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Mohammad Nsour

Abstract

This article provides an analysis of outward foreign direct investment (FDI) trends from Turkey in light of the UAE’s interests. The key objective is to present a concise picture of Turkish FDI and of the opportunities within selected sectors in the UAE. Pursuant to this analysis, the article enumerates various challenges the UAE legal system poses to foreign investment. It then offers recommendations for how the UAE can mitigate these challenges without compromising its legal and economic regimes.

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Haider Ala Hamoudi

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Reyadh Mohamed Seyadi

Abstract

One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.

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Emad Abdel Rahim Dahiyat

Abstract

Although e-commerce is growing at a dramatic rate, there are still areas of concern that need to be addressed adequately by the legislation in order to promote trust in e-commerce and remove any barriers to its full development. This paper thus explores the existing legislation in UAE to determine whether or not this legislation gives due attention to consumer protection in an online environment. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to enhance legal certainty as well as maintain the credibility of the Internet as a market place for consumers.

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Su-Mi Lee

Abstract

This research examines the effect of mediators’ characteristics on mediation outcomes. In the current study of international mediation, one group of scholars argues that biased mediators with a considerable interest at stake in the dispute are usually effective. Others stress that mediator neutrality is a precondition for mediation to be successful. To test these claims, this study evaluates the Philippines’ qualifications as a mediator for the Borneo confrontation between Indonesia and Malaya in the 1960s. Although the Philippines’ strong ties to both disputants qualified it as an impartial mediator, its ongoing dispute with Malaya over Sabah transformed the Philippines into a biased/interested mediator in the Borneo confrontation. This research illustrates how effective the Philippines was in mediating the Borneo confrontation. It also sheds light on the possible futility of South Korea’s involvement as a third party in the People’s Republic of China-Japan territorial dispute.

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Mustafa Kirisci and J. Michael Greig

Abstract

This article examines the forces that encourage targets and challengers involved in claim disputes to offer concessions first. Our framework focuses upon reputation and pressure as key forces that can influence concession-making by claim dispute targets and challengers. We argue that past concession behavior both inside and outside of a claim dyad influences the willingness to make concessions, but does so in distinct ways. We also argue that pressure arising from internal conflict within the disputants and from major power involvement in managing the dispute, also influences the occurrence of concession-making. The results of our hazard analysis show that states involved in claim disputes do consider their opponent’s previous concession-making behavior. Our findings point clearly to the history of concessions within the dyad as a key influence on subsequent concession-making and that major power involvement increases the likelihood of concession-making by both challengers and targets.

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Philipp Strobl

Social networks are crucial factors for refugees and consequently have become an important area of research. They are complex social phenomena that should not be regarded simply as the mere sum of relationships but should rather be seen as the structure of interrelating ties. By combining sociological approaches with methods of biographical research, this study explores the meaning structure of networks built by three Austrian refugees who fled to Australia in 1938/1939. It describes empirically how their expectations influenced transactions, how networks emerged out of dyadic relationships, the role the individual refugees played in that process, and how interwar networks influenced the refugees in setting up networks in Australia. The article also questions how refugees used their networks to cope with their escape and their integration into a new homeland, and how their forced migration influenced identities and relationships in networks.

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Brittany Lehman

In 1962, the Federal Republic of Germany (frg) agreed to negotiate a guestworker agreement with Morocco in order to create guidelines for handling 4,000 so-called illegal Moroccan migrants, most of whom lived in North Rhine-Westphalia. Unlike other guestworker agreements, this one was not about recruitment, but rather it was designed to restrict migration from Morocco, legalise the stay of Moroccans already in the country, and establish guidelines for future deportations. Looking at the history of the West German-Moroccan Agreement from its start until its termination in 1973, this article provides a discussion of Moroccan labourers access to and legal status in West Germany, demonstrating how international and economic interests as well as cultural stereotypes of both Moroccans and Arabs shaped West German migration policies. In so doing, the article emphasises the West German federal and the North Rhine-Westphalian state governments’ different goals, revealing that the West German government was not a monolithic entity; it was in fact defined by multiple, sometimes contradictory, viewpoints and pressures.

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Shelley Stagg Peterson

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Edited by Coppélie Cocq and Kirk P.H. Sullivan