A Brief Study of The Saudi Arbitration Law 1983 Free Essay Example, 4000 words

The case was rejected by the Commercial Department due to the presence of an arbitral agreement. The claimant raised an appeal on the ground that the respondent did not initially request for arbitration in the first hearing. This appeal was rejected by the Examination Committee which approved the judgment of the Commercial Department pursuant to that the first hearing was an exchange of documents and information regarding the case and did not contain any defenses or requests by the respondent. It is useful to point out that the SAL 1983 and the succeeding Implementing Regulations did not provide for writing as a condition of validity of arbitration or confirmation. Although the provision of Article 5 of the SAL 1983 stated that the arbitration instrument shall be filed to the authority originally competent to hear the dispute, as well as signed by the parties or their representatives. 12 With consideration to these two issues, it seems that writing is not a condition of arbitration, 13 but a condition of enforcement. Therefore, the arbitration agreement can be confirmed with  various means  such as recognition and  testimonial  or presumption based on the general provisions of Sharia. We will write a custom essay sample on A Brief Study of The Saudi Arbitration Law 1983 or any topic specifically for you Only $17.96 $11.86/pageorder now The Principle of Separability is considered  of the most important guarantees of the effectiveness of arbitration clause. It means the independence of the arbitration clause contained within the contract from the rest of that contract. 14 Therefore the nullity and invalidity of the main contract do not influence the invalidity of the arbitration clause. 15 This principle had not been stipulated under SAL 1983 which raised controversy among legal scholars in the Kingdom about the possibility of the recognition of this principle in the case of the invalidity of the contract. 16 However, because of the lack of an explicit provision through the SAL 1983 or even its Implementing Regulations and according to the general provisions of the contracts in Sharia, the nullity of the main contract results in the nullity of all its conditions.  Unless there exists a provision of the independence of the arbitration clause within the underlying contract. Theref ore, the new Arbitration Law of Saudi Arabia 2012 (SAL 2012), 17 as we shall see later, has dealt with this deficiency and stipulated explicitly the Principle of Separability. 18 3. The Arbitral Tribunal Under SAL 1983, the arbitral process can be handled by one or more arbitrators as it is left to the freedom of the parties, but it is stipulated, in the case of more than one arbitrator, that the number of arbitrators should be odd. 19 Based on this law, three conditions should be met in the selected arbitrator. 20 Firstly is for the arbitrator to be experienced.

Gullivers Travels Essay - 1022 Words

At first Gulliver’s travels comes off as a fantasy/adventure, but in actuality it’s a satirical commentary on society in Johnathan Swift. It starts off with Gulliver talking about himself. Later he gets shipwrecked and ends up in Lilliput, where the people are 6 inches tall. At first they think Gulliver is an enemy, but then realize he is no threat. He is taken to the palace and housed in a cursed temple. Gulliver is amazed at how silly the government’s rules are, for example to gain entry to the court the candidates must petition to the emperor. After the emperor gets 5 or 6 petitions he sets up a competition in which the candidates must do the Dance on the Rope, whoever jumps the highest without falling gets the job. The Lilliputians†¦show more content†¦The Lilliputians are supposed to symbolize the Whigs, and Swift thinks of them as stupid and power-hungry. He demonstrates this when they search Gulliver for weapons. In Swift’s time the Whigs s earched the Tories for evidence of their connections with England. He also makes fun of the thinking at the time; the Lilliputians were discriminated against whether they wore either high heels or low heels, and the ones that tried to remain neutral worse one high heel and one low heel. At the end of the book Swift demonstrates his thought on humans, when all the humans were savage and stupid, while the animals were brilliant. I believe that Swift demonstrates all his points very well. The reader is transported to the story, yet unlike most books, Swift doesn’t tell the reader exactly what to think, he insinuates it but lets the reader come to his own conclusions. When I first started watching the moive I thought its only purpose was to talk about the political system in England. But after it want on I saw that there could be a deeper message first is about the Lilliputians the second about Gulliver visits the giants, the third about the flying island and last about Gullivers travels to the land of Houyhnhmland. first one Gulliver gets shipwrecked and ends up on the island Lilliput were some inhabitans of the island finds him and tiesShow MoreRelatedGulliver’s Travels: Exploring Gulliver’s Journey1886 Words   |  8 PagesThrough metaphors in Gulliver’s Travels, Jonathan Swift showed that the self-indulgence of humanity will lead to their ultimate failure unless they learn to become kinder and more selfless. Each island in Gulliver’s Travels shows a different trait standing alone causing it to be just as bad as being self-indulgent. This type of failure will cause separation and isolation, which could lead to mental instability. The book, Gulliver’s Travels by Jonathan Swift, starts off with a young surgeon who hasRead MoreSatire In Gullivers Travels1455 Words   |  6 Pagesgreatest satirists to ever live, Jonathan Swift used satire in his works to express his disgust in society and the British Monarchy during the 18th century. One of the greatest satires ever written by Swift was Gulliver’s Travels. In Gulliver’s Travels, satire is evident through Gulliver’s voyage to Lilliput, his dialogue with Lilliput’s emperor, and his time spent within the kingdom of Brobdingnag. First introduced in ancient Greece in 423 B.C., â€Å"satire is a literary technique in which behaviorsRead MoreGullivers Travels: Gullivers Identity Loss2237 Words   |  9 PagesSpencer Shelburne British Literature I Novel Paper 12/2/11 Gulliver’s Lost Identity J.R.R. Tolkien once said, Not all who wander are lost. It is to be assumed then that he was not talking about Capt. Lemuel Gulliver. Gullivers Travels by Jonathan Swift is a narrative of the identity crisis. Captain Gulliver is indeed lost, both literally and metaphorically. He sets out on a voyage seeking a way to fulfill his identity as the financial supporter of his family, but once he leaves the structuredRead MoreAbuse of power in Gullivers travels1707 Words   |  7 PagesJonathan Swift’s Gulliver’s Travels presents a narrator, Lemuel Gulliver, who recounts his various sea voyages to fantastical lands. During each voyage, Gulliver encounters different societies and customs to which Gulliver must adjust to. in order to be accepted into their society The entire novel serves as a commentary on how people everywhere have a tendency to abuse the power given to them. Gulliver’s first voyage is to Lilliput. 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According to the Great Chain of Being, a term developed by the Renaissance that describes a divinely hierarchical order in every existing thing in the universe, human beings are placed a tier higher than animals (http://academic.brooklyn.cuny.edu/english /melani/cs6/ren.html). However, by comparing humanRead MoreMaterialism in Gullivers Travels and Candide1508 Words   |  7 Pagessatirize a part of a culture. Often these writings are aimed at a specific group of people. In the case of Jonathan Swift in Gulliver’s Travels and Voltaire in Candide, their writing is aimed at European society and its preoccupation with materialism. Swift and Voltaire satirize the behaviors of the wealthy upper class by citing two different extremes. In Gulliver’s Travels the yahoos are not even human but they behave the same way towards colored stones that the Europeans do. 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He himself may not see it but the reader sees it and ones attitude towards Gulliver might change due to Gulliver’s changes. Throughout these two parts, we see Gulliver as an adventurous man that wants to see everything that has been created inRead MoreThe Use of Satire in Gullivers Travels903 Words   |  4 Pages many writers utilize satire to convey their innovative ideas to change certain aspects of society. From the many writers that used satire to condemn the actions of society, Jonathan Swifts, Gullivers travels, stands as one of the best satirical work in human history. Published in 1726, Gullivers travels is an adventure of Lemuel Gulliver whose voyage turns into a series of disasters to various strange islands where he lives with humans and animals of various sizes, behaviors, and philosophies

International Business and Enterprise Magnanimous Legal Discontent

Question: Discuss about International Business and Enterprise for Magnanimous Legal Discontent. Answer: Introduction The Oil platform case involving the Islamic republic of Iran and the United States is one that aroused a magnanimous legal discontent in various jurisdictions. This paper is poised to discuss the key facets of the arguments that were evinced by the Islamic Republic of Iran which was the claimant in this case. Facts In 1987 the United States Navy attacked Iranian oil platforms in the Persian Gulf with their guided- missile destroyers that caused an irreparable damage leading to the oil production being brought to an end indefinitely. The United States claimed that the attack was a precipitate of an attack ostensibly held to have been made by the Iranians on Kuwait. In 1988 the Americans made another grisly attack in Nassir and Salman oil platforms which up to date have not resumed operations. The United States antagonistically asserted that the attacks were motivated by the necessity to protect essential security interests and that they were acting in self-defence. Pursuant to the incongruous, outlandish, and unfortunate nature of the actions of the United States, the Islamic Republic of Iran launched a claim against the United States at the International Court of Justice (ICJ). Issue The issue that was in contention and up for determination by the court was whether the United States actions of attacking and destroying the oil platform in Iran violated of the 1955 Treaty of Amity, Economic Relations and Consular Rights. whether the United States offended the overarching principle of use of force underpinned by International law. Law The facts in issue above triggered the well settled principle of the use of force and proportionality of a states force in response to an attack in international law. The general position is that states are obligate to refrain from the use of force against the territories of other states in breach of their political independence (UN Chatter Article 2(4)) However, it bears noting that the use of force may be permitted in circumstances where the state is acting in self defense of another attack (UN Chatter Article 51). These principles have since gained the force of customary international law. (Nicaragua v The United States of America 1986) The other applicable law that was triggered and applied by the Islamic Republic Iran here is the application of the 1955 Treaty of Amity, Economic Relations and Consular Rights that the two states are a party to. The treaty states that there should be freedom of commerce between party states (Treaty of Amity Article X) It has also been stated that a State party may take necessary measures to ensure international peace and other measures that may be necessary to protect its essential security interest(Article XX (1d)). The treaty also acknowledges that the state parties should promote firm and endure sincere friendship (Treaty of Amity Article 1) Application a) Argument on Use of Force and Self-Defense It was the argument of the Islamic Republic of Iran that the use of force by the United States Navy was in contravention to Article 2(4) of the UN Chatter. They objected the argument that the United States was justified in invoking the right to self defense under international law. They argued that for the self defense to have been justified it must have been in response to an unlawful act rather than a lawful one. They contended that the United States had applied self defensive on measures that were lawful contrary to what was set in the Nicaragua case. In addition , the United states was required to seek the assistance of the Iran which is the victim in this case and if the response is not made then it could regarded as a violations of their rights and the self defense would have been justified. It was also argued that there was no real or imminent danger to the United States that ignited the necessity to respond by use of force in the pretext of a self defense. It was therefor Irans submission that there was no necessity to act using such force in those circumstances. They noted that the legality of the right to self defense was well entrenched in the celebrated case of Caroline (1837). It was submitted that the use force by the United States was not in proportion to the necessities of the particular circumstance of the alleged prior attack. Although the United States claimed that it was acting in self defense, it was argued that the degree and form of measures taken and the target that the self defense measures were applied to were out of proportion (Security Council Resolutions 7598 (1966)). The Islamic Republic of Iran further stated that it had no contention in regards to the fact that United States reported the measures taken to the Security Council as required by article 51 of the UN Chatter. It was brought to the attention of the court that, in fact, the measures taken by the United States could not be defined as a self defense but are regarded as an unlawful reprisal. It defined a measure of self defense as a one that aims to protect which was in contract to the reprisals that are aimed to punish and or wrong committed (Bowett 1972). It was also argued that the response was a premeditated plan of actions and it has been stated in the Corfu Channel case judgment that a premeditated and pre planned measure, where it is carried out as planned ceases to protective and cannot amount to a self defense measure (Corfu Channel Merits Judgment, 1949). It was submitted that the united states were not in a proper position to argue that the measures were necessary to protect its essential security interest as required in Article XX (1d). The actions of the United States were a prima facie breach of the treaty and the use of force went beyond the threshold set for a lawful self defense. The Republic of Iran went on to argue that United States could not invoke the provisions of Article XX (1d) to justify a breach of the obligation that has been bestowed upon them by Article 2(4) of the UN Chatter. b) Argument on generation of active commerce between Iran and the United States Article X of the Treaty of Amity obligates the parties that in their in any measures they undertake they should ensure that they generate an active commerce between them. The State of Iran sought the guidance of the Nicaragua case where it was held that the destruction of the mining ports in Nicaragua by the Unites States was in breach of the freedom of active commerce as was guaranteed by the 1956 treaty. It was thus the argument of Iran that the attack on the mining activities in the oil platforms was an obstacle and a hindrance to the free navigation of commerce activities. They further argued that the attacks on the petroleum installation was a barred the commercial exploitation of its natural resources. It was also noted that Iran had specific contracts it had entered into for the supply of petroleum and the contracts were them frustrated rendering it impossible for them to fulfill their commercial obligation to other states and therefore they could not enjoy the freedom of commerce provisions in the treaty. It was noted in their submissions that the oil production storage and transportation were all destroyed and therefore the fundamental economic and commercial activities entirely ceased to operate. c) Arguments for Breach of Article IV (1) Article IV (I) obligates the parties to the treaty to accord fair and equitable treatment to the nationals and companies of other member states and to their properties and any other enterprises. In doing the treaty obligates the states to refrain any unreasonable measures that will negatively impact on the property of other nationals. It was the argument of the Republic of Iran that the United States had entirely breached this provision through the attacks they made that caused damages that had devastating effects. It was submitted that where a state is acting outside its territories, it should be guided by the aforementioned provisions where it is about to exert state powers the property of the other state within its territory. The use of force by United States was also argued to be in breach of this provisions and the treaty declares such measures as unreasonable and discriminatory measures to all intents and purposes. The attacks offended the principle of fair and equitable treatment in the above provision. From the above arguments, Iran was sufficiently certain that the measure that was applied by the United States was whole an unlawful measure and even if it is a lawful measure where it is excessive and extreme it becomes in violation of Article IV (I). Iran submitted that the complete destruction of an economic activity that is beneficial and dependable to a state economy is the perfect definition of a conduct that is unfair, unjust and inequitable. d) Remedies sought By Islamic Republic of Iran It is a general principle in international law that the breach of an international law obligation involves the party that has caused the breach to adequately make reparations (Factory at Chorzow, Judgment 1927) The republic of Iran thus requested for a declaration be made that the united states violated the treaty of Amity. It was argued that the declaration of illegality perpetrated by the United States was necessary as remedy because of the gravity of the illegal measures that the United States had pursued. It was argued that this form of reparation was recognized by international law tribunal and courts alike. In the case of New Zealand against France (1990) the tribunal ordered reparation in the form of a declaration be made against France which was in breach of its international obligation. The Republic of Iran also made a request for an award of compensation from the United States. This is flows from the fact that the attacks and destructions that were made affected the economic interest of Iran. In the case of the Diplomatic and Consular Staff (1980) the court held that where it is found that a state is liable causing injury to another state it is prudent that an award of compensation be made against that state. It was argued by Iran that the compensation must be in monetary terms and it therefore claimed for compensation for the damages that were caused by the destruction of the oil platforms, the cost of replacements and the costs for reconstruction. The republic of Iran also made request for compensation for the loss of life of the personnel that was working at the oil platform and the injuries that others suffered. Judgment and conclusion The International court of justice took a controversial approach that aroused a magnanimous legal discontent in the legal fraternity. The court held that the United States was in breach of the threshold required for the use of force in self defense and was therefore in violation of international law. The court also held that the United States did not provide sufficient evidence to prove that Iran made an armed attack and therefore their response which was under the guise of a self defense was unwarranted and unnecessary. The requirement of necessity and proportionality in the use of force are principles that have been well affirmed and exemplified by the court in this case. The oil Platform case in general is an educative case that echoes principles of international law that are vital in the modern day with the emerging military activities in the Middle East and Afghanistan. References Bowett, D, W, 1972 "Reprisals Involving Recourse 10 Armed Force", American Journal of International Law, Vol. 66, Caroline Case (1837) 2 Moore Digest of International Law Corfu Channel, United Kingdom v Albania, Judgment, Merits, ICJ GL No 1, [1949] ICJ Rep 4 United States Diplomatic and Consular Staff in Tehran, Judgment, (1980) 1. C. J. Reports, Factory at Chorzw, Germany v Poland, Jurisdiction, Judgment, (1927) PCIJ Series A No 9, ICGJ 247 France-New Zealand Arbitration Tribunal, (1990) 82 I.L.R. 500 Oil Platforms (Islamic Republic of Iran v. United States of America), I.C.J. Reports (2003) Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) I.C.J. Reports (1984) Security Council Resolutions (1966) Treaty of Amity, Economic Relations and Consular Rights 1995 United Nation Chatter 1945

Let Me Say It Right Now. Everything You Thought Was The Limit Of Human

Let me say it right now. Everything you thought was the limit of human kind is wrong. The strongest weapon is not the nuclear bomb. The strongest material is not steel. Your brain is not the fastest computer on the earth. The sky is not the limit. Humanity has not reached it full potential. How can I make these statements? I am informed. There is a revolution coming, it may be bloody, but more than likely it will not be. There will be casualties, maybe not human ones. This is not a military revolution; this is a revolution in every aspect of life as we know it. It will make the Industrial revolution look like a stumbling block in our history. This revolution has already begun, and hopefully when you?re done with this paper you will be prepared for it. If you?re not then you can be surprised by it like everyone else. Nanotechnology has begun to emerge and it will forever change your life. The only question is how. Starting basically, nanotechnology is an anticipated manufacturing technology giving thorough, inexpensive control of the structure of matter. The term has sometimes been used to refer to any technique able to work at a submicron scale. Nanotechnology will enable the construction of giga-opperational computers smaller than a cubic micron; cell repair machines; personal manufacturing and recycling plants; and much more. Nanotechnology has many life-altering possibilities. It can be linked to many fields of study and, in fact, is being developed in present day laboratories by the combined efforts of many fields. Many of the fields have to do with the application of microscopic ideas and techniques, such as microbiology. The three biggest areas of nanotechnology application are that of medicine, manufacturing, and general lifestyle. To understand more about how this technology can effect these areas you need to first understand the basics behind the technology. The discovery of nanotechnology is actually quite new. The first small uses of were developed in the late 1980s and early 1990s. The first breakthrough experiment was when IBM (Yes the computer people) was able to draw a write the letters I, B, and M on a nickel crystal surface using individual Xenon atoms. The three letters were a combined 50 billionths of an inch wide. This simple, and seemingly pointless experiment, finally gave evidence that individual atoms could be manipulated by human hands. This spurred a great leap into the design of nanotechnology theory. Eric Drexler began the first comprehensive study of nanotechnology theory in 1986 when he wrote his book entitled ?Engines of Creation.? In his book Drexler outlined the basic principles behind current nanotechnology theory. Drexler states that life as we know it now shows us that nanotechnology is possible. The entire basis of nanotechnology is the creation of what Drexler calls an ?assembler.? An assembler is a nanoscopi cally small robot that manipulates individual atoms through contained chemical reactions to assemble the atoms into desired molecular patterns. Such an assembler could build a one hundred percent pure diamond literally out of thin air. Nature already has created it?s own assemblers. The assemblers of most organic life are called ribosomes. These tiny little cells, which are only a few cubic nanometers large, can build proteins out of the amino acids that they gather from there surroundings. These proteins are the basis for all life on Earth, because it is through these proteins that DNA is created. If nature can have its assemblers than naturally so can we. The application of nanotechnology in medicine is called nanomedicine (for obvious reasons). Looking through the basics of nanotechnology there are huge implications in medicine for Drexler's little assemblers. Taking a small army of assemblers, probably close to hundred thousand, and giving them access to the write proteins would allow the rapid creation of transplant organs for specific patients. No chance of the patient rejecting the organ or tissue would occur because the nanorobots could assemble the transplants to match the patients exact DNA coding. Perhaps the most simplistic nanorobot would be the artificial red blood cell which Drexler?s assemblers would have to build. Such a robot would be composed entirely of diamond and would act as only a simple pressure tank.