Nationality is the legal status of belonging to a particular nation , defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture.
107-619: The Arbitration Commission of the Conference on Yugoslavia (commonly known as Badinter Arbitration Committee ) was an arbitration body set up by the Council of Ministers of the European Economic Community (EEC) on 27 August 1991 to provide the conference on Yugoslavia with legal advice. Robert Badinter was appointed to President of the five-member Commission consisting of presidents of Constitutional Courts in
214-811: A bright-line "nonarbitrability" doctrine, but in the 1980s the Supreme Court of the United States reversed and began to use the act to require arbitration if included in the contract for federal statutory claims. Although some legal scholars believe that it was originally intended to apply to federal courts only, courts now routinely require arbitration due to the FAA regardless of state statutes or public policy unconscionability determinations by state courts. In consumer law , standard form contracts often include mandatory predispute arbitration clauses which require consumer arbitration . Under these agreements
321-598: A handful of countries are not parties to the New York Convention . Some other relevant international instruments are: It is often easier to enforce arbitration awards in a foreign country than court judgments. Under the New York Convention 1958 , an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Only foreign arbitration awards are enforced pursuant to
428-429: A claim). The United States is a notable exception to this rule, as except for certain extreme cases, a prevailing party in a US legal proceeding does not become entitled to recoup its legal fees from the losing party. Like the courts, arbitral tribunals generally have the same power to award costs in relation to the determination of the dispute. In international arbitration as well as domestic arbitrations governed by
535-432: A common ethnic identity, language, culture, lineage, history, and so forth). Individuals may also be considered nationals of groups with autonomous status that have ceded some power to a larger sovereign state. Nationality is also employed as a term for national identity , with some cases of identity politics and nationalism conflating the legal nationality as well as ethnicity with a national identity. Nationality
642-492: A dispute arising out of a contract will necessarily be litigated. Arguably, either position is potentially unfair; if a person is made to sign a contract under duress , and the contract contains an arbitration clause highly favourable to the other party, the dispute may still referred to that arbitration tribunal. Conversely a court may be persuaded that the arbitration agreement itself is void having been signed under duress. However, most courts will be reluctant to interfere with
749-501: A factor contributing to the popularity of London as a seat of arbitration in international contract disputes. Consequently, the report recommends amending the International Arbitration Act 1994 to enable parties to opt for a right of appeal in their arbitration agreement, thus enabling the development of case law and providing greater certainty for parties who desire it while maintaining an absence of appeals as
856-682: A mechanism was desirable to avoid possible future conflicts. The Olney-Pauncefote Treaty of 1897 was a proposed treaty between the United States and Britain in 1897 that required arbitration of major disputes. The treaty was rejected by the U.S. Senate and never went into effect. American President William Howard Taft (1909–1913) was a major advocate of arbitration as a major reform of the Progressive Era . In 1911, Taft and his Secretary of State Philander C. Knox negotiated major treaties with Great Britain and with France providing that differences be arbitrated. Disputes had to be submitted to
963-542: A moratorium on the entry into force of the declarations of independence of Slovenia and Croatia for a period of three months, as well as the need to begin negotiations on the future structure of Yugoslavia. However, the agreement had no impact on the cessation of hostilities in Croatia. Between late 1991 and the middle of 1993, the Arbitration Commission handed down 15 opinions on legal issues arising from
1070-410: A national of a state, in the sense of being its citizen , without subjectively or emotionally feeling a part of that state, for example a migrant may identify with their ancestral and/or religious background rather than with the state of which they are citizens. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to
1177-522: A national of one state required rejecting the previous state. Dual nationality was considered a problem that caused a conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed. Statelessness
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#17327649292231284-408: A neutral third party). Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings. Companies often require arbitration with their customers, but prefer the advantages of courts in disputes with competitors. Prevalent advantages of arbitration over litigation involve: Some of the disadvantages include: By their nature,
1391-511: A person from other nations. Diplomatic and consular protection are dependent upon this relationship between the person and the state. A person's status as being the national of a country is used to resolve the conflict of laws . Within the broad limits imposed by a few treaties and international law, states may freely define who are and are not their nationals. However, since the Nottebohm case , other states are only required to respect
1498-461: A separate law on arbitration (as is the case in England, Republic of Korea and Jordan ). In addition to this, a number of national procedural laws may also contain provisions relating to arbitration. Presently, Singapore maintains two distinct frameworks under which contractual disputes can be arbitrated, which differ primarily in regard to the extent to which parties to the proceedings may resort to
1605-744: A similar distinction as well before 1983, where all nationals with a connection to the UK or one of the colonies were classified as Citizens of the United Kingdom and Colonies , but their rights were different depending on the connection under different laws, which was formalised into different classes of nationalities under the British Nationality Act 1981 . Nationality is sometimes used simply as an alternative word for ethnicity or national origin, just as some people assume that citizenship and nationality are identical. In some countries,
1712-411: A specific legal system. These include provision indicating: Agreements to refer disputes to arbitration are generally presumed to be separable from the rest of the contract. This means that an issue of validity pertaining to the contract as a whole will not automatically vitiate the validity of the agreement to arbitrate. For example, in disputes on a contract, a common defence is to plead the contract
1819-530: A waiver of the right to bring a class action claim . Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial arbitration. There are limited rights of review and appeal of arbitration awards. Arbitration is not the same as judicial proceedings (although in some jurisdictions, court proceedings are sometimes referred as arbitrations ), alternative dispute resolution, expert determination , or mediation (a form of settlement negotiation facilitated by
1926-474: Is void and thus any claim based upon it fails. It follows that if a party successfully claims that a contract is void, then each clause contained within the contract, including the arbitration clause, would be void. However, in most countries, the courts have accepted that: This protects the tribunal's ability to arbitrate beyond termination of the contract. Arguably, it is necessary to ensure that disputes are arbitrated rather than litigated—without such clause,
2033-498: Is a legal identification establishing the person as a subject, a national , of a sovereign state . It affords the state jurisdiction over the person and affords the person the protection of the state against other states. The rights and duties of nationals vary from state to state, and are often complemented by citizenship law, in some contexts to the point where citizenship is synonymous with nationality. However, nationality differs technically and legally from citizenship, which
2140-431: Is a different legal relationship between a person and a country. The noun "national" can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election . However, in most modern countries all nationals are citizens of the state, and full citizens are always nationals of
2247-424: Is awarded based on two well-known principles: jus sanguinis and jus soli . Jus sanguinis translated from Latin means "right of blood". According to this principle, nationality is awarded if the parent(s) of the person are nationals of that country. Jus soli is referred to as "birthright citizenship". It means, anyone born in the territory of the country is awarded nationality of that country. Statelessness
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#17327649292232354-421: Is clearly not exhaustive. It merely points out that an Arbitral Award includes both a final award and an interim award. Although arbitration awards are characteristically an award of damages against a party, in many jurisdictions tribunals have a range of remedies that can form a part of the award. These may include: Generally speaking, by their nature, arbitration proceedings tend not to be subject to appeal, in
2461-505: Is defined by the 1954 Statelessness Convention as "a person who is not considered a national by any State under operation of its law.” A person can become stateless because of administrative reasons. For example, "A person may be at risk of statelessness if she is born in a State that applies jus sanguinis while her parents were born in a State that applies jus soli , leaving the person ineligible for citizenship in both States due to conflicting laws." Moreover, there are countries in which if
2568-563: Is focused on the internal political life of the state and nationality is the dimension of state membership in international law . Article 15 of the Universal Declaration of Human Rights states that everyone has the right to nationality. As such nationality in international law can be called and understood as citizenship, or more generally as subject or belonging to a sovereign state , and not as ethnicity. This notwithstanding, around 10 million people are stateless . Today,
2675-566: Is increasing year on year. According to Michael Hay , a lawyer who specialised in North Korean law, North Korea has an advanced arbitration system even compared to developed countries, and foreign companies face an even playing field in dispute resolution. Arbitration cases could be concluded in as little as six months. According to Hay, North Korea maintains an advanced dispute resolution system in order to facilitate foreign investment. The United States and Great Britain were pioneers in
2782-539: Is not defined by political borders or passport ownership and includes nations that lack an independent state (such as the Arameans , Scots , Welsh , English , Andalusians , Basques , Catalans , Kurds , Kabyles , Baluchs , Pashtuns , Berbers , Bosniaks , Palestinians , Hmong , Inuit , Copts , Māori , Wakhis , Xhosas and Zulus , among others). National identity is person's subjective sense of belonging to one state or to one nation. A person may be
2889-528: Is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost , which were the terms used in those countries for ethnic groups and local affiliations within the member states of the federation . In the Soviet Union, more than 100 such groups were formally recognized. Membership in these groups was identified on Soviet internal passports , and recorded in censuses in both
2996-498: Is possible to provide that each party should bear their own costs in a conventional arbitration clause, but not in a submission agreement. In keeping with the informality of the arbitration process, the law is generally keen to uphold the validity of arbitration clauses even when they lack the normal formal language associated with legal contracts. Clauses which have been upheld include: The courts have also upheld clauses which specify resolution of disputes other than in accordance with
3103-449: Is the condition in which an individual has no formal or protective relationship with any state. There are various reasons why a person can become stateless. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. People in this situation may not legally be
3210-482: Is the right of each state to determine who its nationals are. Such determinations are part of nationality law . In some cases, determinations of nationality are also governed by public international law —for example, by treaties on statelessness or the European Convention on Nationality . The process of acquiring nationality is called naturalization . Each state determines in its nationality law
3317-399: Is the status that allows a nation to grant rights to the subject and to impose obligations upon the subject. In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state. In European law, nationality is the status or relationship that gives the nation the right to protect
Arbitration Commission of the Peace Conference on Yugoslavia - Misplaced Pages Continue
3424-524: The 1990 Slovenian independence referendum , an overwhelming majority of the inhabitants voted for the independence of the republic, similar results were seen in the 1991 Croatian independence referendum , and on June 25, 1991, both republics declared independence. In early March 1991, there were armed clashes in Pakrac between Croats and Serbs. Units of the Yugoslav People's Army were brought into
3531-601: The Basque Country as " nationalities " ( nacionalidades ). In 2013, the Supreme Court of Israel unanimously affirmed the position that "citizenship" (e.g. Israeli) is separate from le'om ( Hebrew : לאום ; "nationality" or "ethnic affiliation"; e.g. Jewish , Arab , Druze , Circassian ), and that the existence of a unique "Israeli" le'om has not been proven. Israel recognizes more than 130 le'umim in total. The older ethnicity meaning of "nationality"
3638-848: The European Community , anticipating an imminent armed conflict in Yugoslavia, offered its mediation assistance to the SFRY leadership. After the SFRY allied government agreed to the mediation of the European Community, the latter conducted a series of negotiations and consultations with the warring parties. On July 7, 1991, the Brioni Agreement was signed, ending the war in Slovenia, from whose territory all Yugoslav army units were withdrawn. The agreement provided for
3745-600: The ICC in Paris , or the American Arbitration Association in the United States. Normally the arbitration institution also will be the appointing authority. Arbitration institutions tend to have their own rules and procedures, and may be more formal. They also tend to be more expensive, and, for procedural reasons, slower. The duties of a tribunal will be determined by a combination of the provisions of
3852-581: The Republic of China nationality , but do not have an automatic entitlement to enter or reside in the Taiwan Area , and do not qualify for civic rights and duties there. Under the nationality laws of Mexico , Colombia , and some other Latin American countries, nationals do not become citizens until they turn the age of majority. List of nationalities which do not have full citizenship rights Even if
3959-640: The Serbian population in Croatia and Bosnia and Herzegovina , as one of the constituent peoples of Yugoslavia, have the right to self-determination ?" The commission concluded on 11 January 1992 "that the Serbian population in Bosnia and Herzegovina and Croatia is entitled to all the rights concerned to minorities and ethnic groups .... Republics must afford the members of those minorities and ethnic groups all
4066-482: The cognate word for nationality in local language may be understood as a synonym of ethnicity or as an identifier of cultural and family-based self-determination , rather than on relations with a state or current government. For example, some Kurds say that they have Kurdish nationality, even though there is no Kurdish sovereign state at this time in history. In the context of former Soviet Union and former Socialist Federal Republic of Yugoslavia , "nationality"
4173-491: The human rights and fundamental freedoms recognized in international law , including, where appropriate, the right to choose their nationality ". The opinion also extended the principle of uti possidetis to the former Yugoslavia for the first time. On 20 November 1991 Lord Carrington asked: "Can the internal boundaries between Croatia and Serbia and between Bosnia and Herzegovina and Serbia be regarded as frontiers in terms of public international law ?" Applying
4280-440: The right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because a passport is a travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that granted them passports. Conceptually citizenship and nationality are different dimensions of state membership. Citizenship
4387-466: The 19th and 20th centuries, it was typical for only a certain percentage of people who belonged to the state to be considered as full citizens. In the past, a number of people were excluded from citizenship on the basis of sex, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality. United States nationality law defines some persons born in some of
Arbitration Commission of the Peace Conference on Yugoslavia - Misplaced Pages Continue
4494-703: The Badinter Commission's interpretation of the SFRY Constitution. Apart from principles of international law, the Badinter Commission sought to justify the relevance of the Badinter Borders Principle by reference to article 5 of the 1974 Constitution of the Yugoslavia. The Commission said that the Badinter Borders Principle applies all the more readily to the Republics since the second and fourth paragraphs of Article 5 of
4601-461: The Constitution of the SFRY stipulated that the Republics' territories and boundaries could not be altered without their consent. Article 5 stipulates: (1) The territory of the SFRY is indivisible and consists of the territories of its socialist republics. (2) A republic's territory cannot be altered without the consent of that republic, and the territory of an autonomous province — without
4708-535: The EEC. The Arbitration Commission has handed down fifteen opinions on "major legal questions" raised by the conflict between several republics of the Socialist Federal Republic of Yugoslavia (SFRY). In 1990-1991, contradictions between Serbia and other republics within the federal Yugoslavia ( Slovenia and Croatia ), economic, political and then ethno-territorial conflicts began to grow. In
4815-636: The Hague Court or other tribunal. These were signed in August 1911 but had to be ratified by a two thirds vote of the Senate. Neither Taft nor Knox consulted with members of the Senate during the negotiating process. By then many Republicans were opposed to Taft, and the president felt that lobbying too hard for the treaties might cause their defeat. He made some speeches supporting the treaties in October, but
4922-702: The ICC, the website of the SIAC and the website of the International Arbitration Attorney Network. The overall cost of administrative and arbitrator fees is, on average, less than 20% of the total cost of international arbitration. In many legal systems – both common law and civil law – it is normal practice for the courts to award legal costs against a losing party, with the winner becoming entitled to recover an approximation of what it spent in pursuing its claim (or in defense of
5029-463: The New York Convention. Article V of the New York Convention provides an exhaustive list of grounds on which enforcement can be challenged. These are generally narrowly construed to uphold the pro-enforcement bias of the Convention. Certain international conventions exist in relation to the enforcement of awards against states. The arbitrators who determine the outcome of the dispute are called
5136-439: The New York Convention. An arbitral decision is foreign where the award was made in a state other than the state of recognition or where foreign procedural law was used. In most cases, these disputes are settled with no public record of their existence as the loser complies voluntarily, although in 2014 UNCITRAL promulgated a rule for public disclosure of investor-state disputes. Virtually every significant commercial country in
5243-640: The Republic had given the necessary guarantees to respect human rights and international peace and security. However, the European Community was initially reluctant to accept the recommendations because of Greek opposition . The Commission recommended for the European Community to recognise Slovenia. The Commission rejected Serbian and Montenegrin objections to its competence to respond to three references that it had received from Lord Carrington, which resulted in Opinions 8, 9 and 10. The Commission decided that
5350-564: The SFRY. Based upon the above analysis of the reasoning of the Badinter Commission in Opinion No 3 Radan concludes that neither the international law principles of respect for the territorial status quo and uti possidetis nor the provisions of article 5 of the Constitution of the SFRY 1974 provides any justification for the Badinter Borders Principle" and that in redrawing the new borders between independent states "it may even be necessary to facilitate orderly and voluntary transfers of parts of
5457-399: The Senate added amendments Taft could not accept, killing the agreements. The arbitration issue opens a window on a bitter philosophical dispute among American progressives. Some, led by Taft, looked to legal arbitration as the best alternative to warfare. Taft was a constitutional lawyer who later became Chief Justice; he had a deep understanding of the legal issues. Taft's political base
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#17327649292235564-482: The US illegally when quite young and grew up there while having little contact with their native country and their culture often have a national identity of feeling American, despite legally being nationals of a different country. Dual nationality is when a single person has a formal relationship with two separate, sovereign states. This might occur, for example, if a person's parents are nationals of separate countries, and
5671-412: The US outlying possessions as US nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some " British subjects "). Similarly, in the Republic of China , commonly known as Taiwan , the status of national without household registration applies to people who have
5778-468: The USSR and Yugoslavia. In the early years of the Soviet Union's existence, ethnicity was usually determined by the person's native language, and sometimes through religion or cultural factors, such as clothing. Children born after the revolution were categorized according to their parents' recorded ethnicities. Many of these ethnic groups are still recognized by modern Russia and other countries. Similarly,
5885-646: The United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the UNCITRAL Model Law). The provisions allow for proceedings to be conducted abroad and for the parties to agree to conduct an arbitration in any language.In March 2023, an important further mini reform of the arbitration law entered into force, intended to remove some last remaining potential issues for foreign parties. In particular,The Italian Council of Ministers, through
5992-588: The arbitral decision (“lodo arbitrale”) as close as possible to the judicial judgment (“sentenza”). In this respect, the Reform constitutes the first major change to the Code since 2006, when the Italian system was, for the first time, partially aligned with the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Commercial Arbitration. However, the last intervention is limited to specific aspects of
6099-620: The arbitral discipline, such as translatio iudicii, the principle of impartiality and independence of arbitrators, and the power to issue precautionary measures. It also pertains to corporate arbitration, which is now governed by the ICCP. The U.S. Supreme Court has held that the Federal Arbitration Act (FAA) of 1925 established a public policy in favor of arbitration. For the first six decades of its existence, courts did not allow arbitration for "federal statutory claims" through
6206-539: The arbitral tribunal. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith . Arbitrations are usually divided into two types: ad hoc arbitrations and administered (or institutional) arbitrations. In ad hoc arbitrations,
6313-525: The arbitral tribunals are appointed by the parties or by an appointing authority chosen by the parties. After the tribunal has been formed, the appointing authority will normally have no other role and the arbitration will be managed by the tribunal. In administered arbitration, the arbitration is administered by a professional arbitration institution providing arbitration services, such as the LCIA in London , or
6420-462: The arbitration agreement and by the procedural laws which apply in the seat of the arbitration. The extent to which the laws of the seat of the arbitration permit "party autonomy" (the ability of the parties to set out their own procedures and regulations) determines the interplay between the two. However, in almost all countries the tribunal owes several non-derogable duties. These will normally be: The definition of Arbitral Award given in sec 2(1)(c)
6527-490: The arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions . In certain countries, such as the United States , arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include
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#17327649292236634-432: The circumstances in which it would apply. There does not appear to be any recorded judicial decision in which it has been applied. However, conceptually, to the extent it exists, the doctrine would be an important derogation from the general principle that awards are not subject to review by the courts. The overall costs of arbitration can be estimated on the websites of international arbitration institutions, such as that of
6741-629: The city to prevent further clashes. On March 9, 1991, protests in Belgrade were suppressed by the army. On March 31, 1991, there was a clash between Croatian police and armed forces from the Croatian Serb -established SAO Krajina at the Plitvice Lakes National Park in which two men were killed. These events culminated in a minor armed conflict in Slovenia and the beginning of the war in Croatia . In early 1991,
6848-418: The claim(s) by a state to protect an alleged national if the nationality is based on a true social bond. In the case of dual nationality, the states may determine the most effective nationality for the person, to determine which state's laws are the most relevant. There are also limits on removing a person's status as a national. Article 15 of the Universal Declaration of Human Rights states that "Everyone has
6955-403: The concept of full citizenship encompasses not only active political rights, but full civil rights and social rights . Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and the right to be elected. This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until
7062-462: The conditions ( statute ) under which it will recognize persons as its nationals, and the conditions under which that status will be withdrawn . Some countries permit their nationals to have multiple nationalities , while others insist on exclusive allegiance . Due to the etymology of nationality , in older texts or other languages the word "nationality", rather than "ethnicity", is often used to refer to an ethnic group (a group of people who share
7169-402: The consent of that autonomous province. (3) A border of the SFRY cannot be altered without the concurrence of all republics and autonomous provinces. (4) A border between republics can only be altered on the basis of their agreement, and in the case of a border of an autonomous province — on the basis of its concurrence. In referring to article 5, his criticism is that the Badinter Commission
7276-601: The consumer may waive their right to a lawsuit and a class action . In 2011, one of these clauses was upheld in AT&;T Mobility v. Concepcion . Several arbitration organizations exist, including the American Arbitration Association and JAMS . The National Arbitration Forum also conducts arbitrations, but it no longer conducts consumer arbitrations pursuant to a consent decree entered into in 2009 because of evidence that it had been biased toward, and had incentives that favored, credit card companies over cardholders. The AAA
7383-459: The context of the Yugoslav state whose own territorial integrity and borders remained in place. According to Radan, a republic seeking to violate the provisions of paragraphs 1 and 3 of article 5 could hardly reap the guarantees contained within paragraphs 2 and 4. Consequently, he argues that article 5 provides no support for the application of the Badinter Borders Principle to the fragmentation of
7490-542: The courts. In 2020, the Singapore Academy of Law published a report on the right of appeal in arbitral proceedings evaluating the advantages and disadvantages of the two distinct frameworks, concluding that the existence of appeals enables the development of case law and consequently provides greater certainty for parties to arbitral proceedings. The report identifies the availability of appeals by default under section 69 of England's Arbitration Act 1996 as
7597-556: The courts. Under section 45 of the Arbitration Act 2001, either party or the arbitral tribunal itself may apply to the court to issue a ruling on "any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties" and under section 49, either party may appeal an arbitral award on any question of law unless the parties have expressly excluded appeals
7704-467: The current era, persons native to Taiwan who hold passports of Republic of China are one example. Some countries (like Kuwait, the UAE, and Saudi Arabia) can also remove one's citizenship; the reasons for removal can be fraud and/or security issues. There are also people who are abandoned at birth and the parents' whereabouts are not known. Nationality law defines nationality and statelessness. Nationality
7811-497: The default position in order to cater to parties who desire a completely extrajudicial resolution of contractual disputes. Uniquely, both the International Arbitration Act 1994 and the Arbitration Act 2001 contain provisions (Part 2A and Part 9A, respectively) explicitly authorising the arbitration of intellectual property disputes regardless of the extent to which the law of Singapore or any other jurisdiction expressly confers jurisdiction upon any designated body. This contrasts with
7918-539: The fragmentation of Yugoslavia. On 20 November 1991 Lord Carrington asked whether the secession of some republics from SFRY preserved its existence, as Serbia and Montenegro claimed, or caused its dissolution with all the republics being equal successors to the SFRY. The commission replied on 29 November 1991, "the Socialist Federative Republic of Yugoslavia is in the process of dissolution". On 20 November 1991 Lord Carrington asked: "Does
8025-521: The general approach taken by the majority of other jurisdictions and enables parties to foreign intellectual property disputes to seek resolution offshore without affecting the recognition of intellectual property rights in the jurisdictions in which they are issued. Italy has a modern and open approach to arbitration, the main law on which is contained in Book IV, Chapter VIII of the Code of Civil Procedure (CCP). Many provisions take their inspiration from
8132-466: The general rule which does allow for commercial expediency; any other solution (where one first had to go to court to decide whether one had to go to arbitration) would be self-defeating. Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in
8239-685: The laws of countries in which courts may award costs against a losing party, the arbitral tribunal will also determine the portion of the arbitrators' fees that the losing party is required to bear. As methods of dispute resolution, arbitration procedure can be varied to suit the needs of the parties. Certain specific "types" of arbitration procedure have developed, particularly in North America. Such forms of "Last Offer Arbitration" can also be combined with mediation to create MEDALOA hybrid processes (Mediation followed by Last Offer Arbitration). Nationality In international law , nationality
8346-411: The legal process of the dissolution of the SFRY had completed and so the SFRY no longer existed. The Commission considered state succession, resulting from the cessation of the SFRY, should be resolved. It ruled that it should be resolved by mutual agreement between the several successor states, with an equitable division of the international assets and obligations of the former SFRY. It also decided that
8453-519: The membership of the SFRY in international organizations could not be continued by any successor state, but each state would have to apply for membership anew. In this decision, the Commission ruled that the FRY (Serbia and Montenegro) could not legally be considered a continuation of the former SFRY, but it was a new state. Thus, the European Community should not automatically recognize the FRY but apply
8560-406: The mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's. Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming
8667-549: The national of any state despite possession of an emotional national identity. Another stateless situation arises when a person holds a travel document (passport) which recognizes the bearer as having the nationality of a "state" which is not internationally recognized, has no entry into the International Organization for Standardization's country list, is not a member of the United Nations, etc. In
8774-474: The nationality law classifies people with the same nationality on paper ( de jure ), the right conferred can be different according to the place of birth or residence, creating different de facto classes of nationality, sometimes with different passports as well. For example, although Chinese nationality law operates uniformly in China , including Hong Kong and Macau SARs, with all Chinese nationals classified
8881-482: The new Croatian Constitution did not incorporate the protections for minorities required by European Community. In response, to this decision, the President of Croatia wrote to Badinter to give assurances that the deficit would be remedied, and the European Community then recognized Croatia. The Commission recommended for the European Community to accept the request of the then Republic of Macedonia for recognition, as
8988-402: The ordinary sense of the word. However, in most countries, the court maintains a supervisory role to set aside awards in extreme cases, such as fraud or in the case of some serious legal irregularity on the part of the tribunal. Only domestic arbitral awards are subject to set aside procedure. In American arbitration law there exists a small but significant body of case law which deals with
9095-520: The outbreak of World War I. Bryan negotiated 28 treaties that promised arbitration of disputes before war broke out between the signatory countries and the United States. He made several attempts to negotiate a treaty with Germany, but ultimately was never able to succeed. The agreements, known officially as "Treaties for the Advancement of Peace," set up procedures for conciliation rather than for arbitration. Arbitration treaties were negotiated after
9202-426: The population." Arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or ' arbitral tribunal ') renders the decision in the form of an ' arbitration award '. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that
9309-415: The power of the courts to intervene where the decision of an arbitrator is in fundamental disaccord with the applicable principles of law or the contract. However, this body of case law has been called into question by recent decisions of the Supreme Court. Unfortunately, there is little agreement amongst the different American judgments and textbooks as to whether such a separate doctrine exists at all, or
9416-406: The principle of uti possidetis juris , the commission concluded on 11 January 1992, "The boundaries between Croatia and Serbia, between Bosnia and Herzegovina and Serbia, and possibly other adjacent independent states may not be altered except by agreement freely arrived at.... Except where otherwise agreed, the former boundaries become frontiers protected by international law". The Commission
9523-526: The realism of warfare as the only solution to serious disputes. Taft's treaties with France and Britain were killed by Roosevelt, who had broken with his protégé Taft in 1910. They were dueling for control of the Republican Party. Roosevelt worked with his close friend Senator Henry Cabot Lodge to impose those amendments that ruined the goals of the treaties. Lodge thought the treaties impinge too much on senatorial prerogatives. Roosevelt, however,
9630-606: The recent reform known as “Cartabia”, introduces significant innovations in the field of arbitration by reorganising various institutions of civil procedure. The purpose of the Reform, in accordance with the Recovery Plan for Europe, is to simplify and increase the overall efficiency of the Italian legal system. In particular, the amendments to the Fourth Book of the Italian Code of Civil Procedure (ICCP) aim to bring
9737-405: The right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." A person can be recognized or granted nationality on a number of bases. Usually, nationality based on circumstances of birth is automatic, but an application may be required. The following instruments address the right to a nationality: Nationals normally have
9844-473: The same criteria as for the recognition of the other post-SFRY states. The text of the first ten opinions of the Badinter Commission has been published in the European Journal of International Law . Opinions 1-3 are reproduced in 3 EJIL 1 (1992) pp. 182ff. Opinions 4-10 are reproduced in 4 EJIL 1 (1993) pp. 74ff. Peter Radan, an Australian legal academic of Serbian descent, has criticised
9951-510: The same under the nationality law, in reality local laws, in mainland and also in the SARs, govern the right of Chinese nationals in their respective territories which give vastly different rights, including different passports, to Chinese nationals according to their birthplace or residence place, effectively making a distinction between Chinese national of mainland China, Hong Kong or Macau, both domestically and internationally. The United Kingdom had
10058-476: The section. Either action is only permitted with the consent of the other parties or either the arbitral tribunal (for rulings on preliminary points of law) or the Court (with regard to appeals. This is in contrast to the International Arbitration Act 1994, which generally replicates the provisions of the UNCITRAL Model Law on International Commercial Arbitration and provides more restricted access to
10165-456: The state. In international law , a " stateless person " is someone who is "not considered as a national by any state under the operation of its law". To address this, Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality", and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality", even though, by international custom and conventions, it
10272-503: The subject matter of some disputes is not capable of arbitration. In general, two groups of legal procedures cannot be subjected to arbitration: Arbitration agreements are generally divided into two types: The former is the far more prevalent type of arbitration agreement. Sometimes, legal significance attaches to the type of arbitration agreement. For example, in certain Commonwealth countries (not including England and Wales), it
10379-513: The term nationalities of China refers to ethnic and cultural groups in China. Spain is one nation, made up of nationalities , which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation. Spanish law recognizes the autonomous communities of Andalusia , Aragon , Balearic Islands , Canary Islands , Catalonia , Valencia , Galicia and
10486-735: The use of arbitration to resolve their differences. It was first used in the Jay Treaty of 1795 negotiated by John Jay , and played a major role in the Alabama Claims case of 1872 whereby major tensions regarding British support for the Confederacy during the American Civil War were resolved. At the First International Conference of American States in 1890, a plan for systematic arbitration
10593-457: The war, but attracted much less attention than the negotiation mechanism created by the League of Nations . By far the most important international instrument on arbitration law is the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards , usually simply referred to as the "New York Convention". Virtually every significant commercial country is a signatory, and only
10700-463: The world is a party to the Convention while relatively few countries have a comprehensive network for cross-border enforcement of judgments their courts. Additionally, the awards not limited to damages. Whereas typically only monetary judgments by national courts are enforceable in the cross-border context, it is theoretically possible (although unusual in practice) to obtain an enforceable order for specific performance in an arbitration proceeding under
10807-420: Was acting to sabotage Taft's campaign promises. At a deeper level, Roosevelt truly believed that arbitration was a naïve solution and the great issues had to be decided by warfare. The Rooseveltian approach had a near-mystical faith of the ennobling nature of war. It endorsed jingoistic nationalism as opposed to the businessmen's calculation of profit and national interest. Although no general arbitration treaty
10914-542: Was also asked to exit the business, but has not done so. The Korean Arbitration Act is the main law governing arbitration in the Republic of Korea. The official body which resolves disputes via arbitration is the Korean Commercial Arbitration Board . Legal professionals and corporations, in Korea, are increasingly preferring arbitration to litigation. The number of arbitrations, in Korea,
11021-435: Was asked whether the independence of Bosnia and Herzegovina should be recognised. The Commission decided against recognition because, unlike the other republics seeking independence, Bosnia and Herzegovina had not yet held a referendum on independence. The Commission considered the application of Croatia for the recognition of its independence. The Commission ruled that Croatia's independence should not yet be recognized because
11128-480: Was developed, but not accepted. The Hague Peace Conference of 1899 saw the major world powers agree to a system of arbitration and the creation of the Permanent Court of Arbitration . Arbitration was widely discussed among diplomats and elites in the 1890–1914 era. The 1895 dispute between the United States and Britain over Venezuela was peacefully resolved through arbitration. Both nations realized that
11235-589: Was entered into, Taft's administration settled several disputes with Great Britain by peaceful means, often involving arbitration. These included a settlement of the boundary between Maine and New Brunswick, a long-running dispute over seal hunting in the Bering Sea that also involved Japan, and a similar disagreement regarding fishing off Newfoundland. American Secretary of State William Jennings Bryan (1913–1915) worked energetically to promote international arbitration agreements, but his efforts were frustrated by
11342-484: Was guilty of selective quoting. Radan's reason for this opinion is that in relying on paragraphs 2 and 4 of article 5, the Badinter Commission ignored the provisions of paragraphs 1 and 3. In doing so it was justifying the division of the SFRY and the alteration of its international borders in violation of paragraphs 1 and 3. Radan argues that the territorial integrity of republics and the sanctity of their borders referred to in paragraphs 2 and 4 of article 5 only applied in
11449-507: Was the conservative business community which largely supported peace movements before 1914. However, his mistake in this case was a failure to mobilize that base. The businessmen believed that economic rivalries were cause of war, and that extensive trade led to an interdependent world that would make war a very expensive and useless anachronism. However, an opposing faction of American progressives, led by ex-president Theodore Roosevelt, ridiculed arbitration as foolhardy idealism, and insisted on
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