Saturday, July 02, 2005

BUCURESTI - ROMANIA

129 comments:

Agentia de Arbitraj si Mediare Contractuala said...
This comment has been removed by the author.
mutzu said...

Romania nu este in stare sa oblige cetatenii nici macar la respectarea legislatiei interne! Au armonizat legislatia, cica, traducind fara cap si fara coada niste texte. Despre logica...ce sa mai vorbim!Termenul 2015 mi se pare un termen rezonabil pentru integrare, cu conditia ca in perioada 2005- 2015 fiecare sa-si faca treaba profesional si cu buna credinta. Cit timp suntem priviti in afara ca un popor neserios, nedisciplinat si vom fi reprezentati de tot felul de "papagali" fara meserie...nici o perspectiva. Doar daca, in intelepciunea lor, tarile din UE ne vor incorpora fortat si ne vor obliga sa respectam regulile cu strictete, pedepsindu-ne drastic la fiecare greseala! Ca dresorii la circ...

Agentia de Arbitraj si Mediare Contractuala said...

Uniunea Europeana nu permite contracte publice fara licitatie decit foarte greu. La noi licitatiile se faceau mai dificil. Intr-un punct de vedere oficial, Comisia Europeana ne bate obrazul.
Uniunea Europeana confirma: contractele guvernamentale cu atribuire din sursa unica sint ilegale in Uniunea Europeana. Intrucit Romania nu este membru UE, nu este obligata sa aplice prevederile europene. Asta nu scuteste statul roman de orice responsabilitate. Raportul de tara de care depinde integrarea Romaniei va cuprinde aceste abateri la capitolul Concurenta. „Cotidianul“ a cerut o pozitie oficiala din partea Directoratul General Piata Interna si Servicii al Comisiei Europene: contractele publice cu achizitie dintr-o singura sursa fara licitatie contravin legilor concurentei din Europa?
Este legal faptul ca statul roman a semnat contracte exclusive cu anumite companii in domenii in care exista societati concurente cel putin la fel de performante.
In interiorul Uniunii Europene, regulile care guverneaza procedura de acordare a contractelor publice sint facute in baza legii achizitiilor publice, care prevede pentru anumite niveluri si principii ale Tratatului politici specifice.
Este impotriva regulilor liberei concurente sa excluzi, ca stat, anumite companii din sistemul achizitiilor publice?
In conformitate cu aceleasi principii si directive, toate autoritatile publice trebuie sa asigure un tratament nediscriminatoriu, egal, libera concurenta si transparenta tuturor contractelor publice.
Este impotriva legilor concurentei sa nu organizezi o licitatie publica in aceste conditii?
In anumite cazuri specifice, bine justificate, sint permise anumite exceptii de la regula. Cum ar fi in domeniul apararii, contractele declarate secrete sau care cer masuri de securitate specifice, acordate in baza unei acord international sau urmind procedura unei organizatii internationale. Utilizarea procedurii de negociere directa cu sau fara anunt public mai poate fi facuta doar in anumite circumstante specifice.
La final, va amintim ca - cu exceptia cazurilor din UE – pentru proiectele finantate unde se aplica regulile de achizitie publica, Romania nu este legal obligata sa le aplice legile de achizitie ale UE. La acest moment, nerespectarea acestor legi va fi interpretata doar in contextul politic al procesului de pre-aderare la Uniunea Europeana...."din presa"
www.Hotnews.ro

Agentia de Arbitraj si Mediare Contractuala said...

WIPO Overview of WIPO Panel Views on Selected UDRP Questions

Decision-making authority under the Uniform Domain Name Dispute Resolution Policy and Rules (UDRP) lies exclusively with the appointed panels. To assist awareness of their views on certain questions that commonly arise in proceedings under the UDRP, the WIPO Arbitration and Mediation Center has produced the following informal overview of panel positions on key procedural and substantial issues. Decision references supporting each line of opinion are included, with over 100 decisions from over 80 different UDRP panelists listed.

While some of the listed issues arise only infrequently, all of them are, or are perceived to be, relevant to the operation of the UDRP. On most of these issues, consensus or clear majority views have developed. Certain other questions continue to attract a diversity of views. The Center’s identification of questions and evaluation of opinions is based on the 7,000 UDRP cases it has administered through February 2005. Broad information on all views is available from the Center’s online Legal Index of WIPO UDRP Panel Decisions (http://arbiter.wipo.int/domains/search), as well as from the full posting of all decisions (http://arbiter.wipo.int/domains/decisions).

This overview is created in recognition of the need that has been expressed to identify, as much as possible, consensus among UDRP decisions, so as to maximize the consistency of the UDRP system. It should be understood that, with UDRP decisions covering a multitude of facts and arguments, genuine differences of opinion may be difficult to avoid on particular issues, all the more so where panelists and parties come from a multitude of jurisdictions. However, it is hoped that this update on the UDRP experience will be found helpful by identifying views expressed by panels and providing decisions which help to put those views in context.

While predictability remains a key element of dispute resolution systems, neither this informal overview nor prior panel decisions are binding on panelists, who will make their judgments in the particular circumstances of each individual proceeding. Also, it remains the responsibility of each case party to make its own independent assessment of decisions relevant to its case. In particular, parties should note that the present overview cannot serve as a substitution for each party’s obligation to argue and establish its case under the UDRP.

The idea of this overview was welcomed by the WIPO Domain Name Panelists Meeting convened in Geneva in October 2004. The contents have been informally reviewed by a number of the most experienced WIPO panelists, who have also supported the public dissemination of this overview. The Center, in consultation with its panelists, will make an effort to update this document with relevant future panel decisions.

The Center is profoundly grateful to all WIPO panelists for the internationally recognized contributions which they have made and continue to make to the functioning of the UDRP as a time and cost efficient mechanism for the resolution of Internet domain name disputes.

Agentia de Arbitraj si Mediare Contractuala said...
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Agentia de Arbitraj si Mediare Contractuala said...

WORKSHOP 2005

Purpose and Format of Workshop

Professionals from many different jurisdictions have, during the past years, participated in the WIPO Arbitration Workshop, which is designed for lawyers, patent and trademark attorneys and others wishing to familiarize themselves with the international arbitration process.

In 2005, WIPO will again offer an Arbitration Workshop. This Workshop will be held in Geneva on Tuesday, October 18 and Wednesday, October 19, 2005.

The purpose of this Workshop is to provide intensive basic training of a practical nature for party representatives in arbitration and for arbitrators. The training, which will be conducted by experienced international arbitrators, will focus on the main principles of international commercial arbitration law and practice, with particular reference to the practical application of the WIPO Arbitration and Expedited Arbitration Rules in intellectual property and technology disputes. The arbitration rules of other arbitration institutions will also be referred to for purposes of comparison.

The format of the Workshop will consist of presentations by the instructors, practical exercises supervised by the instructors and discussion between participants and instructors. Participants are expected to take an active part in the exercises and discussion sessions.

The Workshop materials include the arbitration rules of selected arbitration institutions, relevant laws and codes as well as case scenarios regarding the different stages of arbitral proceedings.

Instructors

Marc BLESSING, Bär & Karrer, Zurich, Switzerland
M. Scott DONAHEY, Tomlinson, Zisko, LLP, Palo Alto, United States of America
David PERKINS, Milbank Tweed Hadley & McCloy, LLP, London, United Kingdom
Lucy F. REED, Freshfields, Bruckhaus, Deringer, New York, United States of America
Albert Jan VAN DEN BERG, Hanotiau & Van den Berg, Brussels, Belgium
Venue, Timetable and Working Language

The Workshop will be held at the headquarters of WIPO, 34, chemin des Colombettes, Geneva, Switzerland. It will run from 9 a.m. to 6 p.m. each day. Participants should arrive before 8.45 a.m. on the first day of the Workshop, in order to complete their registration. The working language of the Workshop will be English. Proficiency in that language is necessary for participation.

Please note that during the same week, on October 20 and 21, 2005, the Center will be holding a WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Practices and Precedents.

Program

The Program will consist of eight sessions devoted to the following subjects:

Recent Developments in International Arbitration
Accepting Appointment
Preparatory Organization
Interim Relief
Exchange of Memorials and Documents
Hearings and Evidence: Managing the Process
Awards
Expedited Arbitration
Each session will consist of a presentation by an instructor, followed by corresponding exercises. The exercises are based on situations drawn from the context of intellectual property disputes and will be conducted in small groups, allowing for discussion between the participants and instructors.

Participation and Fee

The Workshop is open to all interested persons. Participation will be limited to 50 persons.

The registration fee is 1,400 Swiss francs, which covers participation in the Workshop, training materials, luncheons, morning and afternoon coffee and tea each day, and a cocktail reception at the end of the first day. The registration fee of 1,400 Swiss francs is to be settled as follows: a deposit of 500 Swiss francs on return of the registration form, and the balance of 900 Swiss francs before October 1, 2005. The deposit of 500 Swiss francs will be refunded only for cancellations received before October 1, 2005.

Continuing Legal Education (CLE)

If you wish to apply for CLE credit, please indicate so on the registration form.

Registration and Further Information

Those wishing to register are requested to either register online or to return the registration form to the following address, from which further information (including, upon request, references to past participants) may also be obtained:

WIPO Arbitration and Mediation Center
World Intellectual Property Organization (WIPO)
34, chemin des Colombettes
1211 Geneva 20
Switzerland

Tel: (+41-22) 338 8904
Fax: (+41-22) 338 8444
E-mail: arbiter.meetings@wipo.int

Agentia de Arbitraj si Mediare Contractuala said...

Omerta" din Justitie mosita de PSD merge ca unsa

De cand CSM este singura institutie care ii poate controla si sanctiona pe magistrati, in baza unei legislatii din 2004, acestia nu-si mai fac griji * In 2005, CSM a avut in lucru doar doua cazuri de abateri disciplinare, unul respins ca inadmisibil, altul amanat pentru toamna * Cu toate acestea, numarul plangerilor disciplinare inaintate de justitiabili la CSM in 2005 depaseste cifra de 2000, iar in tara sunt de cateva ori mai mari


Dan Lupascu, presedintele CSM
Consiliul Superior al Magistraturii, pe mainile caruia au fost date prin lege toate atributiile in ceea ce priveste cariera, pregatirea si sanctionarea disciplinara a magistratilor, se dovedeste a fi o institutie care i-a scapat pe membri sai de sub control. Daca Justitia nu da semne de indreptare, ci dimpotriva, inregistreaza o nemultumire populara care se reflecta intr-un procent de 80% al neincrederii cetateanului in actul de justitie, aceasta se datoreaza cu predilectie CSM-ului, care a oprit motoarele in directia sanctionarii disciplinare a magistratilor incompetenti sau de rea-credinta. Cei care compromit roba judecatoreasca ar fi trebuit sa fie prima preocupare a Consiliului tocmai pentru ca, dupa eliminarea recursurilor in anulare, recunoasterea abaterilor judecatoresti este singura cale prin care cetateanul mai poate revizui o hotarare stramba si impiedicat sa se adreseze Curtii Drepturilor Omului de la Strasbourg. In practica, insa, lucrurile stau pe dos. Actiunile disciplinare au scazut de cateva zeci de ori fata de ultimii ani (cand acestea erau atributul ministrului Justitiei), ajungand pana la rusinoasa cifra de doua actiuni, in prima jumatate a anului 2005. Din aceste doua actiuni, una s-a finalizat prin absolvirea de raspundere a magistratului in cauza, iar cealalta s-a amanat undeva prin toamna.


Sistemul colegiilor de conducere nu functioneaza


Foto: MEDIAFAX
Consecinta acestui fenomen - care demonstreaza ca in Justitie s-a instaurat un pact de tip "Omerta", in care magistratii se acopera unii pe altii gratie permisivelor legi de "reforma" ale Justitiei promulgate in septembrie 2004 de PSD - se transpune intr-o sfidare a justitiabililor care cad victime ale sistemului si care au ajuns sa se planga peste tot, fara sanse de izbanda. Ziarul ZIUA a avertizat inca de anul trecut asupra faptului ca sistemul judecarii abaterilor magistratilor de catre colegiile de conducere ale Curtilor de Apel (adica de colegii celui impotriva caruia s-a depus plangerea disciplinara) va impiedica tragerea la raspundere a celor care incalca legea. Aceasta, deoarece colegiile sunt compuse din sefi, care nu rezista tentatiei de a-si acoperi subalternii, pentru a-i "supune" propriilor interese, dar si stranselor prietenii existente in cadrul aceluiasi colectiv.

Astfel, in prezent, Consiliul Superior al Magistraturii nu poate face nimic impotriva unui magistrat, daca nu este sesizat cu o actiune disciplinara de catre colegiul de conducere al Curtii de apel sau Parchetului afiliat, din care magistratul face parte.


Romanii se inghesuie la CEDO
Conform unor informatii puse la dispozitie de CSM, in primele sase luni ale anului 2005, justitiabilii au formulat 1627 de plangeri disciplinare contra unor judecatori si procurori din intreaga tara, la care s-au adaugat peste 300 de reveniri. In tara, lucrurile stau si mai rau, in sensul ca la cele 16 Curti de apel s-au inregistrat alte cateva mii de plangeri. Din toate acestea, CSM ne-a informat prin adresa nr. 1640/DIJ/5 iulie 2005, ca a primit de la Curtile de apel si Parchetele de pe langa acestea, in cursul anului 2005, doar doua actiuni disciplinare, una venita de la Curtea de Apel Pitesti (pe care CSM a respins-o ca inadmisibila prin Hotararea nr. 8 din 31.05.2003) si o alta de la Curtea de Apel Ploiesti (cazul judecatorului Vasile Malaescu, de la Judecatoria Valenii de Munte, care si-a rupt propria minuta din dosar si a dat o noua sentinta, complet schimbata, caz amanat pentru luna septembrie).

Judecand dupa aceste rezultate, s-ar crede ca am atins o Justitie perfecta, in care procurorii nu gresesc niciodata, iar la judecatori abaterile ar fi minore. In realitate, in toata tara este un dezastru, iar numarul de romani care se plang in prezent la CEDO de la Strasbourg, pentru ca in tara nu mai au cai de atac dupa eliminarea recursurilor in anulare, a ajuns de ordinul miilor anual.


Rezultate zero pe 2005
Inspectia Generala a CSM (corpul propriu de inspectori) are atributii de cercetare a oricarui magistrat, insa in caz ca se constata savarsirea unor abateri disciplinare, CSM sesizeaza colegiul de conducere al instantei sau parchetului celui "parat", pentru a astepta ca acesta, daca binevoieste, sa-l sesizeze la randul lui cu actiunea disciplinara, pentru a putea sa-l judece, potrivit legii, pe magistrat. Acest lucru s-a intamplat in mai multe cazuri, dar numai unde presa sau ministrul Justitiei, Monica Macovei a cerut investigarea unor abateri. Astfel, in 2005, Inspectia CSM a intreprins investigatii in cazurile procurorilor de la Parchetul General, din dosarele "Tiriac jr." si "Dinu Patriciu", precum si a procurorilor PNA din cazul "Petre Ciobotea". In primul caz, s-a decis sesizarea Parchetului Inaltei Curti, pentru promovarea unei actiuni disciplinare, in speta fiind depistati cu "pacate" procurorul sef Gheorghe Muscalu, subalterna sa Carmen Gherghisan si alti procurori. In cazul "Dinu Patriciu" s-au depistat abateri ale procurorilor DIICOT, dar cazul s-a amanat, iar in privinta procurorilor PNA s-au dispus verificari suplimentare.

In concluzie, se poate spune ca pentru sanctionarea abaterilor comise in primele sase luni ale anului 2005, CSM nu a avut nici un rezultat, nu a dat nici o sanctiune, singurele dosare disciplinare vanturate pe la unele sedinte, fiind din cele mostenite de anul trecut sau preluate de la fosta Inspectie a Ministerului Justitie, unde in majoritatea cazurilor, magistratii in culpa si-au dat repede demisia ori s-au pensionat, pentru a scapa de sanctiune (vezi cazurile judecatorilor Florea Visan, Simona Lungu si Emil Ghergut).

Cu atare rezultate, Justitia romana e la un pas de a scapa total de sub control, prin inocularea ideii ca magistratii, orice ar face, nu raspund disciplinar.


Ministrii erau mai eficienti
Comparativ cu perioada cand ministrii Justitiei erau titularii actiunilor disciplinare si sesizau ei CSM-ul, se constata o scadere drastica a factorului coercitiv. "Campioana" la responsabilizarea magistratilor a fost, paradoxal, fosta ministra Rodica Stanoiu (care a promovat zeci de actiuni disciplinare si a dat aproape 100 de avize de cercetare penala), urmata la ceva distanta de inlocuitorul ei, Cristian Diaconescu. Datorita faptului ca prezenta ministrului in materia disciplinara a fost criticata ca un amestec al politicului in Justitie, competentele au fost pasate CSM-ului si colegiilor de conducere ale Curtilor de apel prin legile din septembrie 2004. Lasati sa-si faca singuri curatenie in propria ograda, factorii de decizie din Magistratura ne demonstreaza prin actiunile lor ca nu vor sa dea nimanui socoteala.


Erorile judecatoresti, topite ca prin fum
Pe latura penala, situatia e si mai dezastruoasa, in sensul ca de cand Sectia de Urmarire Penala si Criminalistica a Parchetului Inaltei Curti este pastorita de procurorul sef Gheorghe Draghici, care are competenta de a instrumenta plangerile penale contra magistratilor, aceasta sectie nu s-a remarcat cu nici o trimitere a vreunui magistrat in judecata in ultimii ani, desi plangerile au venit cu miile in ultimii ani.

Statisticile publicate de ZIUA in ultimile luni, arata ca din 1990 si pana in 2004 s-au inregistrat circa 400 de erori judiciare pe an la instantele de judecata si tot atatea la parchete. In cazul judecatorilor, erorile erau cuantificate prin numarul de recursuri in anulare admise de Inalta Curte, iar in cazul procurorilor prin numarul de achitari ai celor trimisi in judecata ori arestati (pana in octombrie 2003 cand procurorii puteau emite mandatele de arestare). Insasi bilantul activitatii judecatoresti pe 2004 arata un procent de casari de peste 50%. Au disparut din senin aceste erori?

Sunt de notorietate, mai ales la procurori, cazurile in care inculpatii trimisi in judecata au fost achitati de instante, dar s-a vazut vreun procuror sa raspunda pentru aceasta? Dar judecatorii din cazuri precum "Tundrea", care a stat ani grei nevinovat in puscarie, cazuri intalnite tot mai frecvent in ultimii ani? Iata situatii fata de care CSM ar trebui sa-si reconsidere activitatea si sa mute centrul de greutate al activitatii sale, de la promovari in functie (pentru care exista o mobilizare fara precedent), la responsabilizarea magistratilor care au transformat actul de justitie intr-o "loterie" la care castiga cine trebuie.
articol de Razvan SAVALIUC

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Agentia de Arbitraj si Mediare Contractuala said...
This comment has been removed by a blog administrator.
Anonymous said...

Society today relies heavily upon media when making political decisions. People look to numerous forms of media for information, some types that reach the masses and other small sources viewed only by a few followers. For example, the New York Times is seen by huge groups of people daily. Online blogs, such as Red State and Liberal Oasis are less publicized, yet have acquired a large following. All of these media sources have different methods of presentation, and they also greatly contribute to the democratic processes in the United States.
When comparing the New York Times to the blogs Red State and Liberal Oasis, many similarities and differences in the types of stories and amount of coverage exist. From October 12 through October 16, most articles in all three sources were focused on the nomination of Harriet Meirs as a Supreme Court Justice and Bush's troubles with homeland affairs. The blogs, however, had a substantially larger number of articles on these subjects, especially regarding Harriet Meirs. The New York Times covered the same issues, but obviously multiple articles on the same subject cannot be printed. Both of the blogs focused greatly on Meirs, but because Liberal Oasis is more liberal and Red State more conservative, their views on the Supreme Court nominee differed.
News is presented differently among the three news sources, especially in regards to professionalism. To attain larger audiences, the New York Times presents its stories in a less offensive and unbiased way. Liberal Oasis and Red State are less restricted and composed of people's opinions. Throughout the past few days, the main focus of political news was Harriet Meirs' nomination as a Supreme Court Judge. The New York Times presents this story in a much different light than Liberal Oasis and Red State. The New York Times printed an article containing numerous quotes from political leaders praising Meirs but gave no opinion on the ideal outcome of her nomination. The blogs are of a completely different nature. Red State was full of comments trying to justify or flat out disagreeing with Bush's nomination of Meirs. Liberal Oasis presented a very controversial debate about Meirs' religious preferences. Both blogs were full of opinionated comments about Meirs' qualifications and her chances at being the next Supreme Court Justice. Also, the mass media usually gets their information straight from political figures or press releases; however, the bloggers usually base their information off of the mass media's news stories. Because of all the passing of information the media sources practice, the credibility of them should definitely be questioned. It is basically impossible for any media source to be completely unbiased; however mainstream media sources are definitely more objective than blogs. This is not a bad thing though. Blogs are meant to be a way to express subjective views, and it is important to the country's democracy that a balance exists between these two types of media.
The media, in all forms, obviously plays a huge role in the United States' democracy. Because democracy is based on the people, it is absolutely imperative that they be informed about political policies and events. The media is responsible for relaying information that determines the leaders and ideas of the nation. At times, both blogs and mass media sources could fulfill any of the four roles of media coverage. The New York Times, for the most part, is a signaler and a common-carrier in most news coverage. They can also take on the watchdog role in some situations. The blogs usually play the watchdog and public-representative roles. There are not distinct divisions among the types of roles a media source can play. Depending on the story, the news source may cover it in a different way. The New York Times effectively plays the signaler role because of its ability to attain the best information as quickly as possible. Red State and Liberal Oasis effectively play the public-representative role in that their main focuses are to represent the different views of the public. Media, in its many different forms, continuously aids and shapes America's views and democratic ideas. It is controversial yet necessary to the nation's existence.

Agentia de Arbitraj si Mediare Contractuala said...

World's Largest Financial Market
Forex, or Foreign Exchange, is the simultaneous exchange of one country's currency for that of another. Speculators in the FX market wish to purchase or sell one currency for another with the hope of making a profit when the value of the currencies changes in favor of the investor, whether from market news or events that take place in the world. The Forex market has become the world's largest financial market, with over $1.9 trillion USD being traded on a daily basis. It is part of the bank-to-bank currency market known as the Interbank market. The 24-hour Interbank market literally follows the sun around the world, moving from major banking centers of the United States to Australia, New Zealand to the Far East, to Europe then back to the United States.

Market Hours
The spot FX market is unique to any other market in the world, as trading is available 24-hours a day. Somewhere around the world, a financial center is open for business, and banks and other institutions exchange currencies, every hour of the day and night with generally only minor gaps on the weekend. Essentially foreign exchange markets follow the sun around the world, giving traders the flexibility of determining their trading day.

Mircea Halaciuga, Esq. said...

World's Largest Financial Market
Forex, or Foreign Exchange, is the simultaneous exchange of one country's currency for that of another. Speculators in the FX market wish to purchase or sell one currency for another with the hope of making a profit when the value of the currencies changes in favor of the investor, whether from market news or events that take place in the world. The Forex market has become the world's largest financial market, with over $1.9 trillion USD being traded on a daily basis. It is part of the bank-to-bank currency market known as the Interbank market. The 24-hour Interbank market literally follows the sun around the world, moving from major banking centers of the United States to Australia, New Zealand to the Far East, to Europe then back to the United States.

Market Hours
The spot FX market is unique to any other market in the world, as trading is available 24-hours a day. Somewhere around the world, a financial center is open for business, and banks and other institutions exchange currencies, every hour of the day and night with generally only minor gaps on the weekend. Essentially foreign exchange markets follow the sun around the world, giving traders the flexibility of determining their trading day.

Anonymous said...

Applications Now Being Accepted For 2006-07 Senate Fellows Program



SACRAMENTO - Sen. Bob Dutton (R-Rancho Cucamonga) today announced the availability of applications for the 2006-07 California Senate Fellows program.

The program provides college graduates an opportunity to become full-time Senate staff members at the state Capitol in Sacramento for 11 months beginning in October 2006. Fellows are assigned to the personal or committee staff of a Senator and also participate in academic seminars with Senators, senior staff, journalists, lobbyists, and state government officials. The fellowship program is jointly operated by the California Senate and the Center for California Studies at California State University, Sacramento (CSUS).

Fellows are paid a stipend of $1,972 per month plus health, vision, and dental benefits. They earn 12 units of graduate credit from CSUS for the academic portion of the program.

“Being a Fellow provides an excellent opportunity to gain first-hand knowledge of the legislative process,” Senator Dutton said. “Whether your career goals are in the public or private sector, the Senate Fellows program provides valuable training.” Former Senate Fellows include current members of Congress and the California Legislature, judges, and numerous other elected officials and community leaders.

Senator Dutton said Fellows experience the broad range of activities conducted in busy Senate offices. Responsibilities include researching public policy issues, helping develop legislative proposals, analyzing and staffing legislation, assisting with constituent inquires and casework, participating in meetings as the Senator’s representative, writing press releases and speeches, and performing other delegated tasks. A five-week orientation at the beginning of the program provides background on state government, the legislative process, and major policy issues.

Anyone who will be at least 20 years of age and a graduate of a four-year college or university by Sept. 1, 2006, is eligible to apply. There is no preferred major. Individuals with advanced degrees and those in mid-career are encouraged to apply.

Applications may be requested from Senator Dutton’s office at 8577 Haven Ave., Suite 210 in Rancho Cucamonga or by calling the program office at (916) 651-4160. Applications and brochures are also available on the Senate’s Web Site and the program Web site.

The deadline for submitting applications is Feb. 22, 2006. Eighteen Fellows will be selected in May after an initial screen of applications and a subsequent panel interview of finalists.




Contact Senator Dutton: Email • Website

Anonymous said...

U.S. ...And Them

To truly comprehend the nature of the disparity between the American world view and that of the rest of the world, it must first be established that America is an empire. Self-righteousness is hardly a novel concept in the American psyche. Driven by such unscrupulous principles as “Manifest Destiny” and the “White Man’s Burden”, the United States wantonly clawed its way to global supremacy in the 19th and early 20th centuries. The expansion of the Union from the Atlantic to Pacific Oceans gave it its enormous wealth of capital and subsequent economic power while its ambition to reach across the pacific bared its ugly imperial lust. Renowned political writer Gore Vidal found that even Theodore Roosevelt, glorified patriarch of American history said in a fit of colonial fervor “No triumph of peace can equal the armed triumph of war” (Vidal 16). With its decimation of the Native American civilization from “sea to shining sea”, its acquisition of several pacific island territories (Theodore Roosevelt- “We must take Hawaii in the interests of the white race!” (Vidal 16)), and near-colonization of Cuba and the Philippines, America has been ruthless in its pursuit of power (Hertsgaard 83). The ideal of a democratic American republic died over a hundred years ago when it was smothered by imperial hubris. To this day the American government continues to rape and pillage all around the world while the American people are blinded to anything that occurs beyond their borders by the media. American “news” sources, in the interest of profit and the status quo, keep the nation apathetic, complacent, and ignorant towards its government’s foreign policy.
Since those days of “Manifest Destiny” America has wallowed in its economic supremacy. With its abundant resources and inexhaustible labor force it was able to amass a wealth previously unseen in the modern world. After World War II American production had nearly tripled and its industrial strength surged. The only threat to the hegemony of the United States was the Soviet Union. To quell the “Red Menace” the American government, in collusion with several defense contractors, built up the monolith now known as the Military-Industrial complex: the government and corporations were now officially wed. After outlasting the Soviet Union’s economy, which was crumbling from the start, America was the sole superpower. As journalist and author of The Eagle’s Shadow Mark Hertsgaard states, Opportunistic neo-conservatives such as then Secretary of Defense Dick Cheney and other “…senior officials in the first Bush administration drafted a grand strategy for the new era [:]…the goal of American foreign policy would be to prevent any other nation or alliance from becoming a superpower…” (Hertsgaard 72). That new strategy now composes most of what is now known as the Bush Doctrine that blatantly states it will stop at nothing to maintain its hegemony at home and abroad.
In addition to the power it possessed before the Cold War ended the United States, as author of American Television in Europe Marnie Carroll put, controlled “wealthy transnational corporations, …power within international regulatory organizations, and its [a] military might give [that gave] it a great deal of power in structuring and controlling economic and other interactions all over the globe” (Carroll 289). Now not only did America have an omnipotent military presence with garrisons on every continent, its Fortune 500 corporations dominated the world market. The transition from fledgling republic to ubiquitous empire was complete.
Anti-Americanism had already been flourishing under the oppression of the government’s endless sanctions, bombing campaigns, and alliances with totalitarian tyrants throughout the 1970’s and 80’s. But when the all-pervasive specter of American globalization and guerilla marketing techniques began to infiltrate every facet of other cultures, resentment came to a head. Wasn’t it enough that the American government had given Saddam Hussein the capability for biological warfare to use against Iran, which he used in the Kurdish genocide? Or that it aided the Mujahideen, the predecessors to the Afghan Taliban of which Osama Bin Laden was a member, against the Soviet invasion? Or that “Virtually every one of Washington’s allies in the Middle East is an absolute monarchy where democracy and human rights are foreign concepts and women in particular are second-class citizens” (Hertsgaard 78)? But now, after decades of hypocrisy and lies about Freedom and Democracy, America was hocking its sweatshop goods and trying to extrude into obedient consumers the very peoples it had been indiscriminately killing? That’s how the American media packaged it, and the American people bought it.
The citizens of the empire assumed the rest of the world would buy it as well. The message espoused by the media conglomerates is that the world is comprised of U.S., and them: those “…foreigners who envy us for our vast choice of detergents, our freedom to repeat as loudly as we want the national prayers, our alabaster cities to which, we tell ourselves, they can’t wait to emigrate.” (Vidal 40). But when the “foreigners” (the other 6 billion people on the earth) are immune American propaganda, Americans simply assume that they are ignorant, unable to see and appreciate the archetype of benevolence that is the United States, and are probably in need of some good old-fashioned regime change. Not only do Americans naively accept the information they get from corporate news outlets as absolute objective truth, they are mostly unaware of other cultural perspectives. After all, “Only an American would blink to hear the United States is the most bellicose major power in the world…” (Hertsgaard 70).
America’s perspective of the world is distorted by jingoism because the majority of its population gets its news from television and network news which “…may not be news at all but only a series of flashing fictions intended, like the avowed commercials, to keep docile huddled masses, keep avid for products addled consumers.” (Vidal 41). Network news channels are concerned firstly with profit, then the political agendas of their owners; it is not in their interest to stir the waters of domestic tranquility. The networks’ allegiances do not lie with truth or the well being of the people, they belong to what President John Quincy Adams’ grandson Henry Adams cynically referred to as the “…system [in which] the only question is the price at which the proletariat are bought and sold, the bread and circuses” (Vidal 19). Televised news is a sensationalistic circus, but it still determines how much the national consciousness is bought and sold for. Or perhaps it should be called the national unconsciousness: “Studies show that the human brain is more active when asleep than when absorbing television broadcasts: thus we exercise far less critical judgment toward what we watch than what we read” (Hertsgaard 116). Since “half the [American] adult population never read a newspaper,” and gets the vast majority of its news from televised network news, it rarely gets a chance to exercise that critical judgment (Vidal 64). But even when Americans turn to print and other news outlets, they are still subject to the agendas of the multinational media conglomerates that have an oligopoly on the media.
A.J. Liebling once said, “Freedom of the press is guaranteed only to those who own one” (Hertsgaard 92). Those who own the media have their hands in the shadowy system of pockets, bribes, and lobbies known as the Military-Industrial complex. As Vidal illustrates, this corporate orgy exploits the ignorance it imposes on the nation and maintains it “…with taxpayers’ money, tithed, as it were, from the faithful and then given to “defense”, which in turn passes it on to those candidates who will defend the faith” (Vidal 45). Many of those defense companies have properties in the media. Can one expect NBC, a subsidiary of General Electric that has contracts with the Department of Defense, to air broadcasts that criticize the very government and military that are opening up new global markets for it to dominate? Of course not; and the media’s complicity with the government is painfully obvious to everyone but the citizens of the empire. Hertsgaard referred to “A study by Columbia University’s Project for Excellence in journalism…[that] found that ‘less than ten percent of the coverage evaluating administration policy offered significant dissent. Most contains no dissent at all” (Hertsgaard 107). Dissent is rare, yet the American media, which consists of ideologies ranging from “…conservative to reactionary to joyous neofascist”, is still accused of being liberal (Vidal 41). But even the leftmost American politicians and pundits would be considered moderate conservatives in other parts of the developed world. Plurality, and the public awareness of anything outside of the mainstream, died when its avenue of free expression was cut off by the corporate commodification of ideas.
Of what use is the first amendment, when freedom of speech has been auctioned off to the highest bidders? A free and open discourse among the people was established to be a safeguard of truth and justice. But now that discourse consists of network talking heads lobbing partisan shibboleth at one another. In a grand smokescreen the media obscures America’s vision of the real issues and deprives it of the truth necessary to hold elected officials accountable for their actions. But those media conglomerates that manipulate public opinion in the interest of defending the sanctity of the empire do a great injustice to the nation. The American people, isolated from the international community by the press’ chronic xenophobia, are unable to see the repercussions of their government’s megalomaniacal foreign policy, thus perpetuating it. In a political landscape that is rife with terrorism, it is in the interest of the people to look beyond the media’s propaganda so they can better understand the world they inhabit rather than rely on the jingoism that the American press is predisposed toward. As Carroll proposes, “We have to balance our view of hegemony and mono culture with a more detailed understanding of cross-cultural interaction” (Carroll 295). In a global community, Americans must understand that there is a world that exists beyond their borders.

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Anonymous said...

First of all, which are, from a general perspective, the different types of ADR ?
Mediation
Conciliation
You may in most of the situations have recourse to one or the other of these different types of ADR.
Conciliation and mediation are always optional.
Conflicts between consumer and business. Conflicts between businesses
Conflicts between employees and employers
Conflicts between landlords and tenants
Family conflicts
Conflicts between private individuals
Other specific situations (e.g. relations with public authorities, health services, solicitors, notaries, etc).






Disputes can be solved without going to court.
You are in dispute with a firm, a tradesman, your employer, even a member of your family, in your own country or abroad. If you cannot settle the dispute amicably, you can go to court of course, but you can also consider other dispute settlement procedures such as mediation or conciliation.
Sometimes the law or the courts will say you must go to alternative dispute resolution, but more often it is the parties to the dispute themselves who decide to do so. Alternative dispute resolution techniques can help you solve you problems by involving a neutral and qualified third party. Alternative Dispute Resolution comes in different forms, distinguished by the way in which the third party gets involved.
In certain cases, the third party helps the parties come to an agreement without actually formally expressing an opinion on one or other possible solutions to the dispute.
In the course of these processes, known as “conciliation” or “mediation” , the parties are invited to open or resume a dialogue and avoid confrontation; they themselves choose the technique for settling the dispute and play a particularly active role in endeavouring themselves to find the solution that suits them best. These methods provide an opportunity to go beyond the purely legal position and come to a personalised solution matching the real nature of the dispute. This consensus-based approach boosts the chances that once the parties have settled their dispute, they will be able to maintain normal business or personal relations.
In other cases, it is the third party who finds the solution and puts it to the parties.
In consumer disputes in particular, there are various forms of alternative dispute resolution in which the third party produces the solution.
Sometimes the third party makes a recommendation that the parties are then free to accept or not.
The “Consumer Complaint Boards” in the Scandinavian countries work in this way. A consumer who has taken a complaint to one of these boards can subsequently go to court if he is not satisfied with the proposed solution.
Sometimes the third party takes a decision that is binding on the tradesperson.
Sometimes this is the case of the “Ombudsmen” set up in certain businesses such as banking and insurance. Their decisions are binding on firms taking part in the scheme. If the consumer is not satisfied with the decision, he can take his case to court.
In yet other hypotheses, more closely resembling the conventional court procedure, the third party is called an “arbitrator” and takes a decision to settle the dispute
The decision, binding on both sides to the dispute, can be taken in accordance with rules of law (classical arbitration) or on an equitable basis (amicable arbitration). The arbitrator's award has the status of an enforceable decision, which means that the settled dispute basically cannot be taken to court. Arbitration is often regarded as not really being a form of alternative dispute resolution. There are instruments of Community and international law governing or encouraging alternative dispute resolution. For further information on “Community law” or “International law” send your questions to arbitraj@aol.com

GLOBAL RISK AND CRISIS MANAGEMENT said...

IN BRIEF:
-US sailor admits killing Japanese woman
www.isn.ethz.ch/news/sw/details.cfm?ID=14216
-Mecca hotel collapse death toll rises to 53
www.isn.ethz.ch/news/sw/details.cfm?ID=14215
-Afghan suicide bombing kills 10
www.isn.ethz.ch/news/sw/details.cfm?ID=14214
-Snowfall traps thousands in China
www.isn.ethz.ch/news/sw/details.cfm?ID=14211
-Britain jails drug cartel leaders
www.isn.ethz.ch/news/sw/details.cfm?ID=14212
-Bulgaria refuses to renegotiate Russia gas deal
www.isn.ethz.ch/news/sw/details.cfm?ID=14210
-Eleven million face starvation in Horn of Africa
www.isn.ethz.ch/news/sw/details.cfm?ID=14209
-UN raises security level in Darfur
www.isn.ethz.ch/news/sw/details.cfm?ID=14207
-DRC deadliest since WWII
www.isn.ethz.ch/news/sw/details.cfm?ID=14206
-Explosion hits bus in Kosovo
www.isn.ethz.ch/news/sw/details.cfm?ID=14203
-Dozen killed in Honduras prison riot
www.isn.ethz.ch/news/sw/details.cfm?ID=14202
-Italian hostages in Yemen freed
www.isn.ethz.ch/news/sw/details.cfm?ID=14201
-NATO donates US$120m in arms to Iraq
www.isn.ethz.ch/news/sw/details.cfm?ID=14200
-Third child dies of bird flu in Turkey
www.isn.ethz.ch/news/sw/details.cfm?ID=14199

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Pricopi Cosmin said...

...vorbim despre integrare europeana si armonizarea legislatiei nationalecu directivele uniunii europene..?!!! Mare fass.(scuzati-mi exprimarea) in romania nu se respecta principiile fundamentale pe care se bazeaza actul de justitie..., se pare k de prezumtia de nevinovatie nu a auzit nimeni!...retinere fara mandat si condamnare fara probe !! abia imi vine sa cred!1 Toate astea le afirm in cunostiintza de cauza fiindca i se intampla fratelui meu care, a fost condamnat la 6 ani inchisoare fara probe, singurul lucru de care se face vinovat fiind consumul de droguri de risc (in statele membre U.E consumul -in nici un caz inchisoare)consum recunoscut de altfel de fratele meu/ situatia financiara modesta a familiei mele , starea de sanatate deloc buna a parintilor mei (agravata mult in ultimii doi ani din cauza socului suferit in urma aflarii" vestilor" arestarii iar acum a sentintei)agraveaza situatia care pentru mine a devenit un cosmar iar pentru fratele meu un pas mai aproape de nebunie disperare cum vreti sa-i spuneti. Asta e actul de justitie din Romania :tineri teribilisti care in loc sa fie recuperati pentru societate sunt pierduti sau mai rau transformati in infractori , pentru ca sa nu uitam ca mediul din penitenciare este foarte prielnic pentru deprinderi de tot felul si reabilitarea la nivel social este foarte dificila cand ai cazierul patat. Acesta este actul de justitie in Romania!!..si impactul asupra societatii pe masura.......Se intampla in Timisoara Romania 30.04.2007....nu stiu daca are legatura cu ce se scrie pe acest forum dar in starea de disperare in care ma aflu si in sperantza oarba ca poate "un cineva" inafara de mine citeste si poate vorbeste mai departe sa se auda pana la ministerul, de acum vedeta al justitiei am scris. sper ca am reusit sa raman obiectiv-- Pricopi Cosmin student an 4 Stiinte Politice

ARBITRAJ COMERCIAL INTERNATIONAL - Agentia de Arbitraj si Mediere Contractuala - confidential srl. said...

For a limited time, we are offering a 20% discount off the list price of $150, for our publication Arbitration Clauses for International Contracts - 2nd Edition. Hurry, offer valid for pre paid orders until January 14, 2008.

Arbitration Clauses for International Contracts - 2nd Edition*
Paul D. Friedland
List Price: $150.00 370 pages. 1 Hardcover Volume. Appendices. Index. Table of Cases. CD-Rom. Published July 2007
ISBN-10: 1-933833-06-8 / ISBN-13: 978-1-933833-06-4

For further information and to order
http://www.jurispub.com/books/book.php?id=292&m=kk

To view the Table of Contents
http://www.jurispub.com/books/book.php?id=292&mode=toc

* Online Access at ArbitrationLaw Online: When you purchase or subscribe to this publication you will receive access to it via our online collection of publications.

About the Author:
Paul Friedland is a Partner at White & Case LLP and Co-Chair of the firm's International Arbitration Practice Group. He is a prominent international arbitration practitioner, with 20 years of experience as counsel in international arbitrations before the ICC, AAA and ICSID. Friedland also regularly advises clients on drafting dispute resolution clauses, and serves as an arbitrator. A frequent writer and speaker on international arbitration topics, Friedland is currently Chair of the AAA’s Arbitration Practice Committee. He is a member of the bars of New York and Paris, and has been an active trial lawyer in federal and state courts in New York. Friedland is a graduate of Yale and Columbia (J.D., Kent Scholar, Law Review).

About the Book:
This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a regular reference for both in-house counsel and outside practitioners.

This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text.

Chapter 1 discusses model and standard clauses for both institutional and non-administered (Ad-Hoc) arbitration.

Chapters 2 through 5 discuss the threshold issues faced by parties when they consider providing for a dispute resolution method in their international contract. First, should the contract provide for arbitration (by means of an arbitration clause) or litigation (by means of a consent to the jurisdiction of a designated forum)? Second, if arbitration is selected, should it be administered by an institution or non-administered (ad hoc)? Third, if institutional arbitration is selected, which institution? Fourth, how should the place of arbitration be chosen and what are the implications of the choice?

Chapter 6 is a "how-to" discussion of drafting arbitration clauses, and comprises the largest section of this book. It divides the elements of an arbitration clause among three categories: essential elements; recommended elements; and optional elements. For each element, Chapter 5 offers in the text examples of workable contract language, and an explanation of alternatives. For ease of reference, the Appendices set out these same recommended clauses.

Chapter 7 discusses the utility of providing for negotiation or mediation as a mandatory first step before resort to arbitration or litigation in international contracts, and suggests language that provides for such a first step without pitfalls.

Chapters 8 through 12 address special situations that may alter the considerations that lead to the selection or rejection of the clauses discussed in Chapter 6. Chapter 8 deals with joinder and intervention clauses for multi-party contracts. Chapter 9 discusses consolidation clauses for related contracts. Chapter 10 addresses expert determination clauses and dispute boards. Chapter 11 analyzes the special issues presented by arbitration clauses in contracts with sovereigns. Chapter 12 concentrates on Chinese arbitration law and contacts.

Chapter 13 addresses choice of law clauses, a subject distinct from dispute resolution per se but one that nevertheless should be addressed in any international contract.

New to the Second Editon:

(i) More decisive recommendations of clauses. The first edition included some clauses whose language the author considered workable, but which he did not in fact recommend. The new edition makes clear which clauses are recommended and why, and has eliminated entirely several clauses set out in the first edition.

(ii) Expert determination and dispute boards. This second edition adds a chapter on clauses providing for expert referral, a practice increasingly used in construction contracts and share purchase agreements.

(iii) China. This second edition introduces a chapter dealing with the special drafting considerations that arise when mainland China is either the place of arbitration or the place of possible enforcement of an arbitral award.

(iv) Sovereign contracts. This chapter is much revised. The author has expanded the discussion of ICSID arbitration clauses and added a section on the vexing issue of assignment of ICSID arbitration agreements. The author has excluded discussion of arbitration agreements involving NGOs.

(v) Increased reference to Latin America law and practice. During the years since the first edition of this book, Latin America has moved to the center of the international arbitration world. In this edition, references to U.S. and European laws have been retained (and updated), but they are no longer the sole references.

Praise For Arbitration Clauses For International Contracts
"Paul Friedland has written an excellent book which will be particularly useful for corporate counsel
negotiating international transactions. The book covers the full spectrum of information necessary for
deciding whether to use arbitration for disputes resolution, which arbitral forum to choose and factors
to think about in designating arbitrators. Perhaps most useful, Friedland provides comprehensive
advice on virtually all the elements which parties should consider using in disputes clauses.
Practitioners will undoubtedly double check the boilerplate arbitration clauses they have been using
after reading this book."
- Stephen E. Smith, Vice President and General Counsel, Lockheed Martin Space Systems
Company

"Arbitration clauses are all too frequently the Cinderella of contract negotiation. It is a considerable
challenge to produce a handbook of manageable size, useful to the commercial lawyer faced with
drafting such provisions and the specialist arbitration practitioner alike. That Paul Friedland has both
a thorough understanding of the issues with which he deals, and considerable practical experience of
how they might best be tackled, is evident from his ability to present the subject matter succinctly
and with commendable clarity. The specimen clauses set out in the comprehensive appendices
likewise inspire confidence, and rightly so. Mr. Friedland will not be alone in consigning to the
wastebin his randomly accumulated, and, thanks to this book, now superfluous, collection of
potential precedent materials."
- John Beechey, Partner, Clifford Chance, London

"Mr. Friedland has used his long experience as advocate and counselor to create an enormously
useful resource for the international practitioner. The book includes not only a comprehensive
discussion of the considerations that go into drafting arbitration clauses in international contracts, but
an orderly series of models that will make the drafter's task infinitely easier. Anyone practicing in
the field should have a copy readily at hand."
- Donald Donovan, Partner, Debevoise & Plimpton, New York

"This book, by an experienced international arbitration practitioner, offers suggested language for
almost every option that a drafter of an international arbitration clause may need. I know of no other
such comprehensive collection of workable language, presented in logical sequence so accessibly.
This book should be a regular reference and valuable resource for both in-house counsel and law
firm practitioners."
- late Michael Hoellering, former General Counsel of the American Arbitration Association (AAA)

Reviews of Arbitration Clauses For International Contracts

"This book intends to provide, in an accessible format, clauses that address all the significant issues
that contracting parties face when drafting dispute resolution provisions for international contracts.
This feat may seem overly ambitious but Friedland quite successfully achieves it by skillfully
mingling the trite and the complex, thus allowing a reader new to arbitration to become familiar with
arbitration agreement draftmanship, while providing useful information and food for thought for more
sophisticated readers. The author is especially to be commended for his comparative approach:
Friedland tackles the drafting of dispute resolution clauses not only from a U.S. angle but also
under the rules and laws of major arbitration institutions and important host countries such as
France, the U.K. and Switzerland.

The book is well structured, very readable and a valuable tool for anybody called to draft an
arbitration agreement to verify whether an arbitration clause is complete be it for the first time or
for the 100th. It is a welcome addition to any arbitration practitioner's library."
- Swiss Arbitration Association Bulletin

"This book is more than just a compendium of arbitration clauses as the title might imply.
By drawing upon Mr. Friedland's undoubted expertise the book provides in an explicit and
comprehensive manner an insight into the philosophy and culture of modern international arbitration
practice which establishes the rationale supporting the concepts incorporated in the exampled
arbitration clauses.

This book contains the fruits of the author's wealth of experience in drafting arbitration clauses and
practice in international law. The book collects in a single publication a resource tool that will be of
significant benefit to and the advancement of the institution of international arbitration.

Practitioners will find this text a valuable aid well meeting the requirements of busy lawyers in an
expanding international commercial and legal environment and is a welcome addition to the body of
international arbitration knowledge."
- Mealey's International Arbitration Report

"Arbitration Clauses for International Contracts is an extremely well-written, useful and user-friendly
resource, and should find its place on the bookshelves of international law practitioners and business
people alike."
- ICSID Review

Opt-0ut Notice: If you do not wish to receive any future discount notices please reply to the message with REMOVE in the subject line.

Thank you.

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