1,721,212 research outputs found
The BRICS Centres of Dispute Resolution: causes, state of the art, and prospects
Full text linkThe idea of an enhanced cooperation and exchange of knowledge and best practices among its member states in the fields of trade, commerce, and investments -among others- is at the heart of BRICS. In fact, intra-BRICS trade has nearly tripled over the last decade, supported by an increase in intra-regional trade for all member countries. Thanks to their influential and remarkable progress in promoting local currency (for de-dollarisation purposes), regional FDI, and regional trade, the BRICS economies have emerged and have taken a new space in the twenty-first century. This reinforced one of the core objectives pursued by BRICS which is that of enhancing the five developing economies’ role in global governance; a role that should finally display their newly acquired economic and financial weight.
To achieve such a new world economic order, it is critical to remove barriers not only to trade and investments but also to the resolution of commercial and investments disputes. A dedicated forum that considers the unique characteristics of the BRICS nations would ensure a faster, more effective, and efficient resolution of such disputes. This is no breaking news to the BRICS legal forum, which has been dealing with the project of establishing a BRICS dedicated dispute resolution centre since 2015. This short article investigates the very reasons that lie behind the choice of creating an alternative BRICS centre for dispute resolution, as well as the many challenges it will have to face and the necessary steps for the centre to make in order to work properly, serve its purpose and be successful, in a market already dominated by several and well-established arbitral institution
The Chinese Approach to Dispute Settlement under the BRI
No full textIn 2018 the Chinese Supreme People’s Court has established two International Commercial Courts (CICC), which will act as “One Stop” platform and will have jurisdiction over commercial disputes related to the Belt and Road Initiative (BRI). Since such jurisdiction is not compulsory for BRI contracting parties, this paper aims at investigating how the CICC will fit in the International Dispute Resolution arena by analyzing first what are the types of disputes that may arise within the BRI and what are the options already in place for the parties to choose; it will then describe the characteristics of such International Commercial Courts and the “One-Stop” working mechanism, tracing the potential issues that may prevent non-Chinese parties from selecting the CICC. Finally, the paper suggests some adjustments for the Courts to be perceived as truly “international” and draws some conclusions on the role that the CICC may play in the future
I Centri BRICS di Risoluzione delle Controversie: stato dell’arte e sfide future
Full text linkIl BRICS Legal Forum cura dal 2015 il progetto di instaurare un sistema di Centri BRICS di risoluzione delle controversie che tengano debitamente conto delle necessità delle parti litiganti appartenenti ai cinque paesi del gruppo. Il capitolo analizza le ragioni che hanno spinto accademici, esperti e professionisti del Legal Forum a creare dei centri dedicati esclusivamente a dispute intra BRICS e quali sono i prossimi step che i centri dovrebbero realizzare per servire il loro scopo, funzionare efficientemente e imporsi in uno scenario internazionale già abbondantemente dominato da svariate istituzioni arbitrali
La Natura come soggetto di diritto: l'approccio ecuadoriano
No full textAll legal systems by now must confront the issue of environmental protection. The scope of this paper is to analyse the Ecuadorian approach, considering that it is the only legal system which, so far, has constitutionalized the rights of Nature, thus allowing a change in the status of Nature, from object to subject of law, overcoming the traditional approach of Western environmental law. The paper also aims to show how the theme of the rights of Nature offers
a valuable opportunity for intercultural dialogue, and how the Ecuadorian experience represents, in this sense, a perfect mix between Western legal notions, such as damage, protection, or representation, and the ancestral knowledge of the indigenous peoples as the ones concerning Pachamama or the concept of Sumak Kawsay, thus linking the (unavoidable) anthropocentrism of law, with the biocentrism
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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