a novel QoS MIMO-aware MAC Protocol (QMMP). QMMP is a MAC protocol framework that exploits the MIMO system gains to boost QoS support. The proposed MAC framework includes the following components. The first component enables concurrent sharing of the increased MIMO bandwidth, i.e., instead of allocating all the spatial channels to one connection, connections can concurrently share the increase bandwidth via splitting the spatial channels. The second component reduces the medium access collisions problem. In distributed systems like WMNs, medium access collisions have a noticeably negative impact on resource (bandwidth) utilization as they leave the bandwidth unutilized for a long time. To address this problem, we propose a spatial channels sharing scheme during medium contention period. The third component boosts the bandwidth utilization during data transmission. We propose resource management schemes that adapt the physical data rate and the aggregation frame length according to the instantaneous channel quality. Then we propose a QoS-aware bandwidth provisioning mechanism that performs effective bandwidth distribution to further boost QoS support.<br>Thesis (Ph.D, Electrical & Computer Engineering) -- Queen's University, 2009-01-26 10:11:16.729

A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law.<br>Jurisprudence<br>LL.M

LL.M. (International Commercial Law)<br>This essay seeks to look at the role of express submission to jurisdictjon under the Brussels I Regulation,lthe Brussels I (recast) Regulation2 and the Hague Convention on Choice of Court Agreements.3 The express submission to jurisdiction under the three instruments mentioned in the previous sentence refers to the situation in which parties to an international commercial contract include in their contract a court of their choice to govern any disputes that may arise between them. This designated court may or may not be situated in a country that is a member of the three instruments mentioned above. The purpose of this thesis is to determine what will occur when the court chosen is from a country that is not a member of either of the three instruments mentioned. We will first look at express submission and the role it plays in determining which court has jurisdiction. This section on express submission will provide the definition of express submission in the context of a contract which incorporates a choice-of-forum agreement between the parties who are engaged in an international commercial transaction. The thesis will view the role of submission in a common-law and civil-law country in light of express submission by contract. Finally, a distinction will be made between an exclusive and non-exclusive jurisdiction clause. A brief discussion ofthe Brussels Convention4 (The Convention) will be provided in order to present the fact that the Convention only applies when a choice-of-forum agreement in a contract has assoned thejurisdiction to a court of a country which is a member of the Convention. The Convention would not apply when a choice-of-forum agreement in a contract has assigned jurisdiction to the court of a country which is not a member to the Convention. ln order to determine whether the position has changed since the enactment of the Brussels I Regulation (Regulation) with regard to choice-of-forum agreements that designate jurisdiction to the court of a country in a nonmember state of the Regulation, provisions relating to express submission clauses will be discussed. A further discussion will be provided to ascertain whether the enactment of the Council Regulation (EC) No 4412001 of 22 December 2000 on jurisdiction and the recognition and enforcement ofjudgments in civil and commercial matters.